Judge Benjamin Z. Wirtschafter
Judge • Yuba Superior Court
Court-wide rules
Applies court-wideYuba Superior Court publishes its filing requirements at the court level rather than per judge, so these 370 rules are what govern this courtroom.
Filing Requirements
All 126- Applies to
- Request for exemption from mandatory electronic filing and service
- Must include
- proposed order
An exemption request must include Form EFS-007 and proposed order Form EFS-008.
- Applies to
- Proposed order
Electronically filed proposed orders must comply with Rule 3.1312(c), and editable versions must be emailed to the applicable division address.
- Applies to
- Notice of hearing
Notices requiring the Clerk's posting must be posted in the lobby of the Court Information Center.
Filing Timing
All 60Written grievances concerning a court-ordered evaluation must be presented to the Court within five days after receipt of the report and will be addressed at the scheduled custody hearing.
- Deadline
- 5 court days
Motions in limine and trial briefs must be filed five court days before trial unless the Court orders another time.
- Deadline
- 5 court days
Family law trial briefs must be filed five court days before trial or hearing, and a courtesy copy must be provided to the trial judge.
Service
All 54Self-represented parties, non-parties, and attorneys excused from electronic filing must receive conventional service.
An attorney who files and serves an exemption request must receive paper service until the Court rules on the request.
Attorneys awaiting a ruling on an exemption request receive paper service, and self-represented parties, non-parties, and excused attorneys must be served conventionally.
Fees
All 35A document will not be filed, received, or forwarded for judicial review unless it is accompanied by the correct filing fee or an approved fee-waiver application.
The Court Collection Division or its agents may verify fee-waiver application information, and erroneous information may result in penalties or striking the documents filed under the application.
Within three years after granting in forma pauperis status, the Court may review a litigant’s changed financial condition and order payment of previously waived fees and costs according to ability to pay.
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