Legend 6/S A Lake Local Rules

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Superior Court, County of Lake

SUPERIOR COURT, STATE OF CALIFORNIA
COUNTY OF LAKE

LOCAL RULES

(Proposed) Effective 7/1/2017

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Superior Court, County of Lake

TABLE OF CONTENTS

CHAPTER 1 ADOPTION AND APPLICABILITY OF RULES ..................................... 6
1.1 ADOPTION OF RULES (EFF. 1/1/92) ........................................................................ 6
1.2 REPEAL OF PRIOR RULES (EFF. 1/1/2009).............................................................. 6
1.3 APPLICATION OF LOCAL RULES (EFF. 1/1/2009) ..................................................... 6
1.4 CALIFORNIA RULES OF COURT (EFF. 1/1/2009) ...................................................... 6
1.5 AVAILABILITY OF COPIES (EFF. 6/30/91 AMD. 1/1/2009) .......................................... 6
1.6 SANCTIONS FOR NON-COMPLIANCE (EFF. 1/1/92) ................................................... 6
CHAPTER 2 ADMINISTRATION ................................................................................7
2.1 PRESIDING JUDGE OF SUPERIOR COURT (EFF. 1/1/2009, AMD. 1/1/2014) ................ 7
2.2 ASSISTANT PRESIDING JUDGE (EFF. 1/1/2009) ....................................................... 7
2.3 EXECUTIVE OFFICER (EFF. 1/1/95, AMD. 1/1/2009) ................................................. 7
2.4 DEFINITION OF A JUDGE’S VACATION DAY REQUIRED BY RULE 6.603, CALIFORNIA
RULES OF COURT (EFF. 1/1/2009) ................................................................................7
CHAPTER 3 GENERAL ...........................................................................................7
3.1 CLERKS' OFFICES - HOURS OF OPERATION (EFF. 1/1/2009) .................................... 7
3.2 PAPERS PRESENTED FOR FILING (EFF. 1/1/2009) ................................................... 7
3.3 PROPOSED JUDGMENTS, DECREES, AND ORDERS IN UNCONTESTED MATTERS (EFF.
6/30/91 AMD. 1/1/2009) .............................................................................................. 86
3.4 FILING AND SERVICE OF ORDERS (EFF. 6/30/91 AMD. 1/1/2009) .............................. 8
3.5 PRESENTATION OF EX PARTE APPLICATIONS TO PRESIDING JUDGE (EFF. 6/30/91,
AMD. 7/1/2009).............................................................................................................8
3.6 COURT-CONNECTED MEDIATION PROGRAM (EFF. 1/1/2009, AMD. 7/1/15).............. 10
3.7 MEDIA COVERAGE (EFF. 1/1/2009) ...................................................................... 12
3.8 NUNC PRO TUNC ORDERS CORRECTING ERRORS (EFF. 1/1/2009) ......................... 13
3.9 TOXIC AND HAZARDOUS MATERIALS; AND FIREARMS (EFF. 1/1/2009) ................... 13
3.10 COURT REPORTING SERVICES (EFF. 7/1/2009) ..................................................... 14
3.11 INTERPRETERS (EFF. 7/1/2009, AMD. 7/1/2017) .................................................. 15
CHAPTER 4 CRIMINAL PROCEEDINGS ................................................................ 15
4.1 DISCOVERY (EFF. 1/1/2010)................................................................................. 15
4.2 PRELIMINARY EXAMINATION READINESS CONFERENCE (EFF. 1/1/2010, AMD.
1/1/2012) ...................................................................................................................15
4.3 PRETRIAL MOTIONS (EFF. 1/1/2010) .................................................................... 15
4.4 SETTING OF DATES (EFF. 1/1/2010, AMD. 1/1/2014) ......................................... 1615
4.5 MANDATORY SETTLEMENT AND TRIAL READINESS CONFERENCE (EFF. 1/1/2010)
1716
4.6 CONTINUANCES (EFF. 1/1/2010) ...................................................................... 1817
4.7 FELONY SENTENCING (EFF. 1/1/2010) .................................................................. 18
4.8 ELECTRONIC RECORDINGS (EFF. 1/1/2011) .......................................................... 18
CHAPTER 5 FAMILY LAW ....................................................................................... 18
5.1 COMPLIANCE WITH CIVIL LAW AND MOTION RULES (EFF. 6/30/91, AMD. 1/1/2009) . 18
5.2 CHILD, SPOUSAL AND PARTNER SUPPORT (EFF. 6/30/91, AMD. 1/1/2009) ......... 1918
5.3 FAMILY LAW FACILITATOR (EFF. 1/1/2009) ........................................................... 20
5.4 MEDIATION (EFF. 1/1/2009, AMD. 1/1/2012) ......................................................... 20
5.5 EVALUATIONS PURSUANT TO FAMILY CODE § 3110 (EFF. 1/1/2009) .................... 21
5.6 MEDIATOR SELECTION AND COMPLAINT PROCEDURE (EFF. 1/1/2009) ................... 21
5.7 MEDIATION OTHER THAN CHILD CUSTODY MATTERS (EFF. 1/1/2009) .................... 22
5.8 FAMILY CENTERED CASE REVIEW PROGRAM (EFF. 1/1/2012) .................................... 22

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5.9 REQUEST FOR EMERGENCY FAMILY LAW ORDERS (EX PARTE ORDERS) (NEW
7/1/2014) ...................................................................................................................25
5.11 REQUEST FOR EMERGENCY FAMILY LAW ORDERS (EX PARTE ORDERS) (NEW
7/1/2014) ...................................................................................................................30

CHAPTER6 PROBATE ............................................................................................. 30
6.1 APPLICABILITY OF RULES (EFF. 6/30/91, AMD. 1/1/2009) ...................................... 30
6.2 SUBMISSION OF MATTER WITHOUT APPEARANCE BY COUNSEL OR WITNESSES (EFF.
6/30/91, AMD. 1/1/2009) ............................................................................................ 30
6.3 NON-RESIDENT PERSONAL REPRESENTATIVE TO FURNISH BOND NOTWITHSTANDING
WAIVER (EFF. 6/30/91, AMD. 1/1/2009) ........................................................................ 30
6.4 REQUIRED FORM OF ACCOUNTS (EFF. 6/30/91, AMD. 1/1/2009) ............................ 31
6.5 APPOINTMENT OF EXPERT TO ANALYZE COMPLEX ACCOUNTS AND SURCHARGE OF
COST AGAINST REPRESENTATIVE (EFF. 6/30/91).......................................................... 31
6.6 ALLOWANCE OF CLAIMS OF PERSONAL REPRESENTATIVES (EFF. 6/30/91) ........ 3130
6.7 STATEMENT REGARDING BOND ON INVENTORY AND APPRAISAL (EFF. 6/30/91) . 3130
6.8 AMOUNT OF PERSONAL REPRESENTATIVE'S BOND WHERE INDEPENDENT
ADMINISTRATION IS AUTHORIZED (EFF. 6/30/91, AMD. 1/1/2009)............................... 3130
CHAPTER 7 LAW AND MOTION ............................................................................. 32
7.1 APPLICABILITY OF RULES (EFF. 6/30/91) ............................................................. 32
7.2 COMPLIANCE WITH CIVIL LAW AND MOTION RULES (EFF. 6/30/91, AMD. 1/1/2009) . 32
CHAPTER 8 CASE MANAGEMENT .................................................................... 3231
8.1 AUTHORITY (EFF. 1/1/92 AMD. 1/1/2009) .......................................................... 3231
8.2 SCOPE (EFF. 6/30/91 AMD. 1/1/2009)................................................................... 32
8.3 PROCEDURAL TIME STANDARDS (EFF. 6/30/91, AMD. 1/1/2009) ........................ 3231
8.4 CASE MANAGEMENT CONFERENCE (EFF. 6/30/91, AMD. 1/1/2009) .................... 3332
8.5 CASE MANAGEMENT CONFERENCE STATEMENT (EFF. 1/1/2009) ....................... 3433
8.6 DIFFERENTIAL CASE MANAGEMENT (EFF. 1/1/92, AMD. 1/1/2009) ..................... 3433
8.7 CASE MANAGEMENT CONFERENCE ORDER (EFF. 6/30/91 AMD. 1/1/2009) ............. 35
8.8 DISMISSAL CALENDAR (EFF. 6/30/91, AMD. 1/1/2012)....................................... 3534
CHAPTER 9 SETTING CIVIL CASES FOR TRIAL AND FOR PRE-TRIAL AND
MANDATORY SETTLEMENT CONFERENCES ....................................................... 36
9.1 AUTHORITY OF CALENDAR COORDINATOR REGARDING SETTINGS (EFF. 6/30/91,
AMD. 1/1/2009)........................................................................................................... 36
9.2 CIVIL ACTIVE LIST (EFF. 6/30/91 AMD. 1/1/2009) .................................................. 36
9.3 SETTING CASES FOR TRIAL (EFF. 6/30/91 AMD. 1/1/2009) .................................... 36
9.4 REQUESTS FOR CHANGES IN TRIAL DATES (EFF. 6/30/91 AMD. 1/1/2009) .......... 3635
CHAPTER 10 MANDATORY SETTLEMENT CONFERENCE................................... 37
10.1 AUTHORITY FOR RULES (EFF. 6/30/91) ................................................................. 37
10.2 TIME AND PURPOSE OF CONFERENCE (EFF. 6/30/91 AMD. 1/1/2010, 1/1/2011) .... 37
10.3 PRESENCE OR ACCESSIBILITY OF ATTORNEYS, PARTIES AND OTHERS(EFF. 6/30/91
AMD. 1/1/2009, 1/1/2011) ........................................................................................... 37
10.4 VACATING CONFERENCE (EFF. 6/30/91 AMD. 1/1/2010, 1/1/2011) ........................ 38
10.5 DUTIES OF COUNSEL AND PARTIES PRIOR TO CONFERENCE (EFF. 6/30/91 AMD.
1/1/2009) ...................................................................................................................38
10.6 SANCTIONS (EFF. 6/30/91)................................................................................... 39
CHAPTER 11 FEES OF ATTORNEYS AND FIDUCIARIES ..................................... 39
11.1 ATTORNEYS' FEES IN GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS (EFF.
6/30/91) .....................................................................................................................39

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11.2 ATTORNEYS' FEES AND REPRESENTATIVES' FEES FOR EXTRAORDINARY SERVICES
IN PROBATE CASES (EFF. 6/30/91) .......................................................................... 3938
11.3 FEES OF GUARDIANS AND CONSERVATORS (EFF. 6/30/91) ................................ 4039
11.4 FEES AND COMMISSIONS MUST BE FIXED BY COURT PRIOR TO PAYMENT (EFF.
6/30/91) .....................................................................................................................41
11.5 DEFAULT CASES (EFF. 6/30/91).......................................................................... 41
11.6 UNLAWFUL DETAINER CASES (EFF. 7/1/93, AMD. 1/1/2009) ......................... 4140
CHAPTER 12 SMALL CLAIMS ............................................................................. 4140
12.1 DISPOSITION GOAL (EFF. 1/1/2009) ..................................................................... 41
12.2 CALENDARING (EFF. 7/1/93, AMD. 1/1/2009) ........................................................ 42
12.3 CONTINUANCES (EFF. 7/1/93, AMD. 1/1/2009) ...................................................... 42
12.4 DISMISSALS (EFF. 7/1/93, AMD. 1/1/2009) ............................................................ 42
CHAPTER 13 UNLAWFUL DETAINERS .................................................................. 42
13.1 DISPOSITION GOALS (EFF. 1/1/2009) ................................................................... 42
13.2 STATUS CONFERENCE (EFF. 7/1/93, AMD. 1/1/2009) ......................................... 4241
13.3 MOTIONS (EFF. 1/1/2009) ................................................................................ 4241
13.4 SETTING FOR TRIAL (EFF. 1/1/2009)..................................................................... 43
CHAPTER 14 TRAFFIC ........................................................................................ 4342
RESERVED (EFF. 1/1/93, AMD. 1/1/2014) .............................................................. 4342
CHAPTER 15 JUDICIAL ARBITRATION .............................................................. 4342
15.1 SCOPE, PURPOSE AND AUTHORITY (EFF. 7/1/2009) .......................................... 4342
15.2 MANDATORY SUBMISSION TO ARBITRATION (EFF. 7/1/2009) ............................. 4342
15.3 ARBITRATION ADMINISTRATOR AND ADMINISTRATIVE COMMITTEE (EFF. 7/1/2009) . 44
15.4 ARBITRATION CONFERENCE (EFF. 7/1/2009) ........................................................ 44
15.5 ARBITRATION HEARING LIST (EFF. 7/1/2009) .................................................... 4443
15.6 CONDUCT OF ARBITRATION HEARING (EFF. 7/1/2009) ........................................... 45
CHAPTER 16 TELECONFERENCING HEARINGS AND CONFERENCES .............. 45
RESERVED (EFF. 7/1/2009, AMD. 1/1/2014) .............................................................. 45
CHAPTER 17 CIVIL JURY TRIALS........................................................................... 45
17.1 REQUEST FOR JURY TRIAL IN EQUITY CASES (EFF. 7/1/2009) ............................... 45
17.2 ATTORNEY TESTIFYING MAY NOT ARGUE THE CASE (EFF. 7/1/2009) ................. 4544
CHAPTER 18 COURT APPOINTED SPECIAL ADVOCATE ................................. 4544
18.1 GUIDELINES FOR COURT APPOINTED SPECIAL ADVOCATE PROGRAMS (EFF.
1/1/2011) ............................................................................................................... 4544
18.2 COURT APPOINTED SPECIAL ADVOCATE PROGRAM (EFF. 1/1/2011) ...................... 46
18.3 SPECIAL ADVOCATES(EFF. 1/1/2011)................................................................... 46
18.4 FUNCTIONS(EFF. 1/1/2011).............................................................................. 4645
18.5 SWORN OFFICER OF THE COURT (EFF. 1/1/2011) .................................................. 47
18.6 SPECIFIC DUTIES(EFF. 1/1/2011) ......................................................................... 47
18.7 APPOINTMENT PROCESS (EFF. 1/1/2011) ............................................................. 47
18.8 ACCESS TO RECORDS (EFF. 1/1/2011) ............................................................ 4746
18.9 REPORT OF CHILD ABUSE(EFF. 1/1/2011) ........................................................... 48
18.10 COMMUNICATION (EFF. 1/1/2011)...................................................................... 48
18.11 RIGHT TO TIMELY NOTICE (EFF. 1/1/2011) ......................................................... 48
18.12 CALENDAR PRIORITY (EFF. 1/1/2011) ................................................................ 48
18.13 DISTRIBUTION OF CASA REPORTS(EFF. 1/1/2011) ........................................ 4847

FORMS:
LK-100 (Mandatory)

Family Law Status Report

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LK-101 (Mandatory)
LK-102 (Optional)
LK-150 (Optional)
LK-151 (Optional)

Settlement Conference Statement
W itness List
Declaration Regarding Notice of ExParte Request for
Temporary Emergency Court Order
Notice of Action by Court on ExParte Request for Family
Law Temporary Emergency Orders

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CHAPTER
1.1

1

ADOPTION AND APPLICABILITY OF RULES

Adoption of Rules (eff. 1/1/92)

These rules are adopted pursuant to Government Code §68070 and Code of
Civil Procedure §575.1 and each is effective on the date set forth in parentheses
immediately following the rule, e.g., "(eff. 1/1/ 92)".
1.2

Repeal of Prior Rules (eff. 1/1/2009)

Upon the effective date of these rules, all other rules heretofore adopted by this
court shall be repealed provided that no action theretofore taken in compliance
with such rules shall be made or deemed invalid or ineffective by such repeal.
(eff. 1/1/2009)
1.3

Application of Local Rules (eff. 1/1/2009)

These local rules apply to all Superior Court matters filed in the County of Lake.
(eff. 1/1/2009)
1.4

California Rules of Court (eff. 1/1/2009)

These local rules are intended to supplement and in no way reduce any
requirements of the California Rules of Court. (eff. 1/1/2009)
1.5

Availability of Copies (eff. 6/30/91 amd. 1/1/2009)

Copies of these rules are available in the office of the clerk of the court,
Courthouse, 255 N. Forbes Lakeport, California 95453 and Southlake
Courthouse, 7000A So. Center Drive Clearlake, California. (eff. 6/30/91 amd.
1/1/2009)
1.6

Sanctions for Non-Compliance (eff. 1/1/92)

Pursuant to Code of Civil Procedure §575.2, if any counsel, a party represented
by counsel, or a party if in pro se, fails to comply with any of the requirements of
these rules, the court, on motion of a party or on its own motion, may strike out
all or any part of any pleading of that party, or dismiss the action or proceeding or
any part thereof, or enter a judgment by default against that party, or impose
other penalties of a lesser nature as otherwise provided by law, and may order
that party or his or her counsel to pay to the moving party the reasonable
expenses in making the motion, including reasonable attorney fees. In addition,
sanctions authorized by Code of Civil Procedure §§128.5, 177.5 and 178 may be
imposed. (eff. 1/1/92)

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CHAPTER
2.1

2

ADMINISTRATION

Presiding Judge of Superior Court (eff. 1/1/2009, amd. 1/1/2014)

The Superior Court judges shall elect, by majority vote, a presiding judge who
shall serve for a three year term. (eff. 1/1/2009, amd. 1/1/2014)
2.2

Assistant Presiding Judge (eff. 1/1/2009)

The Superior Court judges shall elect, by majority vote, an assistant presiding
judge who shall undertake all roles of the presiding judge in his or her absence.
(eff. 1/1/2009)
2.3

Executive Officer (eff. 1/1/95, amd. 1/1/2009)

The Superior Court Executive Officer shall be appointed by the judges of the
Superior Court and shall exercise all powers, duties and responsibilities of the
Clerk of the Superior Court as authorized by Government Code Sections 71620
and 69840. (eff. 1/1/95, amd. 1/1/2009)
2.4

Definition of a Judge’s vacation day required by Rule 6.603,
California Rules of Court (eff. 1/1/2009)

A day of vacation for a judge of the Superior Court of California, County of Lake,
is an approved absence from the court for one full business day. Other absences
from the court listed in CRC § 6.603(c)(2)(H) are excluded from this definition.
(eff. 1/1/2009)
CHAPTER 3
3.1

GENERAL

Clerks' Offices - Hours of Operation (eff. 1/1/2009)

The hours of operation of the Clerks' Offices are determined by the judges and
are currently set at 8:00 a.m. to 4:00 p.m. Hours of operation are subject to
change with prior notification to the public. (eff. 1/1/2009)
3.2

Papers Presented for Filing (eff. 1/1/2009)

All documents presented for filing must comply with California Rules of Court
(CRC) in particular CRC §§ 2.100, 3.1110 through 3.1115.
A.
Each judgment or order submitted to the court shall be self-contained; that
is, it may not incorporate by reference any instrument or document that is not
made a physical part of the judgment or order itself.

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B.
The moving party on any motion, petition or demurrer shall provide a form
of order, ruling, or judgment consistent with the relief requested in the moving
papers. This form is to be provided at the same time that the motion, petition or
demurrer is presented to the court. (eff. 1/1/2009)
3.3
Proposed Judgments, Decrees, and Orders in Uncontested Matters
(eff. 6/30/91 amd. 1/1/2009)
In uncontested proceedings (e.g., uncontested dissolution of marriage, default
judgment, and routine probate applications), an original and one copy of the
proposed judgment, decree or order sought in the proceeding shall be presented
to the clerk’s office no later than four (4) court days prior to the calendared
hearing date. The clerk will not place the matter on calendar unless the original
and copy of the proposed judgment, decree or order has been presented. The
copy mentioned in this requirement is in addition to any copy which counsel
desire to have endorsed and returned to counsel by the clerk. (eff. 6/30/91 amd.
1/1/2009)
3.4

Filing and Service of Orders (eff. 6/30/91 amd. 1/1/2009)

All written orders, including orders to show cause, orders for examination of
judgment debtors, temporary restraining orders and injunctions, signed by a
judge, shall be filed immediately with the clerk. An endorsed copy shall be served
upon the parties to be notified and an endorsed copy, bearing proof of service,
shall be filed not later than five calendar days prior to the hearing. (eff. 6/30/91
amd. 1/1/2009)
3.5
Presentation of Ex Parte Applications to Presiding Judge (eff.
6/30/91, amd. 7/1/2009)
California Rules of Court § 3.1200 - 3.1207 govern ex parte applications and
orders in civil cases. Unless otherwise specified, the provisions of this Local
Rule shall apply to all other ex parte matters.
A.
Uncontested ex parte applications, or ex parte applications supported by a
showing of good cause for lack of prior notice, may be submitted to the clerk of
the court at any time, for presentation to the court. The court will attempt to
review all such matters expeditiously, but it is unlikely that any ex parte request
submitted after 12:00 P.M. (noon) for consideration without a hearing will be
reviewed by the court on the day of submission.
B.
For ex parte matters that are contested that otherwise require
appearances, hearings will be conducted at 3:30 p.m. daily, in the courtroom or
chambers of department one as the court deems appropriate. Such matters
must be scheduled for hearing by the department one judicial assistant as early
as possible before the requested hearing, but not later than 9:00 a.m. of the
preceding court day unless good cause is shown. The applicant is responsible
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for contacting the judicial assistant to schedule the hearing, and for giving notice
thereof.
C.
Copies of the application or moving papers must be submitted to the court
no later than two (2) hours prior to the scheduled time of the hearing; and copies
of any responding papers should be submitted prior to the hearing if possible.
D.
The court may conduct informal ex parte hearings as it deems
appropriate.
Ex Parte Communication with the Court
The court will not consider any ex parte communications from counsel or
unrepresented parties unless made in the manner prescribe by these rules, by
the California Rules of Court, or by the laws of this State.
Ex Parte Request for Order Shortening or Continuing Time
A.
A request for an order shortening time for service, hearing or a
continuance of a scheduled hearing will not be granted unless supported by a
declaration demonstrating good cause why the matter cannot be heard on
regular notice.
B.
If such an order shortening time is requested, the supporting declaration
must state whether or not the responding party is represented by counsel, the
name and address of the responding party’s attorney, and whether or not that
attorney has been contacted and has agreed to the date and time proposed for
the hearing.
C.
If the responding party’s attorney has not been contacted or has not
agreed to the proposed setting, the supporting declaration must clearly
demonstrate why the hearing should be set on the proposed date without the
consent of opposing counsel, and the reason the matter must be heard on
shortened notice.
Re-Application After Denial of Ex Parte Application
When an ex parte motion has been made, and has been refused in whole or in
part, or has been granted conditionally or on terms, and a subsequent application
is made for the same or a similar order, to the same or different judge, whether
upon an alleged different state of facts or otherwise, then the applicant must
show, by declaration, what motion was previously made, the nature of the
previous motion, when and to what judge is was made, what order or decision
was made thereon, and what new facts, if any, are claimed by the new motion.

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Ex Parte Application Re Stipulated Judgments
Unless a stipulation that authorizes the rendering and entry of judgment, or that
authorizes the termination of a stay of execution upon failure to perform specified
conditions, also includes an express or implied waiver of notice, an application to
render or for entry of judgment, or to vacate or terminate a stay upon failure to
perform conditions, must be made on noticed motion. Whether ex parte or on
notice, the applicant must submit a declaration setting forth any payments made
or other compliance by defendant; the specifics of the allege failure to perform;
and the substance of the order requested. (eff. 6/30/91, amd. 7/1/2009)
3.6

Court-Connected Mediation Program (eff. 1/1/2009, amd. 7/1/2015)

A.
Policy. All long cause civil cases should participate in some type of
meaningful alternate dispute resolution process, including forms of arbitration
and/or mediation, prior to the setting of the case for trial.
B.
California Civil Mediation Act Program. The court has opted into the Civil
Action Mediation Program. This program is conducted pursuant to CCP sections
1775-1775.16 and California Rules of Court, 3.890-3.898.
1. Ordered mediation. All cases which are eligible for the Civil Action
Mediation Program shall be ordered to participate in mediation. All
general civil cases, involving an amount in controversy of less than
$50,000 for each plaintiff, shall be ordered to mediation unless judicial
arbitration is ordered.
2. Voluntary mediation. In cases which are not eligible for the Civil
Action Mediation Program, by reason that the case I other than a
general civil action under the rules or exceeds the limit on the amount
in controversy, the court encourages the parties to participate in
voluntary mediation pursuant to this program. The court shall order
mediation in these cases upon the agreement of the parties to
participate in mediation under the program.
3. Selection of Mediator. The parties shall agree on the selection of a
mediator within 15 days of the date an action is ordered to mediation.
The ADR Program Coordinator shall provide a list of not less than
three (3) mediators from the court’s panel of mediators within 10 days
after the case has been assigned to mediation. The parties shall notify
the ADR Program Coordinator which mediator is selected. In the event
the parties do not timely agree on the selection of a mediator, the court
shall appoint a mediator.
4. Completion of Mediation. The parties shall agree on a date for
mediation acceptable to the mediator within 15 days after the selection
or appointment of the mediator. In the event the parties fail to do so,
the mediator shall select a date for mediation that will accommodate
the completion of mediation in accordance with the requirement that

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mediation be completed within 60 days of the selection or appointment
of the mediator unless that time period is extended for good cause.
C.
Voluntary Civil Action mediation Program. In civil cases which are not
assigned for judicial arbitration or the Civil Action Mediation Program, the court
strongly encourages the parties to participate in voluntary mediation as the form
of alternate dispute resolution prior to the time the action is set for trial.
1. Order. Upon the agreement of the parties, the court will order
mediation to be conducted in any long cause civil action in conformity
with the terms of the agreement of the parties.
2. Agreement. The parties shall agree on the mediation provider,
individual or entity, and any terms for the conducting of the mediation
to be ordered by the court to effect timely and meaningful mediation in
the particular case.
D.
Court Calendar Mediation Program. As to short cause civil cases set for
trial or hearing before the court, the court strongly encourages the parties to
participate in voluntary mediation prior to the trial or hearing. The court plans, as
resources permit, to make voluntary mediation available to parties on the day of
the short case trial or hearing.
E.
Panel Mediators. The court shall maintain a list of persons who are
eligible to be selected as mediators and to conduct mediations in the court
connected mediation programs set forth above. In order to be listed as a panel
member, a written application must be submitted in the form required by the court
and the persons must be determined to be qualified to act as a mediator. A
mediator may be qualified and appointed to the panel by the ADR Program
Coordinator or the Presiding Judge of the court. The court shall set the
qualifications for listing on the court panel. These requirements shall, at a
minimum, include the Model Qualification Standards for Mediations In Court
Connected Mediation Programs as issued by the Administrative Office of the
Courts.
F.
Mediators. All mediators conducting court connected mediation shall be
subject to compliance with the procedures and rules of conduct for mediation of
civil cases in court mediation programs. CRC 3.835-3.860. Each mediator shall
execute a written agreement for providing mediation services in the form required
by the court. No person shall act as a mediator that has not been appointed to
the panel and executed the written agreement, except those mediators
specifically selected and agreed to by the parties in conformity with these rules.
G.
Mediation Fees. In cases which involve civil action program court
connected mediation with a panel mediator, the parties shall receive the first two
(2) hours of actual mediation at no cost to the parties. The mediator may not
consider preparation time as part of the two no fee hours nor may the mediator
later charge for preparation time. Prior to the commencement of mediation, the
mediator must present to the partiese and the parties execute a written
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agreement to pay a fee, not to exceed $200 per hour, for time incurred after the
end of the two no fee hours. If such a written agreement is not executed byt the
parties, the parties will not be responsible for any fee charged by the mediator.
The fee charged by the mediator pursuant to the written agreement of the parties
shall be allocated equally, unless agreed otherwise.
H.
Complaints. Any inquiry or complaint regarding court connected
mediation or mediators shall be managed in accordance with the applicable rules
of court. CRC 3.856-3.872. The person appointed by the court as the ADR
Program Coordinator is designated as the Complaint Coordinator, whose identity
and contact information may be obtained from the clerk of the court.
I.
Application of Rules. These rules do not apply to mediation provided by
the court, through Family Court Services, for the mandatory mediation of child
custody and visitation issues pursuant to applicable provisions of the Family
Code.
(eff. 1/1/2009, amd. 7/1/2015)
3.7

Media Coverage (eff. 1/1/2009)

A.
The use of photographic, video or audio recording or transmission
equipment in the courtroom is prohibited without advanced permission by the
judge. Violators are subject to contempt of court (CRC § 1.150) and/or
confiscation of the device(s).
B.
Television cameras, video cameras and/or camera operators, still
photographers, media reporters or any combination thereof shall not block
corridors, block access to any court or hearing room, block the ingress or egress
to and from the courthouse, block stairwells or block handicap ramps.
C.
Any and all video, cell phone and other photography through courtroom
windows or into the courtroom from the hallway is subject to the same restrictions
that apply to the use of cameras in the courtroom and shall require prior approval
by the judge of the affected courtroom. (See California Rules of Court § 1.150)

D.
Court security personnel shall enforce this rule by moving any offending
media personnel to the lobby areas of the courthouse when such move is
consistent with the intent of this rule. Should any representative of the media
continue to violate this rule, court security shall direct the offending media
personnel to leave court property. Nothing in this rule shall affect the authority of
law enforcement personnel to enforce laws under their jurisdiction.
(eff. 1/1/2009)

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3.8
Nunc Pro Tunc Orders Correcting Errors (eff. 1/1/2009)
A.
If a minute order, judgment, or decree fails to correctly state the order
actually made by the court or contains a clerical error, the court will on its own
motion make a nunc pro tunc order correcting the mistake. If such a correction
is requested by a party it must be supported by an ex parte application and
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 nunc pro tunc by
striking the following: (set forth the matter to be eliminated) and by
inserting in lieu thereof the following: (set forth the correct matter).”
C.
To prevent further errors, nothing less than a complete clause or sentence
should be stricken, even if it is intended only to correct one word or figure.
(eff. 1/1/2009)
3.9

Toxic and Hazardous Materials; and Firearms (eff. 1/1/2009)

A.
Toxic, hazardous or potentially hazardous materials are not permitted in
the courtroom without first obtaining permission from the court. Counsel’s
request must address the following:
1.

A list of the technical and street names of said materials.

2.

The types and size of the containers to be utilized for the materials.

3.
The name of the person who will transport the materials into the
courtroom and the name of the person who will remove the materials.
4.
Where the materials will be stored, and the conditions under which
the materials will be stored, viewed or handled.
5.
An explanation as to why the material is hazardous or potentially
hazardous and the remedies to be followed in the event of a spill, leak or other
accident.
6.
An explanation as to why the introduction of the materials into
evidence must be accomplished by their physical presence in the courtroom,
rather than proof of their existence by any other method.
B.
Controlled or toxic substances in any form must be securely sealed in
containers so that odors cannot be emitted.

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Superior Court, County of Lake

C.
Blood or urine samples, hypodermic needles or other objects containing
blood, urine or other bodily fluids shall be permitted in the courtroom only when
enclosed in a container sufficient to protect court personnel and other persons in
court.
D.
Toxic, physiological, hazardous or potentially hazardous materials shall
include, but not be limited to all controlled substances commonly seized by
narcotics officers and agents, and all chemicals, pesticides, and explosives,
other than ammunitions. A comprehensive list of these materials is contained in
the California Administrative Code Title 22, Division 4, Chapter 30, Article 9,
entitled Hazardous Waste and Hazardous Materials.
E.
All evidence of this nature will remain the responsibility of the person
bringing such into a courtroom. When such evidence is introduced, the person
previously in possession of the evidence shall take responsibility for it and store it
pending the “final determination of the action” as defined by Penal Code §
1417.1.
F.
Such exhibits must be retained by the submitting party/agency until notice
of final determination of the action, as defined above, or the submitting
party/agency has verified that fact.
G.
This rule does not, nor does it intend to, interfere with or be contrary to
any existing statute or case law that governs the introduction of or the viewing of
evidence.
H.
This rule is made for the protection of the public and all persons involved
in the processes of the justice system of Lake County.
I.
No firearm shall be marked as an exhibit, introduced into evidence or
otherwise handled in the courtroom, unless it has been checked by the bailiff for
safety and a gun lock has been attached to the trigger.
(eff. 1/1/2009)
3.10

Court Reporting Services (eff. 7/1/2009)

A.
A court reporter will be available for reporting all proceedings in the court
except traffic, small claims, misdemeanor, limited civil, and unlawful detainer
matters.
B.
In accordance with Government Code §68086 and California Rules of
Court §2.956 when a party requests a court reporter and the reporter is not
required by local rule §3.10(A) or by statute to report the court proceedings, such
party shall provide and pay for a certified court reporter approved by the court.
(eff. 7/1/2009)

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3.11

Interpreters (eff. 7/1/2009, amd. 7/1/2017)

Interpreters are provided by the court in actions where the court is required to do
so by law. In such cases counsel shall notify the court at least five (5) days prior
to the hearing that an interpreter is required. In all other cases, parties shall
notify the court at least ten (10) days prior to the hearing that an interpreter is
requested. The court will make reasonable efforts to provide an interpreter. The
court retains the sole discretion to provide interpreter services in non-mandatory
cases. (eff. 7/1/2009, amd. 7/1/2017)
CHAPTER
4.1

4

CRIMINAL PROCEEDINGS

Discovery (eff. 1/1/2010)

Motions for discovery shall be focused upon specific items which remain in
dispute after presentation of informal requests. “Boilerplate” discovery motions
are disfavored. Counsel shall meet and confer before the hearing of any
discovery motion in a good faith effort to resolve or narrow the dispute issues.
(eff. 1/1/2010)
4.2
Preliminary Examination Readiness Conference (eff. 1/1/2010, amd.
1/1/2012)
Unless otherwise ordered for good cause for all felony charges, a preliminary
examination readiness conference date may be set. At that conference all
counsel who will participate in the preliminary examination shall be present.
Counsel are expected to have discussed the case among themselves and
exchanged offers with a view toward resolving the matter prior to preliminary
examination.
Both counsel for the people and for the defendant shall inform the court of any
special needs, such as interpreters or appointment of counsel for witnesses, that
are needed for the preliminary examination, and the estimated time for hearing.
(eff. 1/1/2010, amd. 1/1/2012)
4.3

Pretrial Motions (eff. 1/1/2010)

A.

Pre-Trial Motions

Unless otherwise ordered or specifically provided by law, all pretrial motions,
accompanied by a memorandum, and all papers opposing the motion, and all
reply papers, must be served and filed in accordance with California Rules of
Court §4.111. (eff. 1/1/2010)

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4.4

Setting of Dates (eff. 1/1/2010, amd. 1/1/2014)

A.
Unless otherwise ordered for good cause, the court in felony cases at the
arraignment on the information or indictment, shall set dates approximately as
follows when the defendant does not enter a general waiver of the 60-day trial
requirement:
1. Motion hearing four weeks after arraignment on the information or
indictment;
2. Mandatory settlement and trial readiness conference five weeks after
arraignment on the information or indictment;
3. Trial assignment in the master calendar department on the Friday
before trial; and
4. Trial six weeks after arraignment on the information or indictment.
B.
Unless otherwise ordered for good cause, the court in felony cases at the
arraignment on the information or indictment, shall set dates approximately as
follows when the defendant does enter a general waiver of 60-day trial
requirement:
1. Motion hearing four weeks after arraignment on the information or
indictment;
2.
Mandatory settlement and trial readiness conference six weeks
after arraignment on the information or indictment;
3.
Trial assignment in the master calendar department on Friday
before trial; and
4.
Trial eight weeks after arraignment on the information or indictment.
C.
Unless otherwise ordered for good cause, the court in misdemeanor cases
shall set a disposition or setting hearing within three weeks of the defendant’s
first appearance in the calendar court with appointed or retained counsel.
D.
If a disposition is not reached and unless otherwise ordered for good
cause, the court in misdemeanor cases at the time for disposition or setting of
trial, shall set dates approximately as follows if the defendant enters a general
waiver of 30-day or 45-day trial requirement:
1. Mandatory settlement and trial readiness conference three weeks after
the disposition or setting hearing;
2. Trial assignment in the master calendar department on the Friday
before trial; and
3. Trial five weeks after the disposition or setting hearing.
(eff. 1/1/2010, amd. 1/1/2014)

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4.5

Mandatory Settlement and Trial Readiness Conference (eff. 1/1/2010)

A.
Attorneys and parties attending the settlement and trial readiness
conference must have the authority to settle the case.
B.
Both parties are encouraged to exchange formal authorized offers one
week prior to the conference.
C.
Before the conference, counsel shall confer among themselves, their
clients and any alleged victims or law enforcement personnel in a good faith
effort to achieve resolution of the case without trial.
D.

At the conference counsel should be prepared to discuss the following:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

Has all discovery been exchanged?
Will the defendant admit a charged prior?
Can any stipulations be entered concerning material facts in order to avoid
bringing witnesses to trial?
Do the People intend to offer any statement of the defendant?
Are there any Aranda problems?
If the defendant testifies, do the People intend to offer evidence of a prior
conviction for purposes of impeachment?
Do the People intend to offer evidence of uncharged offenses or evidence of
bad character for any purpose?
Are there any other problems involving the admissibility of evidence?
What is the number of court days estimated for completion of trial?
Are there any problems involving the scheduling of witnesses?
Does any witness require the assistance of an interpreter?
Does any witness need to have counsel appointed?
Does the defendant require anything to improve his/her appearance before
the jury, such as clothing or haircut?

Those lawyers who will try the case will attend the conference. If the case does not
settle, counsel shall inform the court of the time estimate for trial and any special
requirements that would affect the conduct of the trial.
E.
If both counsel want the court to consider a late disposition, after the
mandatory settlement and trial readiness conference a written request stating good
cause for acceptance of the late disposition must be filed prior to the date of
disposition.
F.
Any motions in limine must be in writing and filed and served at the earliest
opportunity, but not later than the commencement of the trial assignment hearing.
(eff. 1/1/2010)

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4.6

Continuances (eff. 1/1/2010)

All criminal cases set for hearing or trial will proceed to hearing or trial on the date
scheduled in the absence of good cause. No continuances will be granted unless
the court is presented proof of good cause for a continuance in accordance with
Penal Code §1050. A stipulation of counsel for hearing or trial continuance does
not necessarily constitute good cause. (eff. 1/1/2010)
4.7

Felony Sentencing (eff. 1/1/2010)

A.
Letters - Written statements of defendants and letters of reference or
recommendation on behalf of defendants are to be submitted to the probation
officer, not to the Court. Any such items must be submitted to the probation officer
no later than 14 calendar days following conviction in order to be considered by the
probation officer or Court. Written communications submitted ex-parte to the Court
by or on behalf of defendants or victims will be rejected. Letters of reference or
recommendation presented for the first time at the sentencing hearing may, in the
discretion of the Judicial Officer, be rejected.
B.
Notice of Intention to Present Evidence - A party seeking consideration of
circumstances in aggravation or mitigation may file and serve a statement complying
with the requirements of Penal Code 1170, subd. (b) and California Rules of Court
§4.437. The facts contained in the probation report’s “Summary of Offense” shall
be considered operative facts surrounding the offense absent any notice of intention
to dispute facts. (eff. 1/1/2010)
4.8

Electronic Recordings (eff. 1/1/2011)

Transcripts required by California Rules of Court, Rule 2.1040, shall be lodged in the
courts file and provided to opposing counsel no later than the trial assignment
hearing. (eff. 1/1/2011)
CHAPTER

5

FAMILY LAW

5.1
Compliance with Civil Law and Motion Rules (eff. 6/30/91, amd.
1/1/2009)
Unless otherwise provided by statute all proceedings brought under the Family
Code shall comply with the Civil Law and Motion Rules (Title Two, Division
II,CRC § 3.1100) and the provisions of those rules are integrated into these rules
by this reference to them. Every reference in those rules to a law and motion
proceeding shall be deemed a reference to a family law proceeding. (eff. 6/30/91,
amd. 1/1/2009)

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5.2

Child, Spousal and Partner Support (eff. 6/30/91, amd. 1/1/2009)

A.
Any order submitted containing provisions for child support must include a
completed child support case registry FL191 form.
B.

Pleadings
1.

Declarations

Whenever possible, a computer support printout shall be attached to the
pleadings or submitted to the Court at the time of the hearing by both moving and
responding parties in all matters where child support and/or pendente lite spousal
or partner support is at issue (but not permanent spousal or partner support.) In
such matters, litigants are encouraged to attach to their pleadings and bring to
the hearing a computer support printout for any possible income and time sharing
findings the Court may reasonably make. If it is contended that the requested
support is inappropriate, a declaration setting forth the disputed factors shall be
attached to the responding pleadings. When required by law, declarations must
address any changes of circumstances since any prior order.
2.

Income and Expense Declaration/Financial Statement (simplified)

A current Income and Expense Declaration or, if applicable, Financial
Statement (Simplified), shall be filed by both parties, and served on the other
party in advance of the hearing, when support is at-issue. If an Income and
Expense Declaration or Financial Statement (Simplified) that was filed within the
last three months is alleged to be current and relied on, a copy shall be attached
to the moving or responding papers. All blanks on the form must be answered.
Notations such as “Unk.” For Unknown, “Est.” for Estimated, “N/A” for Not
applicable, and “None” shall be used to avoid leaving any item blank.
3.

Tax Returns

The parties shall bring legible copies of their last 3 state and federal
income tax returns to the hearing, including all attachments, specifically including
all schedules, w-2 forms, 1099 forms, and amendments. If the tax return for the
prior year is not available, self -employed parties shall bring their most recent
profit and loss statements, balance sheets, quarterly sales tax reports, the last
filed tax return, or similar documentation evidencing income from all sources. If a
self employed party operates as a corporation, the last corporate tax return shall
also be produced. If the tax return for the prior year is not available for an
employee, that person shall bring paystub(s) for the prior year-end showing all
income for the prior year.
C.

Temporary Spousal or Partner Support Formula

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Superior Court, County of Lake

Temporary spousal or partner support is generally computed by taking 40% of
the net income of the payor, minus 50% of the net income of the payee, adjusted
for the tax consequences. The temporary spousal/partner support calculations
apply these assumptions. In performing electronic calculations of temporary
spousal/partner support the parties should therefore use the Santa Clara
guideline formula.
No case on the family law calendar will be heard unless and until counsel and the
parties have conferred in an effort to resolve all issues. All documentary
evidence that is to be relied on for proof of any material fact shall be exchanged
by counsel while conferring. Failure to meet and confer or exchange documents
may result in the matter being dropped from calendar, continued, or the court
may order other appropriate sanctions.
The meet and confer requirement is to be initiated by the moving party and/or the
moving party’s attorney. Unless impossible to do so, the meet and confer may
be by telephone and shall occur prior to the day of the hearing, unless the matter
is served or the attorney is retained, the day prior to the hearing.
(eff. 6/30/91, amd. 1/1/2009)
5.3

Family Law Facilitator (eff. 1/1/2009)

The Family Law Facilitator is authorized to perform all duties set forth in Family
Code § 10005 and other such duties as the court may prescribe. (eff. 1/1/2009)
5.4

Mediation (eff. 1/1/2009, amd. 1/1/2012)

A.
All contested child custody and visitation matters must be scheduled for
mediation. Lake County is a confidential county and mediation shall be
confidential. Confidentiality is not protected where the mediator has to fulfill
her/his responsibilities as a mandated reporter of suspected child abuse or is
required to warn of threatened violent behavior against a reasonably identifiable
victim or victims. The mediator does not provide recommendations to the court
regarding custody and visitation if agreement is not reached in mediation. The
mediator will notify the court if an agreement is reached or not.
B.
Prior to mediation each parent must attend a parent orientation workshop.
The petitioner should sign up to attend the workshop in conjunction with the filing
of his or her initial papers. The respondent should sign up to attend the
workshop as soon as practicable after being served with papers. It is not
necessary that the parents attend the same workshop. Alternatively, parents may
sign up for and/or attend the workshop on the day of their first court appearance.
Classes are approximately 2 hours in length and are generally held every
Monday morning that is not a court holiday. Class schedules can be obtained at
the clerk’s office. Children must not be brought to parent orientation.

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Superior Court, County of Lake

C.
Attorneys are not allowed in child custody mediation sessions.
(eff. 1/1/2009, amd. 1/1/2012)
5.5

Evaluations Pursuant to Family Code § 3110 (eff. 1/1/2009)

A.
Any case in which custody or visitation remains in dispute after completion
of mediation, the court, in its discretion, may appoint an evaluator pursuant to
Family Code § 3110. The case shall not be referred to the person who
conducted the original mediation unless parties stipulate to the referral. In the
interest of saving time and expense to the parties, the evaluation may be limited
in scope to the questions that the court requires answered. The court will identify
in a written order the scope and specific questions to be addressed in the
evaluation. The evaluation report and recommendations are governed by
Family Code § 3111. The evaluator will interview the parents and the children
and may conduct collateral interviews with friends, teachers, counselors and
medical professionals in order to verify information provided by the parties. The
evaluator will provide the court with a written report and recommendations on the
issues of custody, visitation and/or a proposed parenting plan. The evaluation
report and recommendation will be reviewed and considered by the court. The
court may order the parties to reimburse the court for the costs of the evaluation.
B.
When the court refers the matter for an evaluation, it is considered a court
appointment pursuant to Evidence Code § 730. The evaluation report will be
read and considered by the court at motion hearing or at trial.
C.
The party who wishes to have the evaluator present at the evidentiary
hearing/trial must notify the evaluator at least 20 days prior to the evidentiary
hearing/trial date and subpoena that person at least five days prior to the
evidentiary hearing/trial date. The party who subpoenas the evaluator to testify
is responsible for paying the evaluator’s fee for his or her appearance and
testimony at the evidentiary hearing/trial.
(eff. 1/1/2009)
5.6

Mediator Selection and Complaint Procedure (eff. 1/1/2009)

A.
In light of the small pool of mediators/evaluators the court will not permit a
peremptory challenge. However, a challenge for cause may be presented to the
court within five days of the appointment. The challenge for cause may be made
on an ex parte basis giving the opposing side at least 24 hours notice.
B.
The court is committed to the delivery of quality mediation and evaluation
services. If parties have concerns about their mediation or evaluation, they
should first address concerns directly to their mediator or evaluator. If parties are
not satisfied with the mediator or evaluator’s response, they may submit a written
complaint to the Court Executive Officer at 255 N. Forbes, Lakeport, CA 95453.
(eff. 1/1/2009)

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5.7

Mediation Other Than Child Custody Matters (eff. 1/1/2009)

Although the court does not mandate mediation of family issues other than those
related to the child(ren), it is preferred that parties and counsel obtain the
services of a private sector mediator for negotiation of all non-child custody and
visitation issues which they are unable to otherwise resolve. (eff. 1/1/2009)
5.8

Family Centered Case Review Program (eff. 1/1/2012)

The Court is implementing a Family Centered Case Review Program in order to
promote the prompt disposition of family law actions, to expedite the processing
of the case, and to reduce the stress and cost of family law litigation, pursuant to
Family Code § 2450. The program components are as follows:
A.

Case Flow Standards

1.
Case Review Conference - Each case is scheduled for case review
conferences. Attendance at calendared case review conferences is required
either in person or by telephone unless otherwise specified by the court. The
court may set further case review conferences for any stage of the proceedings,
set other hearings as appropriate or refer self-represented litigants to the Family
Law Facilitator’s Office.
2.
Proof of Service - Unless the initial pleadings are served within 60 days
of filing and a proof of service filed with the court, attendance is mandatory, and
petitioner is required to file Family Law Status Report (LK100) with only items 1
and 2 completed.
3.
Declaration Regarding Service of the Preliminary Declarations of
Disclosure (FL141) - Parties must file the Declaration Regarding Service of
Preliminary Declaration of Disclosure (FL-141) before the second calendared
case review conference. See chart below “Case Plan Disposition Time
Standards and Court Events.”
4.
Income and Expense Declaration (FL150) or Financial Statement
Simplified (FL-155) - Parties who request support, fees or costs, must serve
and file the Income and Expense Declaration (FL-150) or Financial Statement
Simplified (FL-155) before the second calendared case resolution conference.
See the following chart “Case Plan Disposition Time Standards and Court
Events.”

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Superior Court, County of Lake

5.
Mandatory Settlement Conference Statement (LK 101) - This form must
be filed with the court prior to the Mandatory Settlement Conference. Before
filing this form, the parties must meet and confer in person or by telephone
regarding the case unless a protective order, as defined by Family Code §
6218, is in place. Each party must complete this form.
B.

Case Plan Disposition Time Standards and Court Events

From Filing Date

Court Event and Documents to be Filed by Parties Prior to Court Event

Approximately 60 days

Case Review Conference regarding the filing of the Proof of Service. No
appearance will be necessary if the following documents have been filed prior to the
scheduled court date:
a. Valid proof of service of summons;
b. Family Law Status Report (LK-100) (Items 1 & 2 only).

Approximately 180
days

Case Review Conference regarding status. No appearance is necessary if the
following documents are filed prior to the scheduled court date:
a. Request to Enter Default (FL-165) and judgment forms; or
b. Response (FL-120) or (FL-220); Declarations re Preliminary Declaration of
Disclosure (FL-141); and Family Law Status Report (LK-100)
(Dissolution/Legal Separation Only)
If compelling circumstances exist and a default or response cannot be filed, you
may file a Family Law Status Report with an attached declaration detailing the
circumstances.
A mandatory settlement conference and trial date will be set by the court as
necessary after filing requirements set forth above are completed.

Approximately 15 days
Prior to the Mandatory
Settlement Conference

The following must be filed fifteen (15) days prior to the Mandatory Settlement
Conference:
a. Mandatory Settlement Conference Statements (LK-101); and
b. Current Income and Expense Declarations (FL-150), or Financial Statement
Simplified (FL-155) if support, fees or costs are requested; and
c. Property Declarations (FL-160); and
d. Witness Lists (LK-102).

Approximately 200 to
300 Days

Mandatory Settlement Conference

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Superior Court, County of Lake

Approximately 260 to
360 Days

Trial if needed

Approximately 260 to
360 Days

Case Review Conference regarding filing the judgment

C.

Results of Failure to Comply with Case Flow Rules

All family law cases will be reviewed for compliance with these rules, and orders
to show cause may be issued for failure to comply. Failure of party or parties to
comply with these family law rules, including failing to appear at a mandatory
court event or failing to file required forms, may result in the sanctions referenced
in Section 1.6 “Sanctions for Non-Compliance” of these local rules.
D.

Mandatory Settlement Conferences

A mandatory settlement conference and trial date will be calendared by the court
according to the case disposition time standards and court events outlined in
section 5.8B of these rules. However, a party may request an earlier date for
the mandatory settlement conference and trial. A counter request may be filed
within ten (10) days after service. The mandatory settlement conference and
trial will then be set no earlier than the later date requested in either the request
or counter request.
All contested cases shall be set for mandatory settlement conference.
Each party must complete and file the following fifteen (15) days before the
mandatory settlement conference:
1.
Current Income and Expense Declarations (FL-150) or Financial
Statement Simplified (FL-155), if support, fees, or costs are requested;
2.

Mandatory Settlement Conference Statement (LK-101);

3.

Property Declaration (FL-160);

4.
Witness List (LK-102 optional form) The parties must exchange
and file their witness lists that identify all witnesses to be called in their case in
chief. The list should include a brief statement of what the witness will testify to
and a time estimate of the direct examination of that witness.
E.

File Document Review

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Superior Court, County of Lake

All cases will be reviewed prior to the mandatory settlement conference to
determine if the parties have complied with the filing deadlines contained in this
section. If a party has not met the requirements of this section, the mandatory
settlement conference may be continued and an order to show cause for
sanctions of the non-complying party may be set by the court.
F.

Reinstatement of Dismissed Cases

A party to a case dismissed under these rules may apply within 6 months to have
their case reinstated under CCP 473(b). The court may reinstate the case upon
such terms and conditions as the court deems just.
G.

Reconciliation

Parties who indicate to the court that they are attempting reconciliation will be
relieved of the case plan disposition standards. If, however a dismissal or
judgment is not filed within 12 months of filing the Petition, the court will set the
case for a case review conference.
(eff. 1/1/2012)
5.9 Request for Emergency Family Law Orders (Ex Parte Orders) (new
7/1/2014)
A.

Compliance

A Request for Order (FL-300); which requests the issuance of a Temporary
Emergency Court Order (FL-305), shall comply with the procedures set forth in
rules 5.151 to 5.170, California Rules of Court. The court will not consider any
ex parte communication from counsel or a party unless made in the manner
prescribed by these rules, the California Rules of Court, or by the laws of the
State. This rule applies to all requests for temporary emergency court orders (ex
parte orders) issued pursuant to the Family Code, except this rule does not
apply to ex parte applications for domestic violence restraining orders issued
pursuant to the Domestic Violence Prevention Act or orders on procedural
matters for which notice is not required.
B.

Required Papers

A request for a temporary emergency order shall include all of the required
forms for the relief requested in the Request For Order (FL-300) fully completed
to provide all relevant information required by each form, must identify the
specific order(s) requested by the party and include the form of Temporary
Emergency Court Orders (FL-305). The request shall also include a separate
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Superior Court, County of Lake

declaration regarding notice of the request in the form and containing the
information required by Rule 5.151(e), California Rules of Court, and as
provided herein.
C.

Separate Declaration Regarding Notice Of Request

The court will not act to review the request for issuance of a temporary
emergency court order unless a separate declaration regarding notice is
presented to the court which demonstrates that the other party has either been
given proper notice of the request or demonstrates an affirmative factual
showing of good cause for the court to waive notice. In the event a declaration
regarding notice is not submitted, the request for the emergency order shall be
denied. The court will not act to review or consider the other papers of the
request unless the court finds that proper notice of the request has been given
or finds good cause for a waiver of notice based solely on the contents of the
separate declaration regarding notice. The denial of the request for the
temporary emergency order for the reason that a separate declaration regarding
notice was not submitted shall be without prejudice to a new request being
made in compliance with this rule. Upon such denial of the request for an
emergency order, the request shall be set by the court for a noticed hearing. A
party may use Local Form LK-150, Declaration Regarding Notice of Ex Parte
Request for Temporary Emergency Court Order for the required declaration
regarding notice.
D.

Request Based on Waiver of Notice

In the event the party presenting the request seeks the issuance of the order
without notice to the other party, the separate declaration regarding notice shall
state such request and must demonstrate, without reference to or incorporation
by reference of other papers, other than exhibits attached to the declaration,
good cause based on an affirmative factual showing that:
1. Giving notice would frustrate the purpose of the requested orders;
or
2. Giving notice would likely result in immediate and irreparable harm
to the applicant or the children; or
3. Giving notice would result in immediate or irreparable damage or
loss of property; or
4. The applicant has made reasonable and good faith efforts to give
notice to the other party and further attempts to give notice would
likely be futile and burdensome.

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E.

Submission of Request Based on Waiver of Notice

A request for a temporary emergency court order, which is based on an
application for waiver of notice and supported by a separate declaration
regarding notice, may be submitted to the clerk of the court at any time. The
court shall act to review and consider the separate declaration regarding notice
only to determine whether good cause exists for a waiver of notice. If good
cause is not shown, the request for the issuance of the temporary emergency
court order shall be denied for that reason. Upon the denial of the application for
a waiver of notice, the court shall set the request for a noticed hearing. In the
event the court finds good cause and the requirement of notice is waived, the
court shall consider and act on the request for issuance of the temporary
emergency order on the merits solely on the papers submitted and, upon
granting or denying such an order, shall set a noticed hearing on the request.
F.

Submission of Request Based on Notice

A request for a temporary emergency court order, which is based on notice of
the making of the request, may be submitted to the clerk of the court at any time
for presentation to the court. The request shall be deemed submitted to the
court at 10:00 a.m. the next court day where notice of the application for the
request is given before 10:00 a.m. on the prior court day, except as may be
otherwise specifically ordered. In the event the notice of the request is made
after 10:00 a.m. on a court day, the request will be deemed submitted as of
10:00 a.m. on the second court day following the notice for review and action by
the court, except as may be otherwise ordered. The party making the request is
responsible for giving notice and service of the request to all parties, or counsel,
as set forth hereinafter.

G.

Notice and Service of Request

The required notice shall consist of notice given in the time and manner required
by the Rules of Court and the service of all papers of the request upon each
self-represented party and all counsel of record. Notice shall be deemed given
as of the date and time, set forth in the separate declaration regarding notice,
when the moving papers are served. Service of papers requires personal
service or, upon written consent, by facsimile transmission, with either a printed
electronic confirmation of receipt or the sender’s declaration that the recipient
has acknowledged receipt, or, service by mail, in which case notice shall not be
complete until five (5) calendar days after deposit except where service is by
next day delivery whereby case notice shall not be complete until two (2)
calendar days after the carrier receives the papers served. The party making
the request shall provide the required proof of service as part of the declaration
regarding notice.

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H.

Contents of Request

The Request for Order (FL-300) must contain therein, or have attached thereto,
the declaration of applicant and such other declarations, based on personal
knowledge of the person signing the declaration, to provide the information,
pursuant to Rule 5.151, as follows:
1. In all applications, an affirmative factual showing of irreparable
harm, immediate danger or other statutory basis for the court to
grant the ex parte temporary court order.
2. An application for emergency temporary court orders granting or
modifying child custody or visitation must:
a.

Provide a full, detailed description of the most recent
incidents showing:
i.

Immediate harm to the child as defined in Family Code
section 3064(b); or

ii. Immediate risk that the child will be removed from the
State of California.
b.

Specify the date of each incident described in (A);

c.

Advise the court of the existing custody and visitation
(parenting time) arrangements and how they would be
changed by the request for emergency orders;

e.

Include a copy of the current custody orders, if they are
available. If no orders exist, explain where and with whom
the child is currently living; and

f.

Include a completed Declaration Under Uniform Child
Custody Jurisdiction and Enforcement Act (UCCJEA) (FL105) if the form was not already filed by a party or if the
information has changed since it was filed.
i. The manner in which the emergency temporary
order/restraining order will result in a change to the
current situation or status quo of the parties.
ii. The disclosure of all prior applications for orders made
regarding the same issue, even if made upon a different
set of facts and whether any orders have been previously
made.

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iii. The name, address and telephone number as known to
the applicant, of any attorney for any party or for the
other party to the case if the party is not known to have
an attorney.
I.

Action on Request

All requests for temporary emergency court orders shall be acted on by the
court on the papers submitted. No hearings shall be set for further evidence
and/or arguments unless ordered by the court upon the court’s review of the
request and any written opposition to the request.
J.

Opposition to Request

Except as may be otherwise ordered by the court, any party seeking to oppose
the request shall serve and file a written opposition to the application by 10:00
a.m. on the day the request is deemed submitted to the court for review and
action by operation of this rule. The written opposition shall include a
Responsive Declaration (FL- 320) and any other declarations and documents
opposing the request.
K.

Request to Set Aside Temporary Emergency Order

A request to set aside a temporary emergency court order issued by the court,
either based on a waiver of notice or notice being given, made prior to the date
set for hearing, shall be made in the same manner as described in this rule.
Upon such a request, the court may act to order an earlier hearing date or
modify the order(s) in lieu of termination of the order(s) or may terminate the
order(s), on a proper showing, pending the hearing.
L.

Order Shortening Time

A request for an order shortening time shall be submitted as an ex parte request
on a Request For Order (FL-300) and shall comply with Rule 5.151, California
Rules of Court, including the submission of a separate declaration regarding
notice, as described by the rule, and the contents of the request, as described by
this rule, demonstrating an affirmative factual showing upon which the court may
issue an order shortening time for hearing and/or service. A request for an order
shortening time will be processed and acted upon in the manner set forth in this
rule. In acting upon a request for an emergency temporary court order the court
may in granting or denying, in whole or in part, the requested temporary
emergency order, make an order shortening time for service and/or hearing on
the request for orders. (new 7/1/2014)

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5.10 Appointment of Counsel to Represent Child and Complaint
Procedure (new 7/1/2017)
A. Upon the Court’s own motion, or upon written motion, the court may
appoint counsel to represent the child, when in the best interests of the
child, pursuant to Family Code section 3150.
B. Unless otherwise ordered, full payment of the reasonable costs of counsel
appointed pursuant to Family Code section 3150 as determined by the
court shall be shared by the parties in equal amounts.
C. Complaints regarding the conduct of counsel appointed for a child shall be
in writing and will be handled by the judicial officer to whom the case is
assigned. The complaint shall be served on all counsel and selfrepresented parties. The Court will determine what action, if any, to take
including whether the complaint should be referred to the appropriate
professional licensing board, and if counsel should be barred from future
court appointments. Written notice to the complainant that appropriate
action has been taken will be provided within 90 days of the complaint.
(new 7/1/2017)
CHAPTER
6.1

6

PROBATE

Applicability of Rules (eff. 6/30/91, amd. 1/1/2009)

The rules stated in this chapter shall govern all proceedings brought pursuant to
the Probate Code. (eff. 6/30/91, amd. 1/1/2009)
6.2
Submission of Matter Without Appearance by Counsel or Witnesses
(eff. 6/30/91, amd. 1/1/2009)
A matter that by law may be determined upon declaration, affidavit or verified
pleading and without testimony, may ordinarily be submitted for appropriate
action by the court without appearance by counsel or witnesses provided that all
necessary papers, including declarations and proposed orders, must be
delivered to the clerk within the time limit prescribed by rule 3.3. (eff. 6/30/91,
amd. 1/1/2009)
6.3
Non-resident Personal Representative to Furnish Bond
Notwithstanding waiver (eff. 6/30/91, amd. 1/1/2009)
Notwithstanding a waiver of bond arising by operation of law or contained in any
will by which a personal representative is nominated, every non-resident of the
state of California shall furnish the required statutory bond as a condition of
appointment as personal representative unless a waiver of bond is filed by all of

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the heirs of the decedent’s estate and approved by the court. (eff. 6/30/91, amd.
1/1/2009)
6.4

Required Form of Accounts (eff. 6/30/91, amd. 1/1/2009)

All accounts filed in probate proceedings, which shall include estates,
guardianship, conservatorship and testamentary trust accounts, shall conform to
California Probate Code § 1061 through 1064 as they may be amended, and to
the extent possible shall be set forth on forms approved by the Judicial Council.
(eff. 6/30/91, amd. 1/1/2009)
6.5
Appointment of Expert to Analyze Complex Accounts and Surcharge
of Cost Against Representative (eff. 6/30/91)
When, because of the volume or complexity of an account, an analysis thereof by
the court would appear to be unusually time consuming or difficult, the court will,
on its on motion, appoint an expert - usually a certified public accountant - to
analyze the account and report findings to the court. The compensation for such
expert shall be fixed by the court and ordered paid from the assets of the estate
as a cost of administration. If the court finds that the account was unnecessarily
voluminous or complex, the representative shall be surcharged the amount of
such compensation. (eff. 6/30/91)
6.6

Allowance of Claims of Personal Representatives (eff. 6/30/91)

Claims of personal representatives will be allowed pursuant to Probate Code
§9252 only upon a written petition for the allowance thereof, after every person
interested in the estate shall have been given notice of hearing of said petition in
the manner provided by Probate Code §1220. (eff. 6/30/91)

6.7

Statement Regarding Bond On Inventory and Appraisal (eff. 6/30/91)

Counsel for the personal representative or the personal representative, if acting
without counsel, will complete all appropriate statements regarding the
representative's bond which are called for upon the inventory and appraisal form
in current use with the approval of the Judicial Council of California. (eff. 6/30/91)
6.8
Amount of Personal Representative's Bond Where Independent
Administration is Authorized (eff. 6/30/91, amd. 1/1/2009)
In proceedings in which authority is sought pursuant to the Independent
Administration of Estates Act (Probate Code §10400, et seq.) which would
authorize the personal representative to sell real property without court
supervision, the petition for probate will disclose the estimated net value of the
decedent's real property and the order for probate will fix the amount of the bond

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required of the personal representative at not less than the aggregate of the
estimated value of the decedent's personal property, the estimated net value of
the real property, and the estimated value of the probable annual gross income
of all of the property belonging to the estate, or, if the bond is to be given by
personal sureties, at not less than twice that amount. (See Probate Code
§10453) (eff. 6/30/91, amd. 1/1/2009)
CHAPTER
7.1

7

LAW AND MOTION

Applicability of Rules (eff. 6/30/91)

The rules stated in this chapter, as well as those stated in Chapter 3, shall
govern all law and motion proceedings. (eff. 6/30/91)
7.2
Compliance with Civil Law and Motion Rules (eff. 6/30/91, amd.
1/1/2009)
Compliance is required with the Civil Law and Motion Rules (Title Two, Division
II, California Rules of Court, commencing with rule 3.1100) and the provisions of
those rules are integrated into these rules by this reference to them.
(eff. 6/30/91, amd. 1/1/2009)
CHAPTER
8.1

8

CASE MANAGEMENT

Authority (eff. 1/1/92 amd. 1/1/2009)

The rules in this chapter are adopted pursuant to the authority of Government
Code sections § 68070 and 68612 in implementation of the Trial Court Delay
Reduction Act (Gov't. C. § 68600-68619). Rules relating to differential case
Management are also authorized by CRC § 3.710. (eff. 1/1/92 amd. 1/1/2009)
8.2

Scope (eff. 6/30/91 amd. 1/1/2009)

The rules in this chapter apply to all general civil cases filed before or after the
effective date of the rules. "General civil case" means all limited and unlimited
civil cases but exclude probate, guardianship, conservatorship, juvenile court
proceedings, small claims appeals, and "other civil petitions" as defined in the
Regulations on Superior Court Reports to the Judicial Council, including petitions
for writ of mandate or prohibition, temporary restraining order, harassment
restraining order, domestic violence restraining order, writ of possession,
appointment of a receiver, release of property from lien, and change of name.
(eff. 6/30/91 amd. 1/1/2009)
8.3

Procedural Time Standards (eff. 6/30/91, amd. 1/1/2009)

Procedural events in the progression of a case will occur in accordance with the

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following time standards:
Service of Summons and Complaint. Summons and complaint will be
served no later than 60 days after the filing of the complaint, unless an
extension is procured by an ex parte application to the presiding judge.
Filing Proof of Service: Proof of service of the summons and complaint will
be filed with the clerk no later than 10 days after the event of service.
Responsive Pleadings to Complaint or Cross-complaint. Responsive
pleadings (answer, demurrer, defendant's or cross-defendant's initial
motion, cross-complaint) will be served upon each party entitled to service
no later than 30 days after service of the complaint or cross-complaint
upon such party, unless an extension not exceeding 15 days is stipulated
to by the parties or an extension is procured by an ex parte application to
the presiding judge.
Default: Counsel for each plaintiff or cross-complainant to whose
complaint or cross-complaint there has not been filed a responsive
pleading will apply for the entry of the default of each non-responding
party no later than 10 days following the expiration of the time limit set by
this rule for such response. (eff. 6/30/91, amd. 1/1/2009)
8.4

Case Management Conference (eff. 6/30/91, amd. 1/1/2009)

After the expiration of a period of 135 days following the filing of the complaint,
every case which has not been placed upon the civil active list, will be set for a
case management conference. Counsel for each party in the action and each
party, when not represented by counsel, will attend the conference and will be
prepared to respond on the subjects specified in the notice of the conference
and, in addition, on the following items:
A.

Service of process on parties not yet served;

B.

Jurisdiction and venue;

C.

Proposed joinder of other parties;

D.

Proposed discovery and unresolved discovery controversies;

E. The substance of the parties' claims and defenses and the definition of
genuinely controverted issues;
F.

Anticipated motions;

G.

The assignment of a differential case management plan for the case and the

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need for adopting special procedures for managing potentially difficult or
protracted actions that may involve complex issues, multiple parties, difficult legal
questions, or unusual proof problems;
H.

The advisability of referring the matter to a referee;

I.
The advisability of adopting special procedures such as the bifurcation or
severance of issues for trial;
J.

The advisability of scheduling an early settlement conference;

K.

Referral to early mediation or other ADR process, and

L. Any other matters which may be conducive to the just, efficient and
economical determination of the case.
A noticed conference may be continued only on the order of the presiding judge
of the civil department. A request for a continuance shall be supported by a
stipulation and a declaration stating the reason for the request.
(eff. 6/30/91, amd. 1/1/2009)

8.5

Case Management Conference Statement (eff. 1/1/2009)

No later than 15 days prior to the first case management conference all parties
are required to file a case management conference statement on a form
approved by the Judicial Council. Further case management conference
statements are not required unless ordered by the court. (eff. 1/1/2009)
8.6

Differential Case Management (eff. 1/1/92, amd. 1/1/2009)

A.
Pursuant to CRC § 3.714 each case shall be evaluated and assigned
to one of the following plans:
Plan 1 -

Disposition with 12 months from the filing.

Plan 2 -

Disposition within 18 months from the date of filing.

Plan 3 -

Disposition within 24 months from the date of filing.

Cases will be presumed to be subject to the case-management disposition goals
under Plan 1. All cases will be assigned to this category until disposition or the
entry of an order changing its designation.

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B.

At the first case management conference, consideration will be given to:

1.
Assignment of the case to case management Plan 2 or case
management Plan 3; or
2.
Designation of the case as “uninsured motorist,” pursuant to CRC §
371.12(b); or,
3
Designation of the case as exempt from differential case
management by reason of exceptional circumstances, pursuant to CRC §
3.714(c), in which case there will be established a case-progression plan and a
procedure to monitor case progression in order to assure disposition with 3
years; or,
4.
At the time the case is set for trial it will also be set for an arbitration
conference, mandatory settlement, and trial assignment conference.
(eff. 1/1/92, amd. 1/1/2009)
8.7

Case Management Conference Order (eff. 6/30/91 amd. 1/1/2009)

Following any case management conference conducted pursuant to rule 8.4, the
judge conducting the conference will enter an order 1) continuing the conference,
or 2) addressing the items specified in rule 8.4, or 3) deem the case at-issue and
direct that the it be set for trial. Such order, until modified, shall govern all further
proceedings. Copies of the order shall be served on all parties who have
appeared in the action. (eff. 6/30/91 amd. 1/1/2009)
8.8

Dismissal Calendar (eff. 6/30/91, amd. 1/1/2012)

As frequently as needed there will be a dismissal calendar, on which the clerk will
place all unresolved cases in which the complaint was filed more than 5 years
before the date of the dismissal calendar. Notice will be given to the parties, by
the clerk, 50 days in advance of the date of the dismissal calendar. A party
desiring to oppose the dismissal of the case for lack of prosecution pursuant to
Code of Civil Procedure § 583.310-583.360 must file with the clerk, within 15
days after the date of the clerk's notice, a written opposition to the dismissal and,
thereafter, shall promptly file declarations containing whatever evidentiary
showing is desired to be given in support of the opposition. At the dismissal
calendar, the case will be dismissed unless opposition to the dismissal has been
filed in accordance with this rule and the case may be dismissed, notwithstanding
such opposition. (eff. 6/30/91, amd. 1/1/2012)

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CHAPTER

9

SETTING CIVIL CASES FOR TRIAL AND FOR PRE-TRIAL
AND MANDATORY SETTLEMENT CONFERENCES

9.1
Authority of Calendar Coordinator Regarding Settings (eff. 6/30/91,
amd. 1/1/2009)
The setting of cases for trial, trial assignment, and mandatory settlement
conferences is done by the presiding judge of the superior court, who has
delegated partial authority in these matters to the calendar coordinator who is
also responsible for the setting of the arbitration conference. The clerk of the
court does not perform any function with respect to settings. (eff. 6/30/91, amd.
1/1/2009)
9.2

Civil Active List (eff. 6/30/91 amd. 1/1/2009)

When the presiding judge of the civil department or the calendar coordinator
deems a case to be at issue, the case will be placed on the civil active list and
set for trial by the calendar coordinator. (eff. 6/30/91 amd. 1/1/2009)
9.3

Setting Cases for Trial (eff. 6/30/91 amd. 1/1/2009)

Trial dates will be selected by the presiding judge of the civil department or the
calendar coordinator who will consider the nature of the case, the information
provided by the case management conference statement, and the condition of
the court's calendar. Actual setting of case for trial will be by written notice
issued by the calendar coordinator. (eff. 6/30/91 amd. 1/1/2009)
9.4

Requests for Changes in Trial Dates (eff. 6/30/91 amd. 1/1/2009)

A.

Dates For Trial Are Firm

All dates for trial are firm and no trial date will be changed without court approval.
Motions to advance a trial date, to reset or specially-set a case for trial, or to
continue a trial date must made on written notice to all parties who have
appeared, and must be set for hearing.
B.

Motions and Stipulations for Continuance Of Trial

1.
A motion for continuance of a trial date must be noticed for hearing
as soon as possible after the need for continuance has been determined. No
continuance will be granted except upon an affirmative showing of good cause
(CRC § 3.1332).
2.
A stipulation to continue a trial, or to vacate a trial date and
calendar the matter for re-setting, may be accepted in lieu of a motion as long as
1) all parties agree in writing; 2) the terms of the written stipulation set forth good

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cause pursuant to § 9 of the Standards of Judicial Administration and CRC §
3.1332(a), and further state that the stipulation is subject to approval by the court;
and 3) the stipulation is accompanied by a proposed order.
3.
The court may refuse to grant a requested trial continuance if it is
not timely, or if it fails to meet the requirements specified in this section.
C.

Effect of Continuance.

If a trial date is vacated and not reset it will be set for further proceedings on the
regular case management calendar, and at least five (5) days before that date
each party must file a current and complete casement management statement
(JC Form CM 110). The time limits specified in CRC 3.725 do not apply to case
management statements filed after a trial date has been vacated.
(eff. 6/30/91 amd. 1/1/2009)
CHAPTER
10.1

10

MANDATORY SETTLEMENT CONFERENCE

Authority for Rules (eff. 6/30/91)

The rules contained in this chapter are adopted pursuant to CRC § 3.1380. (eff.
6/30/91)
10.2 Time and Purpose of Conference (eff. 6/30/91 amd. 1/1/2010,
1/1/2011)
A.
Every civil proceeding in which the trial is estimated to be one day or more
shall be set for a mandatory settlement conference at a time to be fixed by order
of the court. The purpose of the conference is to produce a settlement of the
case or to narrow the issues and evidence to be presented at trial.
B.
Any application to the court to excuse attendance of any person whose
attendance is required by CRC § 3.1380(b) shall be made to the regularly
assigned judicial officer not less than five (5) days before the date set for the
settlement conference with copies of the request delivered concurrently to all
other parties or their counsel.
C.
Any person whose presence at a settlement conference is required by
CRC § 3.1380(b) may be excused by order of the court for good cause shown
but, if so excused, shall be and remain immediately available for telephone
communication with counsel and the court at the time set for and throughout the
settlement conference.
(eff. 6/30/91 amd. 1/1/2010, 1/1/2011)

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10.3 Presence or Accessibility of Attorneys, Parties and Others (eff.
6/30/91 amd. 1/1/2009, 1/1/2011)
At the mandatory settlement conference, each party appearing in an action must
be personally present unless excused by the judicial officer. Corporate parties
must be represented by a responsible officer - other than counsel for such parties
- authorized to make all decisions regarding the case subject only to approval of
any governing board having the ultimate power to make such decisions. By way
of illustrating the character of the representative of a governmental party, it is
expected that the responsible officer, in the case of a city, would be the city
manager or mayor and, in the case of a county, would be the county
administrator or the chairperson of the board of supervisors. For every party
appearing in the action, counsel who will actually try the case must attend the
conference. In any tort case wherein a party who might be liable for damages
has insurance coverage, the insurance company shall have present, throughout
the entire duration of the conference, a representative who shall be authorized to
make all decisions regarding the case unless excused by a judicial officer.
(eff. 6/30/91 amd. 1/1/2009, 1/1/2011)
10.4

Vacating Conference (eff. 6/30/91 amd. 1/1/2010, 1/1/2011)

10.5 Duties of Counsel and Parties Prior to Conference (eff. 6/30/91 amd.
1/1/2009)
A.
At least ten days before the conference, each party shall lodge with the
clerk and serve upon all parties or their counsel, a detailed settlement conference
statement composed in accordance with CRC § 3.1380(c). The statement will not
form a part of the clerk's file but will be retained separately and temporarily by the
clerk following the conference.
The settlement conference statement shall be in writing and shall describe the
case and all relevant legal issues, factual issues, and conditions. The statement
and supporting material must be sufficiently detailed to enable the settlement
conference judge or pro tem judge to conduct a meaningful settlement
conference.
B.
The attorney(s) for each party or each party representing themselves
claiming damages shall include in the settlement conference statement a list of
all special damages claimed, and shall supply corroborating evidence, to be
available for examination by the settlement conference judge. In a personal
injury action, the special damages for each plaintiff should be up-to-date listed
separately, totaled, and categorized as health care (including medical, hospital,
ambulance, and drugs) and loss of earnings, if any. In family law cases, all
financial documents and information shall be informally exchanged at least 21
days prior to the conference.

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Opposing parties shall bring with them copies of all reports and records of all
examining doctors or other experts employed by them or their insurance
carriers(s), if any, who examined plaintiff’s claims, to be available for
consideration by the settlement conference judge.
C.
All parties and their counsel shall organize in advance and bring to the
conference such medical reports and records and any deposition (with relevant
pages premarked), photographs, books, records, diagrams, maps, bills,
contracts, memoranda, and all other documents pertinent to settlement of the
case for examination by the settlement conference judge. (eff. 6/30/91 amd.
1/1/2009)
10.6

Sanctions (eff. 6/30/91)

The failure of any person to appear at, prepare for, or participate in good faith in
a mandatory settlement conference, in conformity with the requirements of this
chapter, unless good cause is shown for such failure, is an unlawful interference
with the proceedings of the court and, in addition to any other sanction available,
for such failure the court may order the person at fault to pay the opposing party's
reasonable expenses and counsel fees, and may order an appropriate change in
the calendar status of the action. (eff. 6/30/91)
CHAPTER

11

FEES OF ATTORNEYS AND FIDUCIARIES

11.1 Attorneys' Fees in Guardianship and Conservatorship Proceedings
(eff. 6/30/91)
Attorneys for guardians and conservators are compensated according to the
work actually performed. The size of the estate corpus and the responsibility
assumed by the attorney are only two of the factors considered in arriving at the
value of the services. Application for attorney's fees must be accompanied by a
complete statement of the facts upon which the application is based, including a
detailed statement of the amount of time devoted to each component of the
services, and must specify the amount requested for each item of service, not
merely reasonable fees. (eff. 6/30/91)
11.2 Attorneys' Fees and Representatives' Fees for Extraordinary
Services in Probate Cases (eff. 6/30/91)
A.
In evaluating the justification for an award of fees for extraordinary
services of an attorney or representative, the court will take into consideration the
statutory fee and the extent to which it constitutes adequate compensation for all
of the services rendered by the attorney or representative.
B.
Subject to the principle stated in the foregoing paragraph A, compensation
for extraordinary services will be considered in the following situations:

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Superior Court, County of Lake

1.
2.
3.
4.

Litigation on behalf of the estate.
Operating or selling a business.
Sales of estate property.
Performance of any act resulting in extraordinary benefit to the estate or
requiring an extraordinary expenditure of time or display of competence.

C.
Application for fees for extraordinary services will not be considered
unless the title of the petition and the notice of hearing include a reference to the
request. The prayer shall set forth the amount of the request.
D.
An application for compensation for extraordinary services shall specify,
with respect to such services:
1.
2.
3.
4.
5.
6.

The date rendered.
Nature of services rendered, in detail.
Hours spent on ordinary services.
Hours spent on extraordinary services.
Hourly rate.
Total amount requested.

E.
Ordinarily compensation for extraordinary services will not be allowed or
paid before the final accounting has been approved by the court.
(eff. 6/30/91)

11.3

Fees of Guardians and Conservators (eff. 6/30/91)

Among factors to be considered in determining the compensation allowable to
guardians and conservators are:
A.
B.
C.
D.
E.
F.
G.
H.
I.

The gross value and income of the estate;
The success or failure of administration of the guardian or conservator;
Any unusual skill or experience which the guardian or conservator in
question may have brought to his work;
The fidelity or disloyalty displayed by the guardian or conservator;
The amount of risk and responsibility assumed by the guardian or
conservator in carrying out the duties;
The time consumed by the guardian or conservator in carrying out the
duties;
The custom in the community as to charges exacted by trust companies
and banks;
The character of the work done in the course of administration, whether
routine or involving skill and judgment; and
The value to the ward or conservatee of the services of the guardian or
conservator. (See Estate of Nazro (1971) 15 Cal.App.3d 218).

40

Superior Court, County of Lake

(eff. 6/30/91)
11.4 Fees and Commissions Must be Fixed by Court Prior to Payment (eff.
6/30/91)
There is no authority for the payment of any fees or commissions in decedent's
estates, guardianships or conservatorships in advance of a court order
authorizing the same. The recipient of any unauthorized payment will be
surcharged interest to the date of an order authorizing such payment, unless in
the case of decedent's estates, the written consent of the residuary beneficiaries
is filed with the court and the amounts paid are reasonable and proper.
(eff. 6/30/91)
11.5 Default Cases (Effective 7/1/1993 revised 1/1/2009)
The court adopts the following as its general fee schedule for default matters.
Counsel may request a greater amount by setting forth in affidavit form the
amount requested along with justification for the increase. (Effective 7/1/1993
revised 1/1/2009)
25% of the first
20% of the next
15% of the next
10% of the next
5% of the next
2% of the next
2% of the next
(Effective 7/1/1993 revised 1/1/2009)

$ 1,000
$ 4,000
$ 4,000
$ 10,000
$ 30,000
$ 50,000
$ 100,000

($300 minimum)

11.6 Unlawful Detainer Cases (eff. 7/1/93, amd. 1/1/2009)
The presumed reasonable fee for a default unlawful detainer case is $350. If
an answer has been filed, but is uncontested at trial the fee will be $400. If
an answer has been filed and the case is contested at trial the fee will be
$500. Counsel may, by affidavit, request additional attorney fees.
(eff. 7/1/93, amd. 1/1/2009)
CHAPTER 12
12.1

SMALL CLAIMS

Disposition Goal (eff. 1/1/2009)

The goal of the court is to process small claims cases in the most expedient
manner that is fair to all concerned. The court intends to achieve disposition of
100 percent (100%) of small claims cases within 95 days after filing. (eff.
1/1/2009)

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Superior Court, County of Lake

12.2

Calendaring (eff. 7/1/93, amd. 1/1/2009)

Cases will be calendared for trial no sooner than 20 days and no later than 70
days from the date the Plaintiff’s Claim and Order is issued. If it is necessary to
reschedule the trial date in order to properly serve the opposing party, the court
will grant a continuance pursuant to Civil Code of Procedure § 116.570. (eff.
7/1/93, amd. 1/1/2009)
12.3

Continuances (eff. 7/1/93, amd. 1/1/2009)

If a continuance is requested after parties have been served, the request must be
made in writing at least ten days prior to the scheduled court date. A fee of
$10.00 must accompany the Request for Postponement and notice must be
given to the opposing party. (eff. 7/1/93, amd. 1/1/2009)
12.4

Dismissals (eff. 7/1/93, amd. 1/1/2009)

The court will dismiss, without prejudice, any small claims action for which there
is no appearance by the plaintiff at the scheduled hearing, unless the plaintiff
contacts the court in writing prior to the hearing date to request a continuance.
(eff. 7/1/93, amd. 1/1/2009)
CHAPTER 13
13.1

UNLAWFUL DETAINERS

Disposition Goals (eff. 1/1/2009)

The court’s disposition goal for unlawful detainer cases is to have 90% of these
cases disposed of within sixty (60) days of filing the complaint, and one hundred
percent (100%) of these cases disposed of within ninety (90 days) after filing of
the complaint. This local rule establishes target dates intended to assist the
parties and the court in achieving that goal.
13.2

Status Conference (eff. 7/1/93, amd. 1/1/2009)

All cases still pending and not set for trial 25 days after the filing of the unlawful
detainer will be set for a status conference. If the plaintiff or the plaintiff’s
attorney does not appear at this status conference, the court on it’s own motion
may dismiss any remaining actions. (eff. 7/1/93, amd. 1/1/2009)
13.3

Motions (eff. 1/1/2009)

A motion to quash service of summons on the ground of lack of jurisdiction
pursuant to CCP § 418.10(a), must be made not more than 5 days after the filing
of the proof of service. The hearing on the motion shall be automatically set on
the next available unlawful detainer calendar that is not less than three days
after the filing of the motion. When a demurrer, a motion pursuant to CCP §

42

Superior Court, County of Lake

1170.5(b) and (c) or any other motion or pleading is filed other than an answer it
shall be automatically set on the next available unlawful detainer calendar that is
not less than five days after the filing of the motion. (eff. 1/1/2009)
13.4

Setting for Trial (eff. 1/1/2009)

A.

Court Trials

After the trial setting memorandum is filed and if the proof of service complies
with these local rules in all respects, and if no jury trial is demanded, then the
clerk will set the case for court trial at the earliest date that is no sooner than five
(5) days and no later than twenty (20) days. The clerk will promptly notify all
parties in writing of the trial date.
B.

Jury Trials

1.
If a jury trial is demanded, then the clerk will assign the earliest available
date for settlement conference to be held within the next ten (10) days, and will
assign the earliest jury trial date within the next twenty (20) days, and will
promptly notify all parties in writing of both dates.
2.
Jury fees in the amount of $150 pursuant to Civil Code of Procedure § 631
must be deposited with the clerk’s office at least 5 calendar days prior to the date
of trial.
(eff. 1/1/2009)

CHAPTER 14

TRAFFIC

RESERVED (eff. 1/1/93, amd. 1/1/2014)
CHAPTER 15
15.1

JUDICIAL ARBITRATION

Scope, Purpose and Authority (eff. 7/1/2009)

The provisions of the rules contained within this chapter apply to all civil actions
except those exempt from arbitration by California Rules of Court §3.811(b).
They are adopted pursuant to the authority contained in Government Code
§68070 and Civil Code of Procedures §1141.11(b) and are aimed implementing
provisions provided by Code of Civil Procedure §§1141.10-1141.31 and
California Rules of Court §§3.810-3.830. (eff. 7/1/2009)
15.2

Mandatory Submission to Arbitration (eff. 7/1/2009)

Pursuant to the Code of Civil Code of Procedure §1141.11(b) all civil actions in
which the amount in controversy will not exceed $50,000, for each plaintiff, shall

43

Superior Court, County of Lake

be referred to arbitration unless parties agree to mediation in the alternative. (eff.
7/1/2009)
15.3 Arbitration Administrator and Administrative Committee (eff.
7/1/2009)
The arbitration administrator shall be that member of the court staff designated
by the presiding judge, from time to time, to perform the functions of arbitration
administrator. The function of an arbitration committee shall be performed by,
and the powers of such committee shall be exercised by, the presiding judge.
(eff. 7/1/2009)
15.4

Arbitration Conference (eff. 7/1/2009)

When a case has been placed on the civil active list, unless the pleadings
disclose that the only relief sought by every party is equitable relief, the
arbitration administrator will calendar the case for a conference, pursuant to
Code of Civil Procedure §1141.16, to determine the amount in controversy and to
consider submission of the case to arbitration and placement of the case on the
arbitration hearing list. If the pleadings disclose that the only relief sought by
every party is equitable relief, no conference will be conducted.
Not later than ten (10) days prior to the date set for the conference, each party
will serve on each other party, and file with the clerk, an arbitration conference
statement containing information relevant to:
1.
The nature of the case; and
2.
The amount in controversy, including an itemized statement of the
amount of any damages claimed; and
3.
The insubstantiality or frivolousness of any prayer for equitable
relief; and
4.
Any information bearing on the question whether arbitration would
not reduce the probable time and expense necessary to resolve the litigation.
(eff. 7/1/2009)
15.5

Arbitration Hearing List (eff. 7/1/2009)

The arbitration administrator will maintain an arbitration hearing list which will
include all actions ordered placed thereon pursuant to Code of Civil Procedure
§1141.16(a), and California Rule of Court §3.811(a).
Each action placed on the arbitration hearing list will be removed for the
following:
1.
2.
3.

A dismissal of the action; or
The filing of an arbitration award; or
The restoration of the case to the civil active list; or

44

Superior Court, County of Lake

4.
The entry of an order directing its removal.
(eff. 7/1/2009)
15.6

Conduct of Arbitration Hearing (eff. 7/1/2009)

Arbitration hearings will be conducted in accordance with California Rules of
Court §3.823 and §3.824. Not less than 5 days prior to the date first set for the
hearing, counsel for each party will deliver copies of that party’s pleadings
(complaint, cross-complaint and answer) to the arbitrator and will deliver to the
arbitrator and counsel for each other party an arbitration brief containing a
concise statement of the facts and the legal and factual contentions of the
parties, which, in the case of a plaintiff or cross-complainant, will include a
statement of damages or other relief sought in the arbitration and, where
appropriate, a detailed statement of the amount and elements of any claimed
financial harm or loss which is the basis for the claim. (eff. 7/1/2009)
CHAPTER 16

TELECONFERENCING HEARINGS AND CONFERENCES

RESERVED (eff. 7/1/2009, amd. 1/1/2014)

CHAPTER 17
17.1

CIVIL JURY TRIALS

Request for Jury Trial in Equity Cases (eff. 7/1/2009)

In civil cases in which all causes of action are equitable in nature, a trial by jury
on any specific factual issue is available only upon compliance with CCP §631.
In such cases the demand for jury shall be in writing and shall specify the factual
issues to be determined by the jury. (eff. 7/1/2009)
17.2

Attorney Testifying May Not Argue the Case (eff. 7/1/2009)

An attorney testifying on the merits of the case as a witness on behalf of that
attorney’s client shall not argue the case to the jury, unless by permission of
court. (eff. 7/1/2009)
CHAPTER 18

COURT APPOINTED SPECIAL ADVOCATE

18.1 Guidelines for Court Appointed Special Advocate Programs (eff.
1/1/2011)
The Superior Court hereby adopts the guidelines for a the Court Appointed
Special Advocate Program, as more particularly set forth under the caption,
“Program Guidelines for Court Appointed Special Advocate Programs”
established by section 100 of the Welfare and Institutions Code of the State of

45

Superior Court, County of Lake

California, as a Rule of Court applicable to the Court Appointed Special Advocate
Program for Mendocino/Lake County. The guidelines are incorporated herein
by reference. (eff. 1/1/2011)
18.2

Court Appointed Special Advocate Program (eff. 1/1/2011)

The Superior Court may appoint child advocates to represent and report to the
court on the interests of dependent and/or delinquent children. In order to qualify
for appointment the special advocate must be trained by and function under the
auspices of a Court Appointed Special Advocate Program, formed and operating
under the guidelines of the National Court Appointed Special Advocate
Association. (W&I 356.5) The advocate program shall report regularly to the
Presiding Judge and Judges of the Juvenile Dependency and Juvenile
Delinquency Courts with evidence that it is operating under the guidelines
established by the National Court Appointed Special Advocates Association and
the California State Guidelines for child advocates. (eff. 1/1/2011)
18.3

Special Advocates(eff. 1/1/2011)

Special advocates serve at the pleasure of the court having jurisdiction over the
proceeding in which the advocate has been appointed. (eff. 1/1/2011)
18.4

Functions(eff. 1/1/2011)

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 that the
court’s plan for the child are being implemented;
6. To the fullest extent possible, to communicate and coordinate efforts with
the case manager (social worker or probation officer);
7. To the fullest extent possible, to communicate and coordinate efforts with
the child’s attorney;
8. To represent the interest of the child in other judicial or administrative
proceedings; and
9. To be present in court for all hearings when the case is before the court.
(eff. 1/1/2011)

46

Superior Court, County of Lake

18.5

Sworn Officer of the Court (eff. 1/1/2011)

A special advocate is an officer of the court and is bound by these rules. Each
advocate shall be sworn in by a Judge or Court Commissioner before beginning
his or her duties, and shall subscribe to a written oath. (eff. 1/1/2011)
18.6

Specific Duties(eff. 1/1/2011)

In its initial order of appointment, and thereafter in subsequent orders as
appropriate, the court may specifically delineate the advocate’s duties in each
case, including interviewing and observing the child and other appropriate
individuals, reviewing appropriate records and reports, consideration of visitation
rights for the child’s grandparents and other relatives, and reporting back directly
to the court as indicated. If no specific duties are outlined by the court order, the
advocate shall discharge his or her obligation to the child and the court in
accordance with the functions set forth in Local Rule. (eff. 1/1/2011)
18.7

Appointment Process (eff. 1/1/2011)

To accomplish the appointment of a special advocate, the Judge or
Commissioner making the appointment shall sign an order granting the advocate
the authority to review specific relevant documents and interview parties involved
in the case, as well as other persons having significant information relating to the
child, to the same extent as any other officer appointed to investigate
proceedings on behalf of the court. (eff. 1/1/2011)
18.8

Access to Records (eff. 1/1/2011)

A special advocate shall have the same legal right to records relating to the child
he or she is appointed to represent as any case manager (social worker or
probation officer) with regard to records pertaining to the child held by any
agency, school, organization, division or department of the State, physician,
surgeon, nurse, other health care provider, psychologist, psychiatrist,
mental health provider or law enforcement agency. The advocate shall present
his or her order and identification as a Court Appointed Special 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. (W & I 107) (eff. 1/1/2011)

47

Superior Court, County of Lake

18.9

Report of Child Abuse(eff. 1/1/2011)

A special advocate is a mandated child abuse reporter with respect to the case to
which he or she is appointed. (eff. 1/1/2011)
18.10 Communication (eff. 1/1/2011)
There shall be ongoing, regular communication concerning the child’s best
interests, current status, and significant case developments, maintained among
the special advocate, case manager, child’s attorney, attorneys for parents,
relatives, foster parent, and any therapist for the child. (eff. 1/1/2011)
18.11 Right to Timely Notice (eff. 1/1/2011)
The moving party shall provide the special advocate timely notice of any motions
concerning a child for whom a special advocate has been appointed. (W & I 106)
(eff. 1/1/2011)
18.12 Calendar Priority (eff. 1/1/2011)
In light of the fact that special 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. (eff. 1/1/2011)
18.13 Distribution of CASA Reports(eff. 1/1/2011)
CASA reports shall be submitted to the court and served on parties entitled to
receive a copy of the report at least (3) three court days prior to the hearing. (eff.
1/1/2011)

48

Superior Court, County of Lake

INDEX
A

H

Arbitration Conference ..................................43
Arbitration Hearing List .................................43
Assistant Presiding Judge ..............................7

Hours of Operation ......................................... 7

B
Bond, Inventory & Appraisal.........................31
Bond, Personal Representative ...................31

I
Interpreters ..................................................... 14
J
Judicial Arbitration......................................... 42

C

M

Case Flow Standards ....................................21
Case Management ........................................31
Child, Spousal and Partner Support ...........17
Civil Jury Trials ...............................................44
Civil Law and Motion .....................................17
Continuances, Criminal .................................16
Court Appointed Special Advocate
Programs (new 1/1/2011) ..........................44
Court Reporting Services .............................13
Court Trials, Unlawful Detainers ..................42

Mandatory Settlement Conf. Civil ............... 15
Mandatory Settlement Conf. Family Law . 24
Media Coverage ............................................ 11
Mediation, Child Custody ............................. 19
Mediation, Civil .............................................. 10
Mediator Complaint....................................... 20
Mediator Selection ........................................ 20

D

P

Default ...............................................................8
Declarations ....................................................18
default .......................................................... 5, 40
Discovery ........................................................14
Dismissal Calendar ........................................34

Pleadings........................................................ 18
Preliminary Examination Readiness Conf. 14
Pretrial Motions ............................................. 14
Probate ........................................................... 29

E

N
Nunc Pro Tunc .............................................. 11

S

Electronic Recordings ...................................17
Emergency Family Law Orders ...................25
Ex Parte Applications ......................................8
Executive Officer ..............................................7
Expert, Appointment of .................................30

Sanctions.......................................................... 5
Sanctions, Settlement Conference ............. 38
Setting of Dates ............................................. 14
Small Claims .................................................. 40
Stipulated Judgments ................................... 10
Summons ....................................................... 32

F

T

Family Centered Case Review Program ............21
Family Code § 3110 Evaluations................20
Family Law Facilitator ...................................19
Fees, Extraordinary Services ......................38
Fees, Guardians and Conservators ............39
Fees, Attorney & Fiduciaries ........................38
Fees, Default Cases ....................................40
Felony Sentencing .........................................17
Firearms ..........................................................12

Teleconference ............................................ 44
Time Standards and Court Events ............. 23
Toxic and Hazardous Materials .................. 12
U
Fees, Unlawful Detainer ............................ 40
Unlawful Detainers ........................................ 41
V
Vacation............................................................ 7

49



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