LOCAL RULES FOR THE
SUPERIOR COURT
COUNTY OF
EL DORADO
EFFECTIVE JANUARY 1, 2015
LOCAL RULES FOR THE SUPERIOR COURT
COUNTY OF EL DORADO
Effective January 1, 2015
With the implementation of new rules and revisions, these rules should replace all
other El Dorado County Local Rules you may have in your possession.
Thank you.
LOCAL RULES – EL DORADO COUNTY
i
Revised January 1, 2015
TABLE OF CONTENTS
EFFECTIVE JANUARY 1, 2015
1.00.00 SCOPE OF RULES FOR THE SUPERIOR COURT ................................................................... 1
1.00.01 EFFECTIVE
DATE OF RULES ..................................................................................................... 1
1.00.02 EFFECT
OF RULES AND CITATION TO RULES ...................................................................... 1
1.00.03 CONSTRUCTION
AND APPLICATION OF RULES .................................................................. 1
1.00.04 DEFINITION
OF WORDS USED IN THESE RULES .................................................................. 1
1.00.05 AMENDMENT,
ADDITION, OR REPEAL OF RULES ............................................................... 2
2.00.00 COURT OF ORIGINAL PROCEEDINGS .................................................................................... 2
2.00.01 SUPERVISION
OF COURT BUSINESS ....................................................................................... 2
2.00.02 DUTIES
OF THE PRESIDING JUDGE ......................................................................................... 2
2.00.03 ASSISTANT
PRESIDING JUDGE ................................................................................................ 2
2.00.04 CEO
OF THE SUPERIOR COURT ................................................................................................ 3
2.00.05 COURT
COMMISSIONERS AND JUDGES PRO TEMPORE .................................................... 3
2.00.06 COMPLAINTS
AGAINST COMMISSIONERS, REFEREES, AND JUDGES PRO TEMPORE 3
2.00.07 RECORD
OF PROCEEDINGS ...................................................................................................... 4
2.00.08 LOCATION
AND SCHEDULE OF COURT SESSIONS .............................................................. 4
2.00.09 TRANSFERRING
CASES BETWEEN PLACERVILLE AND SOUTH LAKE TAHOE
SESSIONS ........................................................................................................................................................ 5
2.00.10 JUDICIAL
ASSIGNMENTS: PLACERVILLE SESSION ............................................................ 6
2.00.11 JUDICIAL
ASSIGNMENTS: SOUTH LAKE TAHOE SESSION ................................................ 7
2.00.12 DUTY
JUDGE ................................................................................................................................ 8
2.00.13 HOLIDAYS .................................................................................................................................... 9
2.00.14 ALCOHOLIC
BEVERAGES ......................................................................................................... 9
2.00.15 FIREARMS ..................................................................................................................................... 9
2.00.16 COURT
SECURITY: SEARCHES OF PERSONS AND PROPERTY .......................................... 9
2.00.17 USE
OF ELECTRONIC DEVICES IN THE COURTROOM ...................................................... 10
3.00.00 JURIES AND JURY SERVICE ..................................................................................................... 11
3.00.01 COMMON
JURY PANEL ............................................................................................................ 11
3.00.02 DEMAND
FOR JURY IN CIVIL ACTION; PAYMENT OF FEES ............................................ 11
3.00.03 DUTY
OF CITIZENSHIP ............................................................................................................. 11
3.00.04 REQUESTS
TO BE EXCUSED ................................................................................................... 12
3.00.05 GROUNDS
CONSTITUTING UNDUE HARDSHIP .................................................................. 12
3.00.06 PRIOR
JURY SERVICE ............................................................................................................... 13
3.00.07 PERSONS
QUALIFIED TO SERVE AS JURORS ...................................................................... 13
3.00.08 PERSONS
DISQUALIFIED FROM JURY SERVICE ................................................................ 13
3.00.09 REQUEST
FOR A PROSPECTIVE JUROR TO BE EXCUSED OR DEFERRED ..................... 14
4.00.00 DOCUMENTS PRESENTED FOR FILING ................................................................................ 14
4.00.01 GENERAL
FORMAT OF DOCUMENTS ................................................................................... 14
4.00.02 FORMAT
OF DOCUMENTS – LAW AND MOTION MATTERS ............................................ 15
4.00.03 JUDGMENTS
AND DECREES ................................................................................................... 15
4.00.04 CONFORMING
COPIES ............................................................................................................. 15
4.00.05 RETURN
ENVELOPE REQUIRED FOR CONFORMED COPIES ........................................... 16
4.00.06 TIME
AND DATE OF HEARING TO BE INDICATED ............................................................. 16
4.00.07 ATTORNEY
“WILL-CALL” FILE .............................................................................................. 16
4.00.08 FILING
OF DOCUMENTS BY FAX ........................................................................................... 16
4.00.09 FAX
FILING ................................................................................................................................. 16
5.00.00 CRIMINAL PROCEEDINGS ........................................................................................................ 17
5.00.01 APPLICATION
OF RULES ......................................................................................................... 17
LOCAL RULES – EL DORADO COUNTY
ii
Revised January 1, 2015
5.00.02 CRIMINAL COMPLAINTS: FORMAT ...................................................................................... 17
5.00.03 CRIMINAL
COMPLAINTS: TIME AND PLACE FOR FILING ................................................ 17
5.00.04 POLICY ........................................................................................................................................ 17
5.01.00 VIDEOCONFERENCING ........................................................................................................... 18
5.02.00
– 5.09.00 RESERVED FOR FUTURE USE .................................................................................... 18
5.10.00 BAIL ............................................................................................................................................. 18
5.10.01 REQUESTS
FOR BAIL OR RELEASE ON OWN RECOGNIZANCE ...................................... 18
5.10.02 BAIL
FORFEITURES .................................................................................................................. 18
5.11.00 TRIAL
SETTING AND READINESS CONFERENCES ............................................................ 19
5.11.01 STATUS
CONFERENCE ............................................................................................................. 19
5.11.02 RESERVED
FOR FUTURE USE ................................................................................................. 19
5.11.03 PRETRIAL
CONFERENCE ......................................................................................................... 19
5.11.04 MOTIONS
IN CRIMINAL CASES .............................................................................................. 19
5.11.05 ELECTRONIC
RECORDINGS OFFERED INTO EVIDENCE .................................................. 20
5.12.00 TRIAL ........................................................................................................................................... 21
5.12.01 CONTINUANCES ........................................................................................................................ 21
5.12.02 MARKING
EXHIBITS ................................................................................................................. 21
5.13.00 FELONY
BAIL SCHEDULE ....................................................................................................... 21
5.14.00 EXHIBIT
STORAGE AND DISPOSITION ................................................................................. 21
5.14.01 POLICY ........................................................................................................................................ 21
5.14.02 RECEIPT
OF EXHIBITS .............................................................................................................. 21
5.14.03 RETENTION,
DESTRUCTION, AND RETURN OF EXHIBITS ............................................... 23
5.14.04 VIEWING
EXHIBITS .................................................................................................................. 23
5.15.00 COURT
APPOINTED COUNSEL AND EXPERTS; COMPENSATION .................................. 23
5.15.01 RESERVED
FOR FUTURE USE ................................................................................................. 23
5.15.02 INVESTIGATIVE
FEES AND EXPENSES ................................................................................ 23
5.15.03 EXPERT
FEES AND EXPENSES ............................................................................................... 24
5.15.04 PUBLIC
ACCESS TO POLICE REPORTS ................................................................................. 24
5.15.05 JURY
INSTRUCTIONS ............................................................................................................... 25
6.00.00 TRAFFIC AND SMALL CLAIMS PROCEEDINGS ................................................................. 25
6.00.01 TRIAL
BY WRITTEN DECLARATION ..................................................................................... 25
7.00.00 CIVIL PROCEEDINGS ................................................................................................................. 25
7.01.00 APPLICATION
OF RULES ......................................................................................................... 25
7.02.00 TELECONFERENCING
AND VIDEOCONFERENCING ......................................................... 25
7.03.00
– 7.08.00 RESERVED FOR FUTURE USE .................................................................................... 25
7.09.00 FACSIMILE
TRANSMISSION AND SERVICE OF DOCUMENTS ......................................... 26
7.09.01 DEFINITIONS .............................................................................................................................. 26
7.10.00 LAW
AND MOTION CALENDAR ............................................................................................. 26
7.10.01 SCOPE
OF LAW AND MOTION RULES ................................................................................... 26
7.10.02 MOTIONS:
IN GENERAL ........................................................................................................... 26
7.10.03 PLEADINGS ................................................................................................................................ 27
7.10.04 CONTINUANCES ........................................................................................................................ 28
7.10.05
TENTATIVE RULING SYSTEM FOR WESTERN SLOPE AND SOUTH LAKE TAHOE ...... 29
7.10.06 LENGTH
OF HEARING; LONG CAUSE MATTERS ................................................................ 30
7.10.07 DEFAULTS
OR UNCONTESTED MATTERS; PROVE-UPS ................................................... 31
7.10.08 MOTIONS
TO BE RELIEVED AS COUNSEL ........................................................................... 31
7.10.09 ARBITRATION ............................................................................................................................ 31
7.10.10 EX
PARTE MOTIONS AND APPLICATIONS; ORDERS SHORTENING TIME .................... 32
7.10.11 MOTION
FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION ..................... 33
7.10.12 COMPROMISE
OF CLAIM OF MINOR OR INCOMPETENT PERSON ................................. 34
7.11.00 EXHIBIT
STORAGE AND DISPOSITION ................................................................................. 35
7.11.01 POLICY ........................................................................................................................................ 35
LOCAL RULES – EL DORADO COUNTY
iii
Revised January 1, 2015
7.11.02 RECEIPT OF EXHIBITS .............................................................................................................. 35
7.11.03 RETENTION,
DESTRUCTION, AND RETURN OF EXHIBITS ............................................... 37
7.11.04 VIEWING
EXHIBITS .................................................................................................................. 37
7.12.00 TRIAL
COURT CASE MANAGEMENT RULES....................................................................... 37
7.12.01 APPLICATION
OF CASE MANAGEMENT RULES................................................................. 37
7.12.02 POLICY ........................................................................................................................................ 38
7.12.03 ASSIGNMENT
OF CASES AND CHALLENGES TO ASSIGNED JUDGE ............................. 38
7.12.04 DELEGATION
TO TEMPORARY JUDGE AND CHALLENGES ............................................ 39
7.12.05 SETTING
THE CASE MANAGEMENT CONFERENCE DATE AND CASE MANAGEMENT
DOCUMENTS ............................................................................................................................................... 39
7.12.06 SERVICE
OF COMPLAINT AND CASE MANAGEMENT DOCUMENTS ............................ 39
7.12.07 RESPONSIVE
PLEADINGS........................................................................................................ 40
7.12.08 OBLIGATION
TO TAKE DEFAULT AND OBTAIN JUDGMENT .......................................... 40
7.12.09 UNINSURED
MOTORIST CASES ............................................................................................. 40
7.12.10 CASE
MANAGEMENT CONFERENCE .................................................................................... 41
7.12.11 MANDATORY
SETTLEMENT AND READINESS CONFERENCE ....................................... 44
7.12.12 ISSUES
CONFERENCE .............................................................................................................. 46
7.12.13 SANCTIONS ............................................................................................................................ 47
46
7.12.14 RESERVED FOR FUTURE USE ................................................................................................. 47
7.12.15 PLAINTIFF’S
DUTY IF CASE SETTLES, VACATION OF DATES, AND THE DISMISSAL
HEARING ...................................................................................................................................................... 47
7.12.16 RESERVED
FOR FUTURE USE ................................................................................................. 47
7.12.17 CONTINUANCES
OF DATES ................................................................................................ 4847
7.12.18 CONFLICTS AMONG THE RULES ........................................................................................... 48
7.12.19 ELECTRONIC
RECORDINGS OFFERED INTO EVIDENCE .................................................. 48
7.13.00 RESERVED
FOR FUTURE USE ................................................................................................. 48
7.14.00 RESERVED
FOR FUTURE USE ................................................................................................. 48
7.15.00 RESERVED
FOR FUTURE USE ................................................................................................. 48
7.16.00 RULES
FOR ACTIONS ARISING UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT – PUBLIC RESOURCES CODE SECTION 21000, ET SEQ. ............................................ 48
8.00.00 FAMILY LAW PROCEEDINGS .................................................................................................. 53
8.00.01 DEFINITION
OF FAMILY LAW MATTERS ............................................................................. 53
8.00.02 APPLICATION
OF RULES ......................................................................................................... 53
8.00.03 FAMILY
AND JUVENILE COURT MANAGEMENT OF CHILD ABUSE CASES ............ 5453
8.00.04 FAMILY COURT ORDERS ISSUED IN JUVENILE COURT ................................................... 55
8.00.05 PROCEDURES
FOR AIDS TESTING OF MINORS .................................................................. 56
8.01.00 MEET
AND CONFER REQUIREMENT .................................................................................... 57
8.01.01 REQUIREMENT .......................................................................................................................... 57
8.02.00 CONTINUANCES ........................................................................................................................ 57
8.02.01 CONTINUANCE
DISFAVORED ................................................................................................ 57
8.02.02 ONE
CONTINUANCE LIMITATION ......................................................................................... 57
8.02.03 CONTINUANCE
FOR CHILD CUSTODY RECOMMENDING COUNSEL ING ..................... 57
8.02.04 CONTINUANCE
BY STIPULATION ON LAW AND MOTION MATTERS ........................... 57
8.03.00 INCOME
AND EXPENSE DECLARATIONS ........................................................................ 5857
8.03.01 WHEN REQUIRED .................................................................................................................. 5857
8.03.02 PREPARATION INSTRUCTIONS .............................................................................................. 58
8.03.03 ADDITIONAL
INFORMATION TO BE PROVIDED ................................................................ 58
8.03.04 SANCTIONS ................................................................................................................................ 59
8.03.05 INFORMATION
PRIVILEGED .................................................................................................. 59
8.04.00 CHILDREN
IN COURTROOM ................................................................................................... 59
8.05.00 ORDERS
TO SHOW CAUSE AND NOTICES OF MOTION ..................................................... 59
8.05.01 DATE,
TIME, AND PLACE OF HEARING ................................................................................ 59
8.05.02 MOVING
AND RESPONSIVE PAPERS .................................................................................... 59
LOCAL RULES – EL DORADO COUNTY
iv
Revised January 1, 2015
8.05.03 FORMAT OF ORDERS TO SHOW CAUSE AND NOTICES OF MOTION ......................... 6059
8.05.04 APPLICATION FOR ORDER EXCLUDING FROM HOME ..................................................... 60
8.05.05 APPLICATION
FOR EX PARTE TEMPORARY CUSTODY ORDER ..................................... 60
8.05.06 APPLICATION
FOR EX PARTE ORDER FOR IMMEDIATE CHANGE OF PRIOR ORDER
FOR CUSTODY OF MINOR ......................................................................................................................... 60
8.06.00 CONDUCT
OF HEARING ........................................................................................................... 60
8.06.01 TIME
LIMITATIONS .................................................................................................................. 60
8.06.02 LACK
OF APPEARANCE ........................................................................................................... 61
8.06.03 MATTERS
TAKEN OFF CALENDAR ....................................................................................... 61
8.06.04 PREPARATION
OF ORDER AFTER HEARING ....................................................................... 61
8.07.00 EX
PARTE ORDERS AND ORDERS SHORTENING TIME ................................................ 6261
8.07.01 DECLARATIONS REQUIRED ............................................................................................... 6261
8.07.02 NOTICE ........................................................................................................................................ 62
8.07.03 OPPONENT
REPRESENTATION .............................................................................................. 62
8.07.04 NOTICE
EXCUSED ..................................................................................................................... 62
8.07.05 SERVICE
OF PAPERS ................................................................................................................. 62
8.07.06 NOTICE
WAIVED ....................................................................................................................... 62
8.08.00 CONDITIONS
FOR ISSUANCE OF ORDERS SHORTENING TIME .................................. 6362
8.08.01 AFFIDAVIT .............................................................................................................................. 6362
8.08.02 NOTICE ........................................................................................................................................ 63
8.08.03 REASON
TO BE STATED ........................................................................................................... 63
8.09.00 CHILD
AND SPOUSAL SUPPORT ............................................................................................ 63
8.09.01 GOVERNING
LAWS ................................................................................................................... 63
8.09.02 SPOUSAL
SUPPORT ................................................................................................................... 63
8.09.03 TEMPORARY
SPOUSAL SUPPORT ......................................................................................... 63
8.09.04 NO
LIMITATION ON COURT DISCRETION ........................................................................... 63
8.09.05 PERMANENT
SPOUSAL SUPPORT ..................................................................................... 6463
8.10.00 CHILD CUSTODY, VISITATION AND CHILD CUSTODY RECOMMENDING
COUNSELING – GENERAL PROVISIONS ............................................................................................ 6463
8.10.01 REFERRAL TO CHILD CUSTODY RECOMMENDING COUNSELING ............................... 64
8.10.02 CHILD
CUSTODY RECOMMENDING COUNSELING SCHEDULING ................................ 64
8.10.03 APPOINTMENT
OF CHILD CUSTODY RECOMMENDING COUNSELOR/EVALUATOR;
STANDARDS; QUALIFICATIONS ............................................................................................................. 64
8.10.04 MINIMUM
STANDARDS ........................................................................................................... 64
8.10.05 EX
PARTE CONTACT PROHIBITED ........................................................................................ 64
8.10.06 PARTICIPATION
OF CHILDREN .............................................................................................. 65
8.10.07 BOTH
PARENTS TO BE INTERVIEWED ................................................................................. 65
8.11.00 CHALLENGES
TO CHILD CUSTODY RECOMMENDING COUNSELORS OR
EVALUATORS ............................................................................................................................................. 65
8.11.01 ONE
CHALLENGE PER PARTY ................................................................................................ 65
8.11.02 NO
FURTHER CHALLENGES ................................................................................................... 65
8.11.03 SUBSEQUENT
CHILD CUSTODY RECOMMENDING COUNSELING SESSIONS ......... 6665
8.11.04 NO PEREMPTORY CHALLENGE AFTER FIRST INTERVIEW ............................................. 66
8.12.00 PAYMENT
OF CHILD CUSTODY RECOMMENDING COUNSELOR’S OR EVALUATOR’S
FEES 66
8.13.00 COMPLAINT
PROCEDURE ABOUT CHILD CUSTODY RECOMMENDING COUNSELOR
66
8.14.00 CHILD
CUSTODY RECOMMENDING COUNSELING PROCESS ......................................... 66
8.14.01 SUPPORT
PERSONS ................................................................................................................... 66
8.14.02 CONDUCT
OF CHILD CUSTODY RECOMMENDING COUNSELOR .................................. 66
8.14.03 CHILD
CUSTODY RECOMMENDING COUNSELING AGREEMENT ................................. 67
8.14.04 CHILD
CUSTODY RECOMMENDING COUNSELOR RECOMMENDATIONS ................... 67
8.14.05 COPY
TO BE PROVIDED ........................................................................................................... 67
8.14.06 RECOMMENDATION
OF CHILD CUSTODY RECOMMENDING COUNSELOR ............... 67
LOCAL RULES – EL DORADO COUNTY
v
Revised January 1, 2015
8.14.07 CHILD CUSTODY RECOMMENDING COUNSELING WITHOUT PENDING
PROCEEDING ............................................................................................................................................... 67
8.14.08 PRIVATE
CHILD CUSTODY RECOMMENDING COUNSELING ......................................... 67
8.14.09 CONFIDENTIALITY
OF CHILD CUSTODY RECOMMENDING COUNSELOR REPORTS
AND EVALUATION REPORTS .............................................................................................................. 6867
8.15.00 EVALUATION ............................................................................................................................. 69
8.15.01 EVALUATION
UNDER FAMILY CODE SECTION 3110 ........................................................ 69
8.15.02 EVALUATION
REPORT ............................................................................................................. 69
8.15.03 TESTIMONY
OF EVALUATOR............................................................................................. 7069
8.15.04 STIPULATIONS FOR USE OF SPECIAL MASTER IN CHILD CUSTODY CASES ............... 70
8.16.00 AWARD
OF ATTORNEY’S FEES, COSTS, AND SANCTIONS .............................................. 70
8.16.01 GOVERNING
LAW ................................................................................................................. 7170
8.16.02 FACTORS TO BE CONSIDERED IN SETTING FEES AND COSTS ....................................... 71
8.16.03 DOCUMENTATION
IN SUPPORT OF AWARD OF FEES OR COSTS ................................... 71
8.16.04 INCOME
AND EXPENSE DECLARATION .............................................................................. 71
8.16.05 DECLARATION
TESTIMONY AND BILLINGS ...................................................................... 71
8.17.00 SANCTIONS ................................................................................................................................ 71
8.17.01 ATTORNEY’S
FEES ............................................................................................................... 7271
8.17.02 OTHER SANCTIONS .................................................................................................................. 72
8.18.00 STATUS/TRIAL
SETTING CONFERENCE .............................................................................. 72
8.18.01 DATE,
TIME, AND PLACE OF CONFERENCE ........................................................................ 72
8.18.02 CONTINUANCES
BECAUSE OF CONFLICT .......................................................................... 72
8.18.03 ATTENDANCE ............................................................................................................................ 72
8.18.04 RESOLUTION
OF ISSUES .......................................................................................................... 72
8.18.05 PARTIES’
ATTENDANCE ......................................................................................................... 72
8.18.06 SANCTIONS ................................................................................................................................ 73
8.19.00 STATEMENT
OF ISSUES, CONTENTIONS, AND PROPOSED DISPOSITION OF THE
CASE 73
8.19.01 FILING
DATE .............................................................................................................................. 73
8.19.02 CONTENTS .................................................................................................................................. 73
8.19.03 MANDATORY
SETTLEMENT CONFERENCES IN FAMILY LAW CASES ......................... 75
8.20.00 CONTESTED
TRIALS ................................................................................................................. 75
8.20.01 TRIAL
SETTING ......................................................................................................................... 75
8.20.02 POST
TRIAL JUDGMENT ...................................................................................................... 7675
8.20.03 TRIAL EXHIBITS ........................................................................................................................ 76
8.20.04 LONG
CAUSE CONTESTED HEARINGS AND TRIAL BRIEFS ........................................ 7776
8.20.05 MOTIONS IN LIMINE ................................................................................................................. 77
8.20.06 COURT
REPORTER FEES .......................................................................................................... 77
8.21.00 DEFAULT
OR UNCONTESTED JUDGMENT .......................................................................... 77
8.21.01 HEARING ..................................................................................................................................... 77
8.21.02 FORMAT
OF JUDGMENT .......................................................................................................... 77
8.21.03 UNCONTESTED
JUDGMENTS GRANTED IN OPEN COURT ............................................... 78
8.22.00 CONTENTS
OF JUDGMENT ...................................................................................................... 78
8.22.01 CUSTODY
AND VISITATION ................................................................................................... 78
8.22.02 CHILD
SUPPORT ........................................................................................................................ 78
8.22.03 SPOUSAL
SUPPORT ................................................................................................................... 79
8.22.04 RESTRAINING
ORDERS ........................................................................................................... 79
8.22.05 DIVISION
OF COMMUNITY PROPERTY ................................................................................ 79
8.23.00 APPOINTMENT
OF COUNSEL FOR CHILD(REN) ................................................................. 79
8.23.01 EDUCATION
AND EXPERIENCE REQUIREMENTS ............................................................. 79
8.23.02 RIGHTS
AND RESPONSIBILITIES OF APPOINTED COUNSEL FOR A CHILD .............. 8180
8.24.00 TITLE IV-D CASES (DISTRICT ATTORNEY – FAMILY SUPPORT DIVISION) .................. 81
8.24.01 DEFINITIONS .............................................................................................................................. 81
8.24.02 COMMISSIONER
AND TITLE IV-D CASES ............................................................................ 81
LOCAL RULES – EL DORADO COUNTY
vi
Revised January 1, 2015
8.24.03 POWERS OF COMMISSIONER IN TITLE IV-D CASES .......................................................... 81
8.24.04 CONTESTED
CUSTODY AND/OR VISITATION ISSUES RAISED IN TITLE IV-D CASES 81
8.25.00 FAMILY
LAW FACILITATORS ................................................................................................ 81
8.25.01 OFFICE
OF FAMILY LAW FACILITATOR .............................................................................. 81
8.25.02 FACILITATOR
SERVICES ......................................................................................................... 81
8.25.03 ADDITIONAL
DUTIES OF THE FAMILY LAW FACILITATOR ....................................... 8281
8.25.04 COMPLAINT PROCEDURE FOR FAMILY LAW FACILITATOR ..................................... 8382
8.26.00 ACCESS TO COURT HEARINGS .............................................................................................. 83
8.26.01 ACCESS
TO CERTAIN FAMILY LAW FILES .......................................................................... 83
8.27.00 FAMILY
CENTERED CASE RESOLUTION PROCESS ........................................................... 83
8.27.01 AUTHORITY ............................................................................................................................... 83
8.27.02 APPLICABILITY ......................................................................................................................... 83
8.27.03 STATUS
CONFERENCE ............................................................................................................. 83
8.27.04 ATTENDANCE
AT STATUS CONFERENCE ........................................................................... 84
8.27.05 STATUS
CONFERENCE AND COURT’S ROLE ...................................................................... 84
9.00.00 ADOPTION PROCEEDINGS ....................................................................................................... 85
9.00.01 ADOPTION
HEARINGS ............................................................................................................. 85
9.00.02 ACCESS
TO ADOPTION FILES ................................................................................................. 85
10.00.00 PROBATE PROCEEDINGS ..................................................................................................... 86
10.00.01 PROBATE
CALENDAR AND TENTATIVE RULING SYSTEM ............................................. 86
10.00.02 FILING
OBJECTIONS OR CONTINUANCES ........................................................................... 87
10.00.03 CONTINUANCES ........................................................................................................................ 87
10.00.04 MATTERS
REQUIRING APPEARANCES ................................................................................ 87
10.00.05 PREPARATION
OF ORDERS ................................................................................................. 8887
10.00.07 PROOF OF ROUTINE MATTERS .............................................................................................. 88
10.00.08 WAIVER
OF RULE ...................................................................................................................... 88
10.01.00 NOTICES ...................................................................................................................................... 88
10.01.01 PROBATE
HEARING ONCE NOTICED CANNOT BE ADVANCED ..................................... 88
10.01.02 REQUIREMENTS
FOR GIVING NOTICE OF PROCEEDINGS IN THE PROBATE COURT 88
10.01.03 SUBSTITUTED
SERVICE .......................................................................................................... 88
10.01.04 ADDITIONAL
NOTICE IN COURT’S DISCRETION ............................................................... 88
10.02.00 APPOINTMENT
OF EXECUTORS AND ADMINISTRATORS ............................................... 89
10.02.01 SPECIAL
LETTERS, NOTICE, AND APPOINTMENT ............................................................. 89
10.02.02 CORPORATE
AND INDIVIDUAL CO-REPRESENTATIVES ................................................. 89
10.02.03 AMOUNT
OF BOND ................................................................................................................... 89
10.02.04 DEPOSIT
OF PERSONAL PROPERTY FOR REDUCTION OF BOND ................................... 89
10.02.05 MULTIPLE
REPRESENTATIVES .............................................................................................. 89
10.02.06 PROOF
OF WILLS BY AFFIDAVIT OR DECLARATION ................................................... 9089
10.02.07 PETITION FOR LETTERS WHERE BOND IS REQUIRED ...................................................... 90
10.02.08 LISTING
HEIRS, DEVISEES, EXECUTORS, AND FIDUCIARIES IN PETITIONS ............... 90
10.02.09 AGE,
ADDRESS, AND RELATIONSHIP ................................................................................... 90
10.02.10 INFORMATION
REQUIRED OF PERSONAL REPRESENTATIVES UPON
ACKNOWLEDGEMENT OF DUTIES ......................................................................................................... 91
10.03.00 MOTIONS,
PETITIONS, AND ORDERS.................................................................................... 91
10.03.01 CAPTIONS ................................................................................................................................... 91
10.03.02 PETITION
TO SUPPORT EX PARTE ORDER .......................................................................... 91
10.03.03 ORDERS
TO BE COMPLETE IN THEMSELVES ..................................................................... 91
10.03.04 NUNC
PRO TUNC ORDERS CORRECTING CLERICAL ERRORS ........................................ 91
10.03.05 WITHDRAWAL
OF ATTORNEY OF RECORD ........................................................................ 92
10.03.06 ESCHEAT
PETITIONS ................................................................................................................ 92
10.03.07 LODGING
OF ORIGINAL WILL AND PROOF IN SUMMARY PROCEEDINGS .................. 92
10.04.00 CREDITORS’
CLAIMS ........................................................................................................... 9392
LOCAL RULES – EL DORADO COUNTY
vii
Revised January 1, 2015
10.04.01 CLAIMS OF EXECUTORS AND ADMINISTRATORS FOR PERSONAL SERVICES .......... 93
10.04.02 APPROVAL
OF FUNERAL CLAIMS ......................................................................................... 93
10.04.03 PROOF
OF SERVICE ON REJECTED CLAIMS ........................................................................ 93
10.05.00 SALES .......................................................................................................................................... 93
10.05.01 BROKER’S
COMMISSION ON SALE OF REAL PROPERTY ................................................. 93
10.05.02 LISTING
AGREEMENT .............................................................................................................. 93
10.05.03 NOTICE
AND HEARING ON CONFIRMATION OF SALE OF REAL PROPERTY ........... 9493
10.06.00 – 10.06.99 RESERVED FOR FUTURE USE ................................................................................... 94
10.07.00 ACCOUNTS,
FEES, AND DISTRIBUTION ............................................................................... 94
10.07.01 INVESTMENT
PERFORMANCE INFORMATION .................................................................. 94
10.07.02 WAIVER
OF ACCOUNT (DECEDENT’S ESTATES) ............................................................... 94
10.07.03 COMPENSATION
MUST BE STATED...................................................................................... 94
10.07.04 ALLOWANCE
ON ACCOUNT OF COMPENSATION ............................................................. 95
10.07.05 FEES
OR COMMISSIONS TAKEN IN ADVANCE ................................................................... 95
10.07.06 COSTS ...................................................................................................................................... 96
95
10.07.07 DESCRIPTION OF PROPERTY DISTRIBUTED ....................................................................... 96
10.07.08 PETITION
TO INCLUDE PROPOSED DISTRIBUTION .......................................................... 96
10.07.09 AGREEMENTS
FOR DISTRIBUTION ....................................................................................... 96
10.07.10 DISTRIBUTION
TO MINORS .................................................................................................... 96
10.07.11 DOCUMENTS
TO BE ON FILE BEFORE HEARING FOR DISTRIBUTION .......................... 96
10.07.12 PETITION
FOR FINAL DISTRIBUTION ................................................................................... 97
10.07.13 SPOUSAL
PROPERTY ELECTION ........................................................................................... 97
10.08.00 JOINT
TENANCIES AND LIFE ESTATES ............................................................................ 9897
10.08.01 PROCEEDINGS MUST BE IN NAME OF DECEDENT ........................................................ 9897
10.08.02 SEPARATE PETITION PREFERRED ........................................................................................ 98
10.09.00 GUARDIANSHIPS
AND CONSERVATORSHIPS – GENERAL PROVISIONS ..................... 98
10.09.01 APPOINTMENT
OF TEMPORARY GUARDIAN OR CONSERVATOR................................. 98
10.09.02 GUARDIAN’S
AND CONSERVATOR’S BONDS .................................................................... 98
10.09.03 ALLOWANCE
OF FEES IN GUARDIANSHIPS OR CONSERVATORSHIPS ........................ 99
10.09.04 INVESTMENT
BY GUARDIAN OR CONSERVATOR ............................................................ 99
10.09.05 INVESTMENT
PERFORMANCE REPORT ............................................................................... 99
10.09.06 WAIVER
OF ACCOUNT ....................................................................................................... 10099
10.09.07 ADDITIONAL POWERS ........................................................................................................... 100
10.09.08 ACCOUNTS ............................................................................................................................... 100
10.09.09 IDENTIFYING
NUMBERS ....................................................................................................... 100
10.09.10 VERIFIED
DUTIES OF CONSERVATOR AND ACKNOWLE DGEMENT ........................... 100
10.10.00 GUARDIANSHIPS
OF MINORS ........................................................................................ 101100
10.10.01 APPOINTMENT OF GUARDIAN OF MINOR......................................................................... 101
10.10.02 HEARING
ON PETITION FOR APPOINTMENT OF GUARDIAN OF NON-RELATIVE
MINOR 101
10.10.03 EFFECT
OF OTHER PROCEEDINGS ...................................................................................... 101
10.10.04 DUTIES
OF GUARDIAN – SUPPORT BY PARENTS ............................................................ 101
10.10.05 FINAL
ACCOUNT AND REPORT ........................................................................................... 101
10.10.06 PROCEEDINGS
UNDER PROBATE CODE SECTION 3410, ET SEQ. .................................. 102
10.10.07 COSTS
OF INVESTIGATIONS ................................................................................................ 102
10.11.00 CONSERVATORSHIPS ............................................................................................................ 102
10.11.01 APPOINTMENT
OF CONSERVATOR .................................................................................... 102
10.11.02 PLACING
PETITION ON CALENDAR ................................................................................... 103
10.11.03 TERMINATION
OF CONSERVATORSHIP ............................................................................ 103
10.11.04 FINAL
ACCOUNT OR REPORT .............................................................................................. 103
10.11.05 SALE
OF CONSERVATEE'S RESIDENCE ....................................................................... 104103
10.11.06 CONFIDENTIAL REPORTS, SUPPLEMENTS, OR PLANS ................................................... 104
10.12.00
– 10.22.01 RESERVED FOR FUTURE USE ................................................................................. 104
10.13.00 TRUSTS
SUBJECT TO CONTINUING COURT JURISDICTION .......................................... 104
LOCAL RULES – EL DORADO COUNTY
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10.13.01 IN GENERAL ............................................................................................................................. 104
10.13.02 PERIOD
OF ACCOUNT ............................................................................................................ 104
10.13.03 PRINCIPAL
AND INCOME ...................................................................................................... 104
10.13.04 REPORT
OF TRUSTEE ............................................................................................................. 104
10.14.00 COURT
APPOINTED COUNSEL IN GUARDIANSHIPS AND CONSERVATORSHIPS .... 105
10.14.01 INVESTIGATIVE
AND EXPERT FEES AND EXPENSES; COMPENSATION .................... 106
10.15.00 ACCESS
TO CERTAIN PROBATE FILES ............................................................................... 107
11.00.00 JUVENILE PROCEEDINGS .................................................................................................. 107
11.00.01 SESSIONS .................................................................................................................................. 107
11.00.02 RULES
OF PROCEDURE .......................................................................................................... 107
11.00.03 DISCLOSURE
OF RECORDS IN JUVENILE CASE FILE ...................................................... 107
11.00.04 AGENCY
REPRESENTATION .......................................................................................... 108107
11.00.05 PREHEARING DISCOVERY IN WELFARE AND INSTITUTIONS CODE SECTIONS 300,
601, AND 602 PROCEEDINGS .................................................................................................................... 108
11.00.06 THE
COURT APPOINTED SPECIAL ADVOCATE PROGRAM ........................................... 108
11.00.7 SERVICE
OF CASA REPORTS ................................................................................................ 110
11.00.08 RELEASE
OF INFORMATION TO CASA ADVOCATES ...................................................... 110
11.00.09 FAMILY
LAW ADVOCACY .................................................................................................... 110
11.00.10 CALENDAR
PRIORITY ............................................................................................................ 110
11.00.11 CASE
SELECTION PROCEDURE ..................................................................................... 111110
11.00.12 FINANCIAL DECLARATION .................................................................................................. 111
11.00.13 APPOINTMENT
OF PRIVATE ATTORNEYS ........................................................................ 111
11.00.14 INVESTIGATOR,
EXPERT FEES, EXPENSES IN JUVENILE COURT ................................ 117
11.00.15 DETENTION
HEARINGS IN SECTION 300 MATTERS ........................................................ 117
11.00.16 NON-DETENTION
HEARINGS ............................................................................................... 119
11.00.17 CONTESTED
JURISDICTIONAL/DISPOSITIONAL HEARINGS ........................................ 119
11.00.18 VISITATION .............................................................................................................................. 120
11.00.19 CONFIDENTIALITY
IN DEPENDENCY MATTERS ............................................................. 121
12.00.00 APPELLATE DEPARTMENT OF THE SUPERIOR COURT .......................................... 122
LIST OF EFFECTIVE/REVISED DATES .................................................................................................. 123
ALPHABETICAL
INDEX OF RULES ............................................................................................................ 135
LIST
OF LOCAL FORMS ................................................................................................................................ 145
LOCAL RULES – EL DORADO COUNTY
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Revised January 1, 2015
1.00.00 SCOPE OF RULES FOR THE SUPERIOR COURT
These Local Rules apply to the Superior Court of California, in and for the County of El Dorado.
(Revised July 1, 2014)
1.00.01 EFFECTIVE DATE OF RULES
These rules shall take effect on January 1, 2015.
(Revised January 1, 2015)
1.00.02 EFFECT OF RULES AND CITATION TO RULES
These rules shall be known and cited as “Local Rules of the El Dorado County Superior Court.”
These rules supersede all local court rules previously adopted.
(Revised July 1, 2014)
1.00.03 CONSTRUCTION AND APPLICATION OF RULES
These rules shall be construed and applied in such a manner as to not conflict with the California Rules
of Court and shall be liberally construed to serve the proper and efficient administration of justice in the
Superior Court of El Dorado County.
The civil rules shall apply to all probate and unlawful detainer matters, except where time limits are
otherwise prescribed by law.
These rules do not apply to small claims division actions or proceedings, unless the text of specific rules
otherwise indicates.
The CEO of the Superior Court, as court clerk, shall be the official publisher of these rules and shall
maintain a set of the rules in the clerk’s office of each court for public inspection. Copies shall be made
available for sale at a reasonable fee.
(Revised January 1, 1999)
1.00.04 DEFINITION OF WORDS USED IN THESE RULES
A. The word “court” shall mean the Superior Court in and for the County of El Dorado, as well as
all branches and departments of the court. It shall further include any judge, commissioner, or
judge pro tempore, who is a duly elected or appointed member of a trial court in this county, and
any judge, commissioner, or judge pro tempore, including retired judges, who shall be assigned
to a trial court in this county by the chairperson of the Judicial Council.
B. The word “person” shall include and apply to corporations, firms, associations, and all other
entities, as well as to natural persons.
C. The word “affidavit” includes declarations and “declaration” includes affidavits.
D. The word “judgment” includes and applies to any judgment, and to any order or decree from
which an appeal may lie.
E. The use of the masculine, feminine, and neuter gender terms shall include the other genders.
(Revised January 1, 1999)
LOCAL RULES – EL DORADO COUNTY
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Revised January 1, 2015
1.00.05 AMENDMENT, ADDITION, OR REPEAL OF RULES
These rules may be amended or repealed, and new rules may be added, by a majority vote of the judges
of the Superior Court.
(Revised January 1, 1999)
2.00.00 COURT OF ORIGINAL PROCEEDINGS
The Court of Original Proceedings, as defined in the California Constitution, Article 6, section 10, and
applicable statutes, has jurisdiction of all adjudicative proceedings.
(Effective January 1, 1994)
2.00.01 SUPERVISION OF COURT BUSINESS
A. The business of the Superior Court shall be supervised by the executive committee, which shall
consist of the presiding judge, the assistant presiding judge, the court executive officer, and the
assistant court executive officer.
B. The presiding judge, the assistant presiding judge, and the presiding judge of the juvenile court
shall be selected by July 1 by a majority of the judges of the court, and shall serve for a 2 year
term beginning January 1. The presiding judge, the assistant presiding judge, and the presiding
judge of the juvenile court may be elected for additional terms. The grand jury judge shall be
selected in January but shall serve a term beginning July l and continuing to June 30 of the
following year.
C. Each branch court shall have a supervising judge who shall be appointed by the presiding judge.
If only one judge regularly sits in a particular branch, that judge shall be designated the
supervising judge.
D. Judges’ meetings shall be held monthly, or as otherwise determined by vote of the judges. The
executive committee is authorized to decide routine or noncontroversial matters in the event a
monthly judges’ meeting is not held.
(Revised July 1, 2013)
2.00.02 DUTIES OF THE PRESIDING JUDGE
A. The presiding judge of the court shall perform the duties specified in California Rules of Court,
rule 10.603. In performing those duties, the presiding judge shall be guided by the Standards of
Judicial Administration set forth in the California Rules of Court.
B. In accordance with the policies of the court and as authorized by California Rules of Court, rule
10.605, an executive committee may be established by the court to advise the presiding judge or
to establish policies and procedures for the internal management of the court. An executive
committee may be appointed by the presiding judge to advise the presiding judge.
C. For purposes of California Rules of Court, rule 10.603(c)(2)(H) (defining “vacation day”): An
absence of four consecutive hours in the morning (8:00 – 12:00) or afternoon (1:00 – 5:00) is
vacation time of half a day. An absence of eight consecutive hours is one full day of vacation.
Time off for dental and medical visits and for illness will not be charged as vacation time.
(Revised July 1, 2013)
2.00.03 ASSISTANT PRESIDING JUDGE
If at any time the presiding judge shall be absent, ill, on vacation, or otherwise unable to perform his or
LOCAL RULES – EL DORADO COUNTY
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Revised January 1, 2015
her duties, the assistant presiding judge shall perform all the duties and exercise the authority of the
presiding judge.
If at any time during the term of office both the presiding judge and the acting presiding judge are
unavailable because of illness, vacation, or other cause, the senior judge, or other judge as designated by
the presiding judge, shall serve as assistant presiding judge during the period of unavailability.
(Effective January 1, 1994)
2.00.04 CEO OF THE SUPERIOR COURT
The CEO of the Superior Court shall also serve as clerk of the court. The CEO of the Superior Court has
ultimate responsibility, under the supervision of the presiding judge, for the planning, organizing, and
directing the non-judicial activities of the court, and shall perform the duties specified in California
Rules of Court, rule 10.610 and in the job description as approved by the court from time to time.
The CEO of the Superior Court serves at the pleasure of the court and is appointed by the elected
members of the county judiciary by a simple majority vote.
(Revised July 1, 2012)
2.00.05 COURT COMMISSIONERS AND JUDGES PRO TEMPORE
Court commissioners for the court may be appointed by, and shall serve at the pleasure of, a majority of
its judges, and under the control and supervision of the presiding judge. Within the jurisdiction of each
court and under the direction of its judges, court commissioners shall exercise all the powers and
perform all the duties authorized by law to be performed by commissioners of the appointing court, and
such additional powers and duties as may be prescribed by law.
At the direction of the judges of the Superior Court, commissioners may have the same jurisdiction and
exercise the same powers and duties as the judges of the appointing court, and with the consent of the
parties, where required by law, may hear any other action as a judge pro tempore.
Temporary judges shall be appointed for the court in accordance with the California Rules of Court, rule
2.830. Temporary judges serve under the control and direction of the presiding judge and shall hear
matters as assigned by the presiding judge.
(Revised July 1, 2011)
2.00.06 COMPLAINTS AGAINST COMMISSIONERS, REFEREES, AND
JUDGES PRO TEMPORE
Complaints about the conduct of a subordinate judicial officer or judge pro tempore will be processed in
accordance with the procedures set forth in California Rules of Court, rule 10.703.
A person having a complaint regarding the professional conduct of and/or procedures employed by a
subordinate judicial officer or judge pro tempore shall make the complaint in writing to the presiding
judge. Persons who are unable to file a written complaint because of a disability may present an oral
complaint, which the presiding judge must commit to writing. The presiding judge, or another judge
designated by the presiding judge, will conduct an investigation of the matter, which may include
consultation with the judge pro tempore or subordinate judicial officer. Within 90 days of receipt, the
complainant will be informed in writing of the results of the investigation.
(Revised July 1, 2013)
LOCAL RULES – EL DORADO COUNTY
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Revised January 1, 2015
2.00.07 RECORD OF PROCEEDINGS
Court reporters shall be available for all hearings in any calendared matter, except no court reporter is
provided or an official record of proceedings made in traffic, small claims and limited unlawful detainer
proceedings. Court reporters will not be available for ex parte determinations. In all matters in which the
court does not provide a court reporter, one or more parties may elect to have a reporter present;
however, the reporter shall be obtained by and at the expense of one or more parties.
The court may tape or otherwise electronically record any hearing or proceeding for its internal use; any
such tape recording or other electronic recording shall not constitute an official record of the proceeding
recorded and is not available to the public.
In Superior Court, there shall be a court reporter fee as set in the court’s Uniform Civil Fee Schedule. All
parties shall provide, and post, court reporter fees pursuant to Government Code section 68086. Fees
for proceedings lasting less than one hour shall be posted by the moving party at the time of filing.
Fees for proceedings lasting more than one hour, including trials, shall be posted as directed by the
court or at the beginning of any long cause hearing or trial. Failure to provide, and post court reporter
fees pursuant to statute and these rules, shall be cause for the hearing or trial to be postponed or
continued at the discretion of the court. The court may award attorney’s fees and/or sanctions against
the non-complying party.
(Revised January 1, 2013)
2.00.08 LOCATION AND SCHEDULE OF COURT SESSIONS
A. LOCATION
(1) On the Western Slope of the County, sessions of the court may be held in the courtrooms
provided in the El Dorado County Courthouse, 495 Main Street, Placerville, CA;
Placerville Superior Court, 2850 Fairlane Court, Placerville, CA; Cameron Park Superior
Court, 3321 Cameron Park Drive, Cameron Park, CA. El Dorado County Courthouse,
295 Fair Lane, Placerville, CA. Traffic proceedings are heard at the court facility located
at 295 Fair Lane, Placerville, CA. Small Claims and Unlawful Detainer proceedings are
heard at the court facility located at Cameron Park Superior Court, 3321 Cameron Park
Dr., Cameron Park, CA.
(2) In the City of South Lake Tahoe, all sessions of the Superior Court, including traffic and
small claims, are held in the El Dorado County Courthouse, 1354 Johnson Blvd., South
Lake Tahoe, CA.
(3) In addition, the court may conduct sessions at any appropriate location within the County
of El Dorado at the direction of the judicial officer presiding at the hearing.
(Revised July 1, 2012)
B. The Courts take judicial notice of the last preceding census, taken under the authority of the
Congress of the United States, that the population of the City of South Lake Tahoe in the County
of El Dorado exceeds 7,000, and the City Hall in the City of South Lake Tahoe is more than 30
miles from the courthouse. Therefore, pursuant to the provisions of the Government Code
section 69751.5, it is declared that a session of the Superior Court of the State of California, for
the County of El Dorado, shall be held in the City of South Lake Tahoe to serve the convenience
of the residents of the County and to promote the ends of justice.
C. For the convenience of the courts, there is hereby designated a portion of the County of El
Dorado, to be known as the South Lake Tahoe Area.
LOCAL RULES – EL DORADO COUNTY
5
Revised January 1, 2015
The South Lake Tahoe Area is legally described as follows:
Commencing at a point on the North section line of Section 35, Township 14 North, Range 14
East and the centerline of Barts Creek, said point being also on the El Dorado-Placer County
line; thence Southerly along the centerline of Barts Creek to its intersection with the centerline of
Gerle Creek; then Southerly along the centerline of Gerle Creek to a point on the centerline of
Wentworth Springs Road; thence Southerly along the centerline of Wentworth Springs Road to
its intersection with the centerline of Icehouse Road; thence Southerly along the centerline of
Icehouse Road to the East-West centerline of Section 13, Township 12 North, Range 14 East;
then East along the centerline of said Section 13, and Sections 18, 17, 16, 15 and 14, Township
12 North, Range 15 East to the East section line of said Section 14; then South along the East
line of Section 14, Township 12 North, Range 15 East to the West corner of Section 18 of
Township 12 North, Range 16 East; thence East along the South lines of Sections 18, 17, 16, 15,
14 and 13 of Township 12 North, Range 16 East and the South lines of Sections 18 and 17 of
Township 12 North, Range 17 East to the Southeast corner of said Section 17; thence South
along the West lines of Sections 22, 28 and 33 of Township 12 North and Range 17 East and the
West lines of Sections 4, 9, 16, 21 and 28, Township 11 North, Range 17 East, to the Southeast
corner of said Section 28; thence West along the North line of Sections 5 and 6 to the Northwest
corner of Section 6, Township 10 North, Range 17 East; thence South along the West lines of
Township 10 North, Range 17 East and Township 9 North, Range 17 East to intersection with
the El Dorado-Amador County line; thence Northeasterly along said county line to its
intersection with the California-Nevada State Line; thence Northerly and Westerly along the El
Dorado County line to the point of beginning. All Townships and Ranges are within the Mount
Diablo Meridian.
D. The following actions or proceedings may be heard in the South Lake Tahoe Session:
(1) All jury actions or proceedings wherein the subject matter arises in the South Lake Tahoe
area.
(2) All non-jury actions or proceedings wherein the subject matters arise in the South Lake
Tahoe area.
(3) All non-jury actions or proceedings involving title to or possession of real property
located in said area in whole or in part.
(4) Proceedings for probate of an estate, termination of a life estate or joint tenancy and
guardianship, wherein residence is established in said area.
(5) All juvenile actions where the subject matter arises in the South Lake Tahoe area.
(6) Any action or proceeding may, for good cause, be transferred from the South Lake Tahoe
Session to the Session at the County Seat, or vice versa, on motion of any party or the
Courts.
(Revised July 1, 2011)
2.00.09 TRANSFERRING CASES BETWEEN PLACERVILLE AND
SOUTH LAKE TAHOE SESSIONS
A. Transfers shall be handled with regard for the present statutory requirements concerning cases
LOCAL RULES – EL DORADO COUNTY
6
Revised January 1, 2015
entitled to preference. Cases may only be transferred with the specific consent of the presiding
judge.
B. If a case has been venued in the Placerville session, all filings in that case must be made in
Placerville only.
(1) If a case has been venued in the South Lake Tahoe Session, all filings in that case must
be made in South Lake Tahoe only.
C. The judge in the receiving court shall be the authority on whether a transfer is to take place.
Before a case may be transferred, the judge in the receiving court must be consulted as to the
cases pending in that court on the date in question.
D. If the judge in the transferring court disagrees with the judge of the receiving court’s decision,
the presiding judge shall rule as to:
(1) Whether the case shall be transferred;
(2) Whether it shall take precedence over the cases then pending in the receiving court; and
(3) Whether the case being transferred, if it is not to be heard during the trial week it was set
for in the transferring court, shall be given precedence over the cases pending in the
receiving court.
E. The judge in the receiving court shall have full authority over the case once transferred and any
change in trial status or reported settlement shall be made through the receiving court.
F. The judge of the transferring court shall notify counsel of the transfer immediately, and shall
advise counsel that all further communications and inquiries concerning the case should be made
to the judge of the receiving court assigned to try the case or the calendar clerk of that court.
G. The presiding judge may transfer any case between the 2 sessions for reasons of court
convenience, including the availability of a courtroom, the availability of a judicial officer, or for
other reasons promoting judicial efficiency as determined by the presiding judge.
(Effective January 1, 2006)
2.00.10 JUDICIAL ASSIGNMENTS: PLACERVILLE SESSION
A. All Western Slope civil filings subject to the provisions of the Trial Court Delay Reduction Act
(rule 7.12.00, et seq., of these Local Rules), writs of mandate or prohibition, civil harassment
restraining orders, and small claims appeals shall be filed at 3321 Cameron Park Dr., Cameron
Park, CA 95682. All of the mentioned filings shall be automatically assigned to Judge Warren C.
Stracener for all purposes. This assignment shall apply to all pretrial matters and trial.
B. All criminal filings, including violation of probation cases in which she was the sentencing
judge, shall be automatically assigned to Judge Dylan Sullivan for arraignment and pretrial
proceedings. Subsequent to the initial assignment, Judge Sullivan may, in her discretion, assign
any odd numbered cases to Judge James R. Wagoner for all purposes and all even numbered
cases to Judge Kenneth J. Melikian for all purposes. This assignment shall apply to any pretrial
matters and trial.
LOCAL RULES – EL DORADO COUNTY
7
Revised January 1, 2015
C. All delinquency filings, pursuant to Welfare and Institutions Code section 602, et seq., shall
automatically be assigned upon filing to Judge Nelson K. Brooks for all purposes. This
assignment shall apply to all pretrial matters and trial.
D. All dependency filings, pursuant to Welfare and Institutions Code section 300, et seq., shall
automatically be assigned upon filing to Judge Nelson K. Brooks for all purposes. This
assignment shall apply to all pretrial matters and trial.
E. All domestic violence restraining orders and subsequent proceedings pertaining thereto shall be
automatically assigned upon filing to Judge Vicki Ashworth.
F. All family law cases shall automatically be assigned upon filing to Judge Vicki Ashworth for all
purposes.
G. All probate, guardianship, and conservatorship cases shall automatically be assigned upon filing
to Judge Nelson K. Brooks for all purposes.
H. Judicial assignments may be modified by administrative order of the presiding judge. Any such
administrative order modifying assignments will be appended to the Local Rules and posted on
the court’s website.
(Revised January 1, 2015)
2.00.11 JUDICIAL ASSIGNMENTS: SOUTH LAKE TAHOE SESSION
A. All civil filings subject to the provisions of the Trial Court Delay Reduction Act (rule 7.12.00, et
seq., of these Local Rules) and probate filings in the South Lake Tahoe Session shall be
automatically assigned upon filing to Judge Steven C. Bailey, department 4, for all purposes.
This assignment shall apply to all pretrial matters and trial.
B. For all criminal filings, all felony drug cases shall be automatically assigned upon filing to Judge
Steven C. Bailey, department 4, for all purposes. All other filings shall be automatically assigned
to Judge Suzanne N. Kingsbury, department 3, for all purposes. This assignment shall apply to
all pretrial matters and trial.
C. For all delinquency filings, pursuant to Welfare and Institutions Code section 600, et seq., all
cases shall be automatically assigned upon filing to Judge Steven C. Bailey for all purposes. This
assignment shall apply to all pretrial matters and trial.
D. All family law cases, and all juvenile dependency cases, pursuant to Welfare and Institutions
Code section 300, et seq., shall automatically be assigned upon filing to the Court Commissioner
for all purposes. This assignment shall apply to all pretrial matters and trial.
(Revised January 1, 2015)
E. Judicial assignments may be modified by administrative order of the presiding judge. Any such
administrative order modifying assignments will be appended to the Local Rules and posted on
the court’s website.
(Revised July 1, 2014)
LOCAL RULES – EL DORADO COUNTY
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Revised January 1, 2015
2.00.12 DUTY JUDGE
A. Each of the judges shall serve 2 consecutive weeks as duty judge. Each 2 week period shall
commence on Friday at 5:00 p.m. and continue until the second Friday at 5:00 p.m. following the
date of commencement.
B. The judges shall annually designate which months each will be available to serve as duty judge,
and the presiding judge shall make assignments according to those designations. The judges shall
rotate the name of each judge assigned to each 2 week period so that each of the 6 judges shall
serve one, 2 week period in each 12 consecutive weeks. A duty judge unable to act will arrange
for a substitute and the pertinent agencies shall be so notified by the CEO of the Superior Court.
The presiding judge shall provide all relevant law enforcement and governmental agencies with a
copy of the judges’ annual duty judge schedule.
C. The duty judge shall be available by pager or telephone at all times. In the event the duty judge
cannot be reached, any judge may be contacted for off-hours judicial business.
D. The duty judge shall be responsible for accomplishing the following:
(1) Providing a ruling on all probable cause requests by law enforcement;
(2) Issuing oral domestic violence restraining orders;
(3) Executing written search warrants or, if because of distance such is not feasible, issuing
telephonic recorded search warrants;
(4) Issuing emergency authorization for medical treatment for dependency children and other
children if required. In the event medical treatment is required for children who have
been taken into custody by Child Protective Services, it shall be the responsibility of
Child Protective Services to contact the duty judge and set forth the nature of the
emergency, including:
a. Name and telephone number of the doctor who is to be contacted;
b. Nature of the illness;
c. Names of the foster parents and their telephone number;
d. Telephone number of the Child Protective Services social worker who will be monitoring
the matter;
e. A succinct statement as to the nature of the emergency which dictates the requested
authorization.
The duty judge shall then confirm directly with the doctor the nature of the emergency and the
fact that the procedure which is to be taken cannot be delayed until the next work day when the
dependency calendar commissioner or judge will be available. The duty judge shall then,
pursuant to the requirements of law, determine whether or not said authorization shall be given.
In the event of children who are not dependent children of the juvenile court or are not in the
custody of Child Protective Services, the duty judge shall follow the procedure as specified by
LOCAL RULES – EL DORADO COUNTY
9
Revised January 1, 2015
law, confirming the nature of the emergency procedure and the need for immediate operation,
and proceed, if necessary, by telephonic hearing.
(5) All other emergency requests by law enforcement, Child Protective Services, probation
department, or any other governmental entity or individual entitled to emergency
requests.
(Revised July 1, 2013)
2.00.13 HOLIDAYS
If any day on which an act is required by these rules to be done falls on a holiday, as defined in Code of
Civil Procedure section 134 and Government Code section 6700, the act may be performed on the next
succeeding court day after the holiday, with the same effect as if it had been performed on the required
day.
(Effective January 1, 1994)
2.00.14 ALCOHOLIC BEVERAGES
Open containers of alcoholic beverages are prohibited in all areas of the courthouse and may not be
brought into the courthouse unless the container and its contents are to be used as an exhibit in a court
proceeding.
(Effective July 1, 2010)
2.00.15 FIREARMS
No person, including correctional officers, governmental employees, deputy sheriffs, members of the
Highway Patrol, or other law enforcement representatives, other than a bailiff or person specifically
charged with the security of the court building, or as otherwise authorized by the judge, shall keep on his
or her person firearms or other weapons while in the court building and shall not bring any weapon into
the courtroom when the appearance is in a civil, family law, or probate matter.
(Revised, January 1, 1994)
2.00.16 COURT SECURITY: SEARCHES OF PERSONS AND PROPERTY
In order to maintain adequate physical security for court personnel, litigants, and the public, the
following procedures shall apply to all court facilities.
A. All courtrooms and exterior doors of the courthouse shall be posted with a sign that shall state
that all persons entering the courthouse or a courtroom are subject to search.
B. All persons entering the courthouse or a courtroom shall be subject to cursory search, including
searches of purses, parcels and other carried items at any time deemed warranted by court
security personnel or as directed by a judge of the court. “Cursory search” includes the use of
“pat down” searches, electronic metal detection, and visual inspection of the contents of any
purse, parcel, or carried item.
C. All persons entering a courtroom shall be subject to detailed search, including searches of purses,
parcels, or other carried items at any time authorized by the judge of the subject courtroom.
“Detailed search” shall include all of the means in the previous paragraph, plus such additional
measures as may be deemed warranted by the authorizing judge.
D. Conducting searches pursuant to this rule, court security personnel shall acknowledge the right of
a person to decline a search of their person or property, on condition that they immediately leave
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the courthouse. Such right to leave without being searched shall not apply to searches incident to
arrest or otherwise being taken into custody or any other circumstances authorized by law, which
permits searches without warrant. A person who refuses to submit to search and also refuses to
leave the courthouse may be subject to arrest for violation of Penal Code sections 148 and
166(a)(5).
E. Conducting searches as authorized by this rule, court security personnel, to the extent reasonably
practicable, shall conduct the searches with discretion and out of the general view of the public
and other court participants, including jurors. In exercising their discretion, court security
personnel may take into account such factors as the intrusiveness of the search, potential
disruption of court proceedings, officer safety and the security needs of the court.
F. Notwithstanding any of the foregoing provisions, upon good cause shown, a judge of the court
may order any method of search of persons or property deemed necessary on a case by case basis
to secure the safety of the courthouse, court personnel, litigants and the public.
(Effective January 1, 1994)
2.00.17 USE OF ELECTRONIC DEVICES IN THE COURTROOM
This rule has been developed for the protection of all parties to ensure the secure and efficient
handling of cases and events in all court facilities of the Superior Court, County of El Dorado. No
filming, photography or electronic recording, including by way of smartphone or computer tablet, is
permitted in the court facilities except as permitted in the courtroom consistent with California Rules
of Court, rule 1.150 and this rule, or as permitted as a reasonable accommodation for a person with a
disability consistent with California Rules of Court, rule 1.100.
A. Media requests for coverage for any type of video, still photography or audio coverage,
including pool cameras, must be made in compliance with California Rules of Court, rule
1.150(e)(1) and submitted to the judicial officer assigned to hear the case on Judicial Council
Forms MC-500, Media Request to Photograph, Record or Broadcast and MC-510, Order on
Media Request to Permit Coverage. A copy of the request must also be submitted to the
court’s Public Information Office.
B. Videotaping, photographing, or electronic recording by the media and general public is not
permitted in any part of the court, including, but not limited to lobby areas, halls, stairs, and
elevators.
C. Videotaping, photographing or electronic recording devices must be turned off, while
transporting them in any area of the court.
D. All audible electronic devices must be turned off when they are in courtrooms.
E. Any photography of the interior of a courtroom through glass door windows or from the lobby
area through open doors is prohibited.
F. The use of photographic equipment or audio recording or transmission equipment in any jury
assembly area or juror deliberation room, through a window into such rooms, or into any such
rooms from any vantage point outside of such rooms is prohibited without advance
permission of the presiding judge or his/her designee.
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G. Photographing, videotaping, filming, and electronic recording of anyone wearing a juror
badge anywhere inside a courthouse is prohibited. Photographing, videotaping, filming, and
electronic recording or anyone standing in line awaiting entry into a jury assembly area is also
prohibited.
H. Photographing, videotaping, filming, and electronic recording of anyone involved in any case,
including litigants, witnesses, and spectators, anywhere inside a courthouse is prohibited.
Nothing in this rule shall be read to prohibit photography associated with weddings as long as
persons who are prohibited from being photographed in this rule are not depicted in such
photos.
I. Unless specifically authorized by the judge, no computer, laptop, computer tablet, wireless
device, cell phone or other electronic devices may be used or accessed within any courtroom
by counsel or any member of the public.
J. Photography, video and electronic recording equipment used in violation of this rule is subject
to confiscation and search. Any person who violates this rule may be subject to criminal or
civil prosecution under Code of Civil Procedure section 177.5; Penal Code section 632; Penal
Code section 166(a)(1); California Rules of Court, rule 1.150(f).
(Revised July 1, 2014)
3.00.00 JURIES AND JURY SERVICE
(Effective January 1, 1994)
3.00.01 COMMON JURY PANEL
A. Any court in either the South Lake Tahoe area or the Western Slope area may use a jury panel
summoned by another court in the same area.
B. Venire persons for trial juries in El Dorado County shall be summoned from the supervisorial
district which is geographically proximate to the court within which the trial shall be held, as
well as from residents of other immediately adjacent supervisorial districts, or portions thereof,
as may be determined by the jury commissioner. In the interest of justice, the court may order a
countywide venire.
C. When a countywide venire is utilized, a prospective juror shall have the option of selecting
whether he or she wishes to serve in the South Lake Tahoe or Placerville Session of court. Such
selection shall, in the ordinary case, be determined by the mileage between the Juror’s residence
and the City of Placerville or the City of South Lake Tahoe.
(Revised, January 1, 1994)
3.00.02 DEMAND FOR JURY IN CIVIL ACTION; PAYMENT OF FEES
Demand for jury in civil actions and payment of jury fees shall be pursuant to Code of Civil Procedure
section 631, et seq.
(Revised July 1, 2013)
3.00.03 DUTY OF CITIZENSHIP
Jury service, unless excused by law, is a responsibility of citizenship. The court and its staff should
employ all necessary and appropriate means to assure that citizens fulfill this important civic
responsibility.
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(Effective January 1, 1994)
3.00.04 REQUESTS TO BE EXCUSED
All requests to be excused from jury service that are granted for undue hardship shall be in writing from
the prospective juror, or placed on the court’s record. The prospective juror shall support the request
with facts specifying the hardship and a statement why the circumstances constituting the undue
hardship cannot be avoided by deferring the prospective juror’s service.
(Effective January 1, 1994)
3.00.05 GROUNDS CONSTITUTING UNDUE HARDSHIP
A. An excuse on the ground of undue hardship may be granted for any of the following reasons:
(1) The prospective juror has no reasonably available means of public or private
transportation;
(2) The prospective juror must travel a distance exceeding one and one-half hours from the
prospective juror’s home;
(3) The prospective juror will bear an extreme financial burden;
B. In determining whether to excuse the prospective juror, consideration should be given to:
(1) The source of the prospective juror’s household income;
(2) The availability and extent of income reimbursement;
(3) The expected length of service; and
(4) Whether service can reasonably be expected to compromise that person’s ability to
support himself or herself or his or her dependents, or so disrupt the economic stability of
any individual as to be against the interests of justice.
C. The prospective juror will bear an undue risk of material injury to or destruction of property of
the prospective juror, where it is not feasible to make alternative arrangements to alleviate the
risk. In determining whether to excuse the prospective juror, consideration shall be given to:
(1) The nature of the property;
(2) The source and duration of the risk;
(3) The probability that the risk will be realized;
(4) The reason why alternative arrangements to protect the property cannot be made; and
(5) Whether material injury to or destruction of the property will so disrupt the economic
stability of any individual as to be against the interests of justice.
D. The prospective juror has a physical or mental disability or impairment, not affecting that
person’s competence to act as a juror, which would expose the potential juror to undue risk of
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mental or physical harm. In an individual case, except where the person is aged 70 years or older,
the prospective juror must furnish verification or a method of verification of the disability or
impairment, its probable duration, and the particular reasons for the person’s inability to serve as
a juror.
E. The prospective juror’s services are immediately needed for the protection of the public health
and safety, and it is not feasible to make alternative arrangements to relieve the person of these
responsibilities during the period of service as a juror without substantially reducing essential
public services.
F. The prospective juror has a personal obligation to provide actual and necessary care to another,
including sick, aged, or infirm dependents, or a child who requires the prospective juror’s
personal care and attention, and no comparable substitute care is either available or practical
without imposing an undue economic hardship on the prospective juror or the person cared for.
Where the request to be excused is based on care provided to a sick, disabled, or infirm person,
the prospective juror may be required to furnish verification or a method of verification that the
person being cared for is in need of regular and personal care.
(Revised January 1, 2012)
3.00.06 PRIOR JURY SERVICE
A prospective juror who served on a grand or trial jury or was summoned and appeared for jury service
in any state or federal court during the immediately preceding 12 months, shall be excused from jury
service on request for a period of 1 year from the date of that jury service. This rule does not apply to the
South Lake Tahoe jury service requirement where a juror may be called to appear more than one time
within a one-year period.
(Revised July 1, 2012)
3.00.07 PERSONS QUALIFIED TO SERVE AS JURORS
The following persons are qualified to serve as jurors:
A. A citizen of the United States;
B. At least 18 years of age;
C. A resident of the County of El Dorado; and
D. Able to understand, read, and speak the English language.
(Effective January 1, 1994)
3.00.08 PERSONS DISQUALIFIED FROM JURY SERVICE
The following persons are disqualified from jury service:
A. Persons who do not possess the above qualifications;
B. Have been convicted of a felony and whose civil rights have not been restored, malfeasance in
office or other high crime;
C. Persons presently serving as a Grand Juror in any state or federal court;
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D. A person is exempt from jury service, if currently a peace officer as defined in Penal Code
sections 830.1 and 830.2(a).
(Effective January 1, 1994)
3.00.09 REQUEST FOR A PROSPECTIVE JUROR TO BE EXCUSED OR
DEFERRED
A. Upon written request, the jury commissioner or the court is empowered to excuse from jury
service persons for which jury service would entail an undue hardship as defined in rule 3.00.05.
B. Upon written request, the jury commissioner or the court is empowered to postpone the jury
service of a person for a period not to exceed 90 days.
C. Upon written request, the jury commissioner or court is empowered to postpone any other
legitimate temporary hardship not expressly defined on the summons itself, in the opinion of the
jury commissioner that would justify the temporary deferment of jury service.
(Revised July 1, 2012)
4.00.00 DOCUMENTS PRESENTED FOR FILING
(Effective January 1, 1994)
4.00.01 GENERAL FORMAT OF DOCUMENTS
A. All papers and documents presented for filing shall comply with California Rules of Court, rules
2.100–2.150 and rules 3.1110–3.1116.
B. A document that is produced by photocopying a printed form shall possess the same format with
respect to the face and reverse side of the form as does the printed form from which it is copied.
C. All documents presented for filing should include the office telephone number, facsimile
telephone number, and the electronic mail address (e-mail address) of the attorney or party in
propria persona presenting the document for filing, although the clerk will not reject a paper
presented for filing because it does not contain the facsimile telephone number or electronic mail
address of the attorney or party in propria persona.
The “office telephone number” means a telephone at a physical location where the party or the
attorney can be reached; cellular telephone numbers are not “office telephone numbers.” If the
party or the attorney does not have a facsimile transmission telephone number, the document
shall so state.
D. CONFIDENTIAL INFORMATION IN CIVIL FILINGS
(1) When filing any documents with the court in a civil action, all parties shall exclude social
security numbers and financial account numbers from the documents to be filed. If a
party intends to file any document which would otherwise include an individual’s social
security number or financial account number(s), the party shall exclude or redact all
numbers except for the last four digits of the social security number or financial account
number(s) prior to filing the document with the court.
(2) A party wishing to file a document containing the unredacted social security or financial
account number(s) may submit a motion or ex parte application to file an unredacted
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document under seal. Such documents may only be filed with the court upon order of the
court.
(3) The responsibility for redacting these personal identifiers rests solely with the filing
party.
(4) Civil actions refer to all civil cases except family law (including proceedings under the
Family Law Act, Uniform Parentage Act, and Uniform Child Custody Jurisdiction Act,
freedom from parental custody and control proceedings, and adoption proceedings),
juvenile court proceedings, and domestic violence retraining orders.
E. Original financial account statements and records filed with accountings pursuant to Probate
Code section 2620(c) shall be exempt from this rule. Those original confidential financial
account statements are to be filed by the parties with a separate caption page and filed as a
separate document from the accounting and, when filed in that manner, they will be placed in a
confidential envelope.
F. Unless clearly required to be confidential, court files are public records and are open to
inspection to any member of the public. The clerk of the court is not authorized to redact any
such confidential information. It is the responsibility of counsel or a party in propria persona to
redact any such information from any document presented for filing.
(Revised July 1, 2013)
4.00.02 FORMAT OF DOCUMENTS – LAW AND MOTION MATTERS
The rule applies to all papers filed in connection with any law and motion matter.
A. Law and motion documents filed with the court shall not include attached copies of any
documents to which reference has been made that are already in the court’s file, but such
documents shall be referred to by the title, date of the document, and date of filing, if known.
B. A duplicate copy of the law and motion document, to which shall be attached a copy of all
documents in the court’s file to which reference has been made, shall be delivered to the clerk at
the time of the filing for use by the judge who will hear the matter.
(Revised July 1, 2009)
4.00.03 JUDGMENTS AND DECREES
A. All written judgments and decrees presented for signature and a legible copy that shall be lodged
with the clerk at the time of filing will accompany filing.
B. If the parties enter into a written stipulation for judgment, the form of the proposed judgment to
be signed and filed shall be a separate document. A copy of the proposed judgment may be
attached as an exhibit to the stipulation.
(Effective January 1, 1994)
4.00.04 CONFORMING COPIES
The clerk will conform a maximum of 2 copies of any document at the time of filing. Additional copies
will be provided by photocopying and the standard fee for photocopying will be charged.
(Effective January 1, 1994)
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4.00.05 RETURN ENVELOPE REQUIRED FOR CONFORMED COPIES
A self-addressed, return envelope with sufficient postage affixed is required when any party desires the
return of conformed copies.
Copies submitted for conformance without a return envelope will be placed in the attorney’s “will-call
file” at the office of the Superior Court clerk. Conformed documents that have not been picked up within
a reasonable time may be placed in the court file or destroyed.
(Effective January 1, 1994)
4.00.06 TIME AND DATE OF HEARING TO BE INDICATED
When the date of hearing of any law and motion, criminal, or probate matter is known, all documents
filed for consideration at the hearing shall contain the date of hearing, the time, and the department,
below the action number. Failure to comply with this rule may result in documents not being before the
court at the time of the hearing.
(Effective January 1, 1994)
4.00.07 ATTORNEY “WILL-CALL” FILE
For their convenience, attorneys who wish to obtain copies of minute orders, other orders, judgments,
rulings, and other documents issued by the court may maintain a “will-call” file in the “will-call” file
cabinet located at the Placerville, Cameron Park, and South Lake Tahoe courthouses.
By requesting a “will-call” file, the attorney consents to service of the documents issued by the Superior
Court. Documents placed in an attorney’s “will-call” file located in an El Dorado County courthouse by
individuals or agencies other than the Superior Court will not be considered “served” upon the attorney
or his or her client. Service on the attorney shall be deemed complete 5 days after the date of the minute
order or other document. Copies of documents placed in the “will-call” file will not be mailed to the
attorney. An attorney who does not consent to such service will not be permitted to maintain a “will-
call” file.
In the event of partnerships or associations going under a law firm name, each member of the firm must
sign. This also includes submitting the signature of any new attorney joining the firm.
Documents placed in the “will-call” file and not picked up within a reasonable amount of time will be
placed in the court file or destroyed.
(Revised January 1, 2009)
4.00.08 FILING OF DOCUMENTS BY FAX
No documents, except for criminal complaints, parole violation petitions, and registration of protective
orders issued by the local Tribal Court, may be filed by fax with the Clerk of the Court, unless the filing
is by a fax filing agency as provided in rule 4.00.09.
(Revised January 1, 2014)
4.00.09 FAX FILING
The Superior Court of California, County of El Dorado, accepts fax filing in civil, probate, and family
law departments by facsimile transmission pursuant to California Rules of Court, rules 2.300 through
2.306. The court does not accept fax filing for small claims, unlawful detainer, civil harassment, family
law restraining orders, wills, codicils, bonds, or undertakings. Documents received by 4:00 p.m. shall be
filed with that day’s date. All documents received after 4:00 p.m. are deemed to have occurred on the
next business day. The Superior Court of California, County of El Dorado, does not accept direct
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Revised January 1, 2015
facsimile filing of documents except as authorized in rule 4.00.08.
(Revised January 1, 2013)
5.00.00 CRIMINAL PROCEEDINGS
(Effective January 1, 1994)
5.00.01 APPLICATION OF RULES
The criminal rules apply to all criminal cases unless otherwise provided by statute, or rule in the
California Rules of Court or the Local Rules of the El Dorado County Superior Court.
(Effective July 1, 2014)
5.00.02 CRIMINAL COMPLAINTS: FORMAT
In a criminal filing, the information and any copies of these documents shall be printed on blue paper.
(Revised July 1, 2007)
5.00.03 CRIMINAL COMPLAINTS: TIME AND PLACE FOR FILING
A. All criminal actions or proceedings wherein the subject matter arises in the South Lake Tahoe
area as defined in Local Rule 2.00.09(C) shall be filed in the South Lake Tahoe Session. All
other criminal actions or proceedings shall be filed in the Placerville Session. The court, in its
discretion, with the concurrence of the presiding judge, may transfer an action between sessions.
B. All criminal complaints charging in-custody defendants shall be filed at the earliest time
possible, but in no case later than noon on the date set for the arraignment of the defendant on
those charges. The clerk may accept documents for filing after noon only upon permission of the
judge assigned to the arraignment, or any other judicial officer if the judge assigned is
unavailable.
C. All criminal complaints charging out-of-custody defendants shall be filed with the clerk no later
than 2 court days before the time of the defendant’s first appearance on those charges. The judge
assigned to the criminal calendar may authorize the filing of late documents.
(Revised September 15, 2010)
5.00.04 POLICY
It is the policy of the Superior Court to dispose of misdemeanors and felony preliminary examinations as
follows:
A. M
ISDEMEANOR CASES
(1) 90 percent disposed of within 30 days after the defendant’s first court appearance.
(2) 98 percent disposed of within 90 days after the defendant’s first court appearance.
(3) 100 percent disposed of within 120 days after the defendant’s first court appearance.
B. F
ELONY PRELIMINARY EXAMINATIONS
(1) 90 percent disposed of within 30 days after the defendant’s first court appearance.
(2) 98 percent within 45 days after the defendant’s first court appearance.
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Revised January 1, 2015
(3) 100 percent disposed of within 90 days after the defendant’s first court appearance.
(Effective July 1, 2000)
5.01.00 VIDEOCONFERENCING
Unless otherwise prohibited by law, parties may appear or present testimony by videoconference. The
requesting party must file and serve an application at least ten (10) days prior to the date the matter is
initially set for hearing or trial. Any objections to the application must be filed and served no later
than five (5) days after service of the application. Thereafter, the court will rule on the application or
set the matter for hearing on the application.
The application form is available at the court’s website or in the clerk’s office. Videoconference
appearances will be arranged through CourtCall. Fees will be paid by the requesting party to
CourtCall.
(Effective July 1, 2014)
5.02.00 – 5.09.00 RESERVED FOR FUTURE USE
(Revised July 1, 2014)
5.10.00 BAIL
(Effective January 1, 1994)
5.10.01 REQUESTS FOR BAIL OR RELEASE ON OWN RECOGNIZANCE
Once bail has been set, counsel may request that bail be modified. Due notice of a request to modify bail
shall be given to all parties so that the issue may be fully litigated.
(Effective January 1, 1994)
5.10.02 BAIL FORFEITURES
A. The court will not give notice to the district attorney or to county counsel when considering a
request to set aside a forfeiture of bail pursuant to Penal Code section 1305(a), provided all of the
following occurs:
(1) The defendant has been delivered into the custody of the County Sheriff or the defendant
is present at the court proceeding for bail exoneration; and
(2) The proceeding for exoneration of bail has been commenced within 180 days after entry
in the minutes or mailing of the notice of forfeiture, together with whatever additional
time, if any, the court may have ordered pursuant to Penal Code section 1305(a);
(3) The Court has assessed the sum of $75.00 in those cases in which the defendant has
voluntarily surrendered to the court and has assessed the sum of $125.00 in those cases in
which the defendant’s appearance is the result of an agency arrest. These sums represent
a reasonable estimate of the court’s costs in repossessing the defendant, and shall be a
condition to the exoneration of bail in all cases; and
(4) Where the defendant has been transported back to El Dorado County at public expense,
the actual expenses incurred shall be assessed.
B. In all other cases, the district attorney and county counsel shall be given notice by the agency
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Revised January 1, 2015
posting bail pursuant to the provisions of Penal Code section 1305(a). Proof of service of such
notice shall be filed with the court.
(Effective January 1, 1994)
5.11.00 TRIAL SETTING AND READINESS CONFERENCES
Each criminal case pending trial shall receive a date certain for trial and readiness conference. At the
time a trial date is assigned, counsel shall advise the court of the estimated length of trial.
(Effective January 1, 1994)
5.11.01 STATUS CONFERENCE
Status conferences shall be held in criminal cases for the purpose of resolving discovery issues and other
matters on a date set by the Court. Counsel is required to personally meet and confer in an attempt to
resolve any outstanding discovery issues prior to the status conference.
(Revised, July 1, 2006)
5.11.02 RESERVED FOR FUTURE USE
(Revised January 1, 2013)
5.11.03 PRETRIAL CONFERENCE
(Revised July 1, 2014)
5.11.04 MOTIONS IN CRIMINAL CASES
A. CRIMINAL LAW AND MOTION CALENDAR
(1) Notice Requirement:
In accordance with California Rules of Court, rule 4.111 and unless otherwise ordered,
all pretrial motions, accompanied by a memorandum of points and authorities, must be
filed and served at least 10 court days prior to the date of the hearing. All papers
opposing the motion must be filed at least 5 court days and all reply papers at least 2
court days before the time appointed for hearing.
(2) Length of Hearing:
Matters on the criminal law and motion calendar are set for a total of no more than 15
minutes for argument, without the taking of testimony. When a matter is called on the
criminal law and motion calendar and it appears that argument will take more than 15
minutes or testimony is required, it shall be deemed a long cause matter. The court, in its
discretion, may reset the matter at a date and time convenient to the court for long cause
hearing.
If counsels believe that a matter will take more than 15 minutes to argue, that matter
should not be placed on the regularly scheduled criminal law and motion calendar. In
such a case, counsel should contact the calendar clerk and request that the matter be
scheduled as a long cause hearing.
B. PENAL CODE SECTION 995 MOTION TO DISMISS
(1) Any Penal Code section 995 motion to dismiss, along with supporting papers, must be
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Revised January 1, 2015
filed and served at least 10 calendar days prior to the date of the hearing. All papers
opposing the motion must be filed at least 5 calendar days and all reply papers at least 2
court days before the time appointed for hearing
C. PENAL CODE SECTION 1538.5 MOTION TO SUPPRESS
(1) Except for motions made during the preliminary hearing as provided in subsection (3)
below, a motion to suppress pursuant to Penal Code section 1538.5 must be filed and
served at least 10 calendar days prior to the hearing date. All papers opposing the motion
must be filed at least 5 calendar days and all reply papers at least 2 court days before the
time appointed for hearing.
(2) The notice of motion designating a motion pursuant to Penal Code section 1538.5 shall
specifically describe and list the evidence which is the subject of the motion to suppress;
and shall specifically state the theory or theories which shall be relied upon and urged for
the suppression of evidence; and cite the specific authority or authorities upon which
suppression of the evidence is urged.
(3) A defendant may make a motion pursuant to Penal Code section 1538.5 at the
Preliminary Hearing without providing the notice otherwise required by this rule, but
such motion shall be restricted to evidence sought to be introduced by the People at the
Preliminary Hearing.
D. MOTIONS IN LIMINE
(1) Any motions in limine in criminal cases, unless otherwise specifically ordered by the
court, shall be submitted in writing not less than 7 calendar days before the trial date.
Any response to a motion in limine shall be filed not later than 4 calendar days preceding
the first day of trial.
(2) A hearing on the motions in limine will be specially set at the convenience of the court,
but in no event later than 1:30 p.m. on the Friday preceding the first day of trial. If
counsels believe that a hearing on the motions will delay the scheduled trial date, they
shall promptly advise the court of the circumstances which will cause the delay.
E. C
OMPLEX MOTIONS DURING TRIAL
(1) Motions that are complex, extensive, or are out of the ordinary in any other respect, shall
follow the same notice and hearing procedure described above for motions in limine.
(Revised July 1, 2013)
5.11.05 ELECTRONIC RECORDINGS OFFERED INTO EVIDENCE
Unless otherwise ordered by the court, a party offering into evidence an electronic sound or sound-and-
video recording shall tender to the court and to opposing parties a typewritten transcript of the electronic
recording no later than 15 days prior to the trial or hearing. If the hearing at which the recording is to be
introduced is a preliminary hearing in a criminal case, the transcript shall be tendered no later than 5
days prior to the preliminary hearing.
(Revised July 1, 2014)
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5.12.00 TRIAL
(Effective January 1, 1994)
5.12.01 CONTINUANCES
A continuance of a criminal trial or hearing shall require the approval of the court. Counsel are required
to file a noticed motion requesting a continuance, or by stipulating to a continuance, provided a court
order approving that stipulation is filed.
If necessary, defense counsel shall provide a written time waiver by the defendant.
(Effective January 1, 1994)
5.12.02 MARKING EXHIBITS
In any case in which ten or more exhibits will be marked for identification, all counsel shall meet prior to
the Readiness and Settlement Conference and jointly mark in sequential, numerical order all exhibits,
complete the List of Exhibits, and deliver the List together with the marked exhibits to the court at the
conference.
If less than ten exhibits are to be marked, the List of Exhibits Form, together with the marked exhibits,
shall be delivered to the clerk by 8:30 a.m. on the morning of the first day of trial. The clerk will provide
exhibit marking tags and the List of Exhibits Form upon request of counsel.
(Revised January 1, 1994)
5.13.00 FELONY BAIL SCHEDULE
The court will periodically adopt a bail schedule. The CEO of the Superior Court shall maintain copies
of the current schedule.
(Revised July 1, 1998)
5.14.00 EXHIBIT STORAGE AND DISPOSITION
(Revised July 1, 2014)
5.14.01 POLICY
It is the policy of the El Dorado County Courts that evidence admitted in any case before the courts:
A. Shall be only those items required in the case;
B. Shall not pose a security or storage problem nor a risk to health or safety;
C. Shall not be retained by the court beyond the minimum time required by law, unless good cause
is shown.
(Effective January 1, 1994)
5.14.02 RECEIPT OF EXHIBITS
A. No exhibits shall be accepted by the exhibits custodian unless:
(1) All containers of liquid substances shall be clearly marked as to the type of liquid and the
amount;
(2) All containers of controlled substances shall be clearly marked identifying the substance
and its weight, and are sealed;
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(3) All case, whether individually or packaged, shall be specifically identified as to the total
amount of cash and the number of bills of each denomination;
(4) All firearms shall be secured by means of a nylon tie or trigger guard;
(5) All hypodermic needles shall be placed in containers that safeguard personnel handling
the exhibit from accidental injury.
B. All exhibits must be individually tagged with the appropriate exhibit tag. Each exhibit tag must
be properly completed and securely attached to the exhibit.
C. No exhibit shall be received by the court, if it poses a security or storage problem or a risk to
health or safety. Unidentified liquids, containers, or suspect substances shall be returned to the
party who offered the exhibit. Types of exhibits which will not be received include, but are
not limited to, the following:
(1) Any type of explosive powder;
(2) Explosive chemicals, including toluene and ethane;
(3) Explosive devices, including grenades, pipe bombs;
(4) Flammable liquids, including gasoline, kerosene, lighter fluid, paint thinner, and ethyl
ether;
(5) Canisters containing tear-gas, mace, or similar substances;
(6) Rags that have been soaked in flammable liquids;
(7) Liquid drugs, including phencyclidine (PCP); methamphetamine, corrosive liquids,
pyrrolidine, morpholine, and piperidine; or
(8) Samples of blood, urine, other bodily fluids, and any substance requiring refrigeration or
humidity-controlled storage.
D. Exhibits toxic by their nature that pose a health hazard to humans shall be introduced to the court
in the form of a photographic record and a written chemical analysis certified by competent
authority. Where the court finds that good cause exists to depart from this procedure, toxic
exhibits may be brought into the courtroom and introduced. Upon conclusion of a trial, exhibits
containing toxic or hazardous materials, including but not limited to bodily fluids, controlled
substances (including marijuana), weapons, and any other exhibit the court determines may
present a hazard shall be returned to the originating agency for storage pending appeal.
E. Any exhibit that is improperly tagged, marked, weighed, or otherwise improperly identified, will
not be accepted by the court.
F. The court, in its discretion, may admit any exhibit in the interests of justice.
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G. Original photographs shall be substituted for any photographically enlarged exhibits.
H. The court, in its discretion, may order a photograph substituted for large or bulky exhibits that
pose a storage problem.
(Revised January 1, 2008)
5.14.03 RETENTION, DESTRUCTION, AND RETURN OF EXHIBITS
A. The clerk shall retain custody of any exhibit introduced into evidence in a criminal proceeding
until the final determination or dismissal of the action or proceeding, or as otherwise required by
law.
B. Upon entry of a judgment of acquittal/not guilty verdict, all exhibits that have been marked,
identified, and/or admitted into evidence, shall be removed from the courtroom by counsel at the
conclusion of the trial.
C. Except in capital cases, once a judgment has become final, and any appellate proceedings in the
matter have been terminated, exhibits retained from a case shall be promptly destroyed or
otherwise disposed of by the court clerk in accordance with current law or rule of court. Parties
who wish to retain their exhibits shall sign and file with the clerk a request for return of exhibits
prior to the end of the hearing or trial of the matter.
D. Except as required by law, the court, on its own motion, may order exhibits destroyed or
otherwise disposed of, or may order that exhibits be returned to the attorney for the party
introducing those exhibits, 60 days after the expiration of the time for filing a notice of appeal.
(Revised July 1, 2006)
5.14.04 VIEWING EXHIBITS
A. While a case is active, only the attorneys of record and court personnel may view the exhibits.
Any other person interested in viewing an exhibit must first obtain an order of court permitting a
view.
B. Viewing of exhibits shall take place in the presence of the exhibit’s custodian. Exhibits may not
be altered or taken apart, except upon order of court. Special viewing equipment shall not be
permitted except upon prior order of court.
(Effective January 1, 1994)
5.15.00 COURT APPOINTED COUNSEL AND EXPERTS;
COMPENSATION
(Effective January 1, 1994)
5.15.01 RESERVED FOR FUTURE USE
(Revised July 1, 2006)
5.15.02 INVESTIGATIVE FEES AND EXPENSES
A. Application for Fees and Expenses. Application for investigative fees and expenses shall be
made in writing, as follows:
(1) To the judge of the department to which the case has been assigned;
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(2) To the judge of the department to which the matter has been referred pursuant to Penal
Code section 987.9; or
(3) To the presiding judge for all other cases.
B. Amount of Fees. The amount of fees will be as set by court policy, including maximum rates and
claims procedure.
(Revised July 1, 1995)
5.15.03 EXPERT FEES AND EXPENSES
A. Application for Expert Fees and Expenses. Application for expert fees and expenses shall be
made in writing as follows:
(1) To the judge of the department to which the case has been assigned;
(2) To the judge of the department to which the matter has been referred, pursuant to Penal
Code section 987.9; or
(3) For all other cases, to the presiding judge.
B. Amount of Fees. In no event shall the court grant fees or expenses not reasonably justified by the
nature of the case, as supported by written application. The written application shall specify the
nature, purpose, and materiality of the proposed expert services and shall contain an estimate of
the fees and expenses involved including the proposed expert’s hourly fees for out of court work
and for courtroom testimony. The name of the expert to be retained and a brief statement of
qualification shall also be included or attached. Unusual or extraordinary requests shall be
justified in detail.
C. Order for Fees and Expenses. The order for expert fees and expenses shall be on a form approved
by the court.
D. Maximum Rates for Expert Services and Testimony. Claims for expert services authorized
pursuant to this Rule shall not exceed the amounts approved by the court.
E. Submission of Claims. Claims for expert fees and expenses shall be made on a form approved by
the court, to which must be attached a copy of the court order awarding fees and a detailed
accounting of all claimed fees and expenses. The claim shall be submitted to the department that
authorized the expenditure as specified in subsection (A) of this rule.
(Revised July 1, 2013)
5.15.04 PUBLIC ACCESS TO POLICE REPORTS
Any police report submitted to the court shall be placed in the confidential section of the court file by the
clerk.
A member of the public may request that a police report be made available upon written notice. Within 5
court days of the request, a judge will review the report and may redact any contact information for
witnesses and victims, including telephone numbers and addresses, as well as any other information the
judge concludes meets the constitutional standards for confidentiality. Upon completion of the judge’s
review, the police report will be made available to the person requesting the report.
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(Revised July 1, 2014)
5.15.05 JURY INSTRUCTIONS
No later than the first day of trial in a criminal case, the prosecution shall submit proposed jury
instructions for use in that case in a condition to go to the jury. The jury instructions will be completely
and appropriately filled in and all necessary deletions made.
(Revised July 1, 2014)
6.00.00 TRAFFIC AND SMALL CLAIMS PROCEEDINGS
(Revised January 1, 2008)
6.00.01 TRIAL BY WRITTEN DECLARATION
The court, pursuant to this rule, adopts the trial by declaration process, defined in Vehicle Code section
40902. In addition, pursuant to Vehicle Code section 40903, any person who fails to appear at trial as
provided by law may be deemed to have elected to have a trial by written declaration.
(Effective January 1, 1994)
7.00.00 CIVIL PROCEEDINGS
(Effective January 1, 1994)
7.01.00 APPLICATION OF RULES
The civil rules apply to all civil cases, including general civil, family, juvenile, and probate cases,
unless otherwise provided by statute, or rule in the California Rules of Court or the Local Rules of the
El Dorado County Superior Court.
(Effective July 1, 2014)
7.02.00 TELECONFERENCING AND VIDEOCONFERENCING
A. TELECONFERENCING. Telephonic appearances are generally authorized pursuant to California
Rules of Court, rule 3.670.
The court designates CourtCall as the conference call provider to be used for telephonic
appearances. (CourtCall can be contacted at 1-888-882-6878).
B. V
IDEOCONFERENCING. Unless otherwise prohibited by law, parties may appear or present
testimony by videoconference. The requesting party must file and serve an application at least
ten (10) days prior to the date the matter is initially set for hearing or trial. Any objections to
the application must be filed and served no later than five (5) days after service of the
application. Thereafter, the court will rule on the application or set the matter for hearing on
the application.
The application form is available at the court’s website or in the clerk’s office.
Videoconference appearances will be arranged through CourtCall. Fees will be paid by the
requesting party to CourtCall.
(Effective July 1, 2014)
7.03.00 – 7.08.00 RESERVED FOR FUTURE USE
(Revised July 1, 2014)
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7.09.00 FACSIMILE TRANSMISSION AND SERVICE OF DOCUMENTS
(Effective January 1, 1994)
7.09.01 DEFINITIONS
A. Except as the context may otherwise require, the following terms shall have the meanings
ascribed thereto for the purposes of this rule:
(1) “Fax” shall mean and refer to the facsimile transmission of documents over telephone
lines, or other means of electronic transmission of documents.
(2) “Original Document” shall mean and refer to a document prepared in accordance with
the provisions of California Rules of Court, rules 2.100 through 2.119.
(3) “Hard Copy” shall mean and refer to a legible and durable copy of an Original
Document.
(Revised January 1, 2007)
7.10.00 LAW AND MOTION CALENDAR
(Effective January 1, 1994)
7.10.01 SCOPE OF LAW AND MOTION RULES
These rules supplement the Uniform Law and Motion Rules set forth in the California Rules of Court,
Title 3, Division 11, and orders and proceedings thereon.
(Revised January 1, 2007)
7.10.02 MOTIONS: IN GENERAL
A. All civil law and motion calendar dates will be assigned by the court clerk, upon the filing of
the appropriate papers. Civil law and motion matters will be heard at a time set by the court.
B. The responsive papers in opposition to a calendared motion must be filed with the clerk by
3:00 p.m. no later than nine (9) court days prior to the date of hearing excluding the date of
filing but including the date of the hearing, see Code of Civil Procedure section 12. Any reply
papers to the opposition must be filed by the moving party no later than 5 court days prior to
the designated hearing date (not counting the day of the hearing). These requirements do not
apply to orders shortening time or ex parte applications (see rule 7.10.10) and do not affect
the timing requirements of the summary adjudication statute, Code of Civil Procedure section
437c.
C. If opposition papers are not timely filed, the court in its discretion may deem it a waiver of
any objections and treat it as an admission that the motion or other application is meritorious.
The court, in its discretion, may grant the motion. In that case, a party desiring to further
oppose the motion will be required to bring a properly noticed motion for reconsideration,
motion for new trial, or other appropriate motion, and comply with any specific requirements
of the motion so brought.
D. Failure to timely serve and file a paper or file a proof of service may, in the court’s discretion,
constitute a sufficient basis for denial of the motion or application or to disregard the untimely
filed document. This subsection is not intended to limit the court’s authority to exercise
discretion in any other appropriate manner, including, but not limited to, the granting of
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continuances or the imposition of sanctions.
E. Any motion which seeks exclusively to advance or continue a civil cause for trial or
arbitration, or which pertains exclusively to calendaring the matter and which seeks no other
form of relief, shall be noticed and calendared for hearing in the department of the judge
assigned to hear the matter.
F. Papers and materials lodged with the clerk shall be accompanied by an addressed return
envelope with sufficient postage.
G. Each exhibit submitted in support of or in opposition to a motion or other application must be
identified as an exhibit, attached to a declaration, and made a part thereof by reference.
All exhibits submitted in support of or in opposition to a motion to be heard on the law and
motion calendar shall be separately tabbed, either numerically by the plaintiff or
alphabetically by defendant. All references to an exhibit in the memorandum of points and
authorities shall identify the exhibit referred to and state the page and line numbers of the
exhibit to which reference is made. (See California Rules of Court, rule 3.1113(k).)
H. Each exhibit shall be separated by an 8-1/2” x 11” sheet with hard paper or plastic tabs
extending below the bottom of the page and bearing the exhibit designation. An index to
exhibits shall be provided. Exhibits written in a foreign language shall be accompanied by an
English translation, certified under oath by a qualified interpreter.
I. Memoranda of points and authorities shall be submitted in accordance with California Rules
of Court, rule 3.1113. If a California administrative regulation, administrative decision, or
opinion of the attorney general is relied upon and cited, a copy of that authority shall be
attached to the memorandum.
J. All declarations under penalty of perjury submitted in support of or in opposition to a motion
or other application to the court for an order shall state the date and place of execution of the
declaration, and shall otherwise comply with Code of Civil Procedure section 2015.5.
Unless a statute authorizes a declaration on information and belief, the declaration shall set
forth statements of evidentiary facts to which the declarant could testify if called as a witness,
and shall include a declaration by the declarant under penalty of perjury to that fact. If a
statute authorizes a statement on information and belief and such a statement is made by the
declarant, the facts upon which the declarant bases such information and belief shall be
included.
K. Evidence at a hearing on a law and motion matter shall be in conformity with California Rules
of Court, rule 3.1306.
(Revised January 1, 2012)
7.10.03 PLEADINGS
A. The heading for each separate cause of action shall set forth the theory of the cause of action
and the parties against whom it is brought; e.g., “First Cause of Action against defendants
John Doe, Richard Roe, and Does I through III for Negligence.” (See California Rules of
Court, rule 2.112.) The court, in its discretion, may strike pleadings for non-compliance with
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this rule.
B. Amendment of pleadings shall be in compliance with the California Rules of Court. In
addition, the following principles shall apply:
(1) Amendment to designate a party wrongly named by the correct name does not require
an order following noticed motion, and may be obtained by an ex parte order, unless
the court determines that the substantial rights of the party to be designated are
adversely affected thereby.
(2) An amended pleading is required instead of an amendment to a pleading in all other
cases. The court shall deem a motion to file an amendment to be a motion to file an
amended pleading, and shall require that the entire prior pleading, together with the
proposed amendments that have been approved by the court and incorporated into the
prior pleading, be filed and served.
(3) In addition to attaching a copy of the proposed pleading (e.g. “proposed first amended
complaint”) to the moving papers, the party seeking leave to amend a pleading shall
bring the original of the proposed amended pleading to the hearing on the motion. The
original shall not include the word “proposed” on its face and, if the motion is granted,
will in the ordinary case be ordered filed and served forthwith.
C. Motions to strike shall comply with California Rules of Court, rule 3.1322. The court will
exercise its inherent power to strike an unauthorized pleading or a pleading filed in violation
of a court order.
(Revised January 1, 2007)
7.10.04 CONTINUANCES
A. Litigants may request a change of date for a law and motion matter one time only; no other
continuances will be allowed.
B. Notification of stipulated continuances of motions calendared on the law and motion calendar,
and any other stipulations in law and motion matters, shall be made through the calendar clerk
no later than 26 hours before the hearing or 2 hours before the tentative decision is published,
whichever is earlier. By calling and representing the continuance is by stipulation, counsel, or
the moving party if appearing in propria persona, is representing to the court that all parties
affected by the motion have agreed to the continuance. The continuance shall be to a date
certain, and shall be confirmed promptly by letter to the clerk. The continuance shall be
reflected in the court file. The moving party is responsible for giving notice to all parties of
the date to which a law and motion matter has been continued.
C. All other continuances shall be deemed discretionary continuances and may be granted by a
judge or commissioner only for good cause shown. If a continuance is granted, interim orders
on all or certain issues are favored and any remaining issues shall be continued on the law and
motion calendar or referred to the calendar clerk for setting as a long cause matter.
D. Failure to comply with this rule may result in the calendared matter being heard and ruled
upon by the court on the date the matter was originally set for hearing.
(Effective January 1, 1994)
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7.10.05 TENTATIVE RULING SYSTEM FOR WESTERN SLOPE AND
SOUTH LAKE TAHOE
A. GENERAL: The Superior Court for El Dorado County has adopted the following tentative
ruling system pursuant to California Rules of Court, rule 3.1308(a)(1) for all matters set on
the regularly scheduled law and motion calendars of both the Western Slope and South Lake
Tahoe Branches. The tentative rulings can be obtained in 2 ways:
(1) On Line: The tentative rulings and complete written rationale for each tentative ruling
will be posted on the El Dorado County Superior Court web site at
www.eldoradocourt.org by no later than 2:00 p.m. on the court day preceding the date
the matter is set on the law and motion calendar. The tentative ruling and the rationale
can be viewed on the web site by clicking on the “Tentative Rulings” link. The
tentative rulings are listed by department and calendar date. Simply click on the
tentative rulings for the assigned department and then click on the date you wish to
view.
(2) By Telephone: The tentative rulings providing the disposition of the matter only,
without the rationale, can also be obtained by calling (530) 621-6551 (Western Slope
Branch) or (530) 573-3042 (South Lake Tahoe Branch) beginning at 2:00 p.m. on the
court day preceding the date the matter is set on the law and motion calendar.
B. TENTATIVE RULING PROCEDURE
(1) Acceptance of tentative ruling
a. If you wish to accept the tentative ruling which has been issued, or do not wish to
oppose it, you do not need to do anything. If no notice of intent to appear and request
oral argument is received from any party to the matter by 4:00 p.m. on the day the
tentative ruling is issued, the tentative ruling will automatically become the final order
of the court pursuant to California Rules of Court, rule 3.1308(a)(1).
b. If you do not wish to accept the tentative ruling in its entirety, you must give notice of
your intent to appear and request oral argument as to the specific aspects of the
tentative ruling you wish to challenge to both the court and all parties to the action
through the procedures listed below by 4:00 p.m. on the day the tentative ruling is
issued. If you do not give such notice and request oral argument by 4:00 p.m., the
tentative ruling will become the final order of the court as provided in California Rules
of Court, rule 3.1308(a)(1).
(2) Notice of Intent to Appear and Request Oral Argument
a. A notice of intent to appear and request oral argument must be transmitted to the court
either electronically through the court’s website, or via telephone call by 4:00 p.m. on
the day the tentative ruling is issued.
b. Electronic requests must be sent directly from the tentative rulings link of the court’s
web site by clicking on the “Request for Oral Argument” button on the home page.
c. Phone requests must be placed to the Western Slope Branch at (530) 621-6551 or the
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South Lake Tahoe Branch at (530) 573-3076 and must provide all of the information
required on the request form found on the court’s web site.
d. Notice to all parties of your intent to appear must be made by telephone or in person
pursuant to California Rules of Court, rule 3.1308(a)(1).
(3) Scheduling of Oral Argument
a. Upon timely receipt of a request for oral argument, a hearing date will be scheduled by
the court to be held within 10 court days of such receipt.
b. Matters in which the parties’ total time estimate for argument is 15 minutes or less will
automatically be set for hearing on the law and motion calendar on the court day
following the issuance of the tentative ruling unless otherwise notified by the court.
The 15 minute time limit for argument heard on the law and motion calendar will be
strictly enforced. All other long cause oral argument requests will be set for hearing
within 10 court days of the issuance of the tentative ruling.
c. Notification of the selected Hearing Date for matters not automatically set for oral
argument on the next day’s law and motion calendar will be provided to the requesting
party by 5:00 p.m. on the date the tentative ruling is issued.
d. Notification to all other parties of the hearing date for matters not automatically set for
oral argument on the next day’s law and motion calendar is the sole responsibility of
the requesting party.
(4) Appearances
a. Except where the tentative ruling states that “appearances are required” or, having
received a request for oral argument of 15 minutes or less, the matter has been
automatically scheduled for hearing on the next day’s law and motion calendar, no
other appearances will be required nor permitted at the law and motion calendar on the
day following the issuance of the tentative ruling.
b. Unless otherwise indicated in the tentative ruling, appearances for oral argument may
be made either in person or telephonically through Court Call.
(Revised July 1, 2013)
7.10.06 LENGTH OF HEARING; LONG CAUSE MATTERS
A. Matters on the law and motion calendar are set for no more than a total of 15 minutes for
argument. When a matter is called on the law and motion calendar and it appears that
argument will exceed a total of 15 minutes, it shall be deemed a long cause matter. The court,
in its discretion, may reset the matter at a date and time convenient to the court for long cause
hearing.
B. If counsel believe that a matter will take more than 15 minutes to argue, that matter should not
be placed on the regularly scheduled law and motion calendar. In such a case, counsel should
contact the calendar clerk and request that the matter be scheduled as a long cause hearing.
(Revised July 1, 2011)
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7.10.07 DEFAULTS OR UNCONTESTED MATTERS; PROVE-UPS
A. No defaults or uncontested matters shall be set for hearing by the clerk unless and until the
judgment and all pleadings and documents necessary for hearing and disposition of the matter
are on file in the clerk’s office.
(1) In all cases of a request for entry of a default judgment, whether the request is for a
clerk’s judgment, court judgment, or the matter is set for prove-up, it is this court’s
general policy to require evidence in support thereof shall be provided in written form,
unless prohibited by law (Code of Civil Procedure section 585(c)). It is the policy of
this court to require an evidentiary declaration from the plaintiff or plaintiff’s agent in
all cases of default.
(2) Affidavits and declarations presented in support of a prove-up application shall
comply with the requirements of Code of Civil Procedure sections 585 and 585.5.
(3) At a default prove-up, allegations in the complaint or cross-complaint, if applicable,
are not deemed proved because of the failure of the adverse party to answer. In all
cases, proof must be presented by competent evidence on each and all essential
elements of the causes of action sought to be proved; conclusions, whether legal or
factual, are insufficient. Affidavits and declarations must affirmatively show that the
affiant or declarant is competent to testify to the statements made therein. In general,
the court will use the same standards for assessing the quality and sufficiency of the
evidence as would be applied in a contested proceeding. (Code of Civil Procedure
section 585(d); see Harris v. Cavasso (1977) 68 Cal.App.3d 723; Devlin v. Kearny
Mesa AMC (1984) 155 Cal.App.3d 381.)
B. In actions on promissory notes and contracts providing for the payment of attorney’s fees,
whenever a prevailing party is entitled to the recovery of reasonable attorney’s fees, the
following schedule shall be considered by the court, in its discretion, in awarding such fees:
25% of the first $1,000;
20% of the next $4,000;
15% of the next $5,000;
10% of the next $10,000;
5% of the next $30,000; and
2% of the amount over $50,000.
(Revised January 1, 2000)
7.10.08 MOTIONS TO BE RELIEVED AS COUNSEL
A. All motions and declarations to be relieved as counsel shall be on the mandatory Judicial
Council forms (MC-051 and MC-052).
B. In accordance with California Rules of Court, rule 3.1362(e), withdrawal will be effective on
the date the withdrawing attorney files proof of service of the formal, signed order on the
client and all parties who have appeared in the case.
(Revised January 1, 2012)
7.10.09 ARBITRATION
A. Upon stipulation of the parties, or election of the plaintiff, if the matter in controversy is less
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than $50,000, a case may be referred to arbitration. The Arbitration Program shall be
administered in accordance with the provisions of the Code of Civil Procedure section
1141.11, et seq., and California Rules of Court, rule 3.810, et seq.
B. When a case has been assigned to arbitration, notice of assignment to arbitration shall be sent
to all parties by the court.
(Revised, January 1, 2012)
7.10.10 EX PARTE MOTIONS AND APPLICATIONS; ORDERS
SHORTENING TIME
A. After filing, all ex parte applications, including applications for an order shortening time, will
be reviewed by the court clerk for signatures, verifications, form of motion, verification that
all exhibits are attached, and for general compliance with the California Rules of Court prior
to presentation to a bench officer.
B. In accordance with California Rules of Court, rule 3.1201, the applicant for an ex parte order
shall submit:
(1) The application;
(2) A declaration stating that notice has been given to all parties no later than 10:00 a.m.
the court day prior to the ex parte hearing, absent a showing of exceptional
circumstances that justify a shorter time for notice (California Rules of Court, rule
3.1203). In construing the term “exceptional circumstances” in the case of applications
for an ex parte temporary restraining order regarding harassment, the court will
ordinarily require at least 4 hours’ notice to the opposing party or parties.
The moving papers in support of an ex parte application shall be filed with the court at
the first reasonable opportunity, no later than 2:00 p.m. the court day preceding the ex
parte application in accordance with California Rules of Court, rule 3.1206. The
moving papers shall be served by facsimile transmission where possible.
(3) A declaration in support of the application, based upon personal knowledge and
competent evidence, that makes an affirmative factual showing of irreparable harm,
immediate danger, or other good cause for not using the noticed motion procedure.
(California Rules of Court, rule 3.1202(c).);
(4) A Memorandum of Points and Authorities in support of the application; and
(5) A proposed order.
C. If an application for an order to shorten time to hear a motion or other request has been
granted, the moving papers supporting that motion shall be served on the opposing party at
least 2 court days prior to the hearing.
D. Applications for entry of judgment ex parte pursuant to stipulation due to a debtor’s default on
a conditional settlement agreement, or other applications for entry of judgment or termination
of a stay of execution upon failure to perform express conditions, must provide notice
pursuant to this rule and California Rules of Court, rule 3.1200, et seq., unless there is an
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express waiver of notice in the stipulation. The application shall be supported by a declaration
stating the amount of any payments made by the debtor, or other compliance with the
agreement by the defendant, as well as the specific facts supporting the alleged failure to
perform.
E. An application for an ex parte stay of execution of a judgment shall only be made to the trial
judge who entered the judgment. If there is no trial judge, the application may be presented to
the judge assigned to the law and motion calendar.
F. If the applicant has previously made an ex parte application which has been denied or in part
denied, and a subsequent application is made for the same or similar order, either to the judge
who originally denied the application or to a different judge, whether on the same or a
different set of facts, the applicant shall submit a declaration that states that a previous
application has been made, the date of the application, the name of the judge who denied the
previous application, a copy of the order on the previous application, and the declaration shall
set forth facts on competent evidence demonstrating the change of circumstances which
warranted the subsequent application.
(Revised July 1, 2014)
7.10.11 MOTION FOR SUMMARY JUDGMENT AND SUMMARY
ADJUDICATION
A. POLICY. It is this court’s policy to adhere strictly to the evidentiary and procedural
requirements governing motions for summary judgment and summary adjudication as set
forth in the Evidence Code, Code of Civil Procedure section 437c, and other applicable
provisions of that Code, as well as the California Rules of Court, rule 3.1350, et seq. These
requirements apply as well to all affidavits and declarations submitted in support of or in
opposition to the motion.
B. MOTIONS FOR SUMMARY JUDGMENT OR ADJUDICATION; SEPARATE STATEMENT
REQUIREMENT. While a motion for summary adjudication made in the alternative may make
reference to and depend on the same evidence submitted in support of the motion for
summary judgment, a motion for summary adjudication requires its own separate statement
that identifies the issue or issues to be summarily adjudicated and sets forth the facts
contended to be undisputed and the evidence in support of those facts. Incorporation by
reference of the separate statement submitted in support of the motion for summary judgment,
or references in the separate statement in support of the motion for summary adjudication to
facts or evidence in the separate statement submitted in support of the motion for summary
judgment, do not comply with the California Rules of Court and may result in denial of the
motion.
C. MOTIONS FOR SUMMARY JUDGMENT OR ADJUDICATION; SEPARATE STATEMENT IN
OPPOSITION. California Rules of Court, rule 3.1350(f), imposes a requirement that the
opponent’s response in a separate statement in opposition “must unequivocally state whether
the fact is ‘disputed’ or ‘undisputed.’” Objections to evidence in a separate statement should
be made in the format provided in California Rules of Court, rule 3.1354 and not argued in the
separate statement. Other objections to a fact in a party’s separate statement of facts, such as
objections that the fact is incomplete, misstates a fact, etc., are legal argument and belong in
the Memorandum of Points and Authorities, not in the separate statement.
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D. SUPPLEMENTAL BRIEFING. Code of Civil Procedure section 437c, subsections (a) and (b), set
forth the mandatory time requirements for serving and filing the moving and opposing
supporting papers. Supplemental briefing, or supplemental evidentiary submissions, may not
be served or filed except by leave of court, on good cause shown. Granting leave to file
supplementary submissions may result in the hearing date, the trial date, and other scheduled
dates to be reset.
(Revised January 1, 2012)
7.10.12 COMPROMISE OF CLAIM OF MINOR OR INCOMPETENT
PERSON
A. A petition for court approval of a compromise pursuant to Code of Civil Procedure section
372, Probate Code section 2504, or Probate Code section 3500, shall be verified by the
petitioner and in addition to the matters required by California Rules of Court, rules 7.950
through 7.955, shall contain:
(1) The name and birth date of the minor or incompetent person;
(2) The nature and extent of the injury giving rise to the claim with sufficient particularity
to inform the Court whether the injury is permanent or temporary;
(3) The original or a photocopy of all doctor’s reports containing a diagnosis or prognosis
of the injury, and a current report of the person's present condition;
(4) A copy of any existing accident investigation report of any law enforcement agency;
(5) A full disclosure of all information concerning the reasonableness of the proposed
compromise including the amounts, if any, paid or to be paid to any other claimants;
(6) The original or a photocopy of each bill which, if paid, shall disclose the date of
payment, the amount paid, and the name of the payer;
(7) If the money is to be deposited in an account subject to withdrawal only upon order of
the Court, the name and address of the depository; and
(8) The amount of attorney’s fees requested. Pursuant to Probate Code section 3601, the
court will, in its discretion, approve a reasonable attorney’s fee consistent with
California Rules of Court, rule 7.955.
B. When the court orders the money to be received by the minor or incompetent person to be
deposited in a bank, trust company, or savings and loan association, the order approving the
compromise shall contain the following language:
(1) A certified or endorsed copy of this order shall be delivered to the manager of said
bank (or savings and loan association), together with said sum to be deposited, and
that there shall be a receipt of said bank (or savings and loan association) filed with
the clerk acknowledging receipt.
(2) If there is a finding in the order approving compromise of a minor’s claim that the
minor will attain the age of eighteen or majority on a definite date, the order requiring
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deposit shall provide for withdrawal after that date without further order of the court.
C. Requests for withdrawal of funds deposited for minors will be allowed only upon filing a
verified petition, which shall include a designation of the depository, a showing of the
amounts previously withdrawn, the balance on deposit at the time of the filing of the petition,
and an adequate justification for the requested withdrawal. Except as otherwise ordered by the
court for good cause shown, if the attorney for the petitioner was awarded fees at the time the
settlement was approved, no further attorney fees in connection with a petition for withdrawal
of funds shall be awarded.
D. The presence of the petitioner and the minor or incompetent person shall be required, unless,
in advance of the hearing, good cause is shown to the court by letter request seeking to excuse
that person’s presence. In considering whether to excuse a personal appearance on letter
request, the court shall consider, without limitation, the following factors:
(1) The amount of the settlement;
(2) Policy limits;
(3) Extent of injury and need for future medical care related to the injury;
(4) Extent of residual conditions, including cosmetic and psychological factors;
(5) Liability;
(6) Travel distance for the minor and guardian including consideration of any disability
causing difficulties in traveling; and
(7) Interruption of education: Generally, where petitioner is not represented by counsel, an
appearance will be required.
(Revised July 1, 2013)
7.11.00 EXHIBIT STORAGE AND DISPOSITION
(Revised July 1, 2014)
7.11.01 POLICY
It is the policy of the El Dorado County Courts that evidence admitted in any case before the courts:
A. Shall be only those items required in the case;
B. Shall not pose a security or storage problem nor a risk to health or safety; and
C. Shall not be retained by the court beyond the minimum time required by law, unless good
cause is shown.
(Revised, January 1, 1994)
7.11.02 RECEIPT OF EXHIBITS
A. No exhibits shall be accepted by the exhibit’s custodian unless:
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(1) All containers of liquid substances shall be clearly marked as to the type of liquid and
the amount;
(2) All containers of controlled substances shall be clearly marked identifying the
substance and its weight, and are sealed;
(3) All cash, whether individually or packaged, shall be specifically identified as to the
total amount of cash and the number of bills of each denomination;
(4) All firearms shall be secured by means of a nylon tie or trigger guard; and
(5) All hypodermic needles shall be placed in containers that safeguard personnel
handling the exhibit from accidental injury.
B. All exhibits must be individually tagged with the appropriate exhibit tag. Each exhibit tag
must be properly completed and securely attached to the exhibit.
C. No exhibit shall be received by the court if it poses a security or storage problem or a risk to
health or safety. Unidentified liquids, containers, or suspect substances shall be returned to the
party who offered the exhibit. Types of exhibits which will not be received include, but are
not limited to, the following:
(1) Any type of explosive powder;
(2) Explosive chemicals, including toluene and ethane;
(3) Explosive devices, including grenades and pipe bombs;
(4) Flammable liquids, including gasoline, kerosene, lighter fluid, paint thinner, and ethyl
ether;
(5) Canisters containing teargas, mace, or similar substances;
(6) Rags that have been soaked in flammable liquids;
(7) Liquid drugs, including phencyclidine (PCP); methamphetamine, corrosive liquids,
pyrrolidine, morpholine, and piperidine; or
(8) Samples of blood, urine other bodily fluids, and any substance requiring refrigeration
or humidity-controlled storage.
D. Exhibits toxic by their nature that pose a health hazard to humans shall be introduced to the
court in the form of a photographic record and a written chemical analysis certified by
competent authority. Where the court finds that good cause exists to depart from this
procedure, toxic exhibits may be brought into the courtroom and introduced. Upon conclusion
of a trial, exhibits containing toxic or hazardous materials, including but not limited to bodily
fluids, controlled substances (including marijuana), weapons, and any other exhibit the court
determines may present a hazard shall be returned to the originating agency for storage
pending appeal.
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E. Any exhibit that is improperly tagged, marked, weighed, or otherwise improperly identified,
will not be accepted by the court.
F. The court, in its discretion, may admit any exhibit in the interests of justice.
G. Original photographs shall be substituted for any photographically enlarged exhibits.
H. The court, in its discretion, may order a photograph substituted for large or bulky exhibits that
pose a storage problem.
(Revised, January 1, 2008)
7.11.03 RETENTION, DESTRUCTION, AND RETURN OF EXHIBITS
A. The clerk shall retain custody of any exhibit introduced into evidence in a civil proceeding,
until the final determination or dismissal of the action or proceeding.
B. Once a judgment has become final and any appellate proceedings in the matter have been
terminated, exhibits retained from a case shall be promptly destroyed or otherwise disposed of
by the court clerk in accordance with current law or rule of court. Parties who wish to retain
their exhibits shall sign and file with the clerk a request for return of exhibits prior to the end
of the hearing or trial of the matter.
C. The court, on its own motion, may order exhibits destroyed or otherwise disposed of, or may
order that exhibits be returned to the attorney for the party introducing those exhibits, 60 days
after the expiration of the time for filing a notice of appeal.
(Effective January 1, 2000)
7.11.04 VIEWING EXHIBITS
A. As long as a case is active, only the attorneys of record and court personnel may view the
exhibits. Any other person interested in viewing an exhibit must first obtain an order of court
permitting a view.
B. Viewing of exhibits shall take place in the presence of the exhibit’s custodian. Exhibits may
not be altered or taken apart, except upon order of court. Special viewing equipment shall not
be permitted except upon prior order of the court.
(Effective January 1, 1994)
7.12.00 TRIAL COURT CASE MANAGEMENT RULES
(Effective July 1, 2002)
7.12.01 APPLICATION OF CASE MANAGEMENT RULES
A. APPLICATION. These rules apply to all general civil cases pending in the Superior Court,
regardless of when the case was originally filed or whether the case was transferred from
another court.
B. E
XCLUSIONS. Excluded from the application of these rules are probate, guardianship,
conservatorship, family law (including proceedings under the Family Law Act, Uniform
Parentage Act, Uniform Child Custody Jurisdiction Act, proceedings for freedom from
parental custody and control, and proceedings for adoption) juvenile court proceedings, small
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claims appeals, and “other civil petitions” including petitions for writs of prohibition or
mandate, temporary restraining orders, harassment restraining orders, domestic violence
restraining orders, writs of possession, appointment of receiver, release of property from lien,
and change of name. Excluded also are unlawful detainers and cases which are the subject of
a petition for coordination.
C. COLLECTION CASES. Excluded also from the application of these rules are collection cases as
defined in California Rules of Court, rule 3.740(a). Collection cases shall be processed as set
forth in California Rules of Court, rule 3.740. In addition, the following rules shall apply.
A. Obligation to Take Default and Obtain Judgment. It is the plaintiff’s obligation to take
the defendant’s default and proceed to judgment within 360 days after the complaint
has been filed. Compliance with California Rules of Court, rule 3.740(f) will be
strictly enforced. If defendant has not filed a responsive pleading and plaintiff has not
obtained a judgment, the clerk shall prepare an order to show cause why reasonable
sanctions shall not be imposed against plaintiff and present the order to show cause to
the judge for signature.
B. Time For Service. The complaint must be served on all named defendants, and proofs
of service on those defendants must be filed, or the plaintiff must obtain an order for
publication of the summons, within 180 days after the filing of the complaint.
C. Responsive Pleading. Parties are to comply with California Rules of Court, rule 3.110
relating to responsive pleadings, cross-complaints, extensions of time, and the
deadline for obtaining a default judgment following entry of default.
D. Case Management Conference. If, at any time, an answer or other responsive pleading
is filed, the clerk shall set a case management conference within 30 days.
(Revised July 1, 2013)
7.12.02 POLICY
A. It is the policy of the Superior Court to manage all cases subject to these rules in order to
insure proper preparation and timely disposition. The goal for timely disposition is to
conclude 90% of the subject cases within 12 months after filing the complaint, 98% within 18
months, and 100% within 24 months.
B. It is also the policy of the Superior Court that the subject cases be assigned to one judge for all
purposes; provided, however, that the judge to whom a case is assigned may delegate pretrial
case management to a temporary judge, or settlement attorney.
C. It is also the policy of the Superior Court that once a date has been set in the management of a
case, the date may not be changed without a clear showing of good cause. Nothing in these
rules, however, shall prevent the court from exempting a case from the processes of these
rules based upon a specific showing that the interests of justice are served thereby.
(Revised July 1, 2014)
7.12.03 ASSIGNMENT OF CASES AND CHALLENGES TO ASSIGNED
JUDGE
A. Upon filing the complaint, the clerk shall assign a subject case to a single judge and shall
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notify the parties of the assignment. Nothing in these rules shall prevent the court from
reassigning a subject case to a different judge, in which case the court shall notify the parties
of the assignment.
B. A challenge to the assigned judge pursuant to Code of Civil Procedure section 170.6 shall be
made within 15 days after notice of the assignment. Upon the acceptance of such a challenge,
the court shall reassign the case to a different judge and notify counsel of the reassignment.
(Revised January 1, 2012)
7.12.04 DELEGATION TO TEMPORARY JUDGE AND CHALLENGES
If the judge to whom the case is assigned delegates pretrial management of the case to a temporary
judge and the parties do not agree to the delegation, the parties shall object within 30 days after notice
of the delegation. If the parties do not object within 30 days, they will be deemed to have agreed to
the delegation.
(Effective July 1, 2001)
7.12.05 SETTING THE CASE MANAGEMENT CONFERENCE DATE AND
CASE MANAGEMENT DOCUMENTS
Upon filing the complaint, the clerk shall assign a case management conference date as provided in
Local Rule 7.12.10 and deliver to the plaintiff an issued summons, a “filed” endorsed copy of the
complaint and the following case management documents:
A. Notice of Case Management Conference;
B. Blank Case Management Statement, mandatory Judicial Council form CM-110;
C. Notice to Litigants informational Local Form C-13.
The term “case management documents” also includes any case management order issued in the case.
(Revised July 1, 2013)
7.12.06 SERVICE OF COMPLAINT AND CASE MANAGEMENT
DOCUMENTS
A. SERVICE OF COMPLAINT. Within 60 days after filing a complaint, the plaintiff shall serve the
summons and complaint and case management documents on all defendants and file a proof
of service with the court. Within 30 days after amending a complaint to add a defendant, the
plaintiff shall serve the added defendant and file a proof of service with the court.
B. S
ERVICE OF CROSS-COMPLAINT. Within the time permitted by law, the cross-complainant
shall file and serve a cross-complaint against a party who has appeared in the action together
with a proof of service. If the cross-complaint adds new parties, the cross-complainant shall
serve the cross-complaint and the case management documents on the new parties and file a
proof of service with the court within 30 days after filing the cross-complaint.
C. MODIFYING TIME FOR SERVICE. On its own motion or on application of a party, the court may
modify the time for service. An application for an order modifying the time for service must
be filed before the time for service has expired and must be accompanied by a declaration (1)
showing why service has not been affected, (2) documenting the efforts that have been made
to effect service, and (3) specifying the date by which service is proposed to be affected.
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D. FAILURE TO SERVE. The failure timely to serve the summons and complaint or cross-
complaint and the case management documents and file a proof of service may result in
sanctions pursuant to Local Rule 7.12.13.
(Revised July 1, 2002)
7.12.07 RESPONSIVE PLEADINGS
A. TIMING OF RESPONSIVE PLEADINGS. The parties shall file and serve responsive pleadings
within the time permitted by law; provided, however, that the parties may stipulate without
leave of court to one 15 day extension of the time for filing responsive pleadings.
B. M
ODIFYING TIMING OF RESPONSIVE PLEADINGS. On its own motion or on application of a
party in writing for good cause shown, the court may modify the time for filing a responsive
pleading.
(Revised July 1, 2002)
7.12.08 OBLIGATION TO TAKE DEFAULT AND OBTAIN JUDGMENT
A. OBLIGATION TO TAKE DEFAULT. If a responsive pleading has not been filed within the time
for response provided for in Local Rule 7.12.07, the plaintiff or cross-complainant must file a
request for entry of default within 10 days after the time for response has elapsed.
B. OBLIGATION TO OBTAIN JUDGMENT. Except as set forth in subdivision C of this rule, after a
default is entered, the party requesting the default must obtain a default judgment against the
defaulting party within 45 days after the entry of default, unless the court has granted an
extension of time.
C. DEFAULTS JUDGMENT IN MULTI-DEFENDANT CASES. Default judgments in multi-defendant
cases need not be pursued until the entire action against all responding defendants has been
concluded.
D. FAILURE TO TAKE DEFAULT OR OBTAIN JUDGMENT. The failure to take default or obtain a
default judgment within the time set forth in this rule may result in sanctions pursuant to
Local Rule 7.12.13.
(Revised January 1, 2012)
7.12.09 UNINSURED MOTORIST CASES
A. Upon determining that an action is to proceed as an uninsured motorist (UM) case, the
plaintiff shall promptly, and in no event later than the first case management conference, file a
declaration under penalty of perjury setting forth the information upon which the
determination was made. The declaration shall include (1) a statement that coverage exists
under a UM insurance policy; (2) the name of the UM insurance carrier and the limits of
coverage under the policy; and (3) a statement that plaintiff intends diligently to proceed
under the UM policy and, upon completion of the proceeding under the UM policy, dismiss
the case.
B. Upon review of the declaration, the court may designate the action as an UM case, which
designation suspends the time requirements of these rules for 180 days from the date of
designation. The court shall review the case by setting a case management conference at the
end of the suspension period.
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C. If the proceeding under the UM policy is not completed by the review case management
conference, the plaintiff may file a supplemental declaration requesting a further suspension
and setting forth specific facts showing the necessity thereof. Upon completion of the
proceeding under the UM policy, the plaintiff shall dismiss the case.
(Revised January 1, 2012)
7.12.10 CASE MANAGEMENT CONFERENCE
A. ORIGINAL COMPLAINTS. For all cases subject to these rules, upon filing an original complaint,
the clerk shall schedule a case management conference within 120 days, but not less than 90
days, after the complaint is filed. On its own motion or at the request of a party or parties, the
court may hold other case management conferences at any time.
B. TRANSFER CASES. If a subject case is transferred from another jurisdiction after a responsive
pleading has been filed, the clerk shall schedule the case management conference within 45
days, but not less than 30 days, after the order of transfer. If a responsive pleading has not
been filed, the clerk shall set the case management conference within 90 days, but not less
than 60 days, after the order of transfer.
C. CASE MANAGEMENT STATEMENT. The plaintiff and each party who has been served or who
has appeared in the action shall file and serve a completed case management statement at least
15 calendar days prior to the case management conference.
D. CASE MANAGEMENT CONFERENCE HEARING. The plaintiff and each party who has been
served or who has appeared in the action or counsel shall attend the case management
conference, shall be familiar with the case, and shall be prepared to discuss all matters
enumerated in this subparagraph. The parties or counsel may appear by telephone as set forth
in Local Rule 7.12.16. Parties or counsel failing to attend or to be prepared may be subject to
sanctions as provided for in Local Rule 7.12.13. At the case management conference, the
court shall make all appropriate pretrial orders to ensure the proper preparation and timely
disposition of the case including the following:
(1) Service and Default. The Court may set dates or otherwise address the methods by
which service is to be accomplished or default taken.
(2) Dismiss Defendants, Except DOE Defendants. The Court may dismiss defendants,
except DOE defendants, who have not appeared and who have not been defaulted,
unless the court, for good cause shown, sets dates by which such defendants shall be
served or defaulted.
(3) Bifurcation, Severance, Consolidation. The court may consolidate separately filed
cases, for all or for limited purposes; or may order bifurcation, or severance of issues,
causes of action or parties in a single case.
(4) Case Plans and Limited Civil Actions. The court may classify or reclassify cases to an
appropriate case Management Plan, and may assign or reassign cases as Limited Civil
Actions or Unlimited Civil Actions.
(5) Mandatory Settlement Conferences, Issues Conferences, and Trial Dates. The court
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may schedule a mandatory settlement conference, an issues conference, and the trial
date. The court may schedule additional settlement conferences at the request of the
parties or on its own motion.
(6) Alternative Dispute Resolution. The court has initiated an Alternative Dispute
Resolution (ADR) Program which applies to all civil cases that are subject to these
rules; provided, however, that on the joint request of the parties or on its own motion,
the court may order that the program apply to any civil case.
Unless the parties agree to another form of ADR, they will be ordered to participate in
a Dispute Resolution Conference (DRC). The DRC shall take place within 60 days of
the case management conference, unless the court otherwise orders for good cause
shown. The DRC will be conducted by 2 attorney temporary judges representing the
plaintiff and defense bars, if the case involves personal injury, and one attorney
temporary judge for other civil cases. The DRC will be conducted as a mandatory
settlement conference pursuant to California Rules of Court, rule 3.1380, and the
parties and counsel are directed to comply with the terms thereof.
Within 7 to 10 days after the case management conference, the court will notify the
parties of the DRC temporary judges assigned to the case. It is the responsibility of the
plaintiff to contact the temporary judges and arrange for a time and place for the DRC
convenient to them and all parties.
At least 5 court days prior to the DRC, each party is to submit to the temporary judges
and the other parties a dispute resolution conference statement which meets the
requirements of California Rules of Court, rule 3.1380, and any special requirements
set forth below.
In addition to the requirements of California Rules of Court, rule 3.1380, each party’s
dispute resolution conference statement shall also contain a brief summary regarding
the status of expert and non-expert discovery.
Prior to the DRC, the parties are to exchange documents and records pertinent to
settlement and shall provide copies of these to the DRC temporary judges.
With leave of court and in lieu of participation in a DRC, the parties may participate in
arbitration (binding or non-binding), judicial arbitration, or mediation. The parties may
select the neutral from the court’s panel or a private neutral of their choice. The parties
will be responsible for any fees associated with arbitration, judicial arbitration or
mediation. The court’s panel of neutrals may be obtained from the court’s website or
the clerk’s office.
(7) Discovery. The court may establish a plan regulating the timing and scope of
discovery and the discovery proceedings. The court may also establish a plan for
managing documents, which are the product of discovery. The court may also appoint
a discovery officer to supervise discovery and to make such orders related to discovery
as may be required to ensure the proper preparation and timely disposition of the case.
(8) Expert Witnesses. The court may schedule the exchange of information relating to
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Revised January 1, 2015
expert witnesses required pursuant to Code of Civil Procedure section 2034, and the
examination of expert witnesses.
(9) Law and Motion. The court may schedule dates by which law and motion matters
must be concluded.
E. RULES FOR SPECIAL DISPUTE RESOLUTION CONFERENCES. This subsection
provides special procedures for the following cases:
(1) Personal Injury Actions. At least 5 court days prior to the DRC in personal injury
actions, the parties shall exchange relevant photographs, accident reports, medical bills
and reports, and statements of lost income and shall provide copies of these to the
DRC temporary judges.
If there are claims or liens which may affect the settlement, the affected party shall
initiate negotiations with claimants or lien holders prior to the DRC. If a claim or lien
is not resolved, counsel shall request the holder in writing to attend the DRC. This
subsection authorizes counsel to request collateral source providers to attend the DRC
on behalf of the court, pursuant to Government Code section 985(c).
(2) Building and Construction Cases. Within 30 days after the first status conference in
building and construction cases, the party complaining of defective construction shall
serve on all other parties a statement of damages, including a scope of damages which
sets forth with particularity the defects complained of and a cost of repair which
itemizes the cost of repairing the defects.
Within 30 days thereafter, the other parties may inspect the premises; provided,
however, that any such inspection shall be conducted only after the parties have met
and conferred and shall be scheduled to minimize inconvenience for the owner of the
premises.
Within 45 days after service of the statement of damages, the other parties shall serve
on all parties a response to statement of damages, which responds with particularity to
the scope of damages and the cost of repair.
The DRC shall be scheduled after the statement of damages and the response have
been completed and the parties shall provide copies to the DRC temporary judges.
(3) Business/Partnership Dissolution and Accounting Cases. In any case which requires
the taking of accounts, the court may appoint an accounting officer, whose fees shall
be divided equally among the parties. Within 10 days after the appointment, the
accounting officer may serve on the parties a request for documents requesting with
particularity the documents he or she believes are necessary for the accounting. Within
10 days thereafter, any party may object to the request, which objection will be heard,
together with any response thereto, by the court within 20 days. The objecting party
shall contact the court’s ADR department for a hearing date. Documents requested by
the accounting officer shall be produced within 30 days of the request; provided,
however, that if there is an objection, documents shall be produced only as the court
may direct. Within 30 days after he or she has received requested documents, or such
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other time as the court, for good cause shown, may direct, the accounting officer shall
file with the court and serve on all parties a statement of account.
The DRC shall be scheduled after the statement of account has been filed and served
and the parties shall provide copies of the statement of account to the DRC temporary
judges. It is the plaintiff’s responsibility to schedule the DRC.
(Revised July 1, 2014)
7.12.11 MANDATORY SETTLEMENT AND READINESS CONFERENCE
A. SETTLEMENT CONFERENCE. Approximately 4 weeks prior to the trial date, a Mandatory
Settlement and Readiness Conference (MSRC) shall be held in all cases. At the MSRC, all
matters that need to be resolved prior to trial, including the matters set out in Local Rules
7.12.10 D and E, shall be before the court.
B. PERSONS ATTENDING AND AUTHORITY. Trial counsel, the parties, and all persons whose
consent is necessary for a settlement must attend the MSRC in person; provided, however,
that for good cause shown, the court may excuse the personal attendance of any person. All
persons required to attend must have full authority to settle the case.
C. SETTLEMENT CONFERENCE STATEMENT. Each party shall lodge with the court no later than
five (5) court days before the conference and serve on the other parties a written statement
that conforms to Rule 3, et seq. of the California Rules of Court, and in addition sets forth the
following:
(1) A statement of the facts.
(2) The contentions of each party to the action regarding liability and damages.
(3) An itemized list of special damages
(4) Each party shall attach to the statement copies of relevant documents, which may
assist the court in settlement including photographs, diagrams, reports, bills, and
contracts
In any case in which a personal injury is claimed:
(4) A description of the nature and extent of any injury claimed, including residuals.
(5) A description of the basis for and method of calculation of any claimed wage loss.
(6) The most recent demand and offer or a description of any other proposed settlement
between or among the parties.
D. No later than five (5) court days prior to the Mandatory Settlement and Readiness Conference
each party shall file and serve on the other parties the following:
(1) Witnesses. A list identifying all lay witnesses and expert witnesses the party intends to
call at trial.
(2) Exhibits. A list identifying all exhibits the party intends to offer at trial.
(3) Jury Instructions. A checklist identifying proposed jury instructions and general and
special verdicts.
E. MOTIONS IN LIMINE.
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(1) No later than 3 court days before the MSRC, each party shall file and serve on the
other parties all motions in limine.
Motions in limine declarative of existing law (e.g., to exclude mention of liability
insurance pursuant to Evidence Code section 1155, or reference to settlement
negotiations pursuant to Evidence Code section 1152) are unnecessary and should not
be made.
Motions to exclude evidence must be supported with a declaration or other evidentiary
predicate specifying with particularity the evidence sought to be excluded (Kelly v.
New West Federal Savings (1996) 49 Cal.App.4
th
659).
(2) Placerville Session. All motions in limine must be in writing and are to be filed with
the clerk’s office in department 9, located at 3321 Cameron Park Drive, Cameron
Park, California and served as provided in paragraph D(1) of this rule.
(3) South Lake Tahoe Session. All motions in limine must be in writing and are to be filed
and served as provided in paragraph D(1) of this rule. Motions in limine will
ordinarily be heard on the law and motion calendar on the Friday preceding the trial
date.
(4) Any party opposing a motion in limine shall file and serve that party’s response no
later than 7 court days after the mandatory settlement and readiness conference.
Motions in limine concerning the admission or exclusion of proposed evidence shall
be accompanied by a declaration stating the specific evidence sought to be admitted or
excluded.
F. GOOD FAITH PARTICIPATION AND SANCTIONS. Counsel, the parties, and all persons attending
the MSRC, shall participate fully and in good faith. The court may impose sanctions on any
person required to attend who fails to attend, to participate fully and in good faith, or to file
the required documents as set forth in Local Rule 7.12.13. In addition to such sanctions, the
court may vacate the trial date
G. S
ETTLEMENT OF THE ACTION. If a case is settled, (1) the parties shall place the settlement on
the record or reduce it to writing, as the court may direct, (2) the court shall vacate all pending
court dates, and (3) the plaintiff shall dismiss the action within 45 days; provided, however,
that if the conditions for dismissal in the settlement cannot be completed within 45 days, the
plaintiff shall specify the date of dismissal. If the plaintiff does not dismiss the case within 45
days of the date of dismissal, the court shall dismiss the case unless good cause is shown why
the case should not be dismissed.
H. J
UDICIAL STATUS CONFERENCE—South Lake Tahoe Session. If a case venued in South Lake
Tahoe does not settle at the MSRC, the officer conducting the MRSC will set the case for a
mandatory judicial status conference on the Tuesday following the MRSC. At the judicial
status conference, each party shall present:
(1) Copies of all motions in limine, including courtesy copies of any motions in limine
previously filed;
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(2) A short (no longer than one page) statement of the case summarizing the general facts
of the case for the court’s benefit, without extensive argument;
(3) A realistic estimate of the length of the trial;
(4) Whether a jury is demanded; and
(5) Any special or complex issues that will require decision prior to trial, including any
anticipated hearings pursuant to Evidence Code section 402. Any briefing schedules
required for motions in limine or section 402 hearings will be set at the judicial status
conference.
(Revised July 1, 2014)
7.12.12 ISSUES CONFERENCE
If no settlement is reached at the MRSC, the officer conducting the MRSC shall set a date for the
Issues Conference. Attendance by the attorney who will actually try the case is mandatory.
A. Prior to the Issues Conference, the parties shall meet and confer and prepare the following
jointly:
(1) An issues conference statement setting forth the legal and factual issues to be
presented in the case, the proposed sequence of trial, and any appropriate memoranda
of points and authorities.
(2) A joint statement of the case to be read to the jury.
(3) Proposed voir dire.
(4) A joint set of jury instructions, including all instructions proposed to be offered by
either party, insofar as may be determined prior to taking evidence. Any instructions
as to which there is no agreement shall be tabbed. Proposed general and special verdict
forms shall be presented the first day of trial.
(5) A joint set of exhibits, tabbed and sequentially numbered, in three-ring binders, with a
table of contents listing each exhibit by number. All exhibits the parties intend to
present at its case-in-chief should be included. Depositions, requests for admission,
and interrogatories shall not be included in the exhibit binder. Exhibits to be used
solely for impeachment shall not be included in the exhibit binder but shall be
provided to opposing counsel prior to the first day of trial. Failure to disclose exhibits
to be used for impeachment may result in the imposition of evidentiary sanctions.
(6) A joint exhibit list, stating the exhibit number, description of the exhibit, the
proponent of the exhibit, and whether the exhibit may be admitted by stipulation.
(7) Whether the parties anticipate any hearings pursuant to Evidence Code section 402. In
the South Lake Tahoe Session, any anticipated hearings pursuant to Evidence Code
section 402 should be presented at the judicial status conference (see Local Rule
7.12.11.G).
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(Revised January 1, 2012)
7.12.13 SANCTIONS
The failure of any person to comply with these rules or any order of the court shall constitute an
unlawful interference with the proceedings of the court. For any such interference, the court may
impose upon the offending person sanctions which may include, but are not limited to, continuing a
conference and requiring the filing of appropriate documents, awarding monetary sanctions,
attorney’s fees, expenses and costs, striking pleadings and entering the default of any party,
dismissing the action, and contempt.
(Revised January 1, 2012)
7.12.14 RESERVED FOR FUTURE USE
(Revised January 1, 2006)
7.12.15 PLAINTIFF’S DUTY IF CASE SETTLES, VACATION OF DATES,
AND THE DISMISSAL HEARING
A. PLAINTIFF’S DUTY TO NOTIFY OF SETTLEMENT. Whenever a case settles, the plaintiff shall
notify the court in writing with copies to all parties, arbitrators or other ADR neutrals and
dismiss the case. If any scheduled event, including a hearing, conference or trial, is imminent,
the plaintiff shall also notify the court, arbitrator or other ADR neutral orally or by telephone.
B. CONDITIONAL SETTLEMENT. If a condition of the settlement cannot be completed within 45
days of the notice of settlement, hereinafter a “conditional settlement,” the notice shall state
the date upon which the condition is to be completed and the dismissal filed.
C. VACATION OF DATES AND THE DISMISSAL HEARING. Upon notification of a settlement, the
court shall vacate all scheduled events and notify the parties that the court will dismiss the
case at a hearing to take place 45 days after the notice of settlement, unless the parties show
good cause why the case should not be dismissed. If the settlement is a conditional settlement,
the dismissal hearing shall take place 45 days after the date for dismissal stated in the notice
of settlement.
D. ORDER TO SHOW CAUSE. The order to show cause shall be vacated if a dismissal has been
filed, together with proof of service of the dismissal on all parties at least 24 hours prior to the
date set for the hearing. At the hearing the court will dismiss the action unless plaintiff’s
counsel personally appears and shows good cause why the case should not be dismissed.
Telephonic appearances will not be allowed at the hearing unless prior leave of court has been
obtained.
E. S
ANCTIONS. Failure to follow the procedures set forth in this rule and California Rules of
Court, rule 3.1385, may result in the imposition of sanctions. If no dismissal has been filed
prior to the hearing and counsel fail to appear at the hearing, the court will dismiss the action
and set the matter for an order re: sanctions as to plaintiff or plaintiff’s counsel.
(Revised January 1, 2007)
7.12.16 RESERVED FOR FUTURE USE
(Revised July 1, 2014)
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7.12.17 CONTINUANCES OF DATES
The trial date, any hearing date, and case management dates may be modified only on a noticed
motion, for good cause shown and with the consent of the judge to whom the case has been assigned,
or upon ex parte application if authorized by statute or the California Rules of Court; provided,
however, that if case management authority has been delegated to a judge pro tem, case management
dates, but not the trial date, may be modified by the judge pro tem on an ex parte showing of good
cause in writing with 24 hours’ notice to all parties.
This rule does not apply to hearings set on the law and motion calendar as provided in Local Rules
7.10.00, et seq.
Ex parte applications to modify case management dates or to change a trial date are considered
motions and will be charged a motion fee.
(Revised July 1, 2014)
7.12.18 CONFLICTS AMONG THE RULES
In the event of any conflict between these Case Management Rules and any other Local Rules, which
may apply, the Case Management Rules shall control.
(Revised July 1, 2002)
7.12.19 ELECTRONIC RECORDINGS OFFERED INTO EVIDENCE
Unless otherwise ordered by the court, a party offering into evidence an electronic sound or sound
and video recording shall tender to the court and to opposing parties a typewritten transcript of the
electronic recording no later than 15 days prior to the trial or hearing.
(Effective July 1, 1999)
7.13.00 RESERVED FOR FUTURE USE
7.14.00 RESERVED FOR FUTURE USE
(Effective July 1, 2013)
7.15.00 RESERVED FOR FUTURE USE
7.16.00 RULES FOR ACTIONS ARISING UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT – PUBLIC RESOURCES
CODE SECTION 21000, ET SEQ.
A. GENERAL
(1) WHERE FILED. Actions in the nature of mandate challenging an agency decision
under the California Environmental Quality Act (Public Resources Code section
21000, et seq.) shall be filed in the civil section of the clerk’s office and the case shall
be thereafter assigned for all purposes to a judge designated by the presiding judge.
(2) Record Status Conference:
a. REQUEST FOR STATUS CONFERENCE. At the time that a petition is filed in accordance
with these rules, the petitioner shall request the court set a record status conference
before the judge assigned to the case within 30 days of the date of filing of the
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petition, and serve notice of the date of the record status conference on the respondent.
b. CERTIFICATION OF THE RECORD. The court will set a tentative hearing date for a
hearing to certify the administrative record. The parties shall provide the court at the
record status conference a joint list of documents proposed to be included in the record
that the parties consider to be the principal documents defining the issues presented by
the petition and the response thereto.
Each party may supplement the joint document list with a list of additional documents
the party considers to be of particular importance to its position. Each document shall
be designated by both the page number in the record and by the document’s title.
The parties shall also give the court a preliminary indication of any disputes
concerning the accuracy or scope of the record, with specific references to document
page and title.
c. BRIEFING SCHEDULE AND HEARING ON THE PETITION. The court will set a tentative
briefing schedule and tentative hearing date at the record status conference. The
hearing date and the briefing schedule may be reset either on the court’s own motion
or on noticed motion by a party, for good cause shown.
Memoranda of Points and Authorities shall be in accordance with the requirements of
California Rules of Court, rule 3.1113. Factual references in the brief shall be
followed by a citation to the specific portion of the administrative record supporting
that reference, by AR page number, as well as by the title of the document and
document page number in which that reference occurs. In addition, each party shall
file with the court at the time the party’s initial merits brief is filed a separate
document containing a photocopy of each page of the administrative record cited in
the brief.
B. ORDERING THE ADMINISTRATIVE RECORD
(1) In accordance with Public Resources Code section 21167.6, within 10 business days
after the action is filed, petitioners shall personally serve on the appropriate public
agency their request for preparation of the administrative record or their notice of
election to prepare the administrative record themselves.
C. MEDIATION
(1) In accordance with Government Code section 66031, within 5 days after the deadline
for respondent to file a response to the action, petitioners shall prepare and lodge with
the Civil Clerk a notice form for the court’s signature inviting mediation. The clerk
shall then mail the notice of invitation to the parties.
D. PREPARATION OF THE ADMINISTRATIVE RECORD
(1) Preparation of the Record by the Public Agency. Within 20 calendar days after receipt
of a request to prepare the administrative record, the public agency responsible for the
preparation shall personally serve on petitioners a preliminary notification of the
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estimated cost of preparation, including the agency’s normal cost per page, any other
reasonable costs the agency mat anticipate, and an estimate of the probable number of
pages. The preliminary notification shall also state, to the extent that the information is
known to the agency, the location of documents that are anticipated to be incorporated
into the administrative record; the contact person or persons responsible for
identifying individuals having custody of those documents, whether agency personnel
or other persons; and a list of dates and times specifying when, during normal business
hours, those documents will be made available to petitioners or other parties for
inspection. The agency shall supplement the preliminary notification from time to time
as additional documents are located or are determined to be appropriate for inclusion
in the record.
(2) Election by Petitioners
a. Upon receipt of the preliminary notification, petitioners may elect to prepare the
record themselves provided that they notify the agency within 5 calendar days of
receipt. Within forty (40) calendar days of service of the notice of the request to
prepare the administrative record, petitioners shall prepare and serve on all parties a
detailed index listing the documents proposed by petitioners to constitute the record.
Within 7 calendar days of service of petitioners’ proposed document index, the agency
and any other party shall prepare and serve on petitioners a notice specifying any
documents or items that the agency or party contends should be added to or deleted
from the record as proposed by petitioners.
The agency shall promptly notify petitioners of any required photocopying procedures
or other conditions with which petitioners must comply to prepare the record.
b. If petitioners do not elect to prepare the record themselves, then within forty (40)
calendar days after service of the request to prepare the administrative record, the
agency shall prepare and serve on all parties a detailed index listing the documents
proposed by the agency to constitute the record together with a supplemental
estimated cost of preparation. Within 7 calendar days after service of the agency’s
proposed document index, petitioners and any other parties shall prepare and serve the
agency and all parties with a notice specifying any documents or items that a party
contends should be added to or deleted from the record.
(3) Preparation of the Record by Petitioners. Within 20 calendar days after receipt of
petitioners’ notice of election to prepare the record themselves, the public agency
responsible for certification of the record shall personally serve on petitioners a
preliminary notification designating the location of documents that are anticipated to
be incorporated into the administrative record; the contact person or persons
responsible for identifying individuals having custody of those documents, whether
agency personnel or other persons; and a list of dates and times specifying when,
during normal business hours, those documents will be made available to petitioners
or other parties for inspection and copying. The preliminary notification from the
agency shall also notify petitioners of any required photocopying procedure or other
conditions with which petitioners must comply to prepare the record. The agency shall
supplement the preliminary notification from time to time as additional documents are
located or are determined to be appropriate for inclusion in the record.
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Within forty (40) calendar days after service of petitioners’ notice of election to
prepare the administrative record, petitioners shall prepare and serve on all parties a
detailed index listing the documents proposed by petitioners to constitute the record.
Within 7 calendar days of service of petitioners’ proposed document index, the agency
and any other party shall prepare and serve on petitioners a notice specifying any
documents or items that the agency or party contends should be added to or deleted
from the record as proposed by petitioners.
E. FORMAT OF ADMINISTRATIVE RECORD
(1) Type of Paper. The administrative record shall be prepared on white or unbleached
paper, preferably recycled, of standard quality not less than 20 pound weight, 8½ by
11 inches in size, using a photocopying process that will produce clear and permanent
copies legible to printing. Only one side of the paper shall be used and the margin
shall not be less than 1¼ inches on the left side of the page. The original of an
environmental document may be lodged as part of the administrative record provided
that exact copies of the original are provided to all parties in the action. The pages of
the administrative record shall be numbered consecutively and three-hole punched in
the left margin.
(2) Volume Designation. The administrative record shall be lodged in one or more
volumes of loose leaf binder, tabbed by document number and prominently titled
“ADMINISTRATIVE RECORD VOL. 1,” etc. Each volume shall consist of not more
than three hundred (300) pages and shall be numerically tabbed by the document
number in the volume. Each volume shall have a cover page listing each document in
the volume by the number of the tab which it appears, the full title of the document,
and the page number of the record of the first page of the document.
(3) Organization. Prior to certification and lodging, the administrative record shall be
organized with the documents in the following order:
a. The Notice of Determination;
b. The resolution(s) or ordinance(s) adopted by the lead agency approving the project,
including any resolution(s) or ordinance(s) adopted in compliance with Public
Resources Code sections 21081 and 21081.6;
c. The Draft or revised Draft Environmental Impact Report and initial study;
d. The comments received on and the responses to those comments prepared for the
Draft Environmental Impact Report or Negative Declaration, including any
modifications to the environmental documents and project made after the comment
period;
e. The remainder of the Final Environmental Impact Report (e.g., the Technical
Appendices and other technical materials);
f. The staff reports prepared for the approval bodies of the lead agency;
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g. Transcripts and/or minutes of hearings; and
h. The remainder of the administrative record, in chronological order if possible.
NOTE: The above table of organization if not intended to dictate the content of the
record but rather to describe a uniform order for those documents typically contained
in an administrative record. Documents to be included in the record are specified in
Public Resources Code section 21167.6(e).
F. CERTIFYING AND LODGING THE RECORD. Upon completion and preparation of the record, it
must be certified by the agency before being filed with the court. If the agency has prepared
the record, it shall make the required certification and shall personally serve the record and
lodge it with the court no later than 60 days after the request. If the petitioners have elected to
prepare the record, the petitioners must transmit it to the agency for certification. After
certification, petitioners shall then personally serve the record and lodge it with the Court no
later than 60 days after service of the notice of election to prepare the record. Any extension
of the 60 day period may be requested by filing a stipulation signed by all parties and
obtaining court approval of the extension(s) prior to the expiration of the 60 day period.
Alternatively, an extension may be requested on noticed motion prior to the expiration of the
60 day period.
If the agency refuses to make a complete certification, it shall make a partial certification,
specifying the alleged defects in the record and stating reasons for refusing to certify portions
of it.
G. DISPUTES REGARDING THE CONTENTS OF THE ADMINISTRATIVE RECORD. Once the
administrative record has been lodged with the court, any disputes about its accuracy or scope
shall be resolved on noticed motion. For example, if the agency has prepared the
administrative record, petitioners may contend that the record as prepared omits relevant
documents or contains inappropriate documents; if petitioners have prepared the record, the
agency may have similar contentions. Objections to documents contained within the record
shall be specific as to document number, full title, record page number, and the portion(s) to
which the objection pertains.
A motion to supplement the administrative record with additional documents and/or to object
to certain documents may be noticed by any party after obtaining a hearing date from the
clerk of the court. The hearing to supplement the record or to object to documents shall be
separate from and heard on a date prior to the hearing on the writ. Notice shall be given in
accordance with Code of Civil Procedure, section 1005.
H. HEARING TO CERTIFY THE ADMINISTRATIVE RECORD. The date of the hearing to certify the
administrative record will normally be set by the court at the record status conference and
may be advanced or continued by the court or on noticed motion of a party for good cause
shown.
At the hearing to certify the record, the parties shall provide the court with an agreed
statement of the issues that will be presented to the court at the hearing on the petition. Each
party may supplement the agreed statement of issues with additional issues that a party
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intends to raise. The court will confirm or revise the tentative briefing schedule and hearing
date that were set at the record status conference.
I. SETTLEMENT MEETING. The notice of settlement meeting required by Public Resources Code
section 21167.8(a) shall provide that, if the parties agree, the first settlement meeting shall be
continued so as to take place no later than 35 days after the administrative record has been
served. If the parties do not so agree, the first settlement meeting shall take place in
conformity Public Resources Code section 21167.8. In the event there is no agreement for a
continuance of the first settlement meeting, a second settlement meeting shall take place
within 5 days after the administrative record is served. The parties shall agree to the time and
place of any settlement meeting(s); failure to agree may result in the imposition of sanctions
pursuant to Public Resources Code section 21167.8(e). Other settlement meetings may be
scheduled by the parties.
The statement of issues required by Public Resources Code, section 21167.8(f) shall identify,
by document number, full document title, and record page number, those portions of the
administrative record that are directly related the contentions and issues remaining in the
controversy. While the statement of issues will be utilized by the Court in focusing on the
legal and factual contentions and issues raised by the parties, those contentions and issues
must be consistent with the pleadings to be properly resolved by the Court.
J. TRIAL NOTEBOOK. Petitioners shall prepare a trial notebook in a three-ring binder that shall be
filed with the Court no later than 15 days prior to the date of the hearing. The trial notebook
shall contain the petition, the answer(s), the memoranda of points and authorities, any motions
set to be heard at the trial of the action, the statement of issues, and any other document(s)
agreed upon by the parties. Each document in the trial notebook shall be separately tabbed
with a table of contents at the front of the notebook. The notebook shall also contain an index
to evidence cited in the briefs by document title, record page number, and the volume and tab
number in the administrative record.
(Revised January 1, 2012)
8.00.00 FAMILY LAW PROCEEDINGS
(Effective January 1, 1994)
8.00.01 DEFINITION OF FAMILY LAW MATTERS
As used in this Rule, the term “family law matters” includes all matters under the Family Law Act,
Uniform Parentage Act, emergency protective orders, the Domestic Violence Prevention Act, the
Uniform Child Custody Jurisdiction Act, the Revised Uniform Reciprocal Enforcement of Support
Act, petitions for writ of habeas corpus or warrant in lieu thereof, (involving child custody), non-
business orders prohibiting harassment, and guardianships, and any other matter involving child
support, spousal support or child custody and visitation.
(Revised January 1, 1994)
8.00.02 APPLICATION OF RULES
Except as inconsistent with this rule, family law matters shall be subject to the rules governing civil
cases generally, including but not limited to the California Rules of Court and California Code of
Civil Procedure.
(Revised January 1, 2012)
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8.00.03 FAMILY AND JUVENILE COURT MANAGEMENT OF CHILD
ABUSE CASES
It is the policy of the Superior Court to identify and coordinate custody proceedings involving the
same child which may appear in multiple legal settings. It is further the policy of the Superior Court
to coordinate the efforts of the different court systems so that the child’s needs are served and the
resources of the family and the court are not wasted. To these ends, the Superior Court and the
agencies serving the court shall cooperate to increase the exchange of information and to determine
the most appropriate forum for resolution of the issues related to the child.
A. REPORT PURSUANT TO PENAL CODE SECTION 11166. If during the pendency of a family law
proceeding a child abuse allegation against one or more of the child’s parents comes to the
attention of a family court judge, commissioner, or other child custody recommending
counselor or evaluator, any of these persons shall first determine whether the allegation must
be reported to a child protection agency, pursuant to Penal Code section 11166. If that person
determines the allegation does not fall within the description of section 11166, he/she need
not make a report.
B. CHILD ABUSE INVESTIGATION. When the El Dorado County Social Services Department,
Child Protective Services (CPS), receives a report of suspected child abuse during the
pendency of a family law proceeding, it shall investigate the matter immediately or within 3
or 10 days pursuant to DSS Regulations 30-132. CPS shall coordinate its investigation with
the reporting policy agency. CPS shall inform the family court judge or commissioner of any
decisions it makes concerning the child abuse investigation. It shall contact the investigating
agency immediately so that all investigative efforts can be coordinated.
C. WELFARE AND INSTITUTIONS CODE SECTION 329 APPLICATION. If CPS decides not to
intervene or fails to report to the reporting party within 10 days, any person may apply to the
social worker to commence proceedings in the Juvenile Court, pursuant to Welfare and
Institutions Code section 329. In that application, the affiant shall give notice and identifying
information of any pending family law proceeding. A copy of the application shall be sent to
the family court judge or commissioner by the moving party. The social worker shall respond
in writing to the application as soon as possible or within 3 weeks after submission of the
application (Welfare and Institutions Code section 329). The social worker shall send a copy
of the written response to the family court.
D. S
USPENSION OF FAMILY COURT PROCEEDINGS
(1) CPS Report
After a report of suspected child abuse has been made to a child protection agency,
custody and visitation proceedings in the family court are suspended, except that the
Family court shall have the power to make temporary protective orders to ensure the
safety of the child. The suspension shall remain for eighteen calendar days from the
report or until CPS indicates in writing that it will take no action in the matter,
whichever occurs first.
(2) Welfare and Institutions Code section 300 Petition – Juvenile Court
If a petition pursuant to Welfare and Institutions Code section 300 is filed in the
Juvenile Court, all custody and visitation proceedings in the Family court are
suspended. Thereafter, custody and visitation issues shall be determined by the
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Juvenile Court. The family court shall resume custody or visitation litigation only after
written authorization is received from the Juvenile Court.
E. REVIEW OF THE DECISION OF THE CPS SOCIAL WORKER NOT TO INITIATE DEPENDENCY
PROCEEDINGS. If the probation officer or CPS social worker decides not to initiate
dependency proceedings, any person who has applied for the commencement of dependency
proceedings pursuant to Welfare and Institutions Code section 329 within 1 month of that
application, may apply to the juvenile court to review that decision pursuant to Welfare and
Institutions Code section 331. The application shall include a copy of any application made to
pursuant to Welfare and Institutions Code section 329. The juvenile court shall rule on the
application as soon as possible and in no event later than 30 days after receipt of the
application.
F. I
NFORMAL SUPERVISION AGREEMENT. If, during the probation officer’s or CPS social
worker’s investigation, one or both parents reach an informal supervision agreement pursuant
to Welfare and Institutions Code section 301, a copy of that agreement shall be sent
immediately to CPS, to family court services and to each parent or their counsel.
G. F
AMILY CODE SECTION 3150 APPOINTMENT OF COUNSEL. During family law proceedings in
which allegations of child abuse have been made, the family court judge or commissioner
may appoint counsel for the child (Family Code section 3150.) to protect the child’s interests
and/or expedite the policy stated herein and carry out the terms of this protocol.
H. COORDINATION OF CASES. At any time during the process described herein, the judges,
commissioners, and referees assigned to hear family court and juvenile court matters are
encouraged to discuss problems relating to the coordination of cases involving child abuse
allegations.
(Revised January 1, 2012)
8.00.04 FAMILY COURT ORDERS ISSUED IN JUVENILE COURT
A. PETITION FOR DISMISSAL OF A DEPENDENCY PROCEEDING IN THE JUVENILE COURT.
Whenever any interested party believes that juvenile court intervention on behalf of a child is
no longer necessary, application may be made to the juvenile court pursuant to Welfare and
Institutions Code section 388 or at any regularly scheduled hearing to have the case
dismissed. If dismissed, any future litigation relating to custody, visitation and control of the
child shall be heard in the family court or other appropriate Superior Court civil department.
B. J
UVENILE COURT CUSTODIAL ORDER. If the juvenile court determines that jurisdiction of the
juvenile court is no longer necessary for the protection of the child, the court may create a
custodial order consistent with the needs of the child and thereafter dismiss the juvenile
petition and case (Welfare and Institutions Code sections 361.2 and 362.4).
C. MAINTENANCE OF ORDERS IN COURT FILES
(1) Juvenile Court. The original court order shall be filed in the family court or civil file
and endorsed copies shall be filed in the juvenile court file. A copy of the endorsed,
filed order shall be mailed to all attorneys and parties.
(2) Superior Court. If no court file exists in the family court or other Superior Court
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division or in any other jurisdiction, the Clerk of the Superior Court shall create a file
under the names of the child’s parents. The file shall contain a copy of the juvenile
court order. There shall be no filing fee. (Welfare and Institutions Code section 362.4).
(Revised January 1, 2012)
8.00.05 PROCEDURES FOR AIDS TESTING OF MINORS
A. POLICY. The juvenile court finds it necessary to engage in early intervention and to provide
treatment for dependent children who are infected with the human immunodeficiency virus
(HIV), the probable causative agent of acquired immune deficiency syndrome (AIDS).
Therefore, it is ordered that certain high risk infants who are taken into temporary custody
pursuant to Welfare and Institutions Code sections 306(a)(2) and 309(b) and who may have
been exposed to HIV, be tested for the presence of HIV pursuant to the limitations in this
order.
B. S
UBJECT TO TESTING. Children who meet all of the following criteria may be tested:
(1) Child is age 0 – 18 months as of the date the consent form is signed.
(2) Child has been or will be placed in out of home care.
(3) Child’s parent(s)/legal guardian(s) have refused to provide consent or their
whereabouts is unknown.
(4) A parent of the child has one or more of the following risk behaviors: history of
prostitution; intravenous drug use; hypodermic needle sharing; and/or multiple sex
partners whose personal histories are either unknown or known to include one or more
of the above cited risk behaviors.
(5) Child is a victim of sexual abuse, the nature of which has placed the child at risk of
exposure to HIV.
Pursuant to Welfare and Institutions Code section 369(a) and Health and Safety Code section
199.27 and the order of the presiding judge, the Director of the El Dorado Department of
Social Services or the Director’s designee, is authorized to consent to the child’s evaluation
for the presence of infection by the human immunodeficiency virus and to receive the results
of such testing and any diagnosis derived there from.
Further, the Department of Social Services is authorized to disclose the results of the HIV
test(s) and any diagnosis derived there from to the child’s attorney, out of home care
providers, parents (unless their parental rights have been terminated), legal guardian,
prospective adoptive parents, dentist or mental health practitioner who is currently providing
professional services to the child, the nature of which creates a legal need to know the child’s
HIV status.
The Department of Social Services shall not disclose the test results and any diagnosis derived
there from to any other parties, but may petition the presiding judge of the juvenile court for
such disclosure, upon a showing of good cause.
The Department of Social Services is directed to report to the presiding judge of the Juvenile
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Court, on a quarterly basis, the names and case numbers of the children who have been tested
pursuant to this rule.
(Revised July 1, 2002)
8.01.00 MEET AND CONFER REQUIREMENT
(Effective January 1, 1994)
8.01.01 REQUIREMENT
Counsel with their respective clients, either physically present or immediately available, shall attempt
to meet and confer in good faith and resolve all issues before any motion, order to show cause, or trial
is heard by the court.
(Revised January 1, 2012)
8.02.00 CONTINUANCES
(Effective January 1, 1994)
8.02.01 CONTINUANCE DISFAVORED
Continuances of motions or orders to show cause in family law matters are disfavored.
(Effective January 1, 1994)
8.02.02 ONE CONTINUANCE LIMITATION
No more than one continuance at the request of either party shall be allowed except for good cause.
(Revised January 1, 2012)
8.02.03 CONTINUANCE FOR CHILD CUSTODY RECOMMENDING
COUNSELING
A continuance necessary to allow for child custody recommending counseling or for receipt of the
child custody recommended counselor’s report, shall not be counted as a continuance requested by
either party.
(Revised January 1, 2012)
8.02.04 CONTINUANCE BY STIPULATION ON LAW AND MOTION
MATTERS
If both parties and their attorneys agree to a continuance, neither party need appear in court provided
at least one party contacts the court clerk by 12:00 p.m. the day before the hearing to advise the court
and further confirm the continuance in writing by stipulation signed by both parties. Said stipulation
shall confirm that the attorneys are authorized by their clients to continue said matters. The
attorney(s) shall either contact the court calendar clerk for available dates or provide their unavailable
dates to the calendar clerk.
For hearings in which a client/party must appear, a request for continuance must be signed by each
party and by each attorney. Filings made by facsimile transmission not later than 12:00 p.m. on the
court day before the scheduled hearing are acceptable. If a continuance is required because of the
absence of a report from a child custody recommending counselor, the court may grant one
continuance without the required signatures.
(Revised January 1, 2012)
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8.03.00 INCOME AND EXPENSE DECLARATIONS
8.03.01 WHEN REQUIRED
A current income and expense declaration is required in all family law matters where support or
attorney’s fees are requested. Said income and expense declaration shall be filed and served with the
initial moving papers. A party responding to a notice of motion or order to show cause involving
financial matters, including but not limited to support and/or attorneys fees, must file and serve a
completed current income and expense declaration with the responsive papers.
(Revised July 1, 2013)
8.03.02 PREPARATION INSTRUCTIONS
The income and expense declaration shall be completely filled out.
A. All applicable questions shall be answered with relevant information and the income and
expense declaration shall be dated and signed.
(1) A declaration that is not dated and signed, or is not completely filled out with all
applicable questions answered shall not be considered in evidence by the court, except
in so far as it may constitute an admission against the interest of the party.
(2) If a party is present at the hearing and has not dated or signed the declaration, the party
shall be permitted to amend the declaration by entering an admission of the date of
signing or to sign same.
B. Documents supporting each party’s wages, income, and other matters set forth in the income
and expense declaration, such as a copy of the most recent pay stub(s) representing at least 2
full months’ wages and deductions and a copy of the most recent W-2 form, shall be attached
to the income and expense declaration. A self-employed party must attach a properly and
accurately completed profit and loss statement for the prior twelve (12) months of the
operation of the business.
(Revised July 1, 2013)
8.03.03 ADDITIONAL INFORMATION TO BE PROVIDED
Each party shall exchange the following documentation at least 5 calendar days prior to any
scheduled hearing involving support or attorney’s fees and/or costs:
A. Copies of the 2 most recent paychecks or stubs.
B. Complete Federal and State income tax returns for the last 2 years; including all schedules.
C. Copies of any current W-2 and 1099 forms.
D. Business entity’s Federal and State income tax returns and profit and loss statements for the
past 2 years. A business entity is defined as any business, including but not limited to, a sole
proprietorship, partnership, joint venture, or corporation in which a party has any right of
management and/or control.
E. Any other documentation requested by the opposing party, provided such request is made in
writing at least 10 days prior to the scheduled hearing. The party requested to produce such
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additional documentation, however, may raise any objection to the production of said
documentation, provided that such objection is conveyed to the requesting party in writing at
least 5 calendar days prior to the date of the scheduled hearing and provided, further, that the
objecting party brings the subject documentation to the scheduled hearing. The court shall
resolve any objection at the hearing. Failure to object as herein provided shall be deemed a
waiver of any objection to the production of the requested documentation. Written notice may
be by facsimile transmission.
(Revised January 1, 2012)
8.03.04 SANCTIONS
If a party fails to comply with this rule, upon request of a party or upon the court’s own motion, the
court may take any of the following actions at the scheduled hearing.
A. Continue the hearing.
B. Set a hearing for imposition of sanctions pursuant to Code of Civil Procedure section 128.5
and/or Family Code section 271.
C. Assess reasonable attorney fees against the non-complying party.
D. Strike all or part of the non-complying party’s motion or response, as the case may be.
E. Make other orders as the court may deem appropriate.
(Revised January 1, 2012)
8.03.05 INFORMATION PRIVILEGED
All documentation identified in rule 8.03.03, which is received by a party and/or their attorney of
record, shall not be disclosed to any non-litigation related third party. Disclosure shall result in the
imposition of sanctions pursuant to Code of Civil Procedure section 128.5 and/or Family Code
section 271.
(Revised January 1, 2012)
8.04.00 CHILDREN IN COURTROOM
While children who are the subject of litigation may appear in the courthouse, it is the policy of the
court not to have any subject child in the courtroom without the court’s prior knowledge and consent.
Children shall remain in the hallway or elsewhere in the care of a responsible person.
(Revised January 1, 2012)
8.05.00 ORDERS TO SHOW CAUSE AND NOTICES OF MOTION
(Effective January 1, 1994)
8.05.01 DATE, TIME, AND PLACE OF HEARING
The date, time, and place of hearing on any family law motion or order to show cause shall be
scheduled through the calendar clerk.
(Revised January 1, 2012)
8.05.02 MOVING AND RESPONSIVE PAPERS
All moving and responsive papers in family law matters shall be filed and served as specified in Code
of Civil Procedure section 1005(b). Proof of service of the moving papers must be filed no later than
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5 court days before the time appointed for the hearing (California Rules of Court, rule 3.1300(c)).
Proof of service of the responsive papers shall be filed no later than 1 court day prior to the hearing.
(Revised January 1, 2012)
8.05.03 FORMAT OF ORDERS TO SHOW CAUSE AND NOTICES OF
MOTION
The provisions of rule 4.00.02 shall apply to orders to show cause and notices of motion in family
law matters. A copy of any document in the court’s file which is to be affected by the relief sought in
the order to show cause or notice of motion shall be attached to the duplicate copy of the document
delivered to the clerk for the use of the court.
If a hearing is set on a motion or order to show cause regarding child support or temporary spousal
support, both the moving party and the responding party shall at the time of the hearing provide the
court with appropriate proposed support DissoMaster or X-Spouse calculation printouts.
(Revised January 1, 2012)
8.05.04 APPLICATION FOR ORDER EXCLUDING FROM HOME
An application for an ex parte restraining order excluding either party from the family dwelling, or
the dwelling of the other, must be supported by an affidavit or declaration showing an assault or
threatened assault and emotional or physical harm, as required under Family Code section 2045,
specifying in detail the time and place of any past act or acts of alleged misconduct, and stating why
an order shortening time would not be practicable. Upon hearing, the court may order temporary
exclusion upon a sufficient showing under Family Code section 6321 of an assault or threatened
assault and physical or emotional harm.
(Effective January 1, 2012)
8.05.05 APPLICATION FOR EX PARTE TEMPORARY CUSTODY
ORDER
An application for ex parte orders of temporary custody shall include, among other things, existing
custody order(s) which party has physical custody, details as to how, when, where, and under what
circumstances the party obtained physical possession, and other facts (not conclusions) showing the
best interest of the child.
(Effective January 1, 2012)
8.05.06 APPLICATION FOR EX PARTE ORDER FOR IMMEDIATE
CHANGE OF PRIOR ORDER FOR CUSTODY OF MINOR
An application for an ex parte order to change an existing order for the custody of any minor child
must be supported by an affidavit or declaration showing by clear, specific allegations that the health
and welfare of the child require the immediate change of custody, and stating why an order
shortening time would not be practicable. The affidavit or declaration shall also set forth, in brief, the
circumstances under which the child will be placed pending hearing.
(Effective January 1, 2012)
8.06.00 CONDUCT OF HEARING
(Effective January 1, 1994)
8.06.01 TIME LIMITATIONS
Hearings on the law and motion calendar are limited to 10 minutes and are subject to further time
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limitations to accommodate the court’s calendar. In the event either party in good faith believes that
the matter cannot be completed in 10 minutes, he or she shall, at the time the matter is called, so
inform the court.
The court may then set the matter for a long cause hearing or make such other order as may be
appropriate under the circumstances.
(Revised January 1, 2012)
8.06.02 LACK OF APPEARANCE
Any matter in which there is no appearance by either party or their attorneys at the time of calendar
call shall be ordered off calendar unless the courtroom clerk has been notified that there will be a late
appearance or that the matter has been continued.
(Revised January 1, 2012)
8.06.03 MATTERS TAKEN OFF CALENDAR
If a matter is to be taken off calendar, the moving party shall, as soon as is reasonably possible, notify
the calendar clerk and all parties who were served with the moving papers as soon as possible.
(Revised January 1, 2012)
8.06.04 PREPARATION OF ORDER AFTER HEARING
Unless otherwise ordered by the court, the moving party shall prepare and serve a written order
following an appearance on the law and motion calendar under the legend “approved as conforming
to court order.” The moving party shall have 10 calendar days to prepare and serve the proposed
order after hearing on opposing counsel or in the case of an unrepresented litigant, the opposing
party. Opposing counsel, or in the case of a litigant representing themselves, the opposing party, shall
have 10 calendar days from the date of service, in which to approve the order and return the signed
order to the preparer. The written objection shall state with specificity the nature of the objection and
the proposed revisions. The parties shall meet and confer to resolve the disputes. If no written
objection is served upon the preparing party within the 10 calendar days after service of the proposed
order, then the preparing party shall submit the prepared order to the trial judge with a cover letter
explaining why it is submitted without the approval and showing that a copy of said correspondence
has been sent to the opposing counsel, or the opposing party in the case of a litigant representing
themselves.
The court may in its discretion and in appropriate circumstances, shorten the time for approval by the
opposing counsel or by the opposing self represented litigant, or dispense with the approval time
altogether.
The written proposed order and any written objections thereto may be served by facsimile
transmission.
If a written objection is served on the preparer, the objector shall give written notice to the court of
the objection and the court shall set a hearing to resolve and determine the proper content of the order
after hearing.
All orders made by the court at a noticed motion or order to show cause hearing are effective
immediately without the preparation of a formal order after hearing.
(Revised January 1, 2012)
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8.07.00 EX PARTE ORDERS AND ORDERS SHORTENING TIME
(Effective January 1, 1994)
8.07.01 DECLARATIONS REQUIRED
Specific declarations must support requests for ex parte orders.
(Effective January 1, 1994)
8.07.02 NOTICE
Before submitting an ex parte order for a judge’s signature, parties must comply with all applicable
Family Code, Code of Civil Procedure provisions and California Rules of Court, rule 3.1203,
including all requirements for declarations explaining that notice to the other party or attorney has
been given, or the reason notice has not been given.
(Revised January 1, 2012)
8.07.03 OPPONENT REPRESENTATION
The party requesting ex parte orders must inform the judge in a declaration re: notice of ex parte
application if the opposing party is represented by an attorney or is non-represented stating the name,
address, and telephone number of the attorney or non-represented party, and the date and time notice
has been given so the attorney or non-represented party may have an opportunity to oppose the
application within 4 hours.
(Effective January 1, 1994)
8.07.04 NOTICE EXCUSED
Notice may be excused if, following a good faith attempt, the giving of notice is not possible or if the
opposing attorney, or non-represented party, does not object to the ex parte orders sought.
(Effective January 1, 1994)
8.07.05 SERVICE OF PAPERS
Unless a declaration stating reasons why notice should not be required has been filed with the court,
and absent a showing of exceptional circumstances; notice shall be given to the opposing side by
10:00 a.m. the court day preceding the ex parte application. The moving papers in support of an ex
parte application shall be filed with the court at the first reasonable opportunity, no later than 2:00
p.m. the court day preceding the ex parte application in accordance with California Rules of Court,
rule 3.1206. The moving papers shall be served by facsimile transmission where possible.
(Revised July 1, 2012)
8.07.06 NOTICE WAIVED
Notice may be waived if the giving of such notice would frustrate the very purpose of the order and
lead the applicant to suffer immediate and irreparable injury. The declaration re: notice of ex parte
application shall set forth detailed facts to show the grounds for waiver. The application and
declaration for the orders requested might be considered by the court in determining whether a waiver
should be granted.
If a responding party requests an ex parte order be set aside prior to the date set for hearing, notice
shall be given to the moving party. The court may order an earlier hearing date or modify the orders
on a proper showing in lieu of setting aside the orders.
(Effective January 1, 1994)
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8.08.00 CONDITIONS FOR ISSUANCE OF ORDERS SHORTENING TIME
(Effective January 1, 1994)
8.08.01 AFFIDAVIT
If an order shortening time is requested, the supporting affidavit or declaration shall state, pursuant to
California Rules of Court, rule 3.1201 whether the opposing party is represented by counsel and
whether that party has been contacted and has agreed to the requested order shortening time.
(Revised January 1, 2012)
8.08.02 NOTICE
Notice shall be given to the opposing party in accordance with the requirements of California Rules
of Court, rule 3.1203.
(Revised January 1, 2012)
8.08.03 REASON TO BE STATED
If the opposing party has not been contacted or agreed to the order shortening time, the supporting
affidavit or declaration shall demonstrate why the hearing should be set on the proposed date without
the consent of the opposing party.
As a general rule, an affidavit or declaration in support of an order shortening time must show
emergency circumstances unless it is solely to enable a responding party to obtain affirmative relief
on a hearing date previously set by the opposing party.
(Effective January 1, 1994)
8.09.00 CHILD AND SPOUSAL SUPPORT
(Effective January 1, 1994)
8.09.01 GOVERNING LAWS
Child support is governed in all cases by the provisions of California Family Code sections
4051 – 4068, and shall be based upon the information provided in the moving and responding papers.
(Effective January 1, 1994)
8.09.02 SPOUSAL SUPPORT
8.09.03 TEMPORARY SPOUSAL SUPPORT
In the typical case, spousal support for temporary awards is calculated at 40% of the supporting
spouse’s net income and subject to reduction by 50% of the supported spouse’s net income.
If child support is paid by one supporting parent for children of the relationship, the spousal support
for temporary awards shall be calculated according to the formula adopted by Alameda County, as
amended. These guidelines will be applied only to determine temporary spousal support awards.
(Revised January 1, 2001)
8.09.04 NO LIMITATION ON COURT DISCRETION
These guidelines are not intended to limit the court’s discretion except as otherwise provided by the
Family Law Act or other applicable law. The court will take all circumstances into consideration to
the extent permitted by law.
(Revised January 1, 2001)
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8.09.05 PERMANENT SPOUSAL SUPPORT
Permanent spousal support shall be determined pursuant to Family Code sections 3651, 3653, 3654,
4320, 4330 – 4339, in accordance with applicable law.
(Effective January 1, 1994)
8.10.00 CHILD CUSTODY, VISITATION AND CHILD CUSTODY
RECOMMENDING COUNSELING – GENERAL PROVISIONS
(Revised January 1, 2012)
8.10.01 REFERRAL TO CHILD CUSTODY RECOMMENDING
COUNSELING
All contested custody and visitation matters including the legal terms used to define the parties’
relationship with the child or children must be scheduled for child custody recommending
counseling. However, if a child custody recommending counseling report has been issued within the
past 6 months, a new child custody recommending counseling date shall not be set. The parties will
be directed to appear in court on the scheduled hearing date.
(Revised January 1, 2012)
8.10.02 CHILD CUSTODY RECOMMENDING COUNSELING
SCHEDULING
Child custody recommending counseling shall be scheduled prior to or at the date of the hearing.
(Revised January 1, 2012)
8.10.03 APPOINTMENT OF CHILD CUSTODY RECOMMENDING
COUNSELOR/EVALUATOR; STANDARDS; QUALIFICATIONS
Whenever possible, the court shall appoint for each child custody recommending counseling,
evaluation, assessment, investigation, or family study ordered under Family Code section 3110 or
Evidence Code section 730 a child custody recommending counselor /evaluator whose skills, training
and background are best suited to the particular needs of the family.
(Revised January 1, 2012)
8.10.04 MINIMUM STANDARDS
The minimum standards of qualification for performing child custody recommending
counseling/evaluations are those possessed by:
A. Person(s) to whom the parties stipulate in writing, subject to approval by the court;
B. Court child custody recommending counselors or other county employees who meet statutory
minimum requirements for child custody recommending counselors; or
C. Mental health professionals who possess at least the statutory minimum requirements for
family court child custody recommending counselors.
(Revised January 1, 2012)
8.10.05 EX PARTE CONTACT PROHIBITED
No party or attorney for a party shall initiate contact with a child custody recommending
counselor/evaluator, orally or in writing, to discuss the merits of the case without notice to the other
party and an opportunity to be present or to receive a copy of a written communication.
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A. The court shall advise all child custody recommending counselors/evaluators, attorneys, and
parties of this prohibition at the time the order for child custody recommending
counseling/evaluation is made.
B. Nothing in this rule shall prohibit the child custody recommending counselor or evaluator
from contacting either party or attorney provided that the other party or attorney is advised of
such communication. Ex parte questions regarding the completed report (child custody
recommending counseling recommendation and evaluation) will be allowed; however, the
child custody recommending counselor/evaluator has the discretion to request concurrent
contact.
(Revised January 1, 2012)
8.10.06 PARTICIPATION OF CHILDREN
The child custody recommending counselor/evaluator shall have discretion as to whether the lack of
confidentiality shall be disclosed to the child(ren). The child custody recommending
counselor/evaluator need only address this question after a specific inquiry by the child(ren).
A. Children are not to be present for child custody recommending counseling sessions unless
ordered by the court. The court and/or the child custody recommending counselor will
determine whether and under what conditions a minor may be interviewed.
B. Interviews with siblings can be separate at the discretion of the child custody recommending
counselor/evaluator.
(Revised January 1, 2015)
8.10.07 BOTH PARENTS TO BE INTERVIEWED
If one party fails to appear for the child custody recommending counseling appointment, the child
custody recommending counselor shall inform the court of the failure to appear by one party. The
child custody recommending counselor may make professional collateral contacts, if appropriate, and
report the collateral contact statements to the court. The child custody recommending counselor will
not make any recommendation pursuant to California Rules of Court, rule 5.210(h)(4).
(Revised January 1, 2015)
8.11.00 CHALLENGES TO CHILD CUSTODY RECOMMENDING
COUNSELORS OR EVALUATORS
(Revised January 1, 2012)
8.11.01 ONE CHALLENGE PER PARTY
Each party is allowed one peremptory challenge at the time of initiation of child custody
recommending counseling or evaluation.
(Revised January 1, 2012)
8.11.02 NO FURTHER CHALLENGES
After an initial peremptory challenge, parties will be required to accept the next child custody
recommending counselor/evaluator available. A child custody recommending counselor/evaluator
will not be replaced after an initial challenge unless a written document is submitted proving, to the
satisfaction of the court, a clear conflict of interest (inability to be objective).
(Revised January 1, 2012)
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8.11.03 SUBSEQUENT CHILD CUSTODY RECOMMENDING
COUNSELING SESSIONS
Cases returning to child custody recommending counseling within 6 months of a report being
completed, or the last court date—whichever is the latest—will be reassigned to the same individual
that completed the most recent report. (In other words, there will be no additional peremptory
challenges allowed on cases returning within a 6 month period).
(Revised January 1, 2012)
8.11.04 NO PEREMPTORY CHALLENGE AFTER FIRST INTERVIEW
A child custody recommending counselor/evaluator will not be replaced after the initial interview
with the parties, except for good cause. The request for replacement shall be heard on the regular
court calendar by notice of motion.
(Revised January 1, 2012)
8.12.00 PAYMENT OF CHILD CUSTODY RECOMMENDING
COUNSELOR’S OR EVALUATOR’S FEES
If the court orders a child custody recommending counseling/evaluation, and if any fees or costs will
be charged for child custody recommending counseling and/or evaluation, the cost shall be
apportioned equally among the parties. Either party can file a notice of motion to have the fees
reallocated.
(Revised January 1, 2012)
8.13.00 COMPLAINT PROCEDURE ABOUT CHILD CUSTODY
RECOMMENDING COUNSELOR
All complaints raised in connection with the evaluation procedure shall be submitted in writing to the
court.
A complaint about a child custody recommending counselor may be submitted by letter to the Court
Executive Officer with proof of service of a copy to all other counsel and self-represented parties.
The complaint must be submitted within 30 days of the child custody recommending counseling
session. The Court Executive Officer, or his/her designee, will conduct an investigation of the matter,
which may include consultation with the child custody recommending counselor, and shall respond to
the complaint in writing to all parties within 30 days. The Child Custody Recommending Counseling
Client Complaint Form is available at the court’s website or in the clerk’s office.
(Revised January 1, 2015)
8.14.00 CHILD CUSTODY RECOMMENDING COUNSELING PROCESS
(Revised January 1, 2012)
8.14.01 SUPPORT PERSONS
A child custody recommending counselor may exclude a support person from, including a domestic
violence support person pursuant to Family Code section 6303, from a child custody recommending
counseling session if the support person participates in the child custody recommending counseling
session, acts as an advocate, or the presence of a particular support person is disruptive or disrupts the
process of child custody recommending counseling.
(Revised January 1, 2012)
8.14.02 CONDUCT OF CHILD CUSTODY RECOMMENDING
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COUNSELOR
In order to facilitate an agreement of the parties, the child custody recommending counselor may
meet with the parties together or separately. The child custody recommending counselor may contact,
meet with, or interview such other persons as the child custody recommending counselor deems
appropriate, including but not limited to the children, relatives, friends, employers, or attorneys.
(Revised January 1, 2015)
8.14.03 CHILD CUSTODY RECOMMENDING COUNSELING
AGREEMENT
If the child custody recommending counselor reports an agreement to the court, the clerk shall direct
the child custody recommending counselor’s agreement, stipulation, and order to a judge or
commissioner.
(Revised January 1, 2015)
8.14.04 CHILD CUSTODY RECOMMENDING COUNSELOR
RECOMMENDATIONS
If the parties do not reach a complete agreement, the child custody recommending counselor is
required to submit recommendations regarding custody and visitation to the court.
If the child custody recommending counselor reports a recommendation to the clerk, the clerk shall
file the recommendation in the action. The child custody recommending counselor shall issue a report
of the child custody recommending counseling outcome no later than 10 calendar days prior to the
scheduled hearing date.
(Revised January 1, 2012)
8.14.05 COPY TO BE PROVIDED
A copy of the agreement or recommendation shall be provided to the court, to all counsel, and to non-
represented adult parties. The report shall not be shown to or distributed to any non-litigation related
persons.
(Revised January 1, 2012)
8.14.06 RECOMMENDATION OF CHILD CUSTODY RECOMMENDING
COUNSELOR
If the parties cannot reach an agreement and the child custody recommending counselor reports a
recommendation to the court, the recommendation shall be reviewed at the next calendared hearing
date.
(Revised January 1, 2012)
8.14.07 CHILD CUSTODY RECOMMENDING COUNSELING WITHOUT
PENDING PROCEEDING
Parties who do not have a pending family law action before the Superior Court may request child
custody recommending counseling by filing a joint child custody recommending counseling petition.
The parties must fill out a joint child custody recommending counseling petition on the form
prescribed by the court.
(Revised January 1, 2012)
8.14.08 PRIVATE CHILD CUSTODY RECOMMENDING COUNSELING
The parties may stipulate to have a private child custody recommending counselor attempt to resolve
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their disputes regarding custody and visitation. The parties must fill out an order for private child
custody recommending counseling and submit that form to the court.
(Revised January 1, 2012)
8.14.09 CONFIDENTIALITY OF CHILD CUSTODY RECOMMENDING
COUNSELOR REPORTS AND EVALUATION REPORTS
A. In any proceeding involving minor children and the issues of parentage, custody, visitation, or
parenting time with such minor children, any written report, including, but not limited to, the
following documents shall be deemed to be confidential:
(1) Any Child Custody Recommending Counselor Report issued by a Family Court
Services Child Custody Recommending Counselor or Family Court Services
Investigator employed by the El Dorado County Superior Court, or any person or
agency appointed by the court to conduct a mediation or evaluation involving minor
children.
(2) Any Child Custody and Investigation Report prepared and/or issued pursuant to
Family Code section 3110, et seq.
(3) Any report or recommendations prepared and/or issued pursuant to Evidence Code
section 730.
B. In any case in which any of the foregoing reports exist, those reports shall be maintained as
confidential and shall be unavailable to any entities or persons except:
(1) The court and its personnel.
(2) Attorneys of record for the parties, or the parties themselves. In the event that a party
to a proceeding obtains a copy of one of the foregoing reports, either directly or
through its inclusion in a file that they receive from the court or their former legal
counsel, they shall be subject to the rules regarding confidentiality, dissemination, and
copying of the reports, and the penalties proscribed for the violation of those rules.
(3) Private mediators, Family Code section 3111 or Evidence Code section 730 custody
evaluators, psychologists or psychiatrists engaged in psychological profiling or
evaluation of one or both of the parties.
(4) Any other person or entity to whom the court expressly grants access by written order
made with prior notice to all parties.
C. All persons and/or entities having access to a report issued by a Family Court Services Child
Custody Recommending Counselor, Family Court Services Investigator, or an evaluator
appointed pursuant to Family Code section 3110, et seq., or Evidence Code section 730, are
prohibited from making copies of the report, disseminating the report, or disclosing the
contents, agreements, or recommendations contained in that report to any child who is the
subject to the report, family members or relatives of the parties, or to any other person or
entity not expressly authorized to receive the report under subsection (B), except in the
following circumstances:
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(1) If the agreements and/or recommendations contained in any such report are adopted
by the court as orders, then those agreements and recommendations may be quoted or
incorporated verbatim in subsequent orders prepared for the court’s execution and
filing.
(2) If the agreements and/or recommendations contained in any such report are adopted
by the court as orders, only that portion of the report containing those specific
agreements and recommendations adopted by the court may be attached to subsequent
court orders, if attachment of that portion of the report would lend itself to the brevity
and/or clarity of the court’s orders.
(3) Upon the issuance of a prior court order permitting the copying, dissemination, or
disclosure of the report and its contents to a person or entity previously prohibited
from receiving this information.
a. In the event of a police, Child Protective Services, or related investigation in which the
welfare or safety of a minor child is at issue, and there is not sufficient time to obtain a
court order permitting the disclosure of the information.
D. In the event that any person, entity, or attorney fails to maintain the confidentiality of a report,
they shall be subject to the imposition of sanctions by the court in the form of monetary fines
or penalties, and/or restriction of their access to any existing or future confidential reports.
(Revised January 1, 2015)
8.15.00 EVALUATION
(Effective January 1, 1994)
8.15.01 EVALUATION UNDER FAMILY CODE SECTION 3110
A. Any case in which custody or visitation remains in dispute after completion of child custody
recommending counseling, may, in the discretion of the court, be referred for evaluation.
B. The case shall not be referred to the person who conducted the child custody recommending
counseling for evaluation, unless the parties so stipulate.
C. As an alternative to a court evaluation and subject to the court’s approval, the parties by
stipulation may nominate a private evaluator to perform an evaluation of the pending matter
and to render a written report and recommendation to the court under Family Code section
3110.
(Revised July 1, 2013)
8.15.02 EVALUATION REPORT
If an evaluation is ordered, the court shall establish a specific return date to court, and the order shall
state the date the evaluator shall return the report. The date may be extended by order of the court or
written agreement of the parties. The report shall be in writing and shall be distributed to the court, to
all counsel, and to non-represented adult parties. The report, and information contained in the report,
shall only be used in a legal proceeding and for no other purpose and shall not be shown or
distributed to any non-litigation related third persons.
(Revised January 1, 2012)
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8.15.03 TESTIMONY OF EVALUATOR
The child custody recommending counselor/evaluator must receive a subpoena at least 5 calendar
days prior to the hearing or trial, unless good cause is shown.
(Revised January 1, 2012)
8.15.04 STIPULATIONS FOR USE OF SPECIAL MASTER IN CHILD
CUSTODY CASES
A. “Special Master” designates the person appointed pursuant to Code of Civil Procedure section
638 in family law custody cases to make decisions about custody related issues other than
decisions involving the substantial modification of legal or physical custody. Use of a Special
Master is intended as an alternative to frequent, continuing custody litigation. The Special
Master may be a mental health professional or attorney. The family law courtrooms will
publish a list of individuals who possess the minimum qualifications deemed appropriate by
the court to serve as a Special Master and will provide a packet of materials with more
specific information about appointment of a Special Master.
B. Parties may use a Special Master by agreement and written stipulation and order only. The
court will not order parties to use a Special Master. Upon execution of a stipulation
appointing a Special Master which stipulation includes a specific time period during which
parties agree to participate with the Special Master, the court will enforce such a stipulation
for the time period designated by the parties.
C. Upon appointment of a Special Master by stipulation of the parties, the Special Master may
make decisions which, in the absence of an objection raised by a party by timely filing a
motion with the court as more specifically set forth in the stipulation appointing the Special
Master, will have the effect of a court order.
D. A sample Special Master stipulation will be available in the family law courtrooms. Although
parties may develop individual stipulations appointing a Special Master, any stipulation, to be
enforced by the court, must include the following specific provisions:
(1) A grievance procedure which conforms to the procedure set forth in the sample
Special Master stipulation;
(2) A term of appointment;
(3) A definition of the scope of authority of the Special Master;
(4) A statement of quasi judicial immunity;
(5) A hearing process;
(6) A decision process; and
(7) An agreement for payment of fees charged by the Special Master.
(Effective January 1, 2012)
8.16.00 AWARD OF ATTORNEY’S FEES, COSTS, AND SANCTIONS
(Revised July 1, 2014)
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8.16.01 GOVERNING LAW
Attorney’s fees and costs shall be awarded as authorized by statute or case law.
(Effective January 1, 1994)
8.16.02 FACTORS TO BE CONSIDERED IN SETTING FEES AND COSTS
The party requesting fees and costs should expect to present evidence in his or her moving papers on
the following issues:
A. The nature of the litigation;
B. Its complexity;
C. The amounts involved;
D. The financial circumstances of the parties (“need” and “ability to pay”);
E. The skill required; and
F. The professional standing and reputation of the attorneys.
The conscientious efforts of counsel to resolve as many areas of disagreement as possible without
judicial intervention is entitled to serious consideration in awarding attorneys fees pursuant to Family
Code section 271.
(Revised January 1, 2012)
8.16.03 DOCUMENTATION IN SUPPORT OF AWARD OF FEES OR
COSTS
Rules 8.16.04 and 8.16.05 apply whether the request for an award is noticed or without notice.
(Effective January 1, 1994)
8.16.04 INCOME AND EXPENSE DECLARATION
Fees and costs will not be awarded unless an Income and Expense Declaration (Judicial Council form
FL-150) is submitted with each item fully and accurately completed.
If a party intends to rely on a previously filed income and expense declaration, this must be stated in
a declaration under penalty of perjury, stating that there are no changes from the declaration filed by
the party, giving the date the previously filed declaration was filed.
(Revised July 1, 2013)
8.16.05 DECLARATION TESTIMONY AND BILLINGS
Declaration testimony of experts in support of prospective cost awards will be allowed. Where an
expert submits a report that has been attached to a statement of issues, a billing based on that service
may be admitted at any hearing where the report itself may be received.
(Effective January 1, 1994)
8.17.00 SANCTIONS
(Effective January 1, 1994)
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8.17.01 ATTORNEY’S FEES
In addition to the foregoing factors, the various factors of Code of Civil Procedure section 128.5 and
Family Code section 271 may bear on the award of attorney’s fees to either side, including the
resistance of a request for an award on the basis that the services were not “reasonably necessary” to
the prosecution of the proceeding.
(Revised January 1, 2012)
8.17.02 OTHER SANCTIONS
In the event that any party or attorney fails at any stage of the proceedings to substantially comply
with the requirements of the current guidelines, Local Rules or California Rules of Court, the court
may order the case off calendar, proceed to hear the matter on a default basis, proceed under any
condition the court finds proper, award attorney’s fees or impose other appropriate sanctions.
(Effective January 1, 1994
8.18.00 STATUS/TRIAL SETTING CONFERENCE
(Effective January 1, 1994)
8.18.01 DATE, TIME, AND PLACE OF CONFERENCE
Upon the filing of a request for status/trial setting conference pursuant to Rule 8.20.01, the court shall
set the time, date, and place of the conference.
As nearly as possible, such status/trial setting conference shall be held within 30 days of filing of the
request.
(Revised January 1, 2001)
8.18.02 CONTINUANCES BECAUSE OF CONFLICT
In the event any counsel has a conflict with a date specified for status/trial setting conference, said
counsel must notify the court in writing within 15 calendar days of the date of mailing of notice of
Status/Trial Setting Conference by the clerk.
In the event any counsel fails to do so and thereafter request a continuance because of calendar
conflict, said counsel must file a noticed motion, unless otherwise ordered by the court.
(Revised July 1, 2013)
8.18.03 ATTENDANCE
Each attorney attending the Status/Trial Setting Conference shall have a thorough knowledge of the
evidence and shall be prepared to discuss the facts and law pertaining to all issues then pending and
to be resolved at trial.
(Revised January 1, 2012)
8.18.04 RESOLUTION OF ISSUES
The parties are expected to resolve all or as many issues as possible at the time of the status/trial
setting conference. Bifurcation of issues is to be recognized as an expedient manner in which to
accomplish this goal. At the conclusion of the conference the parties shall submit a status/trial setting
conference form approved by the court.
(Revised January 1, 2012)
8.18.05 PARTIES’ ATTENDANCE
Parties are expected to attend the status/trial setting conference unless specifically directed not to do
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so by the court. The court may exempt a party whose residence is more than 100 miles from El
Dorado County from appearing if the party is available on telephone standby and the court and the
opposing party/parties have/has been previously notified by letter.
(Revised January 1, 2001)
8.18.06 SANCTIONS
Sanctions for failure of attorneys or parties to attend the status conference shall be pursuant to Rule
7.12.11.
(Revised July 1, 2013)
8.19.00 STATEMENT OF ISSUES, CONTENTIONS, AND PROPOSED
DISPOSITION OF THE CASE
(Effective January 1, 1994)
8.19.01 FILING DATE
Where a matter is set for contested trial, both parties shall file and serve a “Statement of Issues,
Contentions and Proposed Disposition of the Case” no later than 10 calendar days prior to the
settlement conference or 10 calendar days prior to the trial date, whichever is greater. If both parties
fail to file a statement pursuant to this part, the matter shall be dropped from the trial calendar unless
the statement is waived by both parties and the court at the status/trial setting conference. Failure by
one party will allow the complying party to continue the cause and may result in the imposition of
sanctions. The purpose of the statement is to assist the trial judge, and the time for filing of a
statement may not be extended by stipulation.
(Revised January 1, 2012)
8.19.02 CONTENTS
Statements under this rule shall include a full and complete statement of property, income, and
expenses. Information contained in a filed final disclosure statement as required by Family Code
section 2105 may be incorporated by reference, with a copy of the statement to be attached. The
statement shall set forth the following information in the following order, as it applies to the party
filing, except as hereafter provided:
A. CAPTION. The caption shall contain the date time and department of the trial.
B. STATISTICAL INFORMATION. The length of the marriage, the names and dates of birth of the
minor children and any unusual facts shall be stated.
C. A
GREEMENTS, STIPULATIONS AND ORDERS. Each party shall set out the terms of all pretrial
agreements and stipulations entered into by the parties, and all orders currently in effect.
D. C
USTODY AND VISITATION. Each party shall set forth specific proposals for custody and
visitation of the minor children.
E. SEPARATE PROPERTY. List each item of separate property, the date it was acquired, the basis
upon which it is claimed as separate rather than community property, the current market
value, the nature e, extent, and terms of payment of any encumbrance against the property, the
manner in which title thereto is presently vested, and the record title data.
F. COMMUNITY PROPERTY. List each item of community property, the date it was acquired, the
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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, the
manner in which title thereto is presently vested, and the record title data. Each party shall
propose disposition of community assets in the following format:
ASSET FMV ENCUM NET H W
The values shall be totaled and copies of any appraisals shall be attached. The appraisal shall
be admitted into evidence subject to cross-examination and motions to strike, unless an
objection is filed with the court prior to the trial date. The proposal for the division of
community property shall contain a statement of the party’s position and the facts supporting
it.
G. DEBTS. Separately list all debts and obligations of the parties which are liabilities of the
community and, so far as known, debts and obligations which are alleged to be the separate
liabilities of the respective spouses.
Specify the identity of the creditor, the purpose for which the debt was incurred, the date upon
which the debt was incurred, the balance currently due thereon, the terms of payment, and the
security, if any, held by the creditor. The obligations shall be listed in the following format:
CREDITOR
DATE OF
SEPARATION.
BALANCE
CURRENT
BALANCE
DATE/AND
CURRENT
PAID BY W
DATE/AND
CURRENT
PAID BY H
H. 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 or retirement funds, the statement shall fully identify the policy or fund, including policy,
serial or account numbers, the present values and basis for calculation, and all terms or
conditions imposed upon withdrawal of such funds. If any loans exist against any of these
funds, the details regarding those loans should be set forth.
I. T
RACING. If a segregation of community property and separate property interests in a single
asset is to be an issue in the case, the statement shall set forth in detail, with dates, values, and
dollar amounts, the transactions relevant to the tracing issue, as well as the basis for
computation or proration.
J. PROPOSAL FOR PROPERTY DIVISION. Set forth a proposed equal division of community
property of the parties, giving due consideration to the liabilities, costs, and attorney’s fees.
K. REIMBURSEMENT CREDITS. All issues of reimbursement shall include a discussion of the
applicable law.
L. C
URRENT INCOME AND EXPENSES. Specify and set forth current income and expenses by
completing and filing an income and expense declaration in the form prescribed by the
California Rules of Court.
Previously filed income and expense declarations shall not be considered as compliance with
this requirement.
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M. CHILD SUPPORT. Each party shall set forth a proposal for child support in conformity with
Family Code sections 4051 – 4068 and local guidelines along with the computations upon
which the party relies.
N. S
POUSAL SUPPORT. Any proposal for spousal support shall include a statement of the
appropriate tax consequences, if any, to be considered; a proposal for the duration of support;
and a statement of the factors under Civil Code sections 3651, 3653, 3654, 4320, 4330 – 4339
upon which the party relies to support his or her request.
O. A
TTORNEY FEES. The party requesting an award of attorney fees shall submit a statement of
the time spent, amount charged, amount already paid, and the source of funds.
P. S
ANCTIONS. A party requesting attorney fees and sanctions pursuant to Code of Civil
Procedure section 128.5 and/or Family Code section 271 shall indicate the extent to which
that conduct frustrates the policy to promote settlement and reduce the cost of litigation by
encouraging cooperation.
(Revised January 1, 2012)
8.19.03 MANDATORY SETTLEMENT CONFERENCES IN FAMILY LAW
CASES
A. Prior to the date set for trial, a mandatory settlement conference may be held in all long cause
matters.
B. Other mandatory settlement conferences may be held on the joint request of the parties or on
order of the Court.
C. Trial counsel, the parties, and all persons with full authority to settle the case shall personally
attend the conference, unless excused by the Court for good cause. If any consent to settle is
required for any reason, the person with that consensual authority must be personally present
at the conference, unless excused by the Court for good cause.
D. No later than 10 calendar days before the date set for the settlement conference, each party
shall file an original and 2 copies of a statement of issues, contentions, and proposed
disposition of the case as required by Local Rule 8.19.02 with the court. The opposing party
shall also be served no later than 10 calendar days prior to the settlement conference. The
statement shall set forth a good faith proposal for the disposition of the case.
E. Counsel and the parties must be fully prepared to participate in the conference and must do so
in good faith. The court may impose sanctions for the failure to comply with this rule as
provided by statute and the rules of court.
(Revised January 1, 2012)
8.20.00 CONTESTED TRIALS
(Effective January 1, 1994)
8.20.01 TRIAL SETTING
A Request for Status/Trial Setting Conference shall be filed with the court along with a proof of
service to the opposing counsel/party before any contested case may be set for trial.
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(Revised January 1, 2012)
8.20.02 POST TRIAL JUDGMENT
After a contested trial of one day or less, at which no statement of decision is requested, the party
directed by the court shall prepare the judgment in accordance with the court’s decision, and shall
submit it to opposing counsel for signature under the legend, “Approved as conforming to court
Order.” Opposing counsel shall have 10 calendar days from receipt in which to approve the
judgment. If not so approved, the preparing party may submit the prepared judgment to the trial judge
with a cover letter explaining why it was submitted without such approval and showing that a copy of
said correspondence has been sent to opposing counsel.
After a status-only judgment ordered in open court, the party directed by the court shall prepare the
judgment in accordance with the court’s decision and shall submit it directly to the court for its
approval.
(Revised January 1, 2015)
8.20.03 TRIAL EXHIBITS
A. Counsel
1
shall attempt to meet and confer at least 10 calendar days prior to the start of trial
and shall attempt to present all intended exhibits to be introduced at the trial.
B. Exhibits shall be listed, with petitioner’s exhibits to be listed serially by number, and
Respondent’s exhibits serially by number.
(1) Exhibits to follow shall be marked with appropriate stickers.
(2) On the Exhibit Lists, the opposing party shall indicate by his initials in the appropriate
box if he stipulates to the admission of the exhibit or if he stipulates that the exhibit
does not need a foundation established.
(3) The original of the Exhibit List, and a copy for the judge, shall be delivered to the
clerk before the first witness is sworn.
C. Copies of all exhibits shall be presented to the other party.
D. If more than 10 exhibits, the originals shall be placed on the witness stand in a standard
binder. Exhibits shall be separated by tabbed separators, numbered for petitioner’s exhibits
and Respondent’s exhibits. A party desiring to refer to an exhibit shall refer the witness to the
tab number of that exhibit. A duplicate copy of this binder shall be provided for the use of the
judge during the trial. If there are 10 or less exhibits, the marked exhibits shall be delivered to
the clerk, together with copies for the judge along with an exhibit list.
E. Counsel is advised that if exhibits are tendered at trial that were not premarked and otherwise
handled as set forth above, they must be prepared to show good reason why this was not done.
Sanctions may be imposed.
F. For purposes of the retention, destruction, and return of exhibits, exhibits in family law cases
shall be treated as exhibits in all civil cases. Please refer to Local Rule 7.11.03.
1
Unrepresented parties shall perform the duties of counsel as set forth herein.
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(Revised July 1, 2012)
8.20.04 LONG CAUSE CONTESTED HEARINGS AND TRIAL BRIEFS
Any long cause contested hearing brief or trial brief by either party shall be filed and served at least 5
calendar days before the scheduled long cause contested hearing or trial date. No briefs will be
accepted on the day of the long cause contested hearing or trial.
(Effective January 1, 2012)
8.20.05 MOTIONS IN LIMINE
All motions in limine shall be filed and served at least 5 calendar days before the scheduled long
cause contested hearing or trial date. No motions in limine will be heard on the day of the long cause
contested hearing or trial without good cause.
(Effective January 1, 2012)
8.20.06 COURT REPORTER FEES
In Superior Court, there shall be a court reporter fee as set in the court’s Uniform Civil Fee Schedule. All
parties shall provide, and post, court reporter fees pursuant to Government Code section 68086. Fees
for proceedings lasting less than one hour shall be posted by the moving party at the time of filing.
Fees for proceedings lasting more than one hour, including trials, shall be posted as directed by the
court or at the beginning of any long cause hearing or trial. Failure to provide and post court reporter
fees pursuant to statute and these rules shall be cause for the hearing or trial to be postponed or
continued at the discretion of the court. The court may award attorney’s fees and/or sanctions against
the non-complying party.
(Effective January 1, 2013)
8.21.00 DEFAULT OR UNCONTESTED JUDGMENT
(Effective January 1, 1994)
8.21.01 HEARING
Where a judgment of dissolution is to be obtained by written agreement of the parties after a response
has been filed (uncontested) or by default, judgments should be obtained by declaration without the
necessity of a hearing. However, a hearing may be set upon request of a party or by court order.
(Effective January 1, 1994)
8.21.02 FORMAT OF JUDGMENT
The judgment shall be prepared on Judicial Council form FL-180, and shall comply with the
following provisions:
A. The original of the proposed judgment, including any marital settlement agreement, shall be
submitted to the court clerk.
B. All orders concerning child custody, visitation, child support, spousal support, attorney’s fees,
the division of community property and confirmation of separate property may be set forth
either in the body of the judgment, or in an attached agreement incorporated in the judgment
by reference.
C. No award of child support, spousal support or attorney’s fees shall be granted unless there is
either an attached written agreement between the parties settling those issues, or there is
sufficient information on which a court may base such an award, including an executed and
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fully completed income and expense declaration (with information concerning both parties
where available) attached to and served with the Request to Enter Default.
D. The signature of the judge shall not follow any attached agreement of the parties, but shall be
set forth on the judgment following the orders of the court.
E. All parties and their attorneys of record must sign the Martial Settlement Agreement.
All respondents upon whom default has been taken must have his or her signature
acknowledged by a notary, if not represented by counsel. If only one party is represented by
counsel, the attorney for that party must sign the agreement and the other party must sign a
statement in agreement or a declaration or affidavit that the party has been advised to consult
an attorney regarding the agreement, but declined to do so.
The requirement of acknowledgment by parties not represented by counsel does not apply to
stipulated judgments prepared and submitted by the Department of Child Support Services.
(Revised January 1, 2015)
8.21.03 UNCONTESTED JUDGMENTS GRANTED IN OPEN COURT
After an uncontested judgment to which the parties stipulate in open court, provided the court states
on the record the orders to be included in the judgment, the party directed by the court shall prepare
the judgment in accordance with the court’s orders, and shall submit it to opposing counsel for
signature under the legend, “Approved as conforming to court order.” Opposing counsel shall have
10 days from receipt in which to approve the judgment. If not so approved by opposing counsel, the
preparing party may submit the proposed judgment to the trial judge with a cover letter explaining
why it was submitted without such approval and showing that a copy of said correspondence has
been sent to opposing counsel.
(Effective January 1, 2015)
8.22.00 CONTENTS OF JUDGMENT
(Effective January 1, 1994)
8.22.01 CUSTODY AND VISITATION
Where the judgment is taken by default, and there is no attached written agreement of the parties
concerning custody and visitation, an attached factual declaration shall set forth the following:
A. Where the party is seeking joint custody, what contact with the child the defaulting party shall
have.
B. Where the party is seeking to deny visitation between the child and the defaulting party, the
reasons why visitation should not be ordered.
C. In preparing the declaration, the party shall inform the court when the parties were separated,
who has been the primary caretaker of the child during the immediate past 6 months, and the
extent of contact between the child and the non-caretaker parent during that time.
(Effective January 1, 1994)
8.22.02 CHILD SUPPORT
Where judgment is obtained by default, and there is no attached written agreement concerning child
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support:
A. An attached declaration shall state the effective date of the order sought, the amount of
support sought per child and in total, the net incomes of each party, the name and birth date of
each child, the percentage of time each party has physical custody of the child(ren), the
amount of support as determined in the case of each child by Family Code sections 4051 –
4068.
B. Where a support order is sought and the party to whom support is to be paid is receiving
public assistance, that fact shall be set out in the judgment and support shall be ordered
payable to the Department of Child Support Services.
C. Any written agreement regarding child support shall comply with the provisions of Family
Code section 4063.
(Revised January 1, 2012)
8.22.03 SPOUSAL SUPPORT
The issue of spousal support for each party must be addressed. A support amount may be requested,
support may be terminated, or the issue of support may be reserved. If a request for support is by
default, the party shall attach a declaration stating the effective date of the order, the amount of
support sought, and the net incomes of each party.
(Effective January 1, 1994)
8.22.04 RESTRAINING ORDERS
All restraining orders in a judgment issued pursuant to Family Code section 2045 must be followed
by the date of expiration of such order; good cause for granting such order(s) shall be set forth in
attached declaration(s).
(Revised July 1, 2001)
8.22.05 DIVISION OF COMMUNITY PROPERTY
No division of community property (assets or obligations), or confirmation of separate property, will
be ordered unless there is either an attached written agreement between the parties settling those
issues, or there is a completed property declaration attached to and served with the request to enter
default.
(Effective January 1, 1994)
8.23.00 APPOINTMENT OF COUNSEL FOR CHILD(REN)
(Effective January 1, 1994)
8.23.01 EDUCATION AND EXPERIENCE REQUIREMENTS
A. PURPOSE. This rule is established to insure that attorneys appointed to represent the best
interests of a child in a family law custody and visitation proceeding meet the appointment
requirements of California Rules of Court, rule 5.242.
B. EDUCATION REQUIREMENTS. Prior to being appointed as counsel to represent the best interests
of a child in a custody or visitation proceeding under Family Code section 3150, counsel must
demonstrate that he or she is an active member of the State Bar of California, has professional
liability insurance or demonstrate to the court that he or she is adequately self insured, and
complete at least twelve (12) hours of education and training, including all of the following:
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(1) Statutes, case law and court rules relating to child custody and visitation;
(2) Representation of a child in custody and visitation proceedings;
(3) Special issues in representing a child, including stages of child development;
communication with a child at different stages of development and presenting the
child’s view; recognizing, evaluating, and understanding evidence of child abuse and
neglect, family violence and substance abuse, cultural and ethnic diversity, and gender
specific issues; the effects of domestic violence and child abuse and neglect on
children; and working effectively with multidisciplinary experts.
C. ANNUAL RECERTIFICATION. To remain eligible for appointment, counsel must annually
complete a minimum of eight (8) hours of training in the subjects listed above.
D. DEMONSTRATION OF COMPLIANCE WITH REQUIREMENTS. No later than 10 days after being
appointed and prior to beginning work on a case counsel shall file a declaration with the court
demonstrating compliance with the requirements set forth in California Rules of Court, rule
5.242 and this rule. Counsel may use form FL-322, Declaration of Counsel for a Child
Regarding Qualifications. This form may also be used to demonstrate eligibility for annual
reappointment.
If any disciplinary action is taken by the State Bar of California against an attorney who has
been appointed to represent a child under this rule and California Rules of Court, rule 5.242,
he or she must advise the court within 5 days of the action stating the basis of the complaint,
result, and notice of any reproval, probation, or suspension.
E. EXPERIENCE REQUIREMENTS:
(1) Initial Experience Requirements. To be appointed counsel in a family law proceeding,
counsel must have represented a party or a child in at least 6 proceedings involving
child custody within the previous 5 years. At least 2 of the 6 must have involved
contested custody and visitation issues, and no more than 3 of the 6 may be
dependency or guardianship proceedings.
(2) Alternative Experience Requirements. If an attorney does not meet the initial
experience requirements set forth above, he or she must meet one of the following
alternatives:
a. Be employed by a legal services organization or government agency, or employed by
a private law firm that has previously been approved by the court as qualified to
represent children in family law proceedings and be supervised by an attorney who has
met the initial experience requirements; or
b. Be an attorney working in consultation with a qualified attorney; or
c. Demonstrate substantial equivalent experience to the satisfaction of the court.
(Revised July 1, 2014)
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8.23.02 RIGHTS AND RESPONSIBILITIES OF APPOINTED COUNSEL
FOR A CHILD
Counsel appointed to represent the best interests of a child in a custody or visitation proceeding shall
have the rights and responsibilities enumerated in California Rules of Court, rule 5.242(i), (j) and (k),
in addition to the statutory rights and duties conferred by California law.
(Revised July 1, 2009)
8.24.00 TITLE IV-D CASES (DEPARTMENT OF CHILD SUPPORT)
(Revised January 1, 2015)
8.24.01 DEFINITIONS
As used in this section 8.24.00, the following terms have the following meanings:
A. “Title IV-D” cases are those cases described by Family Code section 4251.
B. “Commissioner” means a person appointed as a Superior Court commissioner.
C. “IV-D Time” means the time spent by a commissioner on Title IV-D cases.
(Effective July 1, 1997)
8.24.02 COMMISSIONER AND TITLE IV-D CASES
A commissioner of this court may sit on Title IV-D cases. The commissioner shall keep track of his
or her IV-D Time.
(Revised July 1, 2013)
8.24.03 POWERS OF COMMISSIONER IN TITLE IV-D CASES
A commissioner shall have all the powers enumerated in Family Code section 4251(d).
(Effective July 1, 1997)
8.24.04 CONTESTED CUSTODY AND/OR VISITATION ISSUES RAISED
IN TITLE IV-D CASES
A commissioner of this court may hear contested custody and visitation issues in his or her capacity
as a commissioner or temporary judge. Said issues shall be severed from the Title IV-D case in which
raised, and tried separately. The time spent on such severed issues shall not be changed as IV-D
Time. This rule is intended to comply with the provisions of Family Code section 4251(e)(3).
(Revised July 1, 2013)
8.25.00 FAMILY LAW FACILITATORS
(Effective January 1, 1998)
8.25.01 OFFICE OF FAMILY LAW FACILITATOR
Each division of the Superior Court shall maintain an office of family law facilitator pursuant to the
provisions of the Family Law Facilitator Act (Family Code Division 14).
(Effective January 1, 1998)
8.25.02 FACILITATOR SERVICES
The family law facilitator shall provide the services as set forth in Family Code section 10004, and
shall act in all types of cases described in Family Code section 10003.
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(Effective January 1, 1998)
8.25.03 ADDITIONAL DUTIES OF THE FAMILY LAW FACILITATOR
The Bench Officer presiding over any case described in Family Code section 10003 may designate
any of the following duties to be performed by the Family law Facilitator:
A. Meeting with litigants to mediate issues of child support, spousal support, and maintenance of
health insurance, subject to Family Code section 10012. Actions in which one or both of the
parties are non-represented by counsel shall have priority.
B. Drafting stipulations to include all issues agreed to by the parties, which may include issues
other than specified in Family Code section 10003.
C. If the parties are unable to resolve issues with the assistance of the family law facilitator, prior
to or at the hearing and at the request of the court, the family law facilitator shall review the
paperwork, examine documents, prepare support schedules, and advise the judge whether or
not the matter is ready to proceed.
D. Assisting the clerk in maintaining records.
E. Preparing formal orders consistent with the court’s announced order in cases where both
parties are non-represented.
F. Serving as a special master in proceedings and making findings to the court unless he or she
has served as a child custody recommending counselor in that case.
G. Providing the services specified in Division 15 (commencing with Family Code section
10100). Except for the funding specifically designated for visitation programs pursuant to
section 669B of Title 42 of the United States Code, Title IV-D child support funds shall not
be used to fund the services specified in Division 15 (commencing with Family Code section
10100).
H. Providing the services specified in Family Code section 10004 concerning the issues of child
custody and visitation as they relate to calculating child support, if funding is provided for
that purpose.
I. In addition to the above duties, the Bench Officer may designate any of the following
additional duties to the family law facilitator:
(1) Assisting the court with research and any other responsibilities which will enable the
court to be responsive to the litigants’ needs.
(2) Developing programs for bar and community outreach through day and evening
programs, videotapes, and other innovative means that will assist non-represented and
financially disadvantaged litigants in gaining meaningful access to family court. These
programs shall specifically include information concerning underutilized legislation,
such as expedited child support orders (Chapter 5 commencing with section 3620 of
Part 1 of Division 9), and preexisting, court sponsored programs, such as supervised
visitation and appointment of attorneys for children.
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(Revised July 1, 2013)
8.25.04 COMPLAINT PROCEDURE FOR FAMILY LAW FACILITATOR
A person wishing to register a complaint against a family law facilitator may do so either verbally or
in writing to the family law commissioner for the session of court (Western Slope or South Lake
Tahoe) in which the services were provided. The family law commissioner will conduct an
investigation, which may include consultation with the staff, the other party, or with the attorneys.
Within 30 days, the family law commissioner will respond to the complainant acknowledging receipt
of the complaint. To the extent possible, the court will complete an investigation of the complaint
within ninety (90) days of receipt.
The complaining party may appeal the family law commissioner’s action to the presiding judge of the
El Dorado Superior Court. The presiding judge may request that the complaint be put in writing.
Within 30 days, the presiding judge will respond to the complainant acknowledging receipt of the
complaint. To the extent possible, the court will complete all appeal investigations of the complaint
within ninety (90) days of receipt.
(Effective July 1, 2003)
8.26.00 ACCESS TO COURT HEARINGS
All litigants, both non-represented by counsel and represented by counsel, shall have ultimate access
to a hearing before the court.
(Revised July 1, 2000)
8.26.01 ACCESS TO CERTAIN FAMILY LAW FILES
Paternity Files and Complaints to Establish Paternity. Only the parties to the action or their attorneys
of record may inspect the file. Copies of documents in the file may be released to the party or the
attorney upon the presentation of proof of identification.
The final judgment is a public record. All other documents are confidential. A person, other than a
party or the attorney of record for a party, seeking copies of other documents in the file must file a
noticed motion setting forth a detailed factual showing constituting good cause.
(Effective January 1, 2012)
8.27.00 FAMILY CENTERED CASE RESOLUTION PROCESS
(Effective July 1, 2013)
8.27.01 AUTHORITY
This rule is intended to implement a family centered case resolution process in conformance with
Family Code sections 2450 – 2451 and California Rules of Court, rule 5.83.
(Effective July 1, 2013)
8.27.02 APPLICABILITY
This rule applies to all dissolution, legal separation, nullity, and parentage cases filed after July 1,
2013.
(Effective July 1, 2013)
8.27.03 STATUS CONFERENCE
A. Upon the filing of any case listed in Local Rule 8.27.02, the court will issue a notice of status
conference and calendar the conference within 180 days after the filing of the petition. The
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petitioner shall serve the notice of status conference on the respondent with the summons and
petition and any other initial papers to be served with the summons and petition.
B. The purpose of the Status Conference is to assess the case early and assist the litigants with
creating a case management plan for resolution of all the issues presented in their cases. The
design of the case management plan will depend on the complexity of the case.
C. On request of either party or on the court’s own motion, the court may set any matter for a
Status Conference.
(Effective July 1, 2013)
8.27.04 ATTENDANCE AT STATUS CONFERENCE
A. All parties must attend the initial Status Conference. If the Department of Child Support
Services is a party to the case, their appearance is not required.
B. Attorneys and self-represented parties shall attend each subsequent Status Conference unless
excused in advance by the court, the case has been dismissed, or a judgment resolving all
issues has been entered.
C. RECONCILIATION. Parties who file a stipulation prior to the Status Conference indicating they
are attempting reconciliation will be exempt from the Status Conference for 6 months. If a
judgment or dismissal is not filed within 6 months of filing of the petition, the court will
proceed with a Status Conference upon notice to the parties.
(Effective July 1, 2013)
8.27.05 STATUS CONFERENCE AND COURT’S ROLE
A. At the Status Conference, the judicial officer will review the case to determine whether it is
progressing towards disposition in a timely and effective manner in accordance with the
milestones, disposition standards, and additional factors set forth in California Rules of Court,
rule 5.83. The judicial officer may take action authorized by California Rules of Court, rule
5.83, including but not limited to setting additional Status Conferences, setting a family
centered case resolution conference, or scheduling the case for further review without
appearances by the parties.
B. Parties must inform the court of the following matters:
(1) The attendance of both parties at family court Services mediation;
(2) The service by both parties of a complete preliminary declaration of disclosure;
(3) The filing with the court of a declaration regarding service of declaration of disclosure
and income and expense declaration;
(4) The readiness of the parties to participate in mediation;
(5) The appropriateness of referral to arbitration;
(6) The willingness of the parties to limit, schedule, or expedite discovery, including the
willingness to provide the opposing party, without a discovery request:
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a. The name, address, and telephone number of each individual likely to have desirable
information that supports the party’s disclosures, and
b. A copy of, or a description by category and location of, all documents, data
compilations, and tangible things that are in the possession, custody, or control of the
party and that supports the party’s disclosures.
(7) The appropriateness of implementation of a family centered case resolution plan
pursuant to Family Code section 2451; and
(8) The willingness of the parties to stipulate to the appointment of court experts, and
allocate the expert’s expense, or to schedule a hearing for the appointment and
expense allocation of court experts.
C. At any Status Conference the court may:
(1) Schedule disclosure of expert witnesses, by stipulation;
(2) Inquire whether issues can be narrowed by stipulation and set dates for the filing of
stipulations;
(3) Set dates for further Status Conferences, as needed, and no less often than every 6
months;
(4) Set dates for other events that must take place before the next Status Conference;
(5) Set the date for trial and/or settlement conferences; and
(6) Take such other action, as permitted by law, which could promote the just and
efficient disposition of the case.
(Effective July 1, 2013)
9.00.00 ADOPTION PROCEEDINGS
(Effective January 1, 1994)
9.00.01 ADOPTION HEARINGS
Adoption hearings will be scheduled at the request of petitioner, on the day and time set by the court
for the hearing of such matters. Petitioner should contact the calendar clerk for scheduling purposes.
All proposed orders, accountings, agreements, consents, and other pleadings required by law shall be
on file prior to scheduling a hearing.
(Revised July 1, 2014)
9.00.02 ACCESS TO ADOPTION FILES
A. Adoption and Related Files (Civil Code sections 232, 7017, Probate Code section 1500).
(1) The attorney of record may have access to the file and may make copies of documents
therein without a court order.
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(2) A party to an adoption may, on written request, receive a “Certificate of Adoption”
from the court clerk. There is no fee for this service. If a party to an adoption wishes to
obtain information from the file other than a certificate of adoption, he or she must
first obtain a court order authorizing release of the information.
(3) A party desiring to access the original birth certificate must petition the Superior Court
of the county in which the petitioner resides pursuant to Health and Safety Code
section 10439. The clerk will send a copy of the petition to the Department of Social
Services, which will provide such information as it may possess. Upon receipt of the
information from DSS, the petition will be set for hearing and the petitioner will be
notified of the date and time set for hearing.
(4) Any person, other than a party, requesting information from a sealed adoption file
must petition the court, setting forth a detailed factual showing sufficient to establish
good cause. For the purposes of this rule, the “good cause” required to be shown shall
be tantamount to necessity. After the petition has been filed, the matter shall be set for
hearing.
(Effective January 1, 2012)
10.00.00 PROBATE PROCEEDINGS
(Revised July 1, 2014)
10.00.01 PROBATE CALENDAR AND TENTATIVE RULING SYSTEM
A. PROBATE CALENDAR. The probate calendar shall be heard pursuant to the scheduling
established by the Superior Court in the department assigned by the presiding judge.
B. TENTATIVE RULING SYSTEM – DEPARTMENT NINE
(1) The Superior Court will operate a tentative ruling system for matters set on the
regularly scheduled probate calendar. Most matters on this calendar will not be heard
on the probate calendar date. Only those maters where the tentative rulings mandate
appearances will there be oral argument. These will generally be limited to the matters
specified in Local Rule 10.0.04. Oral argument in all other matters will not be
permitted, unless hearing is requested at the time the matter is scheduled on the
probate calendar.
(2) Uncontested matters seeking approval of petitions, reports and accounts will have a
ruling granting, denying or a qualified grant or denial. No appearances will be required
on these matters and no hearing will be held, if a proposed order is submitted prior to
hearing, unless the court mandates the appearances are required in the ruling.
(3) Nothing in this rule is to be construed as prohibiting counsel from attending the
hearing of the probate calendar for any reason, even if their appearance is not required.
(4) The tentative ruling and written rationale can be obtained via the Internet on the El
Dorado County Superior Court web page at www.eldoradocourt.org on the court day
preceding the date the matter is set on the probate calendar. The written rationale, if
appropriate, can be viewed on the web page by clicking on the “Tentative Rulings”
link and you will find the tentative rulings listed by department and calendar date.
Simply click on the tentative rulings for the assigned department and then click on the
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date you wish to view.
(5) The tentative ruling and written rationale, if appropriate, will also be posted outside
the assigned department for viewing on the court day preceding the date the matter is
set on the probate calendar.
(6) In matters where no oral argument hearing is set in the tentative ruling, the tentative
ruling will become the order of the court at the time and date the matter is set on the
probate calendar, unless oral argument has been requested during the scheduled time
for the probate calendar and that request was granted.
(7) There will be no continuances of matters on the probate calendar, nor will a matter be
dropped from the probate calendar at the request of a party, once a tentative ruling has
been released.
(8) No copies of tentative rulings will be provided to counsel, either in fax form or in
writing.
(Revised January 1, 2011)
10.00.02 FILING OBJECTIONS OR CONTINUANCES
Objections to a matter on the probate calendar shall be asserted at the hearing or filed and served by
mail on the attorney for the petitioner 5 days prior to the hearing. If the petitioning party has not been
timely served with the objections and is not present at the hearing or requests a continuance, the
matter will be continued for one week only. Written objections, if not already filed and served, shall
then be filed and served 2 days prior to the continued hearing date.
(Effective January 1, 1994)
10.00.03 CONTINUANCES
Unless formal objections have been filed, the petitioning party may request a continuance by
contacting the court, in writing, no later than 1:00 p.m. the day before the hearing. The continuance
shall be to a date certain and shall be confirmed promptly by the clerk.
(Revised January 1, 2015)
10.00.04 MATTERS REQUIRING APPEARANCES
The following probate matters require appearance of counsel or parties at the hearing, unless notified
by the court.
A. Application for appointment of guardian or conservator.
B. Termination of guardianship or conservatorship, other than by death of the minor or
conservatee, or the minor attaining the age of majority.
C. Confirmation of sale of real or personal property.
D. Contested matters.
E. Other matters at the request of the court.
(Effective January 1, 1994)
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10.00.05 PREPARATION OF ORDERS
An order or judgment not presented for signature at the time of the hearing should be presented
within 5 days thereafter and shall include in the first paragraph a recitation of the date of the hearing.
Such order or judgment shall be dated as of the date heard with an additional blank for the date of the
signature.
(Effective January 1, 1994)
10.00.07 PROOF OF ROUTINE MATTERS
The Probate Code requires a verified petition to be received as evidence in an uncontested
proceeding. Evidence by written declaration is preferred to oral testimony on the regular calendar.
(Effective January 1, 1994)
10.00.08 WAIVER OF RULE
For good cause shown, the court in probate proceedings may waive the applications of any Local
Rule in a particular case.
(Effective January 1, 1994)
10.01.00 NOTICES
(Effective January 1, 1994)
10.01.01 PROBATE HEARING ONCE NOTICED CANNOT BE ADVANCED
When a hearing on a probate matter has been noticed, or when it has been noticed and continued to a
definite date, the matter cannot be heard before the date set, regardless of the filing of a new petition,
an amended petition, a new notice, or otherwise.
(Effective January 1, 1994)
10.01.02 REQUIREMENTS FOR GIVING NOTICE OF PROCEEDINGS IN
THE PROBATE COURT
Notice of the hearing of petitions, accountings, motions, and other matters in the probate court must
be served on the interested parties within the time specified by statute for the petition, accounting,
motion, or other matter to be determined by the court. If any other instruments or documents are to be
presented by amended petition, a second petition, amended account, supplemental account, an
amended motion, second motion, or otherwise, a new notice of hearing and copies of the amended or
supplemental petitions, accountings, motions, or documents must be served on the interested parties.
The new notice of hearing shall not set the hearing on a date earlier than that set in the original notice.
(Revised January 1, 2014)
10.01.03 SUBSTITUTED SERVICE
A. Where personal service is required by the Probate Code or these rules, substituted service may
only be used with the court’s prior approval.
B. Substituted service by publication will not be authorized by the court until an affidavit or
declaration of the failure of attempted service by other methods of substituted service has
been filed.
(Effective January 1, 1994)
10.01.04 ADDITIONAL NOTICE IN COURT’S DISCRETION
Under the provisions of Probate Code section 1202, the court may require additional notice in any
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matter. Ordinarily, such notice will be required whenever it appears that the interest of any person
may be adversely affected by the determination of the issue raised by the pleading.
(Revised January 1, 2012)
10.02.00 APPOINTMENT OF EXECUTORS AND ADMINISTRATORS
(Effective January 1, 1994)
10.02.01 SPECIAL LETTERS, NOTICE, AND APPOINTMENT
A. An ex parte petition for special letters of administration ordinarily will not be granted without
notice to the surviving spouse, the person nominated as executor, any other person having
priority, and any other person the court determines to be equitably entitled to notice.
B. When appointing a special administrator, preference will be given to the person entitled to
letters testamentary or of administration. If it appears that a bona fide contest exists between
these persons, the court will consider the appointment of a neutral party as special
administrator.
(Effective January 1, 1994)
10.02.02 CORPORATE AND INDIVIDUAL CO-REPRESENTATIVES
A corporate representative cannot assume responsibility for the acts of its individual co-
representative who must provide bond as required by law. Any deposit made under the provisions of
the Financial Code for the purpose of reducing bond must be made jointly by the corporate and
individual co-representatives.
(Effective January 1, 1994)
10.02.03 AMOUNT OF BOND
If the bond is insufficient at any time, the party or his or her attorney shall immediately obtain and
file an additional bond to make the amount of the bond sufficient. The amount of the bond is
sufficient if it equals or exceeds the sum of the estimated value of personal property and the probable
annual gross income of the estate not including property deposited in accounts from which
withdrawals require court authorization. If full authorization under the Independent Administration of
Estates Act has been granted, a sufficient bond shall also include the estimated net value of real
property.
(Revised January 1, 2012)
10.02.04 DEPOSIT OF PERSONAL PROPERTY FOR REDUCTION OF
BOND
When an order restricting withdrawals and reducing bond is obtained under Probate Code section
8483, a receipt of the depository acknowledging the restrictions on withdrawal must be filed within
10 days of the order or if the property to be deposited is not then in the possession of the personal
representative, within 10 days of receipt of the property by the personal representative. The court
shall continue the matter on calendar to confirm filing of the receipt of the depository.
(Revised January 1, 2012)
10.02.05 MULTIPLE REPRESENTATIVES
When multiple representatives are appointed by an order, which directs that “letters shall issue to
them,” the clerk will not allow less than all to qualify.
(Effective January 1, 1994)
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10.02.06 PROOF OF WILLS BY AFFIDAVIT OR DECLARATION
A. The court prefers that both formal witnessed wills and holographic wills be proven by
affidavit or declaration rather than by testimony.
B. Proof as to the admissibility of each testamentary document must be submitted; except that in
the event there is a codicil, which expressly republishes the will, proof of the execution of the
codicil may be deemed sufficient.
C. The copy of the will attached to the proof of subscribing witness must be certified by the
attorney of record or by endorsement of the clerk of the court.
D. Self-proving wills need no additional proof unless requested by the court.
(Effective January 1, 1994)
10.02.07 PETITION FOR LETTERS WHERE BOND IS REQUIRED
A petition for letters where bond is required must set forth sufficient information to form a basis for
fixing bond. This includes information regarding encumbrances on real property where full powers
under the Independent Administration of Estates Act are sought.
(Effective January 1, 1994)
10.02.08 LISTING HEIRS, DEVISEES, EXECUTORS, AND FIDUCIARIES
IN PETITIONS
Petitions for letters testamentary or of administration shall include a list of the names of the following
persons:
A. All named executors, including alternate executors;
B. All heirs and devisees, including:
(1) Deceased and contingent devisees, except those contingent devisees whose interests
have been clearly precluded by survivorship provisions in the will.
(2) Devisees shall be listed even if the interests of such persons appear to have been
revoked by a subsequent will or codicil.
(3) Persons who are potentially intestate heirs under Probate Code section 6147, 6402.5,
and 6408. This includes persons whose interests are dependent on characterization of
property as community or separate.
C. Fiduciaries named in a will or codicil presented for probate, including all nominees as trustee,
guardian, or alternates thereof.
(Revised January 1, 2012)
10.02.09 AGE, ADDRESS, AND RELATIONSHIP
The petition shall also include the following with respect to persons required to be named in Local
Rule 10.02.08:
A. The address, including the residence number, street, city, state, and zip code, or post office
box number customarily used for residence mailing purposes;
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B. The relationship of the person to the decedent;
C. The age of the person; except that a person over the age of eighteen (18) may simply be
designated as an adult unless the person’s age is relevant to the person’s interest in the estate.
(Revised July 1, 2014)
10.02.10 INFORMATION REQUIRED OF PERSONAL
REPRESENTATIVES UPON ACKNOWLEDGEMENT OF DUTIES
The driver’s license numbers of personal representatives (other than public officers or trust
companies) shall be provided in the receipt of the acknowledgement of duties and liabilities required
by Probate Code section 8404. These numbers shall be kept confidential and shall not be made
available for public inspection without a court order.
(Revised January 1, 2012)
10.03.00 MOTIONS, PETITIONS, AND ORDERS
(Effective January 1, 1994)
10.03.01 CAPTIONS
The caption in each petition or motion filed in a probate matter shall identify each matter requiring
action by the court.
(Effective January 1, 1994)
10.03.02 PETITION TO SUPPORT EX PARTE ORDER
An ex parte order will not be granted unless accompanied by a petition, affidavit, or declaration
(where applicable) in support thereof.
(Effective January 1, 1994)
10.03.03 ORDERS TO BE COMPLETE IN THEMSELVES
All orders and judgments in probate matters must be complete in themselves. All matters actually
passed on by the court, including the relief granted, the names of persons and descriptions of property
(including assessor’s parcel number and specific legal description), amounts of money affected, the
terms of trusts, and the provisions of leases or other agreements must be set forth with the same
particularity that is required in judgments in civil matters.
(Effective January 1, 1994)
10.03.04 NUNC PRO TUNC ORDERS CORRECTING CLERICAL ERRORS
A. If, through inadvertence, the minute order or the signed decree fails to state the order actually
made by the court, the court will, on motion, make a nunc pro tunc order correcting the
mistake. Such a motion must normally be supported by an affidavit or declaration.
B. If the nunc pro tunc order does not take the form of a completely amended order reflecting its
nunc pro tunc character, it should be substantially in the following form:
“On motion to correct a clerical error, the (identify the order to be corrected, giving the title
and date thereof) is corrected by striking the following: (here set out the matter to be
eliminated) and by inserting in lieu thereof the following: (here set out the correct matter).”
C. To prevent errors, not less than a complete clause or sentence should be stricken, even if it is
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intended only to correct one word or a figure.
(Effective January 1, 1994)
10.03.05 WITHDRAWAL OF ATTORNEY OF RECORD
A. If an attorney wishes to withdraw as attorney of record in a probate proceeding, the attorney
must have a citation issued and personally served directing the representative to appear before
the court to show cause why the petition or motion should not be granted.
B. All motions or petitions to withdraw as counsel must contain an affidavit or declaration
stating the client’s last known address. Whenever the affidavit or declaration shows that
counsel is unable to locate the client, after making diligent effort, the client must be served in
compliance with Code of Civil Procedure section 1011(b).
C. Motions for withdrawal of the attorney require service of the notice of hearing and petition by
mail as follows:
(1) In decedent’s estate proceedings, 15 days by mail to all heirs and devisees and to all
persons having requested special notice;
(2) In conservatorship or guardianship proceedings, 15 days by mail to all persons who
are required to be noticed in the petition for appointment and to all persons having
requested special notice.
(Revised January 1, 2012)
10.03.06 ESCHEAT PETITIONS
A. A genealogy chart must be attached to the petition showing the relationship of the claimant to
the decedent and all heirs of the decedent, including deceased heirs who have or would have
had standing to inherit equal to or greater than that of the claimant.
B. A copy of the decree of distribution must be attached to the petition.
C. All documentary evidence in support of the petition must be on file at the time the matter is
calendared for hearing.
D. In the absence of satisfactory proof that the petitioner(s) has (have) sole entitlement to the
escheated property, payment of all of the property shall not be ordered until after expiration of
the time to file claims.
(Effective January 1, 1994)
10.03.07 LODGING OF ORIGINAL WILL AND PROOF IN SUMMARY
PROCEEDINGS
A. In any proceedings pursuant to Probate Code sections 13150, 13200, and 13650, wherein the
successor in interest is determined by a will, the court will require proof that the original will
is on file with the clerk of the court (Probate Code § 8200).
B. Proof of the will in the above proceedings must be submitted in conformance with the
requirements of Probate Code section 8220, et seq.
(Revised July 1, 2014)
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10.04.00 CREDITORS’ CLAIMS
(Effective January 1, 1994)
10.04.01 CLAIMS OF EXECUTORS AND ADMINISTRATORS FOR
PERSONAL SERVICES
Where the claim is for $1,000, or more, the claim of a personal representative, based on personal
services rendered to the decedent, will not be approved by the court until a hearing has been held. At
least 15 days’ notice thereof shall be given to all affected beneficiaries and heirs.
(Effective January 1, 1994)
10.04.02 APPROVAL OF FUNERAL CLAIMS
A. Funeral expenses (including the cost of interment, interment plot, endowment care, and a
suitable monument) proportionate to value of decedent’s assets, and in keeping with the
standard of living adopted by the decedent prior to his or her death, or as provided in the will,
will be approved by the court. The burden of proof as to the reasonableness of the claim for
funeral expenses is on the personal representative.
B. When interest has been paid in connection with the delayed payment of a claim for funeral
expenses, a specific reason for the delay must be made in the report accompanying the
account in which credit for such payment has been taken.
(Effective January 1, 1994)
10.04.03 PROOF OF SERVICE ON REJECTED CLAIMS
Proof of service of the rejection of any claim under Probate Code section 9250 must also be filed
with a copy of the notice of rejection.
(Effective January 1, 1994)
10.05.00 SALES
(Effective January 1, 1994)
10.05.01 BROKER’S COMMISSION ON SALE OF REAL PROPERTY
Upon the confirmation of the sale of real property, a broker’s commission in excess of the amounts
set forth in the following schedule will not be allowed:
Improved property 6%
Unimproved property 10%
(Effective January 1, 1994)
10.05.02 LISTING AGREEMENT
Statutory provisions concerning listing agreements for the sale of real property are set forth at Probate
Code section 10150, et seq. A petition for authorization to enter into a listing agreement submitted for
court approval must be accompanied by a copy of the proposed agreement. Personal representatives
with authority under the Independent Administration of Estates Act need not submit proposed listing
agreements to the court for approval.
(Revised January 1, 2012)
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10.05.03 NOTICE AND HEARING ON CONFIRMATION OF SALE OF
REAL PROPERTY
A 10% deposit in the form of cash or certified check must be submitted at the hearing in order for a
person to bid on real property.
(Revised January 1, 2012)
10.06.00 – 10.06.99 RESERVED FOR FUTURE USE
10.07.00 ACCOUNTS, FEES, AND DISTRIBUTION
(Revised July 1, 2014)
10.07.01 INVESTMENT PERFORMANCE INFORMATION
A. This rule shall apply only to conservatorship, guardianship, and trust estates which have an
estimated fair market value of $100,000, or more, exclusive of any residence in which a
conservatee, ward, or beneficiary resided for at least one-half of the term of the accounting.
B. The schedule of the property on hand at the end of the accounting period must reflect both the
carried value and the estimated market value of all assets (a good faith estimate of value will
suffice; formal appraisals are not required).
C. The report shall include the rate of return on each investment in excess of $10,000.
(Effective January 1, 1994)
10.07.02 WAIVER OF ACCOUNT (DECEDENT’S ESTATES)
A. The detailed accounting may be waived when all residuary beneficiaries and other distributees
whose interests may be affected by the account have waived the accounting. Such waiver
shall be in writing and filed with the court either as part of the petition or separately.
B. Even though an account has been waived, the report must set forth any gain or loss on sale of
property.
(Effective January 1, 1994)
10.07.03 COMPENSATION MUST BE STATED
A. In a petition for distribution, whether or not accompanied by an accounting, there shall be a
calculation of the statutory compensation of the personal representative and the attorney.
B. Use of a schedule in substantially the following form is recommended (California Rules of
Court, rule 7.705):
AMOUNT OF ESTATE ACCOUNTED FOR AND COMPUTATION OF
STATUTORY FEES AND COMMISSIONS
Amount of Estate Accounted For
Inventory and appraisal $_________
Receipts, excluding principal (Schedule A) $_________
Gains on sales (Schedule B) $_________
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SUBTOTAL
$_________
Less Losses on sales (Schedule D) $_________
TOTAL ESTATE ACCOUNTED FOR
$_________
Computation of Statutory Fees and Commissions
Four percent (4%) on first $100,000 ($______)
2
$_______
3
Three percent (3%) on next $100,000 ($______) $________
Two percent (2%) on next $800,000.00 ($______) $________
One percent (1%) on the next $9 million ($______) $________
Half of one percent (1/2%) on the next $15 million ($______) $________
Plus a reasonable amount to be determined by the
court for any remainder over $25 million ($______) $_________
TOTAL ($________) $_________
C. When an account has been waived, computation of commissions and fees shall be based on
the inventory values plus gains and less losses. Receipts will not be considered in the
computation of commissions and fees unless a schedule of receipts is submitted in the report.
(Revised July 1, 2013)
10.07.04 ALLOWANCE ON ACCOUNT OF COMPENSATION
An allowance on account of compensation shall be in accordance with the work actually completed.
Until the final account is settled, the total amount of statutory compensation cannot be fixed, and any
allowance made prior to that time must be low enough to avoid the possibility of overpayment.
Except for good cause shown, the last 25 percent of the statutory compensation will not be allowed
prior to the approval of the final account and the judgment of distribution.
(Revised January 1, 2012)
10.07.05 FEES OR COMMISSIONS TAKEN IN ADVANCE
A. Commissions and fees in decedent’s estates, guardianships, and conservatorships shall not be
paid from the estate prior to court authorization.
B. In trusts subject to continuing court jurisdiction, trustee’s fees shall not be paid prior to court
authorization unless payment without prior court order is expressly authorized in the trust
instrument. The court may prospectively authorize a trustee to take fees quarterly but not in a
total amount exceeding three quarters of the expected annual fees. Under no circumstances
shall trustee’s fees be paid prior to performance of the services to which they relate.
(Effective January 1, 1994)
2
Enter in this column the amount of the estate accounted for in each category.
3
Enter in this column the product of the amount of the estate accounted for in each category
multiplied by the percentage for that category.
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10.07.06 COSTS
The cost of long distance telephone calls and unusual amounts of photocopies and postage, if
properly itemized, shall be allowed as costs of administration.
(Effective January 1, 1994)
10.07.07 DESCRIPTION OF PROPERTY DISTRIBUTED
A. The petition for distribution, as well as the judgment of distribution, shall list and describe all
property, including the assessor’s parcel number and specific legal description of real property
to be distributed. In case of intestacy: (1) where the decedent leaves a surviving spouse, the
petition shall allege whether the property is community or separate; and (2) where distribution
is to be made pursuant to Probate Code section 6402.5, the source of the property shall be
alleged.
B. A supplemental account must be presented if assets in excess of $1,000 or more are withheld
from initial final distribution, unless the account has been waived.
(Revised January 1, 2012)
10.07.08 PETITION TO INCLUDE PROPOSED DISTRIBUTION
Details of the proposed distribution shall be set forth either in the body of the petition or by
attachment. Terms of the will as to disposition of property and what is to be distributed under the
laws of intestate succession shall be set forth.
(Effective January 1, 1994)
10.07.09 AGREEMENTS FOR DISTRIBUTION
A. If the distributees seek a distribution in a manner other than that provided by the will or by the
laws of intestate succession, a written agreement must be filed in the probate proceeding or
consent thereto endorsed on the petition. The order of distribution shall include reference to
the assignment, agreement or disclaimer, which is the basis for the distribution.
B. A minor distributee or other distributee under disability must be represented by his or her
legal representative; and prior court approval of the agreement, assignment, or disclaimer
must be obtained if the distributee is subject to a guardianship or conservatorship.
(Effective January 1, 1994)
10.07.10 DISTRIBUTION TO MINORS
A. The court will permit distribution of personal property to parents of a minor, if the minor is
entitled to receive the property under the provisions of Probate Code section 3401. The decree
should indicate that the distribution is made pursuant to Probate Code section 3401. An
affidavit or declaration complying with the terms of Probate Code section 3401, or an
appropriate order under Probate Code section 3401, must be on file prior to signing the
decree.
B. In all other cases, the property must be distributed to the minor with a direction in the decree
that the property be distributed, pursuant to Probate Code section 3410, et seq., to the legal
guardian of the minor or a duly appointed custodian under the California Uniform Transfers
to Minors Act. The guardian, custodian, or depository shall sign the distributee’s receipt.
(Revised January 1, 2012)
10.07.11 DOCUMENTS TO BE ON FILE BEFORE HEARING FOR
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DISTRIBUTION
Where a guardian of a minor must be appointed, or affidavits or declarations are required under
Probate Code sections 3401 or 13101, or proceedings are had under Probate Code section 3410, et
seq., the guardian must be appointed or such affidavits or declarations, or a certified copy of the order
made under Probate Code section 3410, et seq., shall be filed prior to the hearing on the petition for
distribution. When distribution is to be made to a testamentary trustee, the consent of the trustee to
act must be filed prior to the hearing on the petition for distribution.
(Revised January 1, 2012)
10.07.12 PETITION FOR FINAL DISTRIBUTION
A. Petitions for final distribution must include a report of the following:
(1) The character of all assets as separate or community where there is a surviving spouse;
(2) All capital transactions and other actions taken under the Independent Administration
of Estates Act, including the amounts of any gains or losses;
(3) Disclosure of liabilities and other matters necessary to show the condition of the estate
(Probate Code § 10900);
(4) Allegations in compliance with California Rules of Court, rule 7.403 (Listing all
claims in the final report); Rule 7.702 (petition for extraordinary compensation) and
7.705 (Calculation of statutory compensation); Rule 7.651 (Description of property in
petition for distribution); and Rule 7.652 (Allegations in petition for distribution
concerning character of property);
(5) That no federal or California estate taxes are payable or that they have been paid;
(6) That income taxes and all other taxes (e.g., supplemental real property or personal
property taxes, if any) have been paid or otherwise provided for;
(7) Whether surplus cash was kept in interest bearing accounts (Probate Code § 2624).
B. If estate taxes are payable or paid: (1) the petition shall set forth whether said taxes were
prorated pursuant to Probate Code sections 970/20100, et seq., or the provisions of the will;
and (2) the petition must reflect whether or not there are non-probate assets includable in the
gross estate for estate tax purposes.
(Revised July 1, 2013)
10.07.13 SPOUSAL PROPERTY ELECTION
Formal probate of community, quasi community, or separate property passing or confirmed to a
surviving spouse in a decedent’s estate pursuant to Probate Code section 13502 must be supported by
a written election expressly indicating a consideration of the alternative procedures available pursuant
to Probate Code section 13650. Written elections pursuant to Probate Code section 13502 shall
contain an express acknowledgement that the inclusion of property passing to or belonging to the
surviving spouse in the probate estate could result in additional appraisal fees, commissions, and
attorney fees.
(Revised January 1, 2012)
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10.08.00 JOINT TENANCIES AND LIFE ESTATES
(Effective January 1, 1994)
10.08.01 PROCEEDINGS MUST BE IN NAME OF DECEDENT
A petition to establish the fact of death must be filed in the name of the deceased person whose
interest has been terminated.
(Effective January 1, 1994)
10.08.02 SEPARATE PETITION PREFERRED
Probate Code section 202 authorizes a petition to establish fact of death to be included in a verified
petition for probate of will or for letters of administration. However, attorneys are encouraged to file
a separate petition under the same number in order to avoid administrative difficulties. No such
separate petition may be filed after the filing of a petition for final distribution; and, if a petition to
establish fact of death is then filed, it should be in a new proceeding under a new number.
(Revised January 1, 2012)
10.09.00 GUARDIANSHIPS AND CONSERVATORSHIPS – GENERAL
PROVISIONS
10.09.01 APPOINTMENT OF TEMPORARY GUARDIAN OR
CONSERVATOR
A. On or after filing a petition for appointment of a guardian or conservator, any person entitled
to be a guardian or conservator may be appointed as temporary guardian or conservator of the
person or estate or both. An endorsed copy of the petition for appointment of a general
guardian or conservator shall be submitted with the application for a temporary guardian or
conservator.
B. An endorsed copy of the Petition for Temporary Guardian or Conservator (Judicial Council
forms GC-110 or GC-111) shall be served upon the court investigator along with a citation
appointing the court investigator to conduct an investigation regarding guardianship (local
form available) or conservatorship (Judicial Council form GC-330).
C. Requests to dispense with notice of a temporary guardianship or conservatorship petition
under Probate Code section 2250 shall be supported by a written declaration setting forth with
specificity all facts showing good cause therefore. If a noticed hearing is required the court
will set the matter for hearing.
D. The Notice of Hearing (Judicial Council form GC-020) and a copy of the petition shall be
personally served at least 5 days before the date of hearing on the conservatee or on the
minor, if the minor is 12 or older. If the petition is by a person other than a parent, and if a
parent or parents of the minor is or are living, notice of hearing and a copy of the petition
should be served personally on such parent or parents at least 5 days before the date of
hearing. The court may require notice to other persons or may waive notice for good cause.
(Revised July 1, 2013)
10.09.02 GUARDIAN’S AND CONSERVATOR’S BONDS
A. Except when the provisions of Probate Code section 2323 apply, the policies of the court with
reference to bonds in decedents’ estates set forth in Local Rules 10.02.03 and 10.02.04 shall
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be followed in guardianship and conservatorship proceedings. Under Probate Code section
2323, the court may dispense with the requirement of a bond.
B. If assets are ordered blocked, a written receipt shall be obtained from the depository
acknowledging that principal and earnings shall not be withdrawn without prior court order.
The receipt will be filed within 10 days of deposit. The court shall set a hearing to determine
that the deposit has been made and the receipt filed.
(Revised January 1, 2012)
10.09.03 ALLOWANCE OF FEES IN GUARDIANSHIPS OR
CONSERVATORSHIPS
A. The guardian or conservator or the attorney for the guardian or conservator may petition the
court to determine fees in the manner authorized by Probate Code section 2640, et seq. The
petition shall specify the services rendered and the fees requested. The title of the petition
embodying such application and the notice of hearing shall include a reference to the request.
B. The petition shall include a description of the service, time expended, and requested
compensation for each service. The court may require additional detailed documentation
showing for each date the services performed and the time expended.
(Revised January 1, 2012)
10.09.04 INVESTMENT BY GUARDIAN OR CONSERVATOR
A. The standard set out in Probate Code section 16040 (providing for investments by trustees)
will be the standard applied by the court in authorizing proposed investments by guardians or
conservators. The court does not act as an investment counselor but suggests that investments
should be prudent and in keeping with the size and character of the ward’s or conservatee’s
estate. Investments in existence at the time of the creation of the guardianship or
conservatorship usually may be maintained.
B. The court will not ordinarily authorize the investment of the ward’s or conservatee’s funds in
unsecured loans, secured loans to a near relative, bonds, or obligations of foreign
governments or corporations, or debenture bonds except those which are part of a large issue,
well seasoned, and readily marketable.
C. Investments in real estate, either by purchase or encumbrance, will not be authorized unless
supported by an appraisement by the probate referee regularly appointed in the guardianship
or conservatorship estate. It is preferred that the guardian or conservator be authorized to
purchase real estate for cash only.
D. Purchase of life insurance on the minor ward's life will not ordinarily be authorized.
(Revised January 1, 2012)
10.09.05 INVESTMENT PERFORMANCE REPORT
Each accounting of a guardian or a conservator shall be accompanied by a report containing the
guardian’s or conservator’s investment objectives and results with reference to the needs of the ward
or conservatee and shall explain why the estate suffered any loss or held unproductive property. (See
Local Rule 10.07.01.)
(Revised January 1, 2012)
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10.09.06 WAIVER OF ACCOUNT
A. If Probate Code section 2628 (public benefit payments) is applicable, the guardian or
conservator may petition the court for an order dispensing with accounts. Ex parte petitions
pursuant to Probate Code section 2628 will not be granted.
B. A final report setting forth the assets on hand shall be filed upon termination of a guardianship
or conservatorship even when accounts have been waived.
(Revised January 1, 2012)
10.09.07 ADDITIONAL POWERS
On the petition of the guardian or conservator at the time of appointment or later, the court may grant
additional powers to the guardian or conservator as authorized by Probate Code sections 2590 and
2591. Such powers are not automatically granted; and, when requested, sufficient reasons must be
shown for their necessity. The court will grant only those additional powers necessary or proper
under the specific circumstances of each case. Any powers so granted must be set forth at length in
the order and in the Letters of Guardianship or Conservatorship.
(Revised January 1, 2012)
10.09.08 ACCOUNTS
A. The first account shall be filed on or before the anniversary date of the order appointing the
guardian or conservator; and subsequent accounts shall be filed at least biennially thereafter.
The first account shall be for a minimum period of nine (9) months from date of appointment.
B. Where there are multiple wards joined in a single guardianship proceeding, an account shall
reflect a separate accounting for each of the respective wards.
C. Along with each account, the current address of the conservatee and conservator, or guardian
and ward shall be filed with the court.
D. Pursuant to Probate Code section 2620(c)(8), the court shall retain all documents lodged with
it until the court’s determination of the guardian’s or conservator’s account has become final,
at which time the supporting documents shall be returned to the depositing guardian or
conservator, or delivered to any successor appointed by the court.
(Revised January 1, 2014)
10.09.09 IDENTIFYING NUMBERS
Driver’s license number of the conservator, conservatee, guardian, or ward shall be presented to the
probate investigator’s office on request. Social security number may be requested provided the
individual is informed that disclosure is voluntary. These numbers are to be used by the investigator’s
office for the performance of investigatory duties only and will not be disclosed to third persons
without prior court authorization.
(Effective January 1, 1994)
10.09.10 VERIFIED DUTIES OF CONSERVATOR AND
ACKNOWLEDGEMENT
Prior to the hearing on a conservatorship petition, the proposed conservator shall execute and file the
verified Duties of Conservator and Acknowledgement of Receipt of Handbook for Conservators form
(Judicial Council Form GC-348).
(Revised January 1, 2012)
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10.10.00 GUARDIANSHIPS OF MINORS
(Effective January 1, 1994)
10.10.01 APPOINTMENT OF GUARDIAN OF MINOR
A. The attorney for the petitioner shall be responsible for the mailing of all required notices. If
there are no relatives within the second degree, the petition shall so allege. A copy of the
petition shall accompany each notice of hearing.
B. At the time of filing the petition for appointment, the attorney for the petitioner shall file a
notification to the court of address on conservatorship or guardianship.
C. All petitions for appointment shall be set for hearing no sooner than 30 days after filing.
D. There shall be no ex parte appointment of a permanent guardian.
E. Petitions for guardianships shall contain an allegation as to whether or not the minor(s) has
been or is a party to a civil action in which monetary damages are claimed. If the minor(s) is
such a party, the file number of the action must be indicated, as well as the name of the county
in which the case is pending.
(Effective January 1, 1994)
10.10.02 HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN
OF NON-RELATIVE MINOR
A petition for appointment of guardian of a minor shall be set for hearing, and notice of hearing
thereon shall be given as provided in Probate Code section 1511, subject to the exceptions stated
therein.
(Revised January 1, 2012)
10.10.03 EFFECT OF OTHER PROCEEDINGS
A guardianship of the person will not be granted by the probate court under any of the following
circumstances: (a) family law court has jurisdiction over custody of the proposed ward; (b) adoption
proceedings are pending; or (c) the minor is subject to the jurisdiction of the juvenile court.
(Effective January 1, 1994)
10.10.04 DUTIES OF GUARDIAN – SUPPORT BY PARENTS
Guardianship funds shall not be used for a minor’s support, except upon a showing of the parents’
financial inability or other circumstances which would justify the same. If there is a claim that the
parents lack financial ability to provide support, the parents shall file Family Law Income and
Expense Declaration (Judicial Council form FL-150) and Property Declaration (Judicial Council form
FL-160).
(Revised July 1, 2013)
10.10.05 FINAL ACCOUNT AND REPORT
A. Waiver of guardian’s final account will be permitted for good cause. The final account shall
be set for hearing no sooner than 20 days after filing.
B. Waiver of a guardian’s account by a ward who has attained the age of majority will not be
accepted unless the ward personally appears and confirms the waiver or a written waiver by
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the ward is filed which includes a complete list of the assets to be distributed to the ward.
C. The final report and/or account shall include a description of the remaining assets on hand to
be distributed to the ward.
(Effective January 1, 1994)
10.10.06 PROCEEDINGS UNDER PROBATE CODE SECTION 3410, ET
SEQ.
A. Petitions filed under Probate Code section 3410, et seq., must be filed in a separate
proceeding under the name of the minor, and must set forth jurisdictional facts and state the
amount to be paid, by whom, and what reimbursement for costs and fees is requested, and
request the deposit of the balance of the proceeds in a specific bank or savings and loan
association in the manner provided by law.
B. If the petition merely seeks the deposit of funds subject to reimbursement for costs expended
for the filing of the petition, the petition may be granted by the court without notice. If,
however, attorney’s fees are sought, the matter must be noticed for hearing on the court’s
regular calendar.
C. The order shall provide for the persons holding funds to make one check payable to the
persons entitled to costs and fees, and shall provide for the issuance of a second check for the
amount to be deposited, payable to the proposed trustee and the specific bank or savings and
loan association.
(Revised January 1, 2012)
10.10.07 COSTS OF INVESTIGATIONS
Court investigations will be conducted upon filing of the guardianship petition and at the time of each
accounting. Charges will be assessed for each investigation and review pursuant to Probate Code
section 1513.1.
(Revised January 1, 2012)
10.11.00 CONSERVATORSHIPS
(Effective January 1, 1994)
10.11.01 APPOINTMENT OF CONSERVATOR
A. The attorney for the petitioner shall be responsible for the mailing of all required notices. If
there are no relatives within the second degree, the petition shall so allege. Notice of hearing
of a petition for the appointment of a conservator shall be given pursuant to Probate Code
section 1822. A copy of the petition shall accompany each notice of hearing. There shall be a
separate proceeding for each person for whom the appointment of a conservator is sought.
B. At the time of filing the petition for appointment, the attorney for the petitioner shall set forth
the address of the conservator and proposed conservatee. All petitions for appointment shall
be set for hearing no sooner than 30 days after filing.
C. Proposed conservators, except public officers and corporate fiduciaries, shall appear
personally for the hearing on the petition for appointment as conservator.
D. Upon approval of a petition for appointment of a conservator, the court will order the
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conservator to file a “general plan” detailing how the personal and financial needs of the
conservatee will be met. A copy of the plan shall be provided to the court investigator, and
notice of the filing of the general plan shall be given to those persons who have been given
notice of the petition.
The general plan may be reviewed by those persons who have been given notice of the
petition and who request to review the general plan. A hearing date will usually then be set at
least 120 days from the date of appointment for a hearing on the general plan.
(Revised January 1, 2012)
10.11.02 PLACING PETITION ON CALENDAR
When a petition is filed, the Hearing shall be set within 30 days and a citation shall issue accordingly.
If service of the citation is incomplete on the return date, it cannot be perfected by continuance and
completion of service, except by issuance of an amended citation. In such circumstances, the original
citation shall be filed showing no service.
(Effective January 1, 1994)
10.11.03 TERMINATION OF CONSERVATORSHIP
A. A conservatorship may be terminated pursuant to Probate Code section 1860, et seq. Except
in cases where the conservatee is deceased, a petition for termination shall be set for hearing
no sooner than 30 days after filing; the petition shall set forth the current address of
conservatee. The court investigator shall be noticed of the petition for termination of
conservatorship.
B. A petition for termination of conservatorship of a living person will not be granted unless the
conservatee personally appears in court or is excused after the filing of a physician’s affidavit
or declaration setting forth the reasons why the conservatorship is no longer required.
(Revised January 1, 2012)
10.11.04 FINAL ACCOUNT OR REPORT
A. When a final account or report is filed, notice of the hearing and a copy of the final account
and/or report shall be given. If the conservatee is deceased, notice of the hearing and a copy of
the account and/or report shall be given to the personal representative of the deceased
conservatee’s estate and the court investigator. If the conservator is also the personal
representative of the deceased conservatee’s estate or there is no personal representative,
notice of the hearing and copies of the final account and/or report shall be given to the
deceased conservatee’s heirs and devisees. The names, relationships, and addresses of the
heirs and devisees shall be set forth in the final account and/or report.
B. A final account shall be required on termination of the conservatorship of an estate except
under the following circumstances: (1) the former conservatee who has been restored to full
capacity waives the accounting; (2) if the conservatee is deceased, when an account is waived
by those persons entitled to receive distribution of the estate as provided in Probate Code
section 10954; except that if conservator is also the personal representative of the
conservatee’s estate, waivers shall be required by all heirs or devisees; or (3) when the court
has ordered that accounts are not required pursuant to Probate Code section 2628 and the
conditions of that Probate Code section are otherwise met.
C. The report shall include a statement of the specific assets on hand.
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(Revised January 1, 2012)
10.11.05 SALE OF CONSERVATEE'S RESIDENCE
Sale of a conservatee’s residence requires prior authorization in compliance with Probate Code
section 2540(b). Petitions for authorization of sale of the conservatee’s residence and/or authorization
to execute a listing agreement for sale of the conservatee’s residence will be considered only upon a
calendared motion with notice given pursuant to Probate Code section 1460 (general mailed notice)
and Probate Code section 2702 (special notice).
(Revised January 1, 2012)
10.11.06 CONFIDENTIAL REPORTS, SUPPLEMENTS, OR PLANS
Any confidential report, supplement or plan filed in conservatorship proceedings pursuant to Probate
Code section 2620 (accounts) or 1821 (establishment) shall be filed as a separate document, shall
contain the word “CONFIDENTIAL” in the caption, and shall be verified by the party presenting it.
(Revised January 1, 2012)
10.12.00 – 10.22.01 RESERVED FOR FUTURE USE
10.13.00 TRUSTS SUBJECT TO CONTINUING COURT JURISDICTION
(Effective January 1, 1994)
10.13.01 IN GENERAL
A. Accounts filed by trustees shall be in the form and otherwise conform to the requirements in
these rules for accounts by personal representatives in decedents’ estates.
B. The trustee’s first account must clearly reconcile the amount chargeable under the judgment
of distribution of the estate from which the property was received.
(Effective January 1, 1994)
10.13.02 PERIOD OF ACCOUNT
The first account of a trustee subject to continuing court jurisdiction shall be rendered one year after
the judgment of distribution of the estate from which the trust property was received. Thereafter,
accounts shall be rendered at intervals prescribed by the court as the nature of the trust property and
the interests of the beneficiaries require.
(Effective January 1, 1994)
10.13.03 PRINCIPAL AND INCOME
Receipts and disbursements must be allocated between principal receipts and disbursements and
income receipts and disbursements.
(Effective January 1, 1994)
10.13.04 REPORT OF TRUSTEE
A report shall accompany each account of a trustee. The report shall contain concise reference to the
purposes of the trust and how they have been satisfied by the trustee during the period of the account.
The report shall identify the beneficiaries (both present and future) and give a brief summary of
distributions made to or for their benefit, as reflected in the account. Investment objectives, and
results with reference to the purpose of the trust, are to set forth with a brief summary of the account
measured in terms of the specific trust objectives and requirements.
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The report shall not merely recite what has been done but shall relate the activities reflected in the
account to the purposes and persons for which the trust was created.
(Revised January 1, 2012)
10.14.00 COURT APPOINTED COUNSEL IN GUARDIANSHIPS AND
CONSERVATORSHIPS
A. PURPOSE. The purpose of this rule is to ensure that counsel appointed for minors in
guardianship proceedings or for appointment to represent conservatees or proposed
conservatees in probate proceedings meet the professional qualifications imposed by
California Rules of Court, rule 7.1101.
B. GENERAL CRITERIA. To be eligible for appointment as counsel under Probate Code section
1470 or 1471 for a minor in a guardianship proceeding or to represent conservatees of
proposed conservatees, an attorney must be an active member of the State Bar of California
for at least 3 years immediately before the date of appointment and have no discipline
imposed within a 12 month period prior to appointment. In addition, he or she must have
professional liability insurance in the amount of $100,000.00 per occurrence and $300,000.00
per year.
Appointed counsel must meet the minimum appointment qualifications prescribed by
California Rules of Court, rule 7.1101 and annually complete 3 hours of MCLE credit for
State Bar certified specialists in estate planning, trust and probate law.
C. CERTIFICATION OF QUALIFICATIONS. Prior to initial appointment, counsel must certify to the
court, in writing, that he or she has met the qualifications for appointment by submission of a
fully executed Certification of Attorney Concerning Qualifications for Court Appointment in
Guardianships or Conservatorships (Judicial Council form GC-010).
Thereafter, before the end of March of each following year, counsel must file the mandatory
Annual Certification of Court Appointed Attorney (Judicial Council form GC-011.)
Counsel are required to immediately advise the court of the imposition of any State Bar
discipline.
D. REQUIRED QUALIFICATIONS FOR PRIVATE COUNSEL
(1) Appointments to Represent Minors in Guardianship Proceedings. In addition to
satisfying the general criteria and the annual continuing education requirement,
counsel must either:
a. Within the previous 5 years, have represented three wards or proposed wards in
probate guardianships, three children in juvenile court dependency proceedings, or
three children in custody proceedings under the Family Code; or
b. Have been certified by the court as eligible for appointment under California Rules of
Court, rule 5.242 and Local Rule 8.23.00, et seq., to represent minors in family law
child custody and visitation proceedings or has been certified as eligible for
appointment under California Rules of Court, rule 5.660 and Local Rule 11.00.17 to
represent parties in juvenile dependency proceedings.
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(2) Appointments to Represent Conservatees or Proposed Conservatees. For an
appointment to represent a conservatee or a proposed conservatee, counsel must have
represented at least three conservatees or proposed conservatees in either probate or
LPS conservatorships or complete three of the following five:
a. Represented petitioners for the appointment of a conservator at commencement of
three probate conservatorship proceedings, from initial contact with the petitioner
through the hearing and issuance of Letters of Conservatorship;
b. Represented a petitioner, a conservatee or a proposed conservatee, or an interested
third party in 2 contested probate or LPS conservatorship matters.
A contested matter that qualifies under this item and also qualifies under (a) may be
applied toward satisfaction or both items;
c. Represented a party for whom the court could appoint legal counsel in a total of three
matters described in Probate Code sections 1470, 1471, 1954, 2356.5, 2357, 2620.2,
3140, or 3205;
d. Represented fiduciaries in three separate cases for settlement of a court filed account
and report, through filing, hearing, and settlement, in any combination of probate
conservatorships or guardianships, decedent’s estates, or trust proceedings under
division 9 of the Probate Code; or
e. Prepared five wills or trusts, five durable powers of attorney for health care, and five
durable powers of attorney for asset management.
E. REQUIRED QUALIFICATIONS FOR DEPUTY PUBLIC DEFENDERS. To be eligible for appointment,
a deputy public defender must either satisfy the same requirements as private counsel for
appointment to represent a minor in a guardianship proceeding or a conservatee or proposed
conservatee in probate proceeding or have a minimum of 3 years’ experience representing
minors in juvenile dependency or delinquency proceedings or patients in post certification
judicial proceedings or conservatorships under the LPS Act.
(Revised July 1, 2013)
10.14.01 INVESTIGATIVE AND EXPERT FEES AND EXPENSES;
COMPENSATION
A. APPLICATION FOR FEES AND EXPENSES. Application for investigative and/or expert fees and
expenses shall be made in writing to the judge of the department to which the case has been
assigned.
B. A
MOUNT OF FEES. In no event shall the court grant fees or expenses not reasonably justified by
the nature of the case, as supported by written application. The written application shall specify
the nature, purpose, and materiality of the proposed investigator/expert services and shall contain
an estimate of the fees and expenses involved including the proposed investigator’s/expert’s
hourly fees for out of court work and for courtroom testimony. The name of the
investigator/expert to be retained and a brief statement of qualification shall also be included or
attached. Unusual or extraordinary requests shall be justified in detail.
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C. ORDER FOR FEES AND EXPENSES. The order for investigator/expert fees and expenses shall be on
a form approved by the court.
D. MAXIMUM RATES FOR INVESTIGATOR/EXPERT SERVICES AND TESTIMONY. Claims for
investigator/expert services authorized pursuant to this rule shall not exceed the amounts
approved by the court.
E. S
UBMISSION OF CLAIMS. Claims for investigator/expert fees and expenses shall be made on a
form approved by the court, to which must be attached a copy of the court order awarding fees
and a detailed accounting of all claimed fees and expenses. The claim shall be submitted for
approval to the department of the Superior Court that authorized the expenditure specified in
subsection (A) of this rule.
(Effective July 1, 2012)
10.15.00 ACCESS TO CERTAIN PROBATE FILES
Lanterman-Petris-Short (LPS) Act Conservatorship File (Welfare and Institutions Code section
5540). A qualified professional, the attorney for the patient, a county patient’s rights advocate, or a
person designated by the patient may inspect and copy confidential client information and records
when specifically authorized by the client or the guardian ad litem. The authorization shall be in
writing and shall be kept with the file.
(Revised January 1, 2012)
11.00.00 JUVENILE PROCEEDINGS
(Effective January 1, 1994)
11.00.01 SESSIONS
Juvenile court matters shall be scheduled to be heard before the assigned judicial officer on days and
times as directed by the court and within the provisions of the Welfare and Institutions Code and the
California Rules of Court. Contested matters will be scheduled for hearing during times allocated for
juvenile matters on the calendar, but in no event shall any contested matter be scheduled for hearing
more than 30 days from the date of trial setting, where time is waived, or within the statutory time
limits otherwise, even if it requires transferring the case to a different judicial officer to hear the case.
(Revised July 1, 2012)
11.00.02 RULES OF PROCEDURE
Juvenile proceedings and hearings shall be governed by the provisions of the Welfare and Institutions
Code and the California Rules of Court. Procedurally, juvenile 300 proceedings and hearings shall be
governed by Welfare and Institutions Code and California Rules of Court, beginning at section 5.667,
et seq.; and juvenile 601 or 602 proceedings and hearings shall be governed by Welfare and
Institutions Code and California Rules of Court, beginning at section 5.752, et seq., except as
specifically noted in these Local Rules.
(Revised July 1, 2012)
11.00.03 DISCLOSURE OF RECORDS IN JUVENILE CASE FILE
When requesting disclosure of records, the court requires the use of the mandatory Judicial Council
forms referenced in California Rules of Court, rules 5.552 and 5.553.
(Revised July 1, 2012)
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11.00.04 AGENCY REPRESENTATION
The district attorney shall be present to represent the probation department in all proceedings
conducted pursuant to Welfare and Institutions Code section 602. County counsel shall be present to
represent the Department of Social Services in all proceedings conducted pursuant to Welfare and
Institutions Code section 300, et seq.
(Revised July 1, 2012)
11.00.05 PREHEARING DISCOVERY IN WELFARE AND INSTITUTIONS
CODE SECTIONS 300, 601, and 602 PROCEEDINGS
For contested matters in Welfare and Institution Code section 300 proceedings, all requests for
prehearing discovery shall be made either orally or in writing at the hearing, but in no case later than
5 court days after setting a contested hearing or learning of the need to request discovery. The
contested hearing shall be scheduled to allow reasonable time to accommodate the discovery request.
The discovery request shall be specific and shall seek information that is reasonably likely to lead to
admissible evidence. When discovery is sought from the agency, discovery may be completed either
by (1) allowing inspection of the juvenile file at a location approved by the agency no later than 3
court days from the date the agency receives notice of the discovery request; or (2) by production of
copies in a manner agreed upon by the parties, but no later than 10 court days from the date the
agency receives notice of the discovery request. When the circumstances warrant, the court may
shorten the time for production of discovery.
Notwithstanding anything to the contrary contained in this rule, California Rules of Court, rule 5.546
governs all prehearing discovery in Welfare and Institution Code sections 601 or 602 proceedings.
All disputes regarding discovery shall be brought pursuant to California Rules of Court, rule 5.546(f),
and shall be filed no later than 10 calendar days prior to the contested hearing. For hearings that are
scheduled within 30 court days of the trial setting date, the motion shall be filed no later than 5 court
days prior to the contested hearing, and may be heard according to local ex parte procedures.
Nothing in this provision is intended to limit a party’s right to otherwise inspect the juvenile case file.
Requests for inspection of the juvenile file may be made at any time, but shall be made 3 business
days in advance of inspection.
(Revised July 1, 2012)
11.00.06 THE COURT APPOINTED SPECIAL ADVOCATE PROGRAM
A. REQUEST FOR APPOINTMENT. A request for appointment of a child advocate in dependency
proceedings, wardship proceedings, or other appropriate proceedings as determined by the
judicial officer before whom the case is pending, may be made orally or by written
application in open court, or ex parte by any interested person, or by the court on its own
motion. After approval by the court, the referral shall be forwarded to the Court Appointed
Special Advocate (CASA) program’s office for screening and assignment. CASA will select
an appropriate advocate for review and approval by the court.
B. O
FFICER OF THE COURT. An advocate is an officer of the court and is bound by the California
Rules of Court and the El Dorado Superior Court Local Rules. The duties and responsibilities
of a child advocate are set forth in Welfare and Institutions Code sections 102, 104, and
356.5.
C. ADVOCATE’S FUNCTIONS. Advocates serve at the pleasure of the court having jurisdiction
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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 his or her 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 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, social worker, and/or probation officer;
(7) To the fullest extent possible, to communicate and coordinate efforts with the child’s
attorneys; and
(8) To investigate the interests of the child in other judicial or administrative proceedings
outside the juvenile court, report to the juvenile court concerning same, and, with the
approval of the court, offer his or her services on behalf of the child to such other
courts or tribunals.
D. SPECIFIC DUTIES. The court will, in its initial order of appointment and/or in subsequent
orders, specifically state the advocate’s duties in each case. Such duties may include
conducting an independent investigation of the circumstances of the case; interviewing and
observing the child as well as other individuals where appropriate; reviewing appropriate
records and reports; and recommending visitation rights for the child’s grandparents, siblings,
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 his or her obligations to the child and
the court as set forth in Welfare and Institutions Code sections 102, 104, and 356.5.
E. REQUIRED REPORTING OF CHILD ABUSE. A CASA advocate is a mandated child abuse reporter
with respect to the case to which he or she has been assigned (Penal Code section 11164, et
seq.]
F. ADVOCATE’S RIGHT TO APPEAR AND BE REPRESENTED. An advocate has the same right to be
present and to be heard at all court proceedings involving the child, and to accompany the
child into chambers for conferences. At the court’s discretion, the advocate will not be subject
to exclusion by virtue of the fact that he or she may be called to testify at some point in the
proceedings. An advocate is not a “party” but, in the court’s discretion, may be given amicus
curiae status which shall include the right to appear with counsel and to request court
appointed counsel if the need arises.
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G. VISITATION THROUGHOUT DEPENDENCY. The advocate must visit the child regularly until the
child is secure in a permanent placement. Thereafter, the advocate must monitor the case as
appropriate until dependency is dismissed or the advocate is relieved from appointment.
H. ADVOCATE’S RIGHT TO TIMELY NOTICE. CASA shall be given timely notice, by the moving
party, or any motion concerning a child for whom a CASA advocate has been appointed.
(Revised July 1, 2013)
11.00.7 SERVICE OF CASA REPORTS
Absent good cause, not later than 5 calendar days prior to any hearing at which a CASA report will
first be considered or, in the case of a report for a status review, 10 calendar days prior to the hearing,
copies of the report shall be filed with the court and served on all counsel of record, on the
Department of Social Services, and on any party to the proceeding not represented by counsel. It shall
be the responsibility of CASA to copy and distribute the report. A proof of service must accompany
any document filed by a CASA advocate, including CASA Reports.
(Revised July 1, 2012)
11.00.08 RELEASE OF INFORMATION TO CASA ADVOCATES
A. ACCOMPLISH APPOINTMENT. Unless the court orders otherwise, the advocate has the authority
to review specific relevant documents and to 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. As an officer of the court, an advocate shall have the same legal rights
to records relating to the child as those named in Welfare and Institutions Code section
827(a). The advocate shall present his or her identification as a court appointed advocate to
any such record holder in support of his or her request for access to specific records. No
consent from the parent or guardian is necessary for the advocate to have access to any
records relating to the child.
C. 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, social worker, or probation officer, the child’s attorney, attorneys for parents,
relatives, foster parents, and any therapist for the child.
(Revised July 1, 2012)
11.00.09 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.
(Effective January 1, 2003)
11.00.10 CALENDAR PRIORITY
Because 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.
(Effective January 1, 2003)
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11.00.11 CASE SELECTION PROCEDURE
Recognizing that a CASA volunteer cannot be assigned to each case, the following procedure will be
followed by the juvenile court judge with regard to assignment of CASA volunteers:
A. PROCEDURE UPON COMMENCEMENT OF PROGRAM.
(1) Cases previously adjudicated will be reviewed as they are calendared for regular
reviews.
(2) Special cases known to be in progress will be reviewed.
B. After start up, each case will be reviewed at the time of jurisdiction hearing or, if especially
unique, at detention hearing.
C. The review of each case shall consider the following factors:
(1) Age of the child.
(2) Number of children in the family subject of court proceedings.
(3) Specific areas where a CASA volunteer would be of assistance which are out of the
normal situation.
(4) The court shall consider all factors set forth in Paragraph 6.2 of the CASA Program
Guidelines for Court Appointed Special Advocate Programs as set forth following
section 100 of the Welfare and Institutions Code.
(5) Areas where Child Protective Services would have limited or no ability to provide
specific information or assistance which the court believes essential.
(6) Recommendations from any agency or parent that a CASA volunteer be appointed.
(7) Any other factor the juvenile court judge believes important.
D. The final decision shall be exercised in the sound discretion of the appointing juvenile court
judge.
(Revised July 1, 2013)
11.00.12 FINANCIAL DECLARATION
In all juvenile proceedings where the court has appointed counsel, the parents or responsible party of
the minor in Welfare and Institutions Code sections 602 or 300, shall execute a financial declaration
as to their ability to pay attorney’s fees for the minor in section 602 and for the minor and themselves
in section 300 proceedings when the court appoints such an attorney.
(Revised July 1, 2012)
11.00.13 APPOINTMENT OF PRIVATE ATTORNEYS
A. PURPOSE. This rule is established to comply with California Rules of Court, rule 5.660.
B. GENERAL COMPETENCY REQUIREMENT. All attorneys appearing in juvenile dependency
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proceedings must meet minimum standards of competence as set forth in California Rules of
Court, rule 5.660.
C. SCREENING FOR COMPETENCY
(1) Any attorney appearing in a dependency matter for the first time shall complete and
submit a certification of competency to the Court within 10 days of his or her first
appearance in a dependency matter.
(2) Attorneys must meet the minimum standards of training and/or experience as set forth
in California Rules of Court, rule 5.660(d) and must submit a certification of
competency to the court.
(3) Upon submission of a certification of competency, the court may determine a
particular court appointed attorney does not meet minimum competency standards
based on query of the attorney’s knowledge of the minimum requirements of
competency, the attorney’s overall competency based on the court’s observations of
the attorney’s abilities in other proceedings before the court, or based on conduct or
performance of counsel before the court in a dependency case within the 6 month
period prior to, or after the submission of the certification to the court.
(4) In instances where the court determines an attorney is not competent to represent
persons in dependency matters, the court will inform the attorney. The attorney has the
right to request a hearing on the matter within ten days of being informed. After the
hearing on the matter, the decision is final and not subject to appeal. If the attorney
does not request a hearing, the decision will become final after 10 days of informing
the attorney.
(5) In the case of an attorney who maintains his or her 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 subject to (3) above.
D. M
INIMUM STANDARDS OF EDUCATION AND TRAINING
(1) Prior to certification, the attorney shall have either:
a. Participated in at least eight (8) hours of training or education on juvenile dependency
law, which training or education shall have included information on the applicable
case law and statutes, the Rules of Court, Judicial Council forms, motions, trial
techniques and skills, writs and appeals, child development, child abuse and neglect,
family reunification and preservation of reasonable efforts;
b. At least 6 months of experience during which the attorney has demonstrated
competence in representing clients in juvenile dependency proceedings. In
determining whether competence has been demonstrated, the court shall consider
whether the attorney’s performance has substantially complied with the requirements
of these rules.
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(2) In order to retain certification to practice before the juvenile court, each attorney who
has been previously certified shall submit a new certificate of competency to the court
on or before January 31 of the third year after the year in which the attorney was first
certified and then every third year thereafter. The attorney shall attach to the renewal
certification of competency evidence that he or she has completed at least eight (8)
hours of continuing education or training directly related to dependency hearings since
the attorney was last certified.
a. Evidence of completion of the required number of hours of education or training may
include a copy of a certificate of attendance issued by a California MCLE provider; a
certificate of attendance issued by a professional organization which 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 the
program; or such other documentation as may be reasonably considered to
demonstrate the attorney’s attendance at the program. Attendance at a court sponsored
or approved program will also fulfill this requirement.
(3) The attorney’s continuing education or training shall be in the areas set forth in
subsection 11.00.13.D(1)(a), or in other areas relating 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; child custody recommending counseling ; basic motion practice; and the
rules of civil procedure.
(4) When a certified attorney fails to submit evidence that he or she has completed at least
the minimum required education and training to the court by the due date, the court
shall notify the attorney that he or she will be decertified. The attorney shall have 20
days from the date of the mailing of notice to submit evidence that he or she has
completed the required education or training. If the attorney fails to submit the
required evidence or fails to complete the minimum number of required hours of
continuing education or training, the court shall order that certified counsel be
substituted for the attorney who failed to complete the required continuing education,
except in the case of retained counsel.
(5) In the case of retained counsel, the court shall notify the party that his or her attorney
has failed to meet the minimum standards required by these rules. The determination
whether to retain substitute counsel shall be solely within the discretion of the party so
notified.
E. STANDARDS OF REPRESENTATION. All attorneys appearing in dependency proceedings shall
meet the following minimum standards of representation:
(1) The attorney shall thoroughly and completely investigate the accuracy of the
allegations of the petition or other moving papers and the filed court reports
supporting those allegations. The attorney shall conduct a comprehensive interview
with the client to ascertain the client’s knowledge or involvement in the matters
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alleged or reported; shall contact social workers and other professionals associated
with the case to ascertain whether the allegations and reports are supported by accurate
facts and reliable information; shall consult with experts, and, if necessary, seek to
have the expert(s) appointed by the court, in order to advise the attorney or the court
on matters which are beyond the expertise of the attorney or the court; and shall obtain
any other facts, evidence, or information necessary to effectively present the client’s
position to the court.
(2) The attorney shall determine the client’s interests and the position the client wishes to
take in the proceeding. Except in those cases in which the whereabouts of the client is
unknown, this shall include a comprehensive interview with the client. If the client is a
minor child who is placed outside of the home, in addition to interviewing the child
the attorney shall interview the child’s caretaker. The attorney or the attorney’s agent
shall make at least one 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 visit to the child at the child’s placement prior to each review hearing.
(3) 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 adhering to court mandated time
limits.
(4) The attorney shall vigorously represent the child within applicable legal and ethical
boundaries. Representation shall include the duty to work cooperatively with other
counsel and the court; to explore alternative methods of resolving disputes without the
necessity for a hearing if possible to do so consistent with the client’s interests; and to
comply with Local Rules and procedures as well as with statutorily mandated time
lines.
F. PROCEDURES FOR REVIEWING AND RESOLVING COMPLAINTS
(1) Any party to a juvenile court proceeding may lodge a written complaint with the court
concerning the performance of the client’s appointed counsel in the proceeding.
Where the complaint concerns the performance of counsel appointed to represent a
minor, the complaint may be lodged on behalf of the child by the social worker, a
caretaker relative, or a foster parent.
(2) Promptly after appointment, each appointed attorney shall have an affirmative
obligation to advise his or her client of the right to lodge a written complaint with the
court concerning the performance of the appointed attorney. If the client is a minor,
the caretaker of the child shall be advised of the right to lodge a written complaint; if
the minor is twelve (12) years of age or older, the minor shall be so advised as well.
(3) The court shall review a complaint within 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 may have violated Local Rules, the court shall notify the
attorney of the complaint, shall provide a copy of the complaint to him or her, and
shall give the attorney 20 days from the date of the notice to respond to the complaint
in writing.
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(4) 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 any response thereto and
determine whether the attorney has acted incompetently or has violated Local Rules.
The court may seek additional information from the complainant or the attorney prior
to making its determination.
(5) If the court determines that the attorney has violated Local Rules of Court, the attorney
may be sanctioned as provided in Local Rule 7.12.11.
If the court determines that the attorney has acted incompetently, the court may order
that the attorney practice under the supervision of a mentor attorney for a period to be
determined by the court in its discretion; that the attorney complete a specified number
of hours of continuing education or training in the area in which the attorney was
found to be incompetent; or a combination of the 2.
If the court finds that the attorney’s incompetence has resulted in actual harm to the
client, the court shall remove the attorney and substitute other counsel. The matter
may be referred to the State Bar of California in the court’s discretion.
(6) The court shall notify the attorney and the complaining party in writing of its
determination. If the court makes a finding pursuant to Local Rule 11.00.13.F(5), the
attorney shall have 10 days from 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.
(7) 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 request
has been made, but in no case shall it be held more than 30 days after the date of the
request, except upon stipulation of the attorney and the complainant.
The attorney and the complainant shall be given at least 10 days’ notice of the hearing.
The hearing may be held in chambers, and 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.
(8) At the hearing, each party shall have the right to present arguments to the hearing
officer concerning the court’s determination. The 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 proponent of that evidence can demonstrate to the hearing
officer that it was not reasonably available to the party at the time that the court made
its determination.
Within 10 days after the hearing, the court or the hearing officer shall issue a written
determination upholding, reversing, or modifying the original determination. This
written determination shall be the final determination of the court on the matter. A
copy of the determination shall be provided to both the complainant and the attorney.
G. P
ROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD
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(1) At any time during the pendency of a juvenile dependency proceeding, any interested
person may notify the court that the minor who is the subject of the proceeding may
have an interest or right which needs to be protected or pursued in another judicial or
administrative forum. If the attorney for the minor becomes aware that the minor may
have a right or interest which needs to be protected or pursued in another judicial or
administrative forum, he or she shall promptly notify the court of that right or interest.
(2) Notice of the minor’s right or interest may be given by filing Judicial Council form
JV-180 or by filing a declaration. In either case, the person giving notice shall set forth
the nature of the right or interest to be protected or pursued, the name and address, if
known, of the judicial or administrative forum in which the right or interest may be
affected, and the nature of the proceedings being contemplated or conducted there.
(3) If the person filing the notice is the attorney for the minor, the notice shall state what
action on the child’s behalf counsel 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 court or administrative agency may be
necessary or appropriate, whether appointment of a guardian ad litem is necessary for
the proceedings in the other forum, whether joinder of an administrative agency to the
juvenile court proceedings pursuant to Welfare and Institutions Code section 362, may
be appropriate or necessary, and what if any further investigation may be necessary.
(4) If the person filing the notice is not the attorney for the minor, a copy of the notice
shall be served upon the minor’s attorney. If the minor is not represented, the notice
shall so state.
(5) The court may set a hearing on the notice if it deems a hearing is necessary to
determine the minor’s right or interest, and whether that interest should be protected or
pursued.
(6) If the court determines that further action on behalf of the minor is required, the court
shall do one or more of the following:
a. Authorize the minor’s attorney to pursue the matter on the minor’s behalf;
b. Appoint an attorney for the minor if the minor is not represented;
c. Notice a joinder hearing pursuant to Welfare and Institutions Code section 362,
compelling the responsible agency to report to the court as to whether it has carried
out its statutory duties concerning the minor;
d. Appoint a guardian ad litem for the minor to initiate or pursue appropriate action in the
other forum(s);
e. Take any other action the court may deem necessary or appropriate to protect the
welfare, interests, and rights of the minor.
H.
TIME LINES. Attorneys for parties are required to adhere to the statutory time lines for all
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hearings. Time waivers will be accepted and continuances granted only on a showing of good
cause pursuant to Welfare and Institutions Code section 352.
I. CERTIFICATE OF COMPETENCY
SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF EL DORADO
JUVENILE COURT
CERTIFICATE OF ATTORNEY COMPETENCY
I, ____________________________________________________________________________
(Name Office Address Telephone Number)
am an attorney licensed to practice law in the State of California. My State Bar Number is
_________. I hereby certify that I meet the minimum standards for practice before a juvenile court set
forth in California Rules of Court, rule 5.660 and Local Rule 11.00.13 and that I have completed the
minimum requirements for training, education and/or experience as set forth below.
This is a [ ] New Certification [ ] Recertification
Training and Education: (Attach copies of MCLE certificates or other documentation of
attendance)
Course Title Date Completed Hours Provider
Summary of Juvenile Dependency Experience:
Date ______________ Signature _________________________________________
(Revised July 1, 2013)
11.00.14 INVESTIGATOR, EXPERT FEES, EXPENSES IN JUVENILE
COURT
All fees and expenses for investigators or experts employed by court appointed attorneys in juvenile
court section 300, 601 or 602 cases shall be submitted to the court for approval with specificity as to
the need, the scope of the work to be done, and the budget requested. The attorney will hire the
investigator or expert only after approval from the court. The court will pay the investigator or expert
directly after completion of the work. Investigator or expert invoices for fees and expenses shall be
submitted along with a copy of the court order awarding fees and a detailed accounting of all claimed
fees and expenses.
Fees and expenses for investigators or experts employed by court appointed attorneys in juvenile
court sections 601 and 602 cases shall be in accordance with Local Rules 5.15.02 and 5.15.03.
(Revised July 1, 2012)
11.00.15 DETENTION HEARINGS IN SECTION 300 MATTERS
The following provisions shall apply to all dependency detention hearings:
A. CPS shall advise the clerk of the Superior Court in the department handling the dependency
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calendar of the need to have a hearing and counsel appointed for the parties, not later than 2
hours prior to filing the petition, or as soon as a determination is made to file a petition,
whichever is first. At that time:
(1) CPS shall advise the court clerk of the following, to the extent it is available to CPS:
a. Name or names of the children involved and birth dates.
b. Full names, addresses, and phone numbers of the parents, guardians, or caregivers.
c. Any possible conflict of interests between the parents, alleged parents, and/or
custodial caregivers, which would require the appointment of a separate attorney for
each of them.
d. The name of the emergency social worker who effected the removal or the placement
in protective custody.
e. Any special circumstances, which would require the appointment of attorneys for
parties other than the minor(s), mother and/or father.
(2) Not later than 2 hours after receipt of notice of the filing of the petition or the
determination that the petition will be filed, the clerk of the dependency court shall,
after conferring with the judicial officer assigned, appoint counsel to represent all
parties (parents, guardians, caretakers, and minor(s)).
Attorneys contacted by the clerk shall only accept the appointment if he or she can
appear at the detention hearing.
B. Prior to the detention hearing, all parties and counsel shall comply with the following time
frame:
(1) Designated court appearance time shall be 1 hour prior to the time of the detention
hearing. CPS shall have the caseworker, or a person familiar with the case, together
with the full file, at the courthouse at the designated court appearance time, so as to be
available to discuss the facts of the case with the attorneys. The attorneys shall be
given access to any documents CPS intends to rely on at the detention hearing.
(2) County counsel shall be available by telephone or, at his or her option, personally
present to meet with the other attorneys at the designated court appearance time.
(3) The attorneys shall meet with clients at the courthouse no later than one-half hour after
the designated court appearance time.
(4) All of the documents disclosed to the attorneys shall be subject to the rules of
confidentiality. Counsel shall not duplicate the documents, nor provide to any person,
including the client, copies of the documents. No copies shall be made of any
document, except as authorized pursuant to Welfare and Institutions Code section 827
and California Rules of Court, rule 5.552. When disclosing information within the
report(s) to clients, attorneys must follow the rules of confidentiality as it relates to
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confidential materials of persons other than the client contained within the report(s).
(5) Attorneys must meet and act in good faith in an attempt to resolve all issues.
(6) Parents’ attorneys, or any other person involved, must advise CPS at the earliest
possible time of any relative who would be suitable for potential placement, providing
the name, address, and phone number.
(7) Parents’ attorneys shall also confirm as soon as possible the willingness of said person
or persons to act as caregiver.
(8) All requested visitation matters shall be discussed prior to the detention.
(9) Counsel for the parents shall obtain and complete for delivery to the court the Native
American Involvement Form.
C. CONTESTED DETENTIONS. Contested hearings shall be held as soon as possible but in no case
later than as required by Welfare and Institutions Code section 321 for prima facie hearings,
and California Rules of Court, rule 5.680(d).
D. NOTIFICATION OF MINOR’S ATTORNEY. If a minor has been detained by CPS and placed with a
caretaker, CPS shall provide the attorney for the minor the name, address, and telephone
number of the caretaker no later than the time set for the detention hearing.
(1) If there is a change in placement of the minor, CPS shall notify the attorney for the
minor no later than 5 court days prior to the change in placement. CPS shall provide
the attorney for the minor with any and all information CPS has considered in making
a determination that a change in placement may be necessary.
(2) If CPS determines that a minor is in imminent danger and that a change in placement
must be made immediately, CPS shall notify the attorney for the minor no later than
5:00 p.m. the following court day. CPS shall provide the attorney for the minor with
the name, address, and telephone number of the new caretaker.
(Revised July 1, 2012)
11.00.16 NON-DETENTION HEARINGS
A. In non-detention cases, the initial hearing may be conducted as the jurisdictional hearing at
the court’s determination, and shall be scheduled not later than 30 court days following the
filing of the petition.
B. All discovery and negotiation shall take place prior to the jurisdiction hearing, at a mutually
agreeable time for the parties, not less than 2 court days prior to the jurisdiction hearing.
C. Counsel shall be appointed on non-detention matters not later than 1 court day after the filing
of the petition.
(Revised July 1, 2012)
11.00.17 CONTESTED JURISDICTIONAL/DISPOSITIONAL HEARINGS
The following shall be requirements for all contested jurisdictional/dispositional hearings:
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A. Pre-hearing discovery shall be conducted pursuant to Local Rule 11.00.05.
B. The names, addresses, and reports of any expert witnesses or witnesses to be called by any
party shall be disclosed as soon as possible, and no later than 10 calendar days prior to the
contested hearing for hearings that are scheduled 30 or more court days from the trial setting
date. For hearings that are scheduled within 30 court days of the trial setting date, the
disclosure shall be made no later than 5 calendar days prior to the contested hearing.
C. When a party requests a contested hearing, the presiding judicial officer may require either at
the request of a party, or on the court’s own motion, an offer of proof as to the triable issue(s)
and the facts to be proved. The court may require the filing of pretrial statement at a specified
time before the contested hearing date to include the witnesses to be called, the time required
for each, and a statement of the contested issues and facts, as well as the applicable law.
D. Each party shall be responsible for subpoenaing their own witnesses. If any party requests the
appearance of a specific social worker, such request shall be made at the hearing when
scheduling the contested hearing.
E. All exhibits reasonably known to be used at the hearing shall be pre-marked, listed, and
copied for exchange among counsel prior to the hearing.
F. Counsel must meet and confer with their respective clients and other counsel regarding
resolution of contested issues at the earliest possible time, not later than 30 minutes prior to
the contested hearing.
The parties shall attempt, in good faith, to resolve the matter, and counsel representing the
party requesting the contested hearing shall clarify and delineate the factual and legal issues to
be resolved at the hearing
(Revised July 1, 2012)
11.00.18 VISITATION
Visitation is essential to reunification of children with their parents during the pendency of a juvenile
matter. CPS shall make its best efforts to effectuate visitation as ordered by the court and to liberalize
visitation as to frequency and duration when ordered by the court and justified under the
circumstances.
CPS will make every reasonable effort to allow visitation between children and their parents as soon
as possible after removal, and in no event shall the first visit occur more than 5 calendar days after
removal, irrespective of the timing of the detention hearing, unless CPS determines that visitation
would be detrimental to the best interests of the child(ren) and reduces its reasoning to writing.
Visitation shall be addressed at every regularly scheduled hearing. Requests for modifications to the
existing order at regularly scheduled hearings shall not require a 388 motion. All counsel shall meet
and confer on the issue of visitation in advance of every hearing and counsel shall give notice if
requesting a different visitation order than recommended by the agency.
Motions filed under Welfare and Institutions Code section 388 related to visitation orders will
normally be heard on an order shortening time within 5 court days of filing the motion, unless there is
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good cause to delay the hearing to a later date. The party filing the motion shall be responsible for
immediately notifying all parties of the request and ensuring that all parties receive a copy of the
motion no later than 2 court days after the motion is filed. If a hearing is scheduled, the clerk shall
inform the petitioning party, who shall then be responsible for immediately notifying all parties of the
hearing date and time.
Nothing herein shall limit the court’s power for good cause to make any emergency orders regarding
visitation.
(Revised July 1, 2012)
11.00.19 CONFIDENTIALITY IN DEPENDENCY MATTERS
A. Each party, excluding the agency and appointed counsel, shall sign a confidentiality statement
in the form approved by the court and adopted by these rules which shall require that the
person receiving information or reports will not release the information to any other person(s),
or duplicate the information. The purpose of this is to preserve the confidentiality of the
proceedings to protect the minor(s).
B. Psychological or psychiatric evaluations, or similar type assessments or evaluations, must be
retained by the attorney. Psychological evaluations, or similar type assessments or
evaluations, are not to be released to anyone, other than the subject of the evaluation. In the
event of a contested hearing where the client insists on disclosure of the contents of a
psychological evaluation, or similar type assessments or evaluations, or on obtaining a copy
of another person’s psychological evaluation, the attorney shall set a noticed motion so as to
allow all parties to object to disclosure and/or release of the report; or to petition the court for
a protective order. If a copy is disclosed, it will be subject to court order that it not be released
to any other person unless specified in the court order by name or profession.
C. In the event the court receives any ex parte communication from anyone involved in the case
where the party is represented, the court clerk shall return the documents, unread, to the
person sending the same to the court and advise the person making the ex parte
communication to contact their counsel of record. In the event of an non-represented party,
the court clerk shall duplicate the same, send the communication to all counsel, and the court
may read the documents only after consent of all counsel.
D. In the case of any restriction as to duplication and confidentiality provided by these rules, the
following shall be inserted: NOTICE TO PERSONS RECEIVING THIS REPORT: YOU
SHALL NOT RELEASE THIS DOCUMENT TO ANY PERSON OTHER THAN YOUR
ATTORNEY PURSUANT TO A COURT ORDER ENTERED IN YOUR CASE. IF YOU
PERMIT ANY UNAUTHORIZED PERSON TO READ THIS REPORT, YOU MAY BE IN
VIOLATION OF CALIFORNIA PENAL CODE SECTION 166(D) WHICH CAN
SUBJECT YOU TO BEING HELD IN CONTEMPT OF COURT. SHOULD A FINDING
OF CONTEMPT BE MADE, YOU ARE SUBJECT TO THE IMPOSITION OF A FINE
NOT EXCEEDING $1,000 OR IMPRISONMENT IN THE EL DORADO COUNTY JAIL
FOR A TERM NOT TO EXCEED 1 YEAR.
E. Upon termination of the case, any and all documents distributed to a client must be destroyed
by said client or returned to attorney.
F. Transcripts of any hearing under section 300 and any subsequent hearing or any hearing
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Revised January 1, 2015
involving the minors in the above situation shall be prepared only as required by law. In the
event the party or interested person requests a copy, they shall file a noticed motion with the
court and a hearing shall be held to determine whether or not such shall be released. No
transcripts other than as required by law, being appeal writs, etc., may be prepared without a
specific order of court after hearing.
G. There shall be no confidentiality as regards attorneys with regard to court appointed experts,
and any professional so appointed shall be advised of the requirement that there shall not be
confidentiality.
(Revised July 1, 2012)
12.00.00 APPELLATE DEPARTMENT OF THE SUPERIOR COURT
A. ORAL ARGUMENT. A party appearing in propria persona, or counsel where a party is
represented, may request oral argument by notifying the court in writing no later than 5 court
days prior to the date set for hearing the appeal as designated in the notice of time and place
of hearing on appeal and time for filing of briefs. If the court does not receive a timely request
for hearing, the court will take the matter under submission without oral argument and render
a decision in due course. Notification of a request for oral argument shall be made to the
appeals clerk at the Placerville courthouse, 495 Main Street, Placerville, California 95667.
B. TRIAL COURT FILE INSTEAD OF CLERK’S TRANSCRIPT
(1) Application. For misdemeanor and traffic infraction appeals, the original trial court
file may be used instead of a clerk’s transcript, unless the trial court orders otherwise
after notice to the parties. (California Rules of Court, rules 8.863, 8.914.)
(2) Preparation of Original File. Within 20 days after the filing of the notice of appeal, the
court clerk must put the trial court file in chronological order, number the pages, and
attach a chronological index and a list of all attorneys or record, the parties they
represent, and any unrepresented parties.
(3) Copies. The clerk must send a copy of the index to the appellant and the respondent
for use in paginating their copies of the file to conform to the index. If there is more
than one appellant, the clerk must prepare an extra copy of the index for each
additional appellant who is represented by separate counsel or self-represented.
(Effective July 1, 2013)
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LIST OF EFFECTIVE/REVISED DATES
Chapter Title Date
1.00.00 SCOPE OF RULES FOR THE SUPERIOR
COURT.
Revised
7/1/2013
1.00.01 EFFECTIVE DATE OF RULES
Revised
1/1/2015
1.00.02 EFFECT OF RULES AND CITATION TO
RULES
Revised
7/1/2014
1.00.03 CONSTRUCTION AND APPLICATION OF
RULES
1/1/1999
1.00.04 DEFINITION OF WORDS USED IN THESE
RULES
1/1/1999
1.00.05 AMENDMENT, ADDITION, OR REPEAL OF
RULES
1/1/1999
2.00.00 COURT OF ORIGINAL PROCEEDINGS
1/1/1994
2.00.01 SUPERVISION OF COURT BUSINESS
Revised
7/1/2013
2.00.02 DUTIES OF THE PRESIDING JUDGE
Revised
7/1/2013
2.00.03 ASSISTANT PRESIDING JUDGE
1/1/1994
2.00.04 CEO OF THE SUPERIOR COURT
1/1/1999
2.00.05 COURT COMMISSIONERS AND JUDGES PRO
TEMPORE
7/1/2011
2.00.06 COMPLAINTS AGAINST COMMISSIONERS,
REFEREES, AND JUDGES PRO TEMPORE
Revised
7/1/2013
2.00.07 RECORD OF PROCEEDINGS
Revised
1/1/2013
2.00.08 LOCATION AND SCHEDULE OF COURT
SESSIONS
7/1/2011
2.00.09 TRANSFERRING CASES BETWEEN
PLACERVILLE AND SOUTH LAKE TAHOE
SESSIONS
1/1/2006
2.00.10 JUDICIAL ASSIGNMENTS: PLACERVILLE
SESSION
Revised
1/1/2015
2.00.11 JUDICIAL ASSIGNMENTS: SOUTH LAKE
TAHOE SESSION
Revised
1/1/2015
2.00.12 DUTY JUDGE
Revised
7/1/2013
2.00.13 HOLIDAYS
1/1/1994
2.00.14 ALCOHOLIC BEVERAGES
7/1/2010
2.00.15 FIREARMS
1/1/1994
2.00.16 COURT SECURITY: SEARCHES OF PERSONS
AND PROPERTY
1/1/1994
2.00.17 USE OF ELECTRONIC DEVICES IN THE
COURTROOM
Revised
7/1/2014
3.00.00 JURIES AND JURY SERVICE
1/1/1994
3.00.01 COMMON JURY PANEL
1/1/1994
3.00.02 DEMAND FOR JURY IN CIVIL ACTION;
PAYMENT OF FEES
Revised
7/1/2013
3.00.03 DUTY OF CITIZENSHIP
1/1/1994
3.00.04 REQUESTS TO BE EXCUSED
1/1/1994
3.00.05 GROUNDS CONSTITUTING UNDUE
Revised
1/1/2012
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124
Revised January 1, 2015
Chapter Title Date
HARDSHIP
3.00.06 PRIOR JURY SERVICE
Revised
7/1/2012
3.00.07 PERSONS QUALIFIED TO SERVE AS
JURORS
1/1/1994
3.00.08 PERSONS DISQUALIFIED FROM JURY
SERVICE
1/1/1994
3.00.09 REQUEST FOR A PROSPECTIVE JUROR TO
BE EXCUSED OR DEFERRED
Revised
7/1/2012
4.00.00 DOCUMENTS PRESENTED FOR FILING
1/1/1994
4.00.01 GENERAL FORMAT OF DOCUMENTS
Revised
7/1/2013
4.00.02 FORMAT OF DOCUMENTS – LAW AND
MOTION MATTERS
7/1/2009
4.00.03 JUDGMENTS AND DECREES
1/1/1994
4.00.04 CONFORMING COPIES
1/1/1994
4.00.05 RETURN ENVELOPE REQUIRED FOR
CONFORMED COPIES
1/1/1994
4.00.06 TIME AND DATE OF HEARING TO BE
INDICATED
1/1/1994
4.00.07 ATTORNEY “WILL-CALL” FILE
1/1/2009
4.00.08 FILING OF DOCUMENTS BY FAX
Revised
1/1/2014
4.00.09 FAX FILING
Revised
1/1/2013
5.00.00 CRIMINAL PROCEEDINGS
Revised
7/1/2014
5.00.01 APPLICATION OF RULES
Revised
7/1/2014
5.00.02 CRIMINAL COMPLAINTS: FORMAT
Revised
7/1/2014
5.00.03 CRIMINAL COMPLAINTS: TIME AND PLACE
FOR FILING
Revised
7/1/2014
5.00.04 POLICY
Revised
7/1/2014
5.01.00 VIDEOCONFERENCING
Effective
7/1/2014
5.02.00–
5.09.00
RESERVED FOR FUTURE USE
Revised
7/1/2014
5.10.00 BAIL
1/1/1994
5.10.01 REQUESTS FOR BAIL OR RELEASE ON OWN
RECOGNIZANCE
1/1/1994
5.10.02 BAIL FORFEITURES
1/1/1994
5.11.00 TRIAL SETTING AND READINESS
CONFERENCES
1/1/1994
5.11.01 STATUS CONFERENCE
7/1/2006
5.11.02 RESERVED FOR FUTURE USE
Revised
1/1/2013
5.11.03 PRETRIAL CONFERENCE
Revised
7/1/2014
5.11.04 MOTIONS IN CRIMINAL CASES
Revised
7/1/2013
5.11.05 ELECTRONIC RECORDINGS OFFERED INTO
EVIDENCE
Revised
7/1/2014
5.12.00 TRIAL
1/1/1994
5.12.01 CONTINUANCES
1/1/1994
5.12.02 MARKING EXHIBITS
Revised
7/1/2014
5.13.00 FELONY BAIL SCHEDULE
7/1/1998
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125
Revised January 1, 2015
Chapter Title Date
5.14.00 EXHIBIT STORAGE AND DISPOSITION
Revised
7/1/2014
5.14.01 POLICY
1/1/1994
5.14.02 RECEIPT OF EXHIBITS
1/1/2008
5.14.03 RETENTION, DESTRUCTION, AND RETURN
OF EXHIBITS
7/1/2006
5.14.04 VIEWING EXHIBITS
1/1/1994
5.15.00 COURT APPOINTED COUNSEL AND
EXPERTS; COMPENSATION
1/1/1994
5.15.01 RESERVED FOR FUTURE USE
7/1/2006
5.15.02 INVESTIGATIVE FEES AND EXPENSES
7/1/1995
5.15.03 EXPERT FEES AND EXPENSES
Revised
7/1/2013
5.15.04 PUBLIC ACCESS TO POLICE REPORTS
Revised
7/1/2014
5.15.05 JURY INSTRUCTIONS
Revised
7/1/2014
6.00.00 TRAFFIC AND SMALL CLAIMS
PROCEEDINGS
Revised
7/1/2014
6.00.01 TRIAL BY WRITTEN DECLARATION
1/1/1994
7.00.00 CIVIL PROCEEDINGS
1/1/1994
7.01.00 APPLICATION OF RULES
Effective
7/1/2014
7.02.00 TELECONFERENCING AND
VIDEOCONFERENCING
Effective
7/1/2014
7.03.00–
7.08.00
RESERVED FOR FUTURE USE
Revised
7/1/2014
7.09.00 FACSIMILE TRANSMISSION AND SERVICE
OF DOCUMENTS
1/1/1994
7.09.01 DEFINITIONS
1/1/2007
7.10.00 LAW AND MOTION CALENDAR
1/1/1994
7.10.01 SCOPE OF LAW AND MOTION RULES
1/1/2007
7.10.02 MOTIONS: IN GENERAL
Revised
1/1/2012
7.10.03 PLEADINGS
1/1/2007
7.10.04 CONTINUANCES
1/1/1994
7.10.05 TENTATIVE RULING SYSTEM FOR
WESTERN SLOPE AND SOUTH LAKE
TAHOE
Revised
7/1/2013
7.10.06 LENGTH OF HEARING; LONG CAUSE
MATTERS
7/1/2011
7.10.07 DEFAULTS OR UNCONTESTED MATTERS;
PROVE-UPS
1/1/2000
7.10.08 MOTIONS TO BE RELIEVED AS COUNSEL
Revised
1/1/2012
7.10.09 ARBITRATION
Revised
1/1/2012
7.10.10 EX PARTE MOTIONS AND APPLICATIONS;
ORDERS SHORTENING TIME
Revised
7/1/2014
7.10.11 MOTION FOR SUMMARY JUDGMENT AND
SUMMARY ADJUDICATION
Revised
1/1/2012
7.10.12 COMPROMISE OF CLAIM OF MINOR OR
INCOMPETENT PERSON
Revised
7/1/2013
7.11.00 EXHIBIT STORAGE AND DISPOSITION
Revised
7/1/2014
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126
Revised January 1, 2015
Chapter Title Date
7.11.01 POLICY
1/1/1994
7.11.02 RECEIPT OF EXHIBITS
1/1/2008
7.11.03 RETENTION, DESTRUCTION, AND RETURN
OF EXHIBITS
1/1/2000
7.11.04 VIEWING EXHIBITS
1/1/1994
7.12.00 TRIAL COURT CASE MANAGEMENT RULES
7/1/2002
7.12.01 APPLICATION OF CASE MANAGEMENT
RULES
Revised
7/1/2014
7.12.02 POLICY
Revised
7/1/2014
7.12.03 ASSIGNMENT OF CASES AND
CHALLENGES TO ASSIGNED JUDGE
Revised
1/1/2012
7.12.04 DELEGATION TO TEMPORARY JUDGE AND
CHALLENGES
7/1/2001
7.12.05 SETTING THE CASE MANAGEMENT
CONFERENCE DATE AND CASE
MANAGEMENT DOCUMENTS
Revised
7/1/2013
7.12.06 SERVICE OF COMPLAINT AND CASE
MANAGEMENT DOCUMENTS
Revised
7/1/2014
7.12.07 RESPONSIVE PLEADINGS
7/1/2002
7.12.08 OBLIGATION TO TAKE DEFAULT AND
OBTAIN JUDGMENT
Revised
1/1/2012
7.12.09 UNINSURED MOTORIST CASES
Revised
1/1/2012
7.12.10 CASE MANAGEMENT CONFERENCE
Revised
1/1/2015
7.12.11 MANDATORY SETTLEMENT AND
READINESS CONFERENCE
Revised
7/1/2014
7.12.12 ISSUES CONFERENCE
Revised
1/1/2012
7.12.13 SANCTIONS
Revised
1/1/2012
7.12.14 RESERVED FOR FUTURE USE
1/1/2006
7.12.15 PLAINTIFF’S DUTY IF CASE SETTLES,
VACATION OF DATES, AND THE
DISMISSAL HEARING.
1/1/2007
7.12.16 RESERVED FOR FUTURE USE
Revised
7/1/2014
7.12.17 CONTINUANCES OF DATES
Revised
7/1/2014
7.12.18 CONFLICTS AMONG THE RULES
7/1/2002
7.12.19 ELECTRONIC RECORDINGS OFFERED INTO
EVIDENCE
Revised
7/1/2014
7.13.00 RESERVED FOR FUTURE USE
1/1/1994
7.14.00 RESERVED FOR FUTURE USE
Revised
7/1/2013
7.15.00 RESERVED FOR FUTURE USE
1/1/2007
7.16.00 RULES FOR ACTIONS ARISING UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY
ACT – PUBLIC RESOURCES CODE, SECTION
21000, ET SEQ.
Revised
1/1/2012
8.00.00 FAMILY LAW PROCEEDINGS
Revised
7/1/2014
8.00.01 DEFINITION OF FAMILY LAW MATTERS
1/1/1994
8.00.02 APPLICATION OF RULES
Revised
1/1/2012
8.00.03 FAMILY AND JUVENILE COURT
Revised
1/1/2012
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127
Revised January 1, 2015
Chapter Title Date
MANAGEMENT OF CHILD ABUSE CASES
8.00.04 FAMILY COURT ORDERS ISSUED IN
JUVENILE COURT
Revised
1/1/2012
8.00.05 PROCEDURES FOR AIDS TESTING OF
MINORS
7/1/2002
8.01.00 MEET AND CONFER REQUIREMENT
1/1/1994
8.01.01 REQUIREMENT
Revised
1/1/2012
8.02.00 CONTINUANCES
1/1/1994
8.02.01 CONTINUANCE DISFAVORED
1/1/1994
8.02.02 ONE CONTINUANCE LIMITATION
Revised
1/1/2012
8.02.03 CONTINUANCE FOR CHILD CUSTODY
RECOMMENDING COUNSELING
Revised
1/1/2012
8.02.04 CONTINUANCE BY STIPULATION ON LAW
AND MOTION MATTERS
Revised
1/1/2012
8.03.00 INCOME AND EXPENSE DECLARATIONS
1/1/1994
8.03.01 WHEN REQUIRED
Revised
7/1/2013
8.03.02 PREPARATION INSTRUCTIONS
Revised
7/1/2013
8.03.03 ADDITIONAL INFORMATION TO BE
PROVIDED
Revised
1/1/2012
8.03.04 SANCTIONS
1/1/1994
8.03.05 INFORMATION PRIVILEGED
Revised
1/1/2012
8.04.00 CHILDREN IN COURTROOM
Revised
1/1/2012
8.05.00 ORDERS TO SHOW CAUSE AND NOTICES
OF MOTION
1/1/1994
8.05.01 DATE, TIME, AND PLACE OF HEARING
Revised
1/1/2012
8.05.02 MOVING AND RESPONSIVE PAPERS
Revised
1/1/2012
8.05.03 FORMAT OF ORDERS TO SHOW CAUSE
AND NOTICES OF MOTION
Revised
1/1/2012
8.05.04 APPLICATION FOR ORDER EXCLUDING
FROM HOME
Revised
1/1/2012
8.05.05 APPLICATION FOR EX PARTE TEMPORARY
CUSTODY ORDER
Revised
1/1/2012
8.05.06 APPLICATION FOR EX PARTE ORDER FOR
IMMEDIATE CHANGE OF PRIOR ORDER
FOR CUSTODY OF MINOR
Revised
1/1/2012
8.06.00 CONDUCT OF HEARING
1/1/1994
8.06.01 TIME LIMITATIONS
Revised
1/1/2012
8.06.02 LACK OF APPEARANCE
Revised
1/1/2012
8.06.03 MATTERS TAKEN OFF CALENDAR
Revised
1/1/2012
8.06.04 PREPARATION OF ORDER AFTER HEARING
Revised
1/1/2012
8.07.00 EX PARTE ORDERS AND ORDERS
SHORTENING TIME
1/1/1994
8.07.01 DECLARATIONS REQUIRED
1/1/1994
8.07.02 NOTICE
Revised
1/1/2012
8.07.03 OPPONENT REPRESENTATION
1/1/2004
8.07.04 NOTICE EXCUSED
1/1/1994
LOCAL RULES – EL DORADO COUNTY
128
Revised January 1, 2015
Chapter Title Date
8.07.05 SERVICE OF PAPERS
Revised
7/1/2012
8.07.06 NOTICE WAIVED
1/1/1994
8.08.00 CONDITIONS FOR ISSUANCE OF ORDERS
SHORTENING TIME
1/1/1994
8.08.01 AFFIDAVIT
Revised
1/1/2012
8.08.02 NOTICE
Revised
1/1/2012
8.08.03 REASON TO BE STATED
1/1/1994
8.09.00 CHILD AND SPOUSAL SUPPORT
1/1/1994
8.09.01 GOVERNING LAWS
1/1/1994
8.09.02 SPOUSAL SUPPORT
1/1/1994
8.09.03 TEMPORARY SPOUSAL SUPPORT
1/1/2001
8.09.04 NO LIMITATION ON COURT DISCRETION
1/1/2001
8.09.05 PERMANENT SPOUSAL SUPPORT
1/1/1994
8.10.00 CHILD CUSTODY, VISITATION AND CHILD
CUSTODY RECOMMENDING COUNSELING
– GENERAL PROVISIONS
Revised
1/1/2012
8.10.01 REFERRAL TO CHILD CUSTODY
RECOMMENDING COUNSELING
Revised
1/1/2012
8.10.02 CHILD CUSTODY RECOMMENDING
COUNSELING SCHEDULING
Revised
1/1/2012
8.10.03 APPOINTMENT OF CHILD CUSTODY
RECOMMENDING COUNSELOR OR
EVALUATOR; STANDARDS;
QUALIFICATIONS
Revised
1/1/2012
8.10.04 MINIMUM STANDARDS
Revised
1/1/2012
8.10.05 EX PARTE CONTACT PROHIBITED
Revised
1/1/2012
8.10.06 PARTICIPATION OF CHILDREN
Revised
1/1/2015
8.10.07 BOTH PARENTS TO BE INTERVIEWED
Revised
1/1/2015
8.11.00 CHALLENGES TO CHILD CUSTODY
RECOMMENDING
COUNSELORS/EVALUATORS
Revised
1/1/2012
8.11.01 ONE CHALLENGE PER PARTY
Revised
1/1/2012
8.11.02 NO FURTHER CHALLENGES
Revised
1/1/2012
8.11.03 SUBSEQUENT CHILD CUSTODY
RECOMMENDING COUNSELING SESSIONS
Revised
1/1/2012
8.11.04 NO PEREMPTORY CHALLENGE AFTER
FIRST INTERVIEW
Revised
1/1/2012
8.12.00 PAYMENT OF CHILD CUSTODY
RECOMMENDING COUNSELOR’S OR
EVALUATOR’S FEES
Revised
1/1/2012
8.13.00 COMPLAINT PROCEDURE ABOUT CHILD
CUSTODY RECOMMENDING COUNSELOR
Revised
1/1/2015
8.14.00 CHILD CUSTODY RECOMMENDING
COUNSELING PROCESS
Revised
1/1/2012
8.14.01 SUPPORT PERSONS
Revised
1/1/2012
8.14.02 CONDUCT OF CHILD CUSTODY
RECOMMENDING COUNSELOR
Revised
1/1/2015
LOCAL RULES – EL DORADO COUNTY
129
Revised January 1, 2015
Chapter Title Date
8.14.03 CHILD CUSTODY RECOMMENDING
COUNSELING AGREEMENT
Revised
1/1/2015
8.14.04 CHILD CUSTODY RECOMMENDING
COUNSELOR RECOMMENDATIONS
Revised
1/1/2012
8.14.05 COPY TO BE PROVIDED
Revised
1/1/2012
8.14.06 RECOMMENDATION OF CHILD CUSTODY
RECOMMENDING COUNSELOR
Revised
1/1/2012
8.14.07 CHILD CUSTODY RECOMMENDING
COUNSELING WITHOUT PENDING
PROCEEDING
Revised
1/1/2012
8.14.08 PRIVATE CHILD CUSTODY
RECOMMENDING COUNSELING
Revised
1/1/2012
8.14.09 CONFIDENTIALITY OF CHILD CUSTODY
RECOMMENDING COUNSELOR REPORTS
AND EVALUATION REPORTS
Revised
1/1/2015
8.15.00 EVALUATION
1/1/1994
8.15.01 EVALUATION UNDER FAMILY CODE
SECTION 3110
Revised
7/1/2013
8.15.02 EVALUATION REPORT
1/1/2012
8.15.03 TESTIMONY OF EVALUATOR
Revised
1/1/2012
8.15.04 STIPULATIONS FOR USE OF SPECIAL
MASTER IN CHILD CUSTODY CASES
Revised
1/1/2012
8.16.00 AWARD OF ATTORNEY'S FEES, COSTS,
AND SANCTIONS
Revised
7/1/2014
8.16.01 GOVERNING LAW
1/1/1994
8.16.02 FACTORS TO BE CONSIDERED IN SETTING
FEES AND COSTS
Revised
1/1/2012
8.16.03 DOCUMENTATION IN SUPPORT OF AWARD
OF FEES OR COSTS
1/1/1994
8.16.04 INCOME AND EXPENSE DECLARATION
Revised
7/1/2013
8.16.05 DECLARATION TESTIMONY AND BILLINGS
1/1/1994
8.17.00 SANCTIONS
1/1/1994
8.17.01 ATTORNEYS FEES
Revised
1/1/2012
8.17.02 OTHER SANCTIONS
1/1/1994
8.18.00 STATUS/TRIAL SETTING CONFERENCE
1/1/1994
8.18.01 DATE, TIME, AND PLACE OF CONFERENCE
1/1/2001
8.18.02 CONTINUANCES BECAUSE OF CONFLICT
Revised
7/1/2013
8.18.03 ATTENDANCE
Revised
1/1/2012
8.18.04 RESOLUTION OF ISSUES
Revised
1/1/2012
8.18.05 PARTIES’ ATTENDANCE
1/1/2001
8.18.06 SANCTIONS
Revised
7/1/2013
8.19.00 STATEMENT OF ISSUES, CONTENTIONS,
AND PROPOSED DISPOSITION OF THE
CASE
1/1/1994
8.19.01 FILING DATE
Revised
1/1/2012
8.19.02 CONTENTS
Revised
1/1/2012
8.19.03 MANDATORY SETTLEMENT
Revised
1/1/2012
LOCAL RULES – EL DORADO COUNTY
130
Revised January 1, 2015
Chapter Title Date
CONFERENCES IN FAMILY LAW CASES
8.20.00 CONTESTED TRIALS
1/1/1994
8.20.01 TRIAL SETTING
Revised
1/1/2012
8.20.02 POST-TRIAL JUDGMENT
Revised
1/1/2015
8.20.03 TRIAL EXHIBITS
Revised
7/1/2012
8.20.04 LONG CAUSE CONTESTED HEARINGS AND
TRIAL BRIEFS
Revised
1/1/2012
8.20.05 MOTIONS IN LIMINE
Revised
1/1/2012
8.20.06 COURT REPORTER FEES
Revised
1/1/2013
8.21.00 DEFAULT OR UNCONTESTED JUDGMENT
1/1/1994
8.21.01 HEARING
1/1/1994
8.21.02 FORMAT OF JUDGMENT
Revised
1/1/2015
8.21.03 UNCONTESTED JUDGMENTS GRANTED IN
OPEN COURT
Effective
1/1/2015
8.22.00 CONTENTS OF JUDGMENT
1/1/1994
8.22.01 CUSTODY AND VISITATION
1/1/1994
8.22.02 CHILD SUPPORT
Revised
1/1/2012
8.22.03 SPOUSAL SUPPORT
1/1/1994
8.22.04 RESTRAINING ORDERS
7/1/2001
8.22.05 DIVISION OF COMMUNITY PROPERTY
1/1/1994
8.23.00 APPOINTMENT OF COUNSEL FOR
CHILD(REN)
1/1/1994
8.23.01 EDUCATION AND EXPERIENCE
REQUIREMENTS
Revised
7/1/2014
8.23.02 RIGHTS AND RESPONSIBILITIES OF
APPOINTED COUNSEL FOR A CHILD
7/1/2009
8.24.00 TITLE IV-D CASES (DEPARTMENT OF
CHILD SUPPORT)
7/1/1997
8.24.01 DEFINITIONS
7/1/1997
8.24.02 COMMISSIONER AND TITLE IV-D CASES
Revised
7/1/2013
8.24.03 POWERS OF COMMISSIONER IN TITLE IV-D
CASES
7/1/1997
8.24.04 CONTESTED CUSTODY AND/OR
VISITATION ISSUES RAISED IN TITLE IV-D
CASES
Revised
7/1/2013
8.25.00 FAMILY LAW FACILITATORS
1/1/1998
8.25.01 OFFICE OF FAMILY LAW FACILITATOR
1/1/1998
8.25.02 FACILITATOR SERVICES
1/1/1998
8.25.03 ADDITIONAL DUTIES OF THE FAMILY LAW
FACILITATOR
Revised
7/1/2014
8.25.04 COMPLAINT PROCEDURE FOR FAMILY
LAW FACILITATOR
7/1/2003
8.26.00 ACCESS TO COURT HEARINGS
7/1/2000
8.26.01 ACCESS TO CERTAIN FAMILY LAW FILES
Revised
1/1/2012
9.00.00 ADOPTION PROCEEDINGS
1/1/1994
9.00.01 ADOPTION HEARINGS
Revised
7/1/2014
LOCAL RULES – EL DORADO COUNTY
131
Revised January 1, 2015
Chapter Title Date
9.00.02 ACCESS TO ADOPTION FILES
Revised
1/1/2012
10.00.00 PROBATE PROCEEDINGS
Revised
7/1/2014
10.00.01 PROBATE CALENDAR AND TENTATIVE
RULING SYSTEM
Revised
1/1/2011
10.00.02 FILING OBJECTIONS OR CONTINUANCES
1/1/1994
10.00.03 CONTINUANCES
Revised
1/1/2015
10.00.04 MATTERS REQUIRING APPEARANCES
1/1/1994
10.00.05 PREPARATION OF ORDERS
1/1/1994
10.00.07 PROOF OF ROUTINE MATTERS
1/1/1994
10.00.08 WAIVER OF RULE
1/1/1994
10.01.00 NOTICES
1/1/1994
10.01.01 PROBATE HEARING ONCE NOTICED
CANNOT BE ADVANCED
1/1/1994
10.01.02 REQUIREMENTS FOR GIVING NOTICE OF
PROCEEDINGS IN THE PROBATE COURT
Revised
1/1/2014
10.01.03 SUBSTITUTED SERVICE
1/1/1994
10.01.04 ADDITIONAL NOTICE IN COURT’S
DISCRETION
Revised
1/1/2012
10.02.00 APPOINTMENT OF EXECUTORS AND
ADMINISTRATORS
1/1/1994
10.02.01 SPECIAL LETTERS, NOTICE, AND
APPOINTMENT
1/1/1994
10.02.02 CORPORATE AND INDIVIDUAL CO-
REPRESENTATIVES
1/1/1994
10.02.03 AMOUNT OF BOND
Revised
1/1/2012
10.02.04 DEPOSIT OF PERSONAL PROPERTY FOR
REDUCTION OF BOND
Revised
1/1/2012
10.02.05 MULTIPLE REPRESENTATIVES
1/1/1994
10.02.06 PROOF OF WILLS BY AFFIDAVIT OR
DECLARATION
1/1/1994
10.02.07 PETITION FOR LETTERS WHERE BOND IS
REQUIRED
1/1/1994
10.02.08 LISTING HEIRS, DEVISEES, EXECUTORS,
AND FIDUCIARIES IN PETITIONS
Revised
1/1/2012
10.02.09 AGE, ADDRESS, AND RELATIONSHIP
Revised
7/1/2014
10.02.10 INFORMATION REQUIRED OF PERSONAL
REPRESENTATIVES UPON
ACKNOWLEDGEMENT OF DUTIES
Revised
1/1/2012
10.03.00 MOTIONS, PETITIONS, AND ORDERS
1/1/1994
10.03.01 CAPTIONS
1/1/1994
10.03.02 PETITION TO SUPPORT EX PARTE ORDER
1/1/1994
10.03.03 ORDERS TO BE COMPLETE IN
THEMSELVES
1/1/1994
10.03.04 NUNC PRO TUNC ORDERS CORRECTING
CLERICAL ERRORS
1/1/1994
10.03.05 WITHDRAWAL OF ATTORNEY OF RECORD
Revised
1/1/2012
10.03.06 ESCHEAT PETITIONS
1/1/1994
LOCAL RULES – EL DORADO COUNTY
132
Revised January 1, 2015
Chapter Title Date
10.03.07 LODGING OF ORIGINAL WILL AND PROOF
IN SUMMARY PROCEEDINGS
Revised
7/1/2014
10.04.00 CREDITORS’ CLAIMS
1/1/1994
10.04.01 CLAIMS OF EXECUTORS AND
ADMINISTRATORS FOR PERSONAL
SERVICES
1/1/1994
10.04.02 APPROVAL OF FUNERAL CLAIMS
1/1/1994
10.04.03 PROOF OF SERVICE ON REJECTED CLAIMS
1/1/1994
10.05.00 SALES
1/1/1994
10.05.01 BROKER’S COMMISSION ON SALE OF REAL
PROPERTY
1/1/1994
10.05.02 LISTING AGREEMENT
Revised
1/1/2012
10.05.03 NOTICE AND HEARING ON CONFIRMATION
OF SALE OF REAL PROPERTY
Revised
1/1/2012
10.06.00–
10.06.99
RESERVED FOR FUTURE USE
1/1/1994
10.07.00 ACCOUNTS, FEES, AND DISTRIBUTION
Revised
7/1/2014
10.07.01 INVESTMENT PERFORMANCE
INFORMATION
1/1/1994
10.07.02 WAIVER OF ACCOUNT (DECEDENT’S
ESTATES)
1/1/1994
10.07.03 COMPENSATION MUST BE STATED
Revised
7/1/2013
10.07.04 ALLOWANCE ON ACCOUNT OF
COMPENSATION
Revised
1/1/2012
10.07.05 FEES OR COMMISSIONS TAKEN IN
ADVANCE
1/1/1994
10.07.06 COSTS
1/1/1994
10.07.07 DESCRIPTION OF PROPERTY DISTRIBUTED
Revised
1/1/2012
10.07.08 PETITION TO INCLUDE PROPOSED
DISTRIBUTION
1/1/1994
10.07.09 AGREEMENTS FOR DISTRIBUTION
1/1/1994
10.07.10 DISTRIBUTION TO MINORS
Revised
1/1/2012
10.07.11 DOCUMENTS TO BE ON FILE BEFORE
HEARING FOR DISTRIBUTION
Revised
1/1/2012
10.07.12 PETITION FOR FINAL DISTRIBUTION
Revised
7/1/2013
10.07.13 SPOUSAL PROPERTY ELECTION
Revised
1/1/2012
10.08.00 JOINT TENANCIES AND LIFE ESTATES
1/1/1994
10.08.01 PROCEEDINGS MUST BE IN NAME OF
DECEDENT
1/1/1994
10.08.02 SEPARATE PETITION PREFERRED
Revised
1/1/2012
10.09.00 GUARDIANSHIPS AND
CONSERVATORSHIPS – GENERAL
PROVISIONS
1/1/1994
10.09.01 APPOINTMENT OF TEMPORARY
GUARDIAN OR CONSERVATOR
Revised
7/1/2013
10.09.02 GUARDIAN’S AND CONSERVATOR’S
BONDS
Revised
1/1/2012
LOCAL RULES – EL DORADO COUNTY
133
Revised January 1, 2015
Chapter Title Date
10.09.03 ALLOWANCE OF FEES IN GUARDIANSHIPS
OR CONSERVATORSHIPS
Revised
1/1/2012
10.09.04 INVESTMENT BY GUARDIAN OR
CONSERVATOR
Revised
1/1/2012
10.09.05 INVESTMENT PERFORMANCE REPORT
Revised
1/1/2012
10.09.06 WAIVER OF ACCOUNT
Revised
1/1/2012
10.09.07 ADDITIONAL POWERS
Revised
1/1/2012
10.09.08 ACCOUNTS
Revised
1/1/2014
10.09.09 IDENTIFYING NUMBERS
1/1/1994
10.09.10 VERIFIED DUTIES OF CONSERVATOR AND
ACKNOWLEDGEMENT
Revised
1/1/2012
10.10.00 GUARDIANSHIPS OF MINORS
1/1/1994
10.10.01 APPOINTMENT OF GUARDIAN OF MINOR
1/1/1994
10.10.02 HEARING ON PETITION FOR APPOINTMENT
OF GUARDIAN OF NON-RELATIVE MINOR
Revised
1/1/2012
10.10.03 EFFECT OF OTHER PROCEEDINGS
1/1/1994
10.10.04 DUTIES OF GUARDIAN – SUPPORT BY
PARENTS
Revised
7/1/2013
10.10.05 FINAL ACCOUNT AND REPORT
1/1/1994
10.10.06 PROCEEDINGS UNDER PROBATE CODE
SECTION 3410, ET SEQ.
1/1/1994
10.10.07 COSTS OF INVESTIGATIONS
Revised
1/1/2012
10.11.00 CONSERVATORSHIPS
1/1/1994
10.11.01 APPOINTMENT OF CONSERVATOR
Revised
1/1/2012
10.11.02 PLACING PETITION ON CALENDAR
1/1/1994
10.11.03 TERMINATION OF CONSERVATORSHIP
Revised
1/1/2012
10.11.04 FINAL ACCOUNT OR REPORT
Revised
1/1/2012
10.11.05 SALE OF CONSERVATEE'S RESIDENCE
Revised
1/1/2012
10.11.06 CONFIDENTIAL REPORTS, SUPPLEMENTS,
OR PLANS
Revised
1/1/2012
10.12.00–
10.22.01
RESERVED FOR FUTURE USE
1/1/1994
10.13.00 TRUSTS SUBJECT TO CONTINUING COURT
JURISDICTION
1/1/1994
10.13.01 IN GENERAL
1/1/1994
10.13.02 PERIOD OF ACCOUNT
1/1/1994
10.13.03 PRINCIPAL AND INCOME
1/1/1994
10.13.04 REPORT OF TRUSTEE
Revised
1/1/2012
10.14.00 COURT-APPOINTED COUNSEL IN
GUARDIANSHIPS AND
CONSERVATORSHIPS
Revised
7/1/2013
10.14.01 INVESTIGATIVE AND EXPERT FEES AND
EXPENSES; COMPENSATION
Effective
7/1/2012
10.15.00 ACCESS TO CERTAIN PROBATE FILES
Revised
1/1/2012
11.00.00 JUVENILE PROCEEDINGS
1/1/1994
11.00.01 SESSIONS
Revised
7/1/2012
LOCAL RULES – EL DORADO COUNTY
134
Revised January 1, 2015
Chapter Title Date
11.00.02 RULES OF PROCEDURE
Revised
7/1/2012
11.00.03 DISCLOSURE OF RECORDS IN JUVENILE
CASE FILE
Revised
7/1/2012
11.00.04 AGENCY REPRESENTATION
1/1/1994
11.00.05 PREHEARING DISCOVERY IN WELFARE
AND INSTITUTIONS CODE SECTIONS 300,
601, AND 602 PROCEEDINGS
Revised
7/1/2012
11.00.06 THE COURT-APPOINTED SPECIAL
ADVOCATE PROGRAM
Revised
7/1/2013
11.00.7 SERVICE OF CASA REPORTS
1/1/2003
11.00.08 RELEASE OF INFORMATION TO CASA
ADVOCATES
Revised
7/1/2012
11.00.09 FAMILY LAW ADVOCACY
1/1/2003
11.00.10 CALENDAR PRIORITY
1/1/2003
11.00.11 CASE SELECTION PROCEDURE
Revised
7/1/2013
11.00.12 FINANCIAL DECLARATION
Revised
7/1/2012
11.00.13 APPOINTMENT OF PRIVATE ATTORNEYS
Revised
7/1/2013
11.00.14 INVESTIGATOR, EXPERT FEES, EXPENSES
IN JUVENILE COURT
Revised
7/1/2012
11.00.15 DETENTION HEARINGS IN SECTION 300
MATTERS
Revised
7/1/2012
11.00.16 NON-DETENTION HEARINGS
Revised
7/1/2012
11.00.17 CONTESTED
JURISDICTIONAL/DISPOSITIONAL
HEARINGS
Revised
7/1/2012
11.00.18 VISITATION
Revised
7/1/2012
11.00.19 CONFIDENTIALITY IN DEPENDENCY
MATTERS
1/1/1996
12.00.00 ON-CALL JUDGES 1/1/2009
LOCAL RULES – EL DORADO COUNTY
135
Revised January 1, 2015
ALPHABETICAL INDEX OF RULES
SECTION TITLE PAGE
9.00.02 ACCESS TO ADOPTION FILES 85
8.26.01 ACCESS TO CERTAIN FAMILY LAW FILES 82
10.15.00 ACCESS TO CERTAIN PROBATE FILES 106
8.26.00 ACCESS TO COURT HEARINGS 82
10.09.08 ACCOUNTS 99
10.07.00 ACCOUNTS, FEES, AND DISTRIBUTION 93
8.25.03 ADDITIONAL DUTIES OF THE FAMILY LAW FACILITATOR 81
8.03.03 ADDITIONAL INFORMATION TO BE PROVIDED 58
10.01.04 ADDITIONAL NOTICE IN COURT’S DISCRETION 88
10.09.07 ADDITIONAL POWERS 99
9.00.01 ADOPTION HEARINGS 85
9.00.00 ADOPTION PROCEEDINGS 85
8.08.01 AFFIDAVIT 62
10.02.09 AGE, ADDRESS, AND RELATIONSHIP 90
11.00.04 AGENCY REPRESENTATION 107
10.07.09 AGREEMENTS FOR DISTRIBUTION 95
2.00.14 ALCOHOLIC BEVERAGES 9
10.09.03
ALLOWANCE OF FEES IN GUARDIANSHIPS OR
CONSERVATORSHIPS 98
10.07.04 ALLOWANCE ON ACCOUNT OF COMPENSATION 95
1.00.05 AMENDMENT, ADDITION, OR REPEAL OF RULES 2
10.02.03 AMOUNT OF BOND 88
AND EVALUATION REPORTS 67
12.00.00 APPELLATE DEPARTMENT OF THE SUPERIOR COURT 121
8.27.02 APPLICABILITY 83
8.05.06
APPLICATION FOR EX PARTE ORDER FOR IMMEDIATE CHANGE
OF PRIOR ORDER FOR CUSTODY OF MINOR 60
8.05.05 APPLICATION FOR EX PARTE TEMPORARY CUSTODY ORDER 60
8.05.04 APPLICATION FOR ORDER EXCLUDING FROM HOME 60
7.12.01 APPLICATION OF CASE MANAGEMENT RULES 37
5.00.01 APPLICATION OF RULES 17
7.01.00 APPLICATION OF RULES 25
8.00.02 APPLICATION OF RULES 53
8.10.03
APPOINTMENT OF CHILD CUSTODY RECOMMENDING
COUNSELOR/EVALUATOR; STANDARDS; QUALIFICATIONS 64
10.11.01 APPOINTMENT OF CONSERVATOR 102
8.23.00 APPOINTMENT OF COUNSEL FOR CHILD(REN) 79
10.02.00 APPOINTMENT OF EXECUTORS AND ADMINISTRATORS 88
10.10.01 APPOINTMENT OF GUARDIAN OF MINOR 100
11.00.13 APPOINTMENT OF PRIVATE ATTORNEYS 111
10.09.01 APPOINTMENT OF TEMPORARY GUARDIAN OR CONSERVATOR 97
10.04.02 APPROVAL OF FUNERAL CLAIMS 92
7.10.09 ARBITRATION 31
LOCAL RULES – EL DORADO COUNTY
136
Revised January 1, 2015
SECTION TITLE PAGE
7.12.03
ASSIGNMENT OF CASES AND CHALLENGES TO ASSIGNED
JUDGE 38
2.00.03 ASSISTANT PRESIDING JUDGE 2
8.18.03 ATTENDANCE 72
8.27.04 ATTENDANCE AT STATUS CONFERENCE 83
4.00.07 ATTORNEY “WILL-CALL” FILE 16
8.17.01 ATTORNEY’S FEES 71
8.27.01 AUTHORITY 83
8.16.00 AWARD OF ATTORNEY’S FEES, COSTS, AND SANCTIONS 70
5.10.00 BAIL 18
5.10.02 BAIL FORFEITURES 18
8.10.07 BOTH PARENTS TO BE INTERVIEWED 65
10.05.01 BROKER’S COMMISSION ON SALE OF REAL PROPERTY 93
11.00.10 CALENDAR PRIORITY 110
10.03.01 CAPTIONS 90
CASE 73
7.12.10 CASE MANAGEMENT CONFERENCE 41
11.00.11 CASE SELECTION PROCEDURE 110
2.00.04 CEO OF THE SUPERIOR COURT 3
8.11.00
CHALLENGES TO CHILD CUSTODY RECOMMENDING
COUNSELORS OR EVALUATORS 65
8.09.00 CHILD AND SPOUSAL SUPPORT 63
8.14.03 CHILD CUSTODY RECOMMENDING COUNSELING AGREEMENT 66
8.14.00 CHILD CUSTODY RECOMMENDING COUNSELING PROCESS 66
8.10.02 CHILD CUSTODY RECOMMENDING COUNSELING SCHEDULING 64
8.14.07
CHILD CUSTODY RECOMMENDING COUNSELING WITHOUT
PENDING PROCEEDING 67
8.14.04
CHILD CUSTODY RECOMMENDING COUNSELOR
RECOMMENDATIONS 67
8.10.00
CHILD CUSTODY, VISITATION AND CHILD CUSTODY
RECOMMENDING COUNSELING – GENERAL PROVISIONS 63
8.22.02 CHILD SUPPORT 78
8.04.00 CHILDREN IN COURTROOM 59
7.00.00 CIVIL PROCEEDINGS 25
10.04.01
CLAIMS OF EXECUTORS AND ADMINISTRATORS FOR
PERSONAL SERVICES 92
8.24.02 COMMISSIONER AND TITLE IV-D CASES 80
3.00.01 COMMON JURY PANEL 11
10.07.03 COMPENSATION MUST BE STATED 94
8.25.04 COMPLAINT PROCEDURE FOR FAMILY LAW FACILITATOR 82
2.00.06
COMPLAINTS AGAINST COMMISSIONERS, REFEREES, AND
JUDGES PRO TEMPORE 3
8.13.00
COMPLAINT PROCEDURE ABOUT CHILD CUSTODY
RECOMMENDING COUNSELOR 66
7.10.12 COMPROMISE OF CLAIM OF MINOR OR INCOMPETENT PERSON 34
LOCAL RULES – EL DORADO COUNTY
137
Revised January 1, 2015
SECTION TITLE PAGE
8.08.00 CONDITIONS FOR ISSUANCE OF ORDERS SHORTENING TIME 62
8.14.02 CONDUCT OF CHILD CUSTODY RECOMMENDING COUNSELOR 66
8.06.00 CONDUCT OF HEARING 60
10.11.06 CONFIDENTIAL REPORTS, SUPPLEMENTS, OR PLANS 103
11.00.19 CONFIDENTIALITY IN DEPENDENCY MATTERS 120
8.14.09
CONFIDENTIALITY OF CHILD CUSTODY RECOMMENDING
COUNSELOR REPORTS AND EVALUATION REPORTS 67
7.12.18 CONFLICTS AMONG THE RULES 48
4.00.04 CONFORMING COPIES 15
10.11.00 CONSERVATORSHIPS 102
1.00.03 CONSTRUCTION AND APPLICATION OF RULES 1
8.19.02 CONTENTS 73
8.22.00 CONTENTS OF JUDGMENT 78
8.24.04
CONTESTED CUSTODY AND/OR VISITATION ISSUES RAISED IN
TITLE IV-D CASES 81
11.00.17 CONTESTED JURISDICTIONAL/DISPOSITIONAL HEARINGS 119
8.20.00 CONTESTED TRIALS 75
8.02.04
CONTINUANCE BY STIPULATION ON LAW AND MOTION
MATTERS 57
8.02.01 CONTINUANCE DISFAVORED 57
8.02.03
CONTINUANCE FOR CHILD CUSTODY RECOMMENDING
COUNSELING 57
5.12.01 CONTINUANCES 21
7.10.04 CONTINUANCES 28
8.02.00 CONTINUANCES 57
8.18.02 CONTINUANCES BECAUSE OF CONFLICT 72
7.12.17 CONTINUANCES OF DATES 47
10.00.03 CONTINUANCES 87
8.14.05 COPY TO BE PROVIDED 67
10.02.02 CORPORATE AND INDIVIDUAL CO-REPRESENTATIVES 88
10.07.06 COSTS 95
10.10.07 COSTS OF INVESTIGATIONS 101
COUNSELING – GENERAL PROVISIONS 63
COURT 88
5.15.00 COURT APPOINTED COUNSEL AND EXPERTS; COMPENSATION 23
10.14.00
COURT APPOINTED COUNSEL IN GUARDIANSHIPS AND
CONSERVATORSHIPS 104
2.00.05 COURT COMMISSIONERS AND JUDGES PRO TEMPORE 3
2.00.00 COURT OF ORIGINAL PROCEEDINGS 2
8.20.06 COURT REPORTER FEES 77
2.00.16 COURT SECURITY: SEARCHES OF PERSONS AND PROPERTY 9
10.04.00 CREDITORS’ CLAIMS 92
5.00.02 CRIMINAL COMPLAINTS: FORMAT 17
5.00.03 CRIMINAL COMPLAINTS: TIME AND PLACE FOR FILING 17
5.00.00 CRIMINAL PROCEEDINGS 17
LOCAL RULES – EL DORADO COUNTY
138
Revised January 1, 2015
SECTION TITLE PAGE
8.22.01 CUSTODY AND VISITATION 78
8.18.01 DATE, TIME, AND PLACE OF CONFERENCE 72
8.05.01 DATE, TIME, AND PLACE OF HEARING 59
8.16.05 DECLARATION TESTIMONY AND BILLINGS 71
8.07.01 DECLARATIONS REQUIRED 61
8.21.00 DEFAULT OR UNCONTESTED JUDGMENT 77
7.10.07 DEFAULTS OR UNCONTESTED MATTERS; PROVE-UPS 31
8.00.01 DEFINITION OF FAMILY LAW MATTERS 53
1.00.04 DEFINITION OF WORDS USED IN THESE RULES 1
7.09.01 DEFINITIONS 26
8.24.01 DEFINITIONS 80
7.12.04 DELEGATION TO TEMPORARY JUDGE AND CHALLENGES 39
3.00.02 DEMAND FOR JURY IN CIVIL ACTION; PAYMENT OF FEES 11
10.02.04 DEPOSIT OF PERSONAL PROPERTY FOR REDUCTION OF BOND 89
10.07.07 DESCRIPTION OF PROPERTY DISTRIBUTED 95
11.00.15 DETENTION HEARINGS IN SECTION 300 MATTERS 117
11.00.03 DISCLOSURE OF RECORDS IN JUVENILE CASE FILE 107
10.07.10 DISTRIBUTION TO MINORS 96
8.22.05 DIVISION OF COMMUNITY PROPERTY 79
8.16.03 DOCUMENTATION IN SUPPORT OF AWARD OF FEES OR COSTS 71
4.00.00 DOCUMENTS PRESENTED FOR FILING 14
10.07.11
DOCUMENTS TO BE ON FILE BEFORE HEARING FOR
DISTRIBUTION 96
10.10.04 DUTIES OF GUARDIAN – SUPPORT BY PARENTS 101
2.00.02 DUTIES OF THE PRESIDING JUDGE 2
2.00.12 DUTY JUDGE 8
3.00.03 DUTY OF CITIZENSHIP 11
8.23.01 EDUCATION AND EXPERIENCE REQUIREMENTS 79
10.10.03 EFFECT OF OTHER PROCEEDINGS 101
1.00.02 EFFECT OF RULES AND CITATION TO RULES 1
1.00.01 EFFECTIVE DATE OF RULES 1
5.11.05 ELECTRONIC RECORDINGS OFFERED INTO EVIDENCE 20
7.12.19 ELECTRONIC RECORDINGS OFFERED INTO EVIDENCE 48
10.03.06 ESCHEAT PETITIONS 91
8.15.00 EVALUATION 69
8.15.02 EVALUATION REPORT 69
8.15.01 EVALUATION UNDER FAMILY CODE SECTION 3110 69
8.10.05 EX PARTE CONTACT PROHIBITED 64
7.10.10
EX PARTE MOTIONS AND APPLICATIONS; ORDERS
SHORTENING TIME 32
8.07.00 EX PARTE ORDERS AND ORDERS SHORTENING TIME 61
5.14.00 EXHIBIT STORAGE AND DISPOSITION 21
7.11.00 EXHIBIT STORAGE AND DISPOSITION 35
5.15.03 EXPERT FEES AND EXPENSES 24
8.25.02 FACILITATOR SERVICES 81
LOCAL RULES – EL DORADO COUNTY
139
Revised January 1, 2015
SECTION TITLE PAGE
7.09.00 FACSIMILE TRANSMISSION AND SERVICE OF DOCUMENTS 26
8.16.02 FACTORS TO BE CONSIDERED IN SETTING FEES AND COSTS 70
8.00.03
FAMILY AND JUVENILE COURT MANAGEMENT OF CHILD
ABUSE CASES 53
8.27.00 FAMILY CENTERED CASE RESOLUTION PROCESS 83
8.00.04 FAMILY COURT ORDERS ISSUED IN JUVENILE COURT 55
11.00.09 FAMILY LAW ADVOCACY 110
8.25.00 FAMILY LAW FACILITATORS 81
8.00.00 FAMILY LAW PROCEEDINGS 53
4.00.09 FAX FILING 16
FEES 66
10.07.05 FEES OR COMMISSIONS TAKEN IN ADVANCE 95
5.13.00 FELONY BAIL SCHEDULE 21
8.19.01 FILING DATE 73
10.00.02 FILING OBJECTIONS OR CONTINUANCES 86
4.00.08 FILING OF DOCUMENTS BY FAX 16
10.10.05 FINAL ACCOUNT AND REPORT 101
10.11.04 FINAL ACCOUNT OR REPORT 103
11.00.12 FINANCIAL DECLARATION 111
2.00.15 FIREARMS 9
4.00.02 FORMAT OF DOCUMENTS – LAW AND MOTION MATTERS 15
8.21.02 FORMAT OF JUDGMENT 77
8.05.03
FORMAT OF ORDERS TO SHOW CAUSE AND NOTICES OF
MOTION 59
4.00.01 GENERAL FORMAT OF DOCUMENTS 14
8.16.01 GOVERNING LAW 70
8.09.01 GOVERNING LAWS 63
3.00.05 GROUNDS CONSTITUTING UNDUE HARDSHIP 12
10.09.02 GUARDIAN’S AND CONSERVATOR’S BONDS 98
10.09.00
GUARDIANSHIPS AND CONSERVATORSHIPS – GENERAL
PROVISIONS 97
10.10.00 GUARDIANSHIPS OF MINORS 100
8.21.01 HEARING 77
10.10.02
HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN OF
NON-RELATIVE MINOR 100
2.00.13 HOLIDAYS 9
10.09.09 IDENTIFYING NUMBERS 100
10.13.01 IN GENERAL 103
8.16.04 INCOME AND EXPENSE DECLARATION 71
8.03.00 INCOME AND EXPENSE DECLARATIONS 57
8.03.05 INFORMATION PRIVILEGED 59
10.02.10
INFORMATION REQUIRED OF PERSONAL REPRESENTATIVES
UPON ACKNOWLEDGEMENT OF DUTIES 90
10.14.01
INVESTIGATIVE AND EXPERT FEES AND EXPENSES;
COMPENSATION 106
LOCAL RULES – EL DORADO COUNTY
140
Revised January 1, 2015
SECTION TITLE PAGE
5.15.02 INVESTIGATIVE FEES AND EXPENSES 23
11.00.14 INVESTIGATOR, EXPERT FEES, EXPENSES IN JUVENILE COURT 117
10.09.04 INVESTMENT BY GUARDIAN OR CONSERVATOR 98
10.07.01 INVESTMENT PERFORMANCE INFORMATION 93
10.09.05 INVESTMENT PERFORMANCE REPORT 99
7.12.12 ISSUES CONFERENCE 46
10.08.00 JOINT TENANCIES AND LIFE ESTATES 97
4.00.03 JUDGMENTS AND DECREES 15
2.00.10 JUDICIAL ASSIGNMENTS: PLACERVILLE SESSION 6
2.00.11 JUDICIAL ASSIGNMENTS: SOUTH LAKE TAHOE SESSION 7
3.00.00 JURIES AND JURY SERVICE 11
5.15.05 JURY INSTRUCTIONS 25
11.00.00 JUVENILE PROCEEDINGS 106
8.06.02 LACK OF APPEARANCE 61
7.10.00 LAW AND MOTION CALENDAR 26
7.10.06 LENGTH OF HEARING; LONG CAUSE MATTERS 30
10.05.02 LISTING AGREEMENT 93
10.02.08
LISTING HEIRS, DEVISEES, EXECUTORS, AND FIDUCIARIES IN
PETITIONS 89
2.00.08 LOCATION AND SCHEDULE OF COURT SESSIONS 4
10.03.07
LODGING OF ORIGINAL WILL AND PROOF IN SUMMARY
PROCEEDINGS 92
8.20.04 LONG CAUSE CONTESTED HEARINGS AND TRIAL BRIEFS 76
7.12.11 MANDATORY SETTLEMENT AND READINESS CONFERENCE 44
8.19.03
MANDATORY SETTLEMENT CONFERENCES IN FAMILY LAW
CASES 75
5.12.02 MARKING EXHIBITS 21
10.00.04 MATTERS REQUIRING APPEARANCES 87
8.06.03 MATTERS TAKEN OFF CALENDAR 61
8.01.00 MEET AND CONFER REQUIREMENT 57
8.10.04 MINIMUM STANDARDS 64
7.10.11
MOTION FOR SUMMARY JUDGMENT AND SUMMARY
ADJUDICATION 33
5.11.04 MOTIONS IN CRIMINAL CASES 19
8.20.05 MOTIONS IN LIMINE 76
7.10.08 MOTIONS TO BE RELIEVED AS COUNSEL 31
10.03.00 MOTIONS, PETITIONS, AND ORDERS 90
7.10.02 MOTIONS: IN GENERAL 26
8.05.02 MOVING AND RESPONSIVE PAPERS 59
10.02.05 MULTIPLE REPRESENTATIVES 89
8.11.02 NO FURTHER CHALLENGES 65
8.09.04 NO LIMITATION ON COURT DISCRETION 63
8.11.04 NO PEREMPTORY CHALLENGE AFTER FIRST INTERVIEW 66
11.00.16 NON-DETENTION HEARINGS 119
8.07.02 NOTICE 62
LOCAL RULES – EL DORADO COUNTY
141
Revised January 1, 2015
SECTION TITLE PAGE
8.08.02 NOTICE 63
10.05.03
NOTICE AND HEARING ON CONFIRMATION OF SALE OF REAL
PROPERTY 93
8.07.04 NOTICE EXCUSED 62
8.07.06 NOTICE WAIVED 62
10.01.00 NOTICES 87
10.03.04 NUNC PRO TUNC ORDERS CORRECTING CLERICAL ERRORS 91
7.12.08 OBLIGATION TO TAKE DEFAULT AND OBTAIN JUDGMENT 40
8.25.01 OFFICE OF FAMILY LAW FACILITATOR 81
8.11.01 ONE CHALLENGE PER PARTY 65
8.02.02 ONE CONTINUANCE LIMITATION 57
8.07.03 OPPONENT REPRESENTATION 62
10.03.03 ORDERS TO BE COMPLETE IN THEMSELVES 91
8.05.00 ORDERS TO SHOW CAUSE AND NOTICES OF MOTION 59
8.17.02 OTHER SANCTIONS 71
8.10.06 PARTICIPATION OF CHILDREN 65
8.18.05 PARTIES’ ATTENDANCE 72
8.12.00
PAYMENT OF CHILD CUSTODY RECOMMENDING COUNSELOR’S
OR EVALUATOR’S FEES 66
10.13.02 PERIOD OF ACCOUNT 104
8.09.05 PERMANENT SPOUSAL SUPPORT 63
3.00.08 PERSONS DISQUALIFIED FROM JURY SERVICE 13
3.00.07 PERSONS QUALIFIED TO SERVE AS JURORS 13
10.07.12 PETITION FOR FINAL DISTRIBUTION 96
10.02.07 PETITION FOR LETTERS WHERE BOND IS REQUIRED 89
10.07.08 PETITION TO INCLUDE PROPOSED DISTRIBUTION 95
10.03.02 PETITION TO SUPPORT EX PARTE ORDER 90
10.11.02 PLACING PETITION ON CALENDAR 102
7.12.15
PLAINTIFF’S DUTY IF CASE SETTLES, VACATION OF DATES,
AND THE DISMISSAL HEARING 47
7.10.03 PLEADINGS 27
5.00.04 POLICY 17
5.14.01 POLICY 21
7.11.01 POLICY 35
7.12.02 POLICY 38
8.20.02 POST TRIAL JUDGMENT 75
8.24.03 POWERS OF COMMISSIONER IN TITLE IV-D CASES 81
11.00.05
PREHEARING DISCOVERY IN WELFARE AND INSTITUTIONS
CODE SECTIONS 300, 601, AND 602 PROCEEDINGS 107
8.03.02 PREPARATION INSTRUCTIONS 58
8.06.04 PREPARATION OF ORDER AFTER HEARING 61
10.00.05 PREPARATION OF ORDERS 87
5.11.03 PRETRIAL CONFERENCE 19
10.13.03 PRINCIPAL AND INCOME 104
3.00.06 PRIOR JURY SERVICE 13
LOCAL RULES – EL DORADO COUNTY
142
Revised January 1, 2015
SECTION TITLE PAGE
8.14.08 PRIVATE CHILD CUSTODY RECOMMENDING COUNSELING 67
10.00.01 PROBATE CALENDAR AND TENTATIVE RULING SYSTEM 85
10.01.01 PROBATE HEARING ONCE NOTICED CANNOT BE ADVANCED 87
10.00.00 PROBATE PROCEEDINGS 85
8.00.05 PROCEDURES FOR AIDS TESTING OF MINORS 56
PROCEEDING 67
10.08.01 PROCEEDINGS MUST BE IN NAME OF DECEDENT 97
10.10.06 PROCEEDINGS UNDER PROBATE CODE SECTION 3410, ET SEQ. 101
10.00.07 PROOF OF ROUTINE MATTERS 87
10.04.03 PROOF OF SERVICE ON REJECTED CLAIMS 92
10.02.06 PROOF OF WILLS BY AFFIDAVIT OR DECLARATION 89
5.15.04 PUBLIC ACCESS TO POLICE REPORTS 24
8.08.03 REASON TO BE STATED 63
5.14.02 RECEIPT OF EXHIBITS 21
7.11.02 RECEIPT OF EXHIBITS 35
8.14.06
RECOMMENDATION OF CHILD CUSTODY RECOMMENDING
COUNSELOR 67
2.00.07 RECORD OF PROCEEDINGS 4
8.10.01 REFERRAL TO CHILD CUSTODY RECOMMENDING COUNSELING 64
11.00.08 RELEASE OF INFORMATION TO CASA ADVOCATES 109
10.13.04 REPORT OF TRUSTEE 104
3.00.09
REQUEST FOR A PROSPECTIVE JUROR TO BE EXCUSED OR
DEFERRED 14
5.10.01 REQUESTS FOR BAIL OR RELEASE ON OWN RECOGNIZANCE 18
3.00.04 REQUESTS TO BE EXCUSED 12
8.01.01 REQUIREMENT 57
10.01.02
REQUIREMENTS FOR GIVING NOTICE OF PROCEEDINGS IN THE
PROBATE COURT 88
5.02.00 –
5.09.00 RESERVED FOR FUTURE USE 18
5.11.02 RESERVED FOR FUTURE USE 19
5.15.01 RESERVED FOR FUTURE USE 23
7.03.00 –
7.08.00 RESERVED FOR FUTURE USE 25
7.12.14 RESERVED FOR FUTURE USE 47
7.12.16 RESERVED FOR FUTURE USE 47
7.13.00 RESERVED FOR FUTURE USE 48
7.14.00 RESERVED FOR FUTURE USE 48
7.15.00 RESERVED FOR FUTURE USE 48
10.06.00 –
10.06.99 RESERVED FOR FUTURE USE 93
10.12.00 –
10.22.01 RESERVED FOR FUTURE USE 103
8.18.04 RESOLUTION OF ISSUES 72
7.12.07 RESPONSIVE PLEADINGS 40
LOCAL RULES – EL DORADO COUNTY
143
Revised January 1, 2015
SECTION TITLE PAGE
8.22.04 RESTRAINING ORDERS 78
5.14.03 RETENTION, DESTRUCTION, AND RETURN OF EXHIBITS 23
7.11.03 RETENTION, DESTRUCTION, AND RETURN OF EXHIBITS 37
4.00.05 RETURN ENVELOPE REQUIRED FOR CONFORMED COPIES 16
8.23.02
RIGHTS AND RESPONSIBILITIES OF APPOINTED COUNSEL FOR A
CHILD 80
7.16.00
RULES FOR ACTIONS ARISING UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT – PUBLIC RESOURCES CODE
SECTION 21000, ET SEQ. 48
11.00.02 RULES OF PROCEDURE 107
10.11.05 SALE OF CONSERVATEE'S RESIDENCE 103
10.05.00 SALES 93
7.12.13 SANCTIONS 46
8.03.04 SANCTIONS 59
8.17.00 SANCTIONS 71
8.18.06 SANCTIONS 72
7.10.01 SCOPE OF LAW AND MOTION RULES 26
1.00.00 SCOPE OF RULES FOR THE SUPERIOR COURT 1
10.08.02 SEPARATE PETITION PREFERRED 97
11.00.7 SERVICE OF CASA REPORTS 109
7.12.06
SERVICE OF COMPLAINT AND CASE MANAGEMENT
DOCUMENTS 39
8.07.05 SERVICE OF PAPERS 62
11.00.01 SESSIONS 106
7.12.05
SETTING THE CASE MANAGEMENT CONFERENCE DATE AND
CASE MANAGEMENT DOCUMENTS 39
10.02.01 SPECIAL LETTERS, NOTICE, AND APPOINTMENT 88
10.07.13 SPOUSAL PROPERTY ELECTION 97
8.09.02 SPOUSAL SUPPORT 63
8.22.03 SPOUSAL SUPPORT 78
8.19.00
STATEMENT OF ISSUES, CONTENTIONS, AND PROPOSED
DISPOSITION OF THE CASE 72
5.11.01 STATUS CONFERENCE 19
8.27.03 STATUS CONFERENCE 83
8.27.05 STATUS CONFERENCE AND COURT’S ROLE 84
8.18.00 STATUS/TRIAL SETTING CONFERENCE 72
8.15.04
STIPULATIONS FOR USE OF SPECIAL MASTER IN CHILD
CUSTODY CASES 69
8.11.03
SUBSEQUENT CHILD CUSTODY RECOMMENDING COUNSELING
SESSIONS 65
10.01.03 SUBSTITUTED SERVICE 88
2.00.01 SUPERVISION OF COURT BUSINESS 2
8.14.01 SUPPORT PERSONS 66
7.02.00 TELECONFERENCING AND VIDEOCONFERENCING 25
8.09.03 TEMPORARY SPOUSAL SUPPORT 63
LOCAL RULES – EL DORADO COUNTY
144
Revised January 1, 2015
SECTION TITLE PAGE
7.10.05
TENTATIVE RULING SYSTEM FOR WESTERN SLOPE AND SOUTH
LAKE TAHOE 29
10.11.03 TERMINATION OF CONSERVATORSHIP 102
8.15.03 TESTIMONY OF EVALUATOR 69
11.00.06 THE COURT APPOINTED SPECIAL ADVOCATE PROGRAM 108
4.00.06 TIME AND DATE OF HEARING TO BE INDICATED 16
8.06.01 TIME LIMITATIONS 60
8.24.00 TITLE IV-D CASES (DEPARTMENT OF CHILD SUPPORT) 80
6.00.00 TRAFFIC AND SMALL CLAIMS PROCEEDINGS 25
2.00.09
TRANSFERRING CASES BETWEEN PLACERVILLE AND SOUTH
LAKE TAHOE SESSIONS 5
5.12.00 TRIAL 21
6.00.01 TRIAL BY WRITTEN DECLARATION 25
7.12.00 TRIAL COURT CASE MANAGEMENT RULES 37
8.20.03 TRIAL EXHIBITS 76
8.20.01 TRIAL SETTING 75
5.11.00 TRIAL SETTING AND READINESS CONFERENCES 19
10.13.00 TRUSTS SUBJECT TO CONTINUING COURT JURISDICTION 103
8.21.03 UNCONTESTED JUDGMENTS IN OPEN COURT
7.12.09 UNINSURED MOTORIST CASES 40
2.00.17 USE OF ELECTRONIC DEVICES IN THE COURTROOM 10
10.09.10
VERIFIED DUTIES OF CONSERVATOR AND
ACKNOWLEDGEMENT 100
5.01.00 VIDEOCONFERENCING 18
5.14.04 VIEWING EXHIBITS 23
7.11.04 VIEWING EXHIBITS 37
11.00.18 VISITATION 120
10.09.06 WAIVER OF ACCOUNT 99
10.07.02 WAIVER OF ACCOUNT (DECEDENT’S ESTATES) 93
10.00.08 WAIVER OF RULE 87
8.03.01 WHEN REQUIRED 57
10.03.05 WITHDRAWAL OF ATTORNEY OF RECORD 91
LOCAL RULES – EL DORADO COUNTY
145
Revised January 1, 2015
LIST OF LOCAL FORMS
* before form name indicates form is accessible to the public via the web or other outside agencies
NAME OF FORM
FORM #
EFFECTIVE
OR REVISED
Optional/
Mandatory
ACCOUNTING
Pro Tem Claim and Order for Compensation AC-01 Rev. 10/22/10
Optional
AP coding form AC-02 Eff. 3/27/12
Optional
ADOPTION
Citation to Parent A-1 Rev. 5/3/02
Optional
*Consent of Natural Parent to Adopt A-2 Rev. 3/4/02
Mandatory
Certificate of Adoption A-3 Rev. 1/23/07
Optional
*Consent of Spouse of Adopting Party A-4 Rev. 9/25/01
Mandatory
*Consent of Spouse of Person Being Adopted A-5 Rev. 12/01/04
Mandatory
Petition for Authorization to Inspect Records A-6 Rev. 01/01/12
Optional
CIVIL
Notice of Case Assignment – (SLT) C-1S Rev. 01/16/07
Optional
Notice of Case Assignment – Placerville C-1 Rev. 01/16/07
Mandatory
*Confidential Info Re: Pet. For Name Change C-2 Rev. 11/15/05
Mandatory
*Confidential Info Re: Pet. For Name Change (SLT) C-2S Rev. 11/15/05
Optional
*Dispute Resolution Conference Statement C-3
Rev. 07/01/03
Optional
Notice of Entry of Judgment on Verdict C-9 Rev. 01/23/07
Optional
Civil Bench Warrant C-10 Rev. 04/18/02
Optional
Certificate of Satisfaction of Judgment C-11 Rev. 05/03/02
Optional
*Notice to Litigants – Civil Trial Delay Reduction and ADR C-13 Rev. 09/08/13
Mandatory
*Trial Readiness Checklist C-16 Rev. 07/01/04
Optional
Case Management Conference Order
C-17
Rev. 11/12/08
Optional
Notice of Mandatory Settlement Conference
Expedited Limited Civil Collections Action
C-21
Eff. 10/12/04
Optional
Notice of Trial – Expedited Limited Civil Collections Action C-22 Eff. 10/12/04
Optional
Notice To File Dismissal/and OSC C-23 Rev. 01/23/07
Optional
Notice of Hearing to Show Cause C-24 Rev. 01/23/07
Optional
*Default Checklist C-25 Rev. 03/01/13
Optional
*Information Sheet for Small Claims C-26 Rev. 11/01/11
Optional
Stipulation of Parties C-27 Eff. 03/09/07
Optional
*Spanish Small Claims Rules C-28 Eff. 09/01/06
Optional
*Application & Order to Serve Summons by posting C-29 Eff. 10/30/06
Optional
*Request for Free Service of Orders C-30 Rev. 09/18/07
Optional
*Verification Form – Petition for Name Change C-31 Eff. 04/24/07
Optional
Declaration and OSC re: Service Collection Case C-32 Eff. 05/9/08
Optional
Declaration and OSC re: Judgment Collection Case C-33 Eff. 05/9/08
Optional
Notice of Appeal C-34 Eff. 05/19/08
Optional
Motion for Order Setting Aside Default C-35 Eff. 05/22/08
Optional
Civil Standby notice C-36 Eff. 09/15/08
Optional
Personal Information – Civil Bench Warrant C-37 Eff. 03/01/09
Optional
App to Serve as Voluntary Attorney (ADR) C-38 Eff. 07/15/09
Optional
Accounting Work Sheet for waived fees/pmt plans C-39 Eff. 10/18/10
Optional
Designation of American Indian Status C-40 Eff. 07/14/11
Mandatory
LOCAL RULES – EL DORADO COUNTY
146
Revised January 1, 2015
NAME OF FORM
FORM #
EFFECTIVE
OR REVISED
Optional/
Mandatory
Declaration of Judgment Debtor Regarding Satisfaction of
Judgment (CCP 116.850)
C-41 Eff. 08/05/11
Optional
Notice of Restricted Access C-42 Eff. 09/21/11
Mandatory
Complex Fees Tracking sheet C-43 Eff. 12/01/11
Optional
Stipulation and Order to Participate in ADR C-45 Eff. 02/26/13
Optional
CRIMINAL
Program Referral form CR-002 Rev. 08/01/12
Mandatory
*Plea & Waiver Felony CR-017 Rev. 06/16/08
Optional
Request to Terminate/Modify Crim. Protective Order CR-020 Rev. 08/24/09
Mandatory
Calendar Add On Request CR-021 Rev. 04/01/08
Mandatory
Criminal Addendum CR-022 Eff. 07/19/05
Mandatory
*Cash Bail permission slip CR-023 Eff. 01/01/05
Optional
Criminal Appearance Card CR-099 Eff. 10/31/13
Optional
Behavioral Health Action Plan CR-101 Eff. 06/01/07
Mandatory
Supplemental Agreement to DUI Waiver of Rights CR-103 Eff. 02/01/08
Mandatory
Law Enforcement Gun Dealer’s receipt of firearms CR-104 Eff. 04/14/08
Mandatory
Proof of Sale or Turning in of Firearms CR-105 Rev. 03/16/09
Mandatory
Murder Advisement CR-106 Eff. 01/01/05
Mandatory
DUI Court Handbook CR-107 Eff. 03/01/08
Optional
*Waiver of Defendant’s Personal Presence CR-108 Eff. 05/19/08
Optional
Plea in Absentia (replaced the old CR-24) CR-109 Eff. 05/23/08
Mandatory
Tax Intercept Notice CR-110 Eff. 08/08/08
Optional
Remand Form – D7 CR-111 Eff. 09/01/08
Mandatory
Confidential Witness Key form CR-112 Eff. 12/05/09
Mandatory
O/R release form CR-113 Rev. 10/14/09
Mandatory
Request to Vacate Criminal Protective Order CR-114 Eff. 03/09/09
Mandatory
Advisement of Firearm Prohibition CR-115 Eff. 03/16/09
Mandatory
Local Provider form (NCR, front & back) CR-116 Eff. 08/02/10
Mandatory
Behavioral Health Court Action Plan(replaced CR-101) CR-117 Rev. 09/21/11
Mandatory
State Prison Commitment Information form CR-118 Eff. 08/26/10
Mandatory
Probation Order – rev. 4/5/12 CR-119 Rev. 04/05/12
Mandatory
Deferred Entry of Judgment docket CR-120 Eff. 09/01/10
Mandatory
Arraignment/OR Order CR-121 Eff. 04/01/07
Mandatory
DUI w/Injury Advisement CR-122 Rev. 01/01/12
Mandatory
PC1000 Advisement CR-123 Rev. 01/01/12
Mandatory
Felony/Misd Prop 36 CR-124 Rev. 06/01/13
Mandatory
DUI Court Formal Probation Order CR-125 Eff. 03/01/08
Mandatory
DUI - 1st Offender Advisement CR-126 Rev. 01/01/10
Mandatory
Blank DUI Advisement CR-127 Rev. 01/01/12
Mandatory
Agreement to Participate in BHC CR-128 Eff. 09/21/11
Mandatory
Behavioral Health Referral CR-129 Eff. 09/21/11
Mandatory
Misdemeanor Waiver of Rights CR-130 Rev. 01/01/12
Mandatory
Addendum to Advisement CR-131 Rev. 01/01/12
Mandatory
Referral to Veteran’s Court CR-132 Rev. 02/22/12
Mandatory
1170(h)PC Sentencing form CR-133 Eff. 04/15/12
Mandatory
Felony Back Combo CR-134 Rev. 04/15/12
Optional
LOCAL RULES – EL DORADO COUNTY
147
Revised January 1, 2015
NAME OF FORM
FORM #
EFFECTIVE
OR REVISED
Optional/
Mandatory
Contract Counsel CR-135 Eff. 07/12/12
Optional
Order Denying Petition for Resentencing w/o Hearing CR-136 Eff. 03/21/13
Optional
Waiver of Personal Appearance for Resentencing CR-137 Eff. 03/21/13
Optional
Petition for Resentencing CR-138 Eff. 03/21/13
Optional
Order After Hearing on Petition for Resentencing CR-139 Eff. 03/21/13
Optional
FAMILY LAW
Therapeutic Supervised Visitation Referral & Order F-1 Eff. 12/01/01/
Optional
Order Re: Referral to Mediation F-2 Rev. 12/01/11
Mandatory
*Stipulation and Order F-3 Eff. 07/01/95
Optional
*Request for Status Trial Setting Conference F-5 Rev. 09/01/05
Mandatory
*Stipulation and Order for Bifurcation F-7 Eff. 07/01/95
Optional
Stipulation and Order for Appointment of Judge Pro Tem F-9 Eff. 07/01/95
Optional
Stipulation and Order for Appointment of Court
Commissioner
F-9a Eff. 07/01/95
Optional
*Notice Motion Request to Vacate TRO F-10a Eff. 03/01/05
Mandatory
Order on Request to Vacate TRO F-10b Eff. 03/01/05
Mandatory
White Stipulation F-14 Eff. 09/07/00
Optional
Mediation Notice – What is Mediation F-17 Rev. 12/01/11
Optional
*Child Custody Recommending Counseling Questionnaire F-17a Rev. 11/1/11
Mandatory
*Issues for Trial F-19 Eff. 10/02/00
Optional
Notes/Orders After Ex Parte Application F-20 Eff. 10/06/00
Optional
Clerk’s Certificate of Mailing F-21 Eff. 10/06/00
Optional
Mediation Report F-22 Rev. 12/01/11
Optional
Waiver of Disqualification F-23 Eff. 12/20/00
Optional
*Parent-Child Supervision Guidelines F-25 Eff. 01/17/01
Optional
*Judgment Check List F-26 Eff. 04/10/01
Optional
*Stipulation to Waive Final Disclosure F-26a Eff. 05/06/03
Optional
Declaration and Request for Exparte orders F-27 Eff. 11/02/12
Optional
*Stipulation & Order Re: Private Mediation F-70 Eff. 07/31/00
Optional
*Stipulation & Order Re: Custody Evaluations F-71 Eff. 07/31/00
Optional
Order Appointing Counsel for Minors F-72 Eff. 07/31/00
Optional
Employment Efforts Order F-74 Eff. 07/31/00
Optional
Court Order for Random Drug Testing F-75 Eff. 09/01/00
Optional
Order (Special Master) F-76 Eff. 07/31/00
Optional
Notice of MSC & Trial Setting F-79 Eff. 09/18/00
Optional
*Stipulation and Order for Telephonic Appearance F-80 Rev. 08/06/08
Optional
Settlement Conference Order
F-81 Eff. 11/20/03
Optional
*Order for Search F-82 Eff. 03/17/04
Optional
Request for Search F82a Eff. 11/01/04
Optional
*Family Law Stipulation/Order F-83 Eff. 05/01/04
Optional
Status Conference Order F-84 Eff. 08/05/04
Optional
Order for Reimbursement Court Appointed Counsel Fees F-85 Eff. 11/04/04
Optional
*Application for Order Shortening Time F-86 Eff. 11/15/04
Optional
*Stipulation for Off-Calendar Request F-87 Rev. 08/01/08
Optional
Informed Consent for Mediation F-88 Eff. 08/13/08
Optional
MSC Report F-90 Eff. 03/26/12
Optional
LOCAL RULES – EL DORADO COUNTY
148
Revised January 1, 2015
NAME OF FORM
FORM #
EFFECTIVE
OR REVISED
Optional/
Mandatory
Family Law Information Sheet F-91 Eff. 07/30/13
Optional
Statement of Issues and Contentions F-92 Eff. 07/05/13
Optional
JUVENILE 300
*Financial Responsibility Declaration J-4 Eff. 10/01/03
Optional
Notification of Appeal Rights J-4a Eff. 07/24/03
Optional
Notice re: 366.26/Writ J-5 Eff. 07/24/03
Optional
Certification – Juvenile Attorney J-6 Eff. 05/01/09
Optional
Order to Appear for Financial Evaluation J-7 Eff. 08/26/11
Mandatory
Instructions Regarding Financial Responsibility J-8 Eff. 08/26/11
Optional
Recommendation re: Ability to Repay Costs J-9 Eff. 08/26/11
Mandatory
Financial Declaration J-10 Rev. 04/01/12
Mandatory
Order for Repayment of Costs of Legal Services J-11 Eff. 08/26/11
Mandatory
JDCCP Statement of Costs (excel spreadsheet) J-12 Eff. 08/26/11
Mandatory
PROBATE
Ex Parte Order Appointing Court Investigator (Quest) P-1 Rev. 08/17/11
Mandatory
*Due Diligence Statement P-2 Eff. 07/01/01
Optional
Ex Parte Order Appointing Court Investigator (Dept. of Social
Services - Relative
P-3 Rev. 07/06/12
Mandatory
ExParte Order Appointing Court Investigator (Dept. of Social
Services – Non Relative
P-3a Eff. 07/06/12
Optional
ExParte Order appointing Court Investigator P-4 Eff. 09/01/02
Optional
Certificate of Registration P-6 Eff. 01/20/05
Optional
Certificate of Registration of Private Professional Conservator P-7 Rev. 07/01/07
Optional
Court Investigator’s Information Sheet P-9 Eff. 07/01/07
Optional
ExParte Declaration and Order for Reimbursement P-10 Rev. 11/08/11
Optional
TRIAL DE NOVO
TRAFFIC
*Plea & Waiver for Infractions/Terms & Conditions of
Payment
T-10
Optional
Notice of Vehicle Correction Form T-08 Eff. 03/01/00
Optional
Traffic School Sign Up T-13 Rev. 01/28/09
Optional
Traffic School Sign Up T-13a Eff. 03/27/08
Optional
Traffic/Small claims docket T-14 Rev. 09/01/06
Optional
Subpoena Traffic/Small Claims T-15 Rev. 11/20/07
Optional
Motion to Modify T-17 Eff. 07/28/09
Mandatory
Traffic Docket T-18 Rev. 11/01/09
Optional
Request for Court Trial T-19 Rev. 04/05/12
Mandatory
Unable to Locate Citation T-20 Eff. 02/02/12
Mandatory
Request for Trial by Written Declaration T-21 Eff. 09/12/12
Mandatory
Softfile Data Input Transmittal Sheet T-22 Eff. 06/03/13
Mandatory
MISCELLANEOUS FORMS
*Declaration Notice Upon ExParte App for Order M-1 Rev. 04/18/14
Optional
Proof of Service M-2 Rev. 06/26/09
Optional
Request to Set Uncontested Matter M-3 Rev. 11/20/07
Optional
LOCAL RULES – EL DORADO COUNTY
149
Revised January 1, 2015
NAME OF FORM
FORM #
EFFECTIVE
OR REVISED
Optional/
Mandatory
Exemplification M-4 Rev. 01/03/08
Optional
*Fax Request for Case Files M-5 Rev. 03/01/07
Optional
*Fax Request for Case Numbers M-6 Rev. 05/01/08
Optional
Declaration of Restrained Person Re: Forearms M-7 Eff. 04/14/08
Optional
Unavailablity of Subpoened Person M-15 Eff. 08/01/06
Optional
File Return Letter M-16 Eff. 05/31/06
Optional
Collections Referral Form M-17 Rev. 01/25/08
Optional
Unable to Locate form M-24 Eff. 08/27/03
Optional
Mediator and Custody Evaluator Statement Form M-25 Eff. 06/01/08
Optional
Confidential Jury Info To Remain in FIle M-26 Rev. 03/02/09
Optional
Confidential Jury Info – Sent to Jury Clerk M-27 Rev. 03/02/09
Optional
Court Reporter Destruction Order M-28 Eff. 06/01/09
Optional
Case File Certification M-29 Eff. 08/07/09
Optional
Access Document Pickup form M-30 Rev. 07/06/12
Optional
Case Destruction form M-31 Eff. 01/25/10
Optional
3rd Party Use of Facilities M-32 Eff. 12/02/09
Optional
Transcript Order form M-33 Rev. 04/11/12
Optional
RMT Dismissal M-34 Eff. 09/23/10
Optional
Public Agency Fee Waiver Information Sheet M-35 Eff. 06/20/11
Optional
Asset Tag Assignment M-36 Eff. 10/01/11
Optional
Asset Transfer or Disposal M-37 Eff. 10/01/11
Optional
Asset-Employee owned M-38 Eff. 10/01/11
Optional
Stipulation to Waive Court Reporter M-39 Eff. 12/01/11
Optional
Request for Hearing Collection Case M-40 Eff. 04/08/13
Optional
Juror Key M-41 Eff. 04/08/13
Optional
Confidential Witness Key M-42 Eff. 04/08/13
Optional
Juror Contact List M-43 Eff. 04/08/13
Optional
Receipt for Return of Evidence M-44 Eff. 04/08/13
Optional
