Yuba Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- Upon Filing
Ex Parte Request
- By 2 Pm Day Before Scheduled Hearing
Ex Parte Request, Supporting Documentation
- By 10 00 Am on the Scheduled Hearing Date
- By 2 00 P M Day Prior to Hearing
- No Later Than 10:00 A.m. on the Date of the Scheduled Hearing
Filings > 10 pages
- Within One Court Day
Adjournments
- A continuance requested fewer than five court days before the hearing will not be granted absent good cause.
- A stipulated family-law continuance must be submitted at least two court days before the scheduled trial or hearing using YCSC FL12069, for a court order approving or denying it.
- A stipulated family-law continuance must be submitted to the court for approval or denial at least two court days before the scheduled court trial or hearing, using YCSC FL12069.
Communication
Phone
Phone
Phone
Page & Word Limits2 rules
Briefs shall not exceed 18 pages without leave of Court.
- Brief
- Up to 18 pages
Exception
More pages with leave of court
Briefs shall not exceed 18 pages without leave of Court.
- Brief
- Up to 18 pages
Exception
More pages with leave of court
Document Format Requirements6 rules
All electronic documents must be in electronic text‐searchable PDF (portable document format), have an effective resolution of at least 300dpi, and not be secured or password protected.
- File type
Telephones and computers are not received into evidence; electronic-device evidence must be printed or copied to a flash drive, as applicable, and properly authenticated.
- Evidence
Formatting
- •Proper authentication is required
Court's wording
The court does not receive telephones or computers into evidence. If a party wishes to submit evidence obtained from an electronic device it must be printed out, in the case of text messages or social media texts, or copied onto a flash drive for receipt into evidence, after proper authentication.
If a party wishes to submit evidence obtained from an electronic device it must be printed out, in the case of text messages or social media texts, or copied onto a flash drive for receipt into evidence, after proper authentication.
The court does not receive telephones or computers into evidence.
Any instructions on which the parties do not agree will be tabbed.
- Jury instructions
Formatting
- •Any instructions on which the parties do not agree must be tabbed
Any instructions on which the parties do not agree will be tabbed.
Document Filing Requirements126 rules
An exemption request must include Form EFS-007 and proposed order Form EFS-008.
- Document
- Request for exemption from mandatory electronic filing and service
Must include
- •Proposed order
Court's wording
An attorney requesting to be excused shall file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS‐007) with a Proposed Order (Judicial Council Form EFS‐008).
Electronically filed proposed orders must comply with Rule 3.1312(c), and editable versions must be emailed to the applicable division address.
Court's wording
Proposed orders that are electronically filed must comply with California Rule of Court, Rule 3.1312(c). In accordance with the rule, editable versions of the proposed orders shall be sent via email to Civil and Probate Proposed Orders: CivilDivision@yuba.courts.ca.gov Family Law Proposed Orders: FamilyDivision@yuba.courts.ca.gov Juvenile Dependency Proposed Orders: JuvenileDivision@yuba.courts.ca.gov
The joint instructions will include all instructions to be offered by any party.
Ex parte applications for Orders to Shorten Time will be considered only when accompanied by the proposed moving papers.
Claims for payment must use the court’s General Claim form, completed with the claimant’s date, signature, and Social Security number and/or federal tax identification number, and submitted to the specified recipient.
Court's wording
Any party submitting a claim for payment by the Court, whether for services rendered per court order or related expenses, must submit his/her claim upon the Superior Court of California General Claim form. The top half of the form must be completed by the claimant, dated and signed, and must include claimant's Social Security number and/or federal tax identification number. The completed form must be submitted to the Court Executive Officer or the Judge upon whose order the services were rendered.
A Petition to Establish Fact of Marriage shall be submitted in the form approved by this Court [YCSC Form FL03009], accompanied by local form Notice of hearing re Petition to Establish Fact of Marriage [YCSC FORM FL03010].
When applying for the appointment of an elisor, the application and proposed order must designate “The Clerk of the Superior Court, County of Yuba Heather Pugh or the Clerk’s Designee” as the elisor.
An elisor application must be filed with a proposed order and an attached sample document showing the signing locations and requested signature-identification language.
Court's wording
An application for appointment of an elisor shall be made by filing an application and proposed order. The Application for Appointment of Elisor shall have as an attachment a sample copy of the document(s) to be signed by the elisor. The sample copy shall be highlighted in the location(s) where the elisor is to sign his/her name. Beneath the signature line(s) on the sample copy the moving party shall print the language being requested to identify the elisor’s signature.
An elisor proposed order must identify each document, specify deed types and separately list escrow documents, and state the signing locations and the party represented by the elisor.
Court's wording
The proposed order shall clearly identify the document(s). A deed must state the type of deed (i.e. grant deed, interspousal transfer deed, etc.) Escrow documents must be listed separately (i.e. Escrow Instruction Dated, Disclosure Regarding Real Estate Agency Relationship, Hazards Report, etc.). The order shall describe the exact location(s) in the document(s) where the elisor is to sign and identify the name of the party for whom the elisor is signing.
Counsel for plaintiff shall so notify the Court by submitting a photocopy of the endorsed-filed bankruptcy petition.
The declaration supporting the application must include specific facts establishing the necessity for the appointment of an elisor.
Whenever a civil case has settled, counsel shall immediately notify the Court in writing.
Unlawful detainer plaintiffs shall attach to the complaint as exhibits true and correct copies of the written rental/lease agreement, if any, and all statutory notices served on the defendant (s).
If a hearing, conference or trial is imminent, notice must be given orally to the assigned department followed by a confirmation in writing.
The writing must specify when all closing papers will be filed with the Court.
A Notice of Case Management Conference [YCSC CV03014] must accompany all civil complaints.
Serve and file five (5) court days before the conference, a written statement of the facts, law and respective contentions of the parties.
Department 6 (Department of Child Support Services) hearings at 8:30 a.m., 10:00 a.m. and or 1:30 p.m. by completing judicial council Form FL679, 12 days prior to the hearing and obtaining court approval by submitting the completed from to Family Court Services.
Any stipulation for private judge must include a waiver of the necessity of clerk’s minutes.
Any confidential report filed in a guardianship or conservatorship proceeding shall be filed as a separate document, shall contain the word "CONFIDENTIAL" in the caption, and shall be verified by the party pre- senting it.
- Document
- Confidential report
- Placement
- Caption
Orders must be submitted to the Probate Division at the time the petition is filed. The hearing date shall be stated in the order.
There shall be no ex parte appointment of a permanent guardian.
When an Income and Expense Declaration or Financial Statement is required, the moving party must file it with papers seeking relief.
Court's wording
In all matters in which the filing of an Income and Expense Declaration [JC FL150] or Financial Statement is required, the moving party shall file the Income and Expense Declaration [JC FL150], or Financial State- ment with the papers seeking relief, and the opposing party shall file the Income and Expense Declaration with the responsive papers.
An evaluator seeking to withdraw must submit a written request to the Court, mail copies to counsel or unrepresented parties, and include the reason and a status report.
Court's wording
Evaluators may petition to withdraw from a case by submitting a request in writing to the court and mailing copies to counsel for the parties, or to the parties if they are unrepresented. The request shall include the reason for the request and a status report on any action taken by the evaluator appointed to the case.
An agreed Parenting Plan must be presented in original form, reviewed and approved by the Court, and then filed as a court order.
Court's wording
If the parties reach agreement on a Parenting Plan, the original Plan shall be presented to the Court. The Court shall review the Plan. Subject to the Court's approval, whether as reflected upon the clerk’s minutes or by Order After Hearing, the Plan shall become the order of the Court and shall be filed in the Court file.
Grievances in connection with court-ordered investigations shall be presented, via Complaint, (Local Form Number FL05048 in writing, to the Court Executive Officer within five (5) days of receipt of the report.
If the parties have reached an agreement in mediation, they will be provided with a copy of the Mediated Agreement, signed by all parties and the Counselor, prior to leaving mediation.
Upon reaching an agreement regarding child custody and visitation in mediation, a copy of the Mediated Agreement, signed by all parties and the Counselor, shall be provided to the parties before leaving mediation.
Complaints regarding the performance of a court-appointed counsel for a child shall be in writing and addressed to the Court Executive Officer.
a. A statement of the issues (disputed and undisputed), contentions, and proposed disposition of the case.
A. Either (1) a Request to Enter Default and supporting declaration in the form prescribed by the Judicial Council or (2) an executed written stipulation that the matter may be treated on an uncontested basis; and
B. Current Income and Expense Declaration and Property Declaration forms, completed as prescribed by the Judicial Council, infra, unless excused by FC § 2330.5.
If the Court determines that an uncontested matter is to be set for hearing, the following documents shall be filed:
In the event of a stipulated judgment, the stipulation must be signed by both parties and their respective attorneys, if represented by counsel.
At the hearing of the uncontested matter, counsel shall provide to the Judge the original of the proposed judgment, including any marital settlement agreement.
A stipulation to modify an existing order in a family matter must be signed by both parties, their attorneys if represented, and appointed minor’s counsel, and then presented to the court.
Court's wording
In any family matter in which a modification of an existing order is sought by stipulation, the stipulation must be signed by both parties and their respective attorneys, if represented by counsel, and minor’s counsel, if minor’s counsel has been appointed. The stipulation shall then be presented to the court. (YCSC FL077060; YCSC FL10070)
Only disclosed exhibits will be permitted to be offered at trial, except for good cause shown.
e. A list of Exhibits with legible copies to be exchanged with opposing counsel.
Only disclosed witnesses will be permitted to testify at trial, except for rebuttal witnesses or for good cause shown.
d. A witness list in which counsel may utilize the non-mandatory JC form FL-321, speci- fying for each witness, his/her name, address, contact telephone number, and a brief summary of the witness’ expected testimony.
Trial and reply briefs must include a complete statement of property and income and expenses and provide the listed information in the specified order, as applicable.
Court's wording
Trial and reply briefs shall include a full and complete statement of property and income and expenses, and shall set forth the following information in the following order, as it applies to the party filing, except as hereafter provided: 1. Separate Property List each item of separate property, the year it was acquired, the basis upon which it is claimed as separate rather than community property, the current market value, the nature, extent and terms of payment of any encumbrance against the property, and manner in which title thereto is presently vested, and the relevant title data. 2. Community Property List each item of community property, the year it was acquired, the basis upon which it is claimed as community rather than separate property, the current market value, the nature, extent and terms of payment of any encumbrance against the property, the manner in which title thereto is presently vested, and the record title data. 3. Funds Held By Others To the extent that either separate property or community property consists of funds held by others, such as insurance policies, pensions, profit sharing or other trust or retirement funds, the statement shall fully identify the policy or fund, including policy, serial or account numbers, the present values and basis for calculations and all terms or conditions imposed upon withdrawal of such funds. If any loans exist against any of these funds, details regarding those loans should be set forth. 4. Tracing If a segregation of community property and separate property interests in a single asset is to be an issue in the case, the statement shall set forth in detail, with dates, values, and dollar amounts, the transaction relevant to the tracing issue, as well as the basis for computation or proration. 5. Current Obligations Separately list all debts and obligations of the spouses, which are liabilities of the community and,
Pursuant to CRC, rule 5.24, a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding.
Current income and expenses must be stated using and filing mandatory Judicial Council Form FL-150; previously filed declarations do not satisfy this requirement.
Court's wording
Specify and set forth current income and expenses by completing and filing the form adopted for mandatory use, Judicial Council of California, Form FL-150 prescribed by CRC, rule 5.112.1. Pre- viously-filed Income and Expense Declarations shall not be considered as compliance with this requirement.
Pursuant to CRC, rule 5.24, a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding.
Set forth a proposed equal division of community property of the parties, giving due consideration to the liabilities, costs and attorney's fees. In addition, specify each party's contentions as to child custody and visitation, and as to amount and duration of child and spousal support.
A stipulated family-law continuance must be submitted on YCSC FL12069 to the court for an order approving or denying the continuance.
Court's wording
Continuances for Family law by stipulation shall be submitted at least two court days prior to the scheduled Court trial/hearing (YCSC FL12069) submitted to the Court for its Order approving or denying the continu- ance. A continuance
Appointed attorneys in juvenile dependency proceedings must submit a new Certification of Competence as part of the three-year competency requirements.
Court's wording
Every three years, attorneys who meet the education or experience requirements set forth in subsection (c)(i) must complete at least eight (8) hours of continuing education related to de- pendency. Attorneys appointed by the court to represent parties in juvenile dependency pro- ceedings must submit a new Certification of Competence to the court.
Any attorney appointed by the court in a dependency matter must complete and submit to the court a Certification of Competence on Local Form JV03003 within 10 days of his or her first appointment.
Notice of a child’s potentially affected right or interest may be filed and served on all parties as a declaration stating the interest, the relevant agency or forum and its known address, and the nature of the proceeding there.
Court's wording
Notice may be given by the filing and service on all parties of a declaration. The person giving notice shall set forth the nature of the interest or right that needs to be protected or pursued, the name and address, if known, or the administrative agency or judicial forum in which the right or interest may be affected, and the nature of the proceeding being contemplated or con- ducted there.
If counsel for the minor becomes aware that the minor may have such a right or interest, counsel for the minor shall notify the court as soon as reasonably possible.
Any party’s complaint regarding his or her appointed attorney must be in writing and addressed to the Court Executive Officer.
When the child’s attorney files the notice, the motion must address the proposed action, counsel’s willingness or ability to pursue it, possible specialist counsel, a guardian ad litem, agency joinder, and further investigation.
Court's wording
If the person filing the notice is the attorney for the child, the motion shall state what action on the child’s behalf the attorney believes is necessary, whether the attorney is willing or able to pursue the matter on the child’s behalf, whether the association of counsel specializing in prac- tice before that agency or court may be necessary or appropriate, whether the appointment of guardian ad litem may be necessary to initiate or pursue the proposed action, whether joinder of an administrative agency to the juvenile court proceedings pursuant to Welfare and Institu- tions Code section 362 may be appropriate or necessary to protect or pursue the child’s inter- est, and whether further investigation may be necessary.
An attorney seeking exemption must file and serve Form EFS-007 with proposed order Form EFS-008.
- Document
- Request for exemption from mandatory electronic filing and service
Must include
- •Proposed order
Court's wording
An attorney requesting to be excused shall file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008).
A party manually filing such a document or exhibit shall file electronically and serve a Notice of Manual Filing specifically describing the document or exhibit, and setting forth the reason the document or exhibit cannot be filed electronically.
Notice shall be given by completing the form RA-010 Notice of Remote Appearance.
The joint instructions will include all instructions to be offered by any party.
Ex parte applications for Orders to Shorten Time will be considered only when accompanied by the proposed moving papers.
A Petition to Establish Fact of Marriage shall be submitted in the form approved by this Court [YCSC Form FL03009], accompanied by local form Notice of hearing re Petition to Establish Fact of Marriage [YCSC FORM FL03010].
A claim for payment by the Court must use the General Claim form, with its top half completed, dated, signed, and containing the claimant’s Social Security number and/or federal tax identification number, and be submitted to the specified court officer or judge.
Court's wording
Any party submitting a claim for payment by the Court, whether for services rendered per court order or related expenses, must submit his/her claim upon the Superior Court of California General Claim form. The top half of the form must be completed by the claimant, dated and signed, and must include claimant's Social Security number and/or federal tax identification number. The completed form must be submitted to the Court Executive Officer or the Judge upon whose order the services were rendered.
The request must be made by filing Local Court Form YCSC G19075.
The sample copy shall be highlighted in the location(s) where the elisor is to sign his/her name.
The proposed order must identify each document, state the type of any deed, and list escrow documents separately.
Court's wording
The proposed order shall clearly identify the document(s). A deed must state the type of deed (i.e. grant deed, interspousal transfer deed, etc.) Escrow documents must be listed separately (i.e. Escrow Instruction Dated, Disclosure Regarding Real Estate Agency Relationship, Hazards Report, etc.).
Filing & Service rules
Electronic Filing Rules
An attorney may seek an exemption for undue hardship or significant prejudice by filing and serving Form EFS-007 with proposed order Form EFS-008.
An attorney representing a party may request to be excused from the mandatory electronic filing and service requirement by showing undue hardship or significant prejudice. An attorney requesting to be excused shall file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS‐007) with a Proposed Order (Judicial Council Form EFS‐008).
Page 1 | Mandatory Electronic Filing
Documents in civil cases, including complex, unlimited, limited, and small claims cases, must be filed and served electronically.
As of July 1, 2018, documents filed in the following case types must be filed and served electronically: Civil Cases (complex, unlimited, limited, and small claims)
Page 1 | Mandatory Electronic Filing
Cash, check, and credit-card deposits, trial exhibits, bonds, undertakings, wills or codicils, sealed documents, specified probate documents, and California State vital records forms must not be e-filed.
The following documents shall not be filed electronically: Deposits of cash, check, or credit card. Labor Commissioner deposits. Trial Exhibits Bonds Undertakings Wills/Codicils Sealed Documents Financial institutes documents, care facility documents, or escrow docs as defined under Probate Code §2620 California State vital records forms.
Page 2 | Documents Excepted/Excused from Electronic Filing
Documents may be submitted for fax filing at (530) 740-1801.
Documents shall be received for fax filing at (530) 740-1801.
Proposed or draft document; may not be in force
Page 17 | 2.5 A. COURT FAX NUMBERS
The court accepts fax filings through a fax filing agency or by direct fax filing in accordance with the cited rules.
The court accepts documents for fax filing in accordance with CRC 2.300 et seq. The court accepts fax filing both through a fax filing agency pursuant to CRC 2.303, and by direct fax filing pursuant to CRC 2.304.
Proposed or draft document; may not be in force
Page 17 | 2.5 B. FAX FILING FEE
All electronically filed documents must be submitted through a court-approved electronic filing service provider and comply with the court’s filing requirements.
All documents electronically filed, whether mandatory, permissive, by court order, or by stipulation of par- ties, must be electronically filed with the court using one of the court’s approved electronic filing service providers, and must comply with the court’s electronic filing requirements.
Proposed or draft document; may not be in force
Page 46 | 9.D. ELECTRONIC FILING REQUIREMENTS
Documents in civil, probate, family law, and juvenile dependency cases must be filed and served electronically, subject to stated exemptions.
Documents filed in all civil cases, probate cases, family law and juvenile dependency cases must be filed and served electronically.
Proposed or draft document; may not be in force
Page 46 | 9.B. MANDATORY ELECTRONIC FILING AND SERVICE
The Notice of Manual Filing must be filed electronically.
A party manually filing such a document or exhibit shall file electronically and serve a Notice of Manual Filing specifically describing the document or exhibit, and setting forth the reason the document or exhibit cannot be filed electronically.
Proposed or draft document; may not be in force
Page 47 | H. DOCUMENTS EXCEPTED/EXCUSED FROM ELECTRONIC FILING
A party whose electronic notification address changes must promptly e-file a Notice of Change of Address and serve it on all other parties or their attorneys of record.
A party whose electronic notification address changes while the action or proceeding is pending must promptly file a Notice of Change of Address with the court electronically and must serve this notice on all other parties or their attorneys of record.
Proposed or draft document; may not be in force
Page 47 | I. OBLIGATION TO KEEP INFORMATION CURRENT
Documents identified in the court’s electronic filing requirements must not be filed electronically; the list is available online and at the clerk’s office.
A list of documents that shall not be filed electronically is included in the court’s electronic filing require- ments, available on the court’s website at www.yuba.courts.ca.gov and in hard copy at the clerk’s office.
Proposed or draft document; may not be in force
Page 47 | H. DOCUMENTS EXCEPTED/EXCUSED FROM ELECTRONIC FILING
Every electronically filed document must be submitted through a court-approved electronic filing service provider and comply with the court’s e-filing requirements.
All documents electronically filed, whether mandatory, permissive, by court order, or by stipulation of par- ties, must be electronically filed with the court using one of the court’s approved electronic filing service providers, and must comply with the court’s electronic filing requirements.
Proposed or draft document; may not be in force
Page 46 | CHAPTER 9. ELECTRONIC FILING AND SERVICE — D. ELECTRONIC FILING REQUIREMENTS
Electronic filing and service are mandatory in civil, probate, family law, and juvenile dependency cases, except self-represented parties and non-parties, who are encouraged to participate voluntarily.
Documents filed in all civil cases, probate cases, family law and juvenile dependency cases must be filed and served electronically. Self-represented parties and non-parties are exempt from the mandatory elec- tronic filing and service requirements, but are encouraged to participate voluntarily.
Proposed or draft document; may not be in force
Page 46 | CHAPTER 9. ELECTRONIC FILING AND SERVICE — B. MANDATORY ELECTRONIC FILING AND SERVICE
An attorney may seek exemption from mandatory electronic filing and service by showing undue hardship or significant prejudice and filing and serving the specified request and proposed order.
An attorney repre- senting a party may request to be excused from the mandatory electronic filing and service requirement by showing undue hardship or significant prejudice. An attorney requesting to be excused shall file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008).
Proposed or draft document; may not be in force
Page 46 | CHAPTER 9. ELECTRONIC FILING AND SERVICE — B. MANDATORY ELECTRONIC FILING AND SERVICE
A Notice of Manual Filing must be filed electronically.
A party manually filing such a document or exhibit shall file electronically and serve a Notice of Manual Filing specifically describing the document or exhibit, and setting forth the reason the document or exhibit cannot be filed electronically.
Proposed or draft document; may not be in force
Page 47 | H. DOCUMENTS EXCEPTED/EXCUSED FROM ELECTRONIC FILING
A party whose electronic notification address changes must promptly electronically file a Notice of Change of Address and serve it on all other parties or their attorneys of record.
A party whose electronic notification address changes while the action or proceeding is pending must promptly file a Notice of Change of Address with the court electronically and must serve this notice on all other parties or their attorneys of record.
Proposed or draft document; may not be in force
Page 47 | I. OBLIGATION TO KEEP INFORMATION CURRENT
Documents listed in the court’s electronic filing requirements must not be filed electronically.
A list of documents that shall not be filed electronically is included in the court’s electronic filing require- ments, available on the court’s website at www.yuba.courts.ca.gov and in hard copy at the clerk’s office.
Proposed or draft document; may not be in force
Page 47 | H. DOCUMENTS EXCEPTED/EXCUSED FROM ELECTRONIC FILING
Inability to pay electronic filing fees does not qualify as undue hardship or significant prejudice for an exemption request.
Undue hardship or significant prejudice does not include the inability to pay fees for electronic filing.
Page 1 | Mandatory Electronic Filing
Electronic filers must select an electronic filing service provider; the court provides an approved-provider list but does not recommend a provider.
To file electronically, you must select an electronic filing service provider. The court cannot recommend a provider other than provide a list of approved electronic filing providers. The most recent approved list is available on the court’s website at www.yuba.courts.ca.gov.
Page 1 | Electronic Filing Providers
Self-represented parties and non-parties are exempt from mandatory electronic filing and service but are encouraged to participate voluntarily.
Self‐represented parties and non‐parties are exempt from the mandatory electronic filing and service requirements, but are encouraged to participate voluntarily.
Page 1 | Mandatory Electronic Filing
The listed restraining order forms are excused from mandatory e-filing but may still be filed electronically.
The following documents are excused from the electronic filing requirement, but may be filed electronically: Civil Harassment Restraining Order forms Domestic Violence Restraining Order forms Elder or Dependent Adult Abuse Restraining Order forms School Violence Restraining Order forms Workplace Violence Restraining Order forms
Page 2 | Documents Excepted/Excused from Electronic Filing
During trial, a party may submit documents to the courtroom clerk and serve them by hand, but must also e-file them by close of business no later than the following court day.
During trial, a party may submit to the courtroom clerk and serve by hand any documents, as long as the documents are also filed electronically before the close of business no later than the following court day.
Proposed or draft document; may not be in force
Page 47 | H. DOCUMENTS EXCEPTED/EXCUSED FROM ELECTRONIC FILING
A party may manually file and conventionally serve a document or exhibit that meets the stated electronic-format or viewing exceptions.
A party may be excused from filing any particular document or exhibit electronically if it is not available in electronic format and it is not feasible for the party to convert the document or exhibit to electronic format, or it may not be comprehensively viewed in an electronic format, including but not limited to exhibits that are real objects. Such a document or exhibit may be manually filed with the Clerk of the Court and served upon the parties by conventional non-electronic means.
Proposed or draft document; may not be in force
Page 47 | H. DOCUMENTS EXCEPTED/EXCUSED FROM ELECTRONIC FILING
Documents may be submitted for fax filing at (530) 740-1801.
Documents shall be received for fax filing at (530) 740-1801.
Proposed or draft document; may not be in force
Page 17 | 2.5(A) COURT FAX NUMBERS
The court accepts fax filings through either a fax filing agency or direct fax filing, in accordance with the cited rules.
The court accepts documents for fax filing in accordance with CRC 2.300 et seq. The court accepts fax filing both through a fax filing agency pursuant to CRC 2.303, and by direct fax filing pursuant to CRC 2.304.
Proposed or draft document; may not be in force
Page 17 | 2.5(B) FAX FILING FEE
Filing Timing and Cure Windows
In civil jury trials, the parties must lodge joint jury instructions five court days before trial unless the Court orders another time.
The parties will lodge joint jury instructions five (5) court days prior to the trial date or at such other time as the court may order.
Proposed or draft document; may not be in force
Page 15 | 2.2(A)(2) CIVIL JURY TRIALS
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.
Trial briefs must be filed five (5) court days prior to the trial/hearing date, with a courtesy copy provided for the trial judge.
Proposed or draft document; may not be in force
Page 15 | 2.2(A)(3) FAMILY LAW
Motions in limine and trial briefs must be filed five court days before trial unless the Court orders another time.
Motions in limine and trial briefs must be filed five (5) court days prior to the trial date or at such other time as the Court may order.
Proposed or draft document; may not be in force
Page 15 | 2.2(A)(1) MOTIONS IN LIMINE; TRIAL BRIEFS — CIVIL AND CRIMINAL
An Order to Shorten Time will be filed only if the motion was previously filed or is filed at the same time.
Orders to Shorten Time will be filed only when the motion has been previously filed or is simultaneously filed.
Proposed or draft document; may not be in force
Page 16 | 2.3(B)(1) SUBMITTING PLEADINGS AND/OR SCHEDULING HEARINGS
Papers will not be filed until the court receives the fees and the additional $25 charge.
No papers will be filed until the fees and $25 have been received by the court.
Proposed or draft document; may not be in force
Page 17 | 2.5 B. FAX FILING FEE
The original fax-filed document will not be filed if all charges and fees are not included when the Court receives it.
If all charges and fees are not included when the original document is received by the Court, the original document shall not be filed.
Proposed or draft document; may not be in force
Page 17 | 2.5 B. FAX FILING FEE
The clerk must reject a default request if the submitted form and documentation do not show full statutory compliance with notice and service, and the matter will be set for hearing.
Requests for defaults in which it does not appear from the Request for Entry of Default form and documentation submitted therewith that there has been full compliance with all applicable statutory procedures for notice and service thereof shall be rejected by the clerk and the matter set for hearing.
Proposed or draft document; may not be in force
Page 20 | 3.1 UNLAWFUL DETAINERS
If settlement occurs within five calendar days of trial, counsel must have a dismissal, stipulated judgment, or conditional settlement on file, or appear at the scheduled trial time and place to put the settlement on the record.
If a case settles within five (5) calendar days of the trial date, counsel shall have on file a dismissal, stipulated judgment, or a conditional settlement or make an appear- ance at the time and place designated for trial to place the settlement on the record.
Proposed or draft document; may not be in force
Page 20 | 3.2 SETTLEMENTS AND SETTLEMENT CONFERENCES
Responsive papers to an order to show cause must be filed five court days before the hearing.
Responsive papers to the Order to Show Cause must be filed five (5) court days in advance of the hearing.
Proposed or draft document; may not be in force
Page 20 | 3.2 SETTLEMENTS AND SETTLEMENT CONFERENCES
For a settlement more than five calendar days before trial, counsel must immediately notify the court in writing and file a dismissal request, stipulated judgment, or conditional settlement within 45 calendar days after the written settlement notice.
If a case settles before that time, counsel shall: (a) Immediately give written notice to the Court, and; (b) File a request for dismissal, stipulated judgment, or conditional settlement within 45 calendar days of the written notice of settlement.
Proposed or draft document; may not be in force
Page 20 | 3.2 SETTLEMENTS AND SETTLEMENT CONFERENCES
The written conference statement must be filed five court days before the conference.
Serve and file five (5) court days before the conference, a written statement of the facts, law and respective contentions of the parties.
Proposed or draft document; may not be in force
Page 21
For the specified Department 6 hearings, Form FL679 must be submitted 12 days before the hearing.
Department 6 (Department of Child Support Services) hearings at 8:30 a.m., 10:00 a.m. and or 1:30 p.m. by completing judicial council Form FL679, 12 days prior to the hearing and obtaining court approval by submitting the completed from to Family Court Services.
Proposed or draft document; may not be in force
Page 21 | 3.5 A. Telephonic Appearance
Ex parte applications must be submitted by 2:00 p.m. on the court date before the hearing date.
All ex parte applications must be submitted no later than 2:00 p.m. on the court date prior to the date set for hearing.
Proposed or draft document; may not be in force
Page 26 | 5.0.B. EX PARTE APPLICATIONS (FAMILY LAW/DOMESTIC VIOLENCE)
Written 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.
Grievances in connection with court-ordered evaluations shall be presented, in writing, to the Court within five (5) days of the receipt of the report and such grievances shall be addressed at the scheduled custody hearing.
Proposed or draft document; may not be in force
Page 30 | 5.2 B. Court-Ordered Evaluations
The investigator must return the Child Custody Investigation report by a date set by the Court at least 10 days before the hearing.
The Court shall establish a specific date the investigator shall return the Child Custody Investigation report to the Court, which shall be not less than ten (10) days prior to hearing.
Proposed or draft document; may not be in force
Page 31 | D. INVESTIGATION REPORT/CONFIDENTIALITY
For a contested trial or hearing, whether short or long cause, both parties must file and serve the specified materials at least five court days before the trial or long-cause date.
Where a matter is set for contested trial/hearing, either short or long cause, both parties shall file and serve at least five (5) court days prior to the trial/long cause date, the following:
Proposed or draft document; may not be in force
Page 32 | 5.8 CONTESTED TRIALS
In every criminal case, both the People and the defense must lodge proposed jury-instruction copies with the clerk by the time the jury is sworn.
The People and the defense shall, in each case, lodge copies of proposed jury instructions with the clerk no later than the swearing of the jury.
Proposed or draft document; may not be in force
Page 36 | 6.3 JURY INSTRUCTIONS
Dispositional Reports must be filed at least 48 hours before the hearing.
Dispositional Reports shall be filed at least 48 hours before the hearing.
Proposed or draft document; may not be in force
Page 40 | 7.1 Contested Matters: Timeline and Procedures — Presentation of Evidence
Responsive papers must be filed two court days before the hearing.
Any responsive papers shall be filed and served two (2) court days prior to the hearing.
Proposed or draft document; may not be in force
Page 40 | 7.1 Contested Matters: Timeline and Procedures — Pre-Hearing Discovery
CPS Social Study Reports must be filed with the court and made available to all counsel before the hearing according to the stated deadlines, unless the court orders otherwise.
Social Study Reports prepared by CPS shall be filed with the court and made available to all counsel before the hearing in accordance with the following time limitation, unless otherwise ordered by the court:
Proposed or draft document; may not be in force
Page 40 | 7.1 Contested Matters: Timeline and Procedures — Presentation of Evidence
Witness lists must be filed with the court and provided to all counsel at least 48 hours before the hearing.
Witness lists shall be filed with the court and provided to all counsel at least 48 hours prior to the hearing.
Proposed or draft document; may not be in force
Page 40 | 7.1 Contested Matters: Timeline and Procedures — Presentation of Evidence
A pre-hearing discovery motion must be filed at least five court days before the hearing.
A discovery motion under this Rule shall be filed and served on all parties at least five (5) court days before the hearing.
Proposed or draft document; may not be in force
Page 40 | 7.1 Contested Matters: Timeline and Procedures — Pre-Hearing Discovery
Reviews of Family Reunification, Family Maintenance, and Permanent Plans must be filed at least ten calendar days before the hearing.
Reviews of Family Reunification, Family Maintenance and Permanent Plans shall be filed at least ten (10) calendar days before the hearing.
Proposed or draft document; may not be in force
Page 40 | 7.1 Contested Matters: Timeline and Procedures — Presentation of Evidence
Service and Proof of Service Rules
Self-represented parties, non-parties, and attorneys excused from electronic filing must receive conventional service.
Self‐represented parties, non‐parties, and attorneys excused from electronic filing must be served conventionally.
Page 1 | Mandatory Electronic Filing
An attorney who files and serves an exemption request must receive paper service until the Court rules on the request.
An attorney who files and serves a Request for Exemption from Mandatory Electronic Filing and Service shall be served with documents in paper form until the Court rules on the Request for Exemption.
Page 1 | Mandatory Electronic Filing
When a Law and Motion continuance is based on oral agreement, the requesting party must file written notice with proof of service before the hearing date and time.
By oral agreement of the parties, provided the requesting party files with the Court, prior to the date and time set for the hearing, written notification with proof of service to opposing party/counsel.
Proposed or draft document; may not be in force
Page 15 | 2.3(A)(2) LAW AND MOTION MATTERS
The written conference statement must be served five court days before the conference.
Serve and file five (5) court days before the conference, a written statement of the facts, law and respective contentions of the parties.
Proposed or draft document; may not be in force
Page 21
In conservatorship matters, the petitioner’s attorney or self-represented petitioner must mail required notices; the petition must allege if there are no relatives within the second degree; each person requires a separate proceeding; and service at the county seat on a relative alleged to be missing is sufficient only with a declaration of reasonable efforts to locate the relative.
The attorney for the petitioner (or the petitioner if in propria persona) shall be responsible for the mailing of all required notices. If there are no relatives within the second degree, the peti- tion shall so allege. There shall be a separate proceeding for each person for whom the ap- pointment of a conservator is sought. If there are relatives within the second degree whose whereabouts are alleged to be unknown, service upon any such relative at the county seat will be sufficient ONLY if a declaration is filed showing that reasonable efforts were made to locate such relatives.
Proposed or draft document; may not be in force
Page 24 | Chapter 4. Probate — 4.3 Conservatorships, A. Appointment of Conservator
Proof of service of the ex parte hearing notice must be filed at the family law clerk’s window by noon on the hearing date.
Any proof of service of the notice of the ex-parte hearing shall be filed no later than 12 noon on the date of the ex parte hearing at the family law clerk’s window.
Proposed or draft document; may not be in force
Page 26 | 5.0.B. EX PARTE APPLICATIONS (FAMILY LAW/DOMESTIC VIOLENCE)
Copies of an evaluator’s written withdrawal request must be mailed to counsel or, if a party is unrepresented, to that party.
Evaluators may petition to withdraw from a case by submitting a request in writing to the court and mailing copies to counsel for the parties, or to the parties if they are unrepresented.
Proposed or draft document; may not be in force
Page 29 | 5.2 B. Court-Ordered Evaluations
The Investigator must receive a subpoena at least five court days before the hearing or trial unless good cause is shown.
The Investigator must receive a subpoena at least five (5) court days prior to the hearing or trial, unless good cause is shown.
Proposed or draft document; may not be in force
Page 31 | F. TESTIMONY OF INVESTIGATOR
For same-day mediations requested on the day of a court appearance, any resulting Child Custody Recommendation report must be provided to the Court, counsel, and litigants before the hearing begins.
For “Same Day Mediations,” where the parties have requested mediation on the same day as any court appearance, any resulting Child Custody Recommendation report generated by the Counselor shall be provided to the Court, counsel and the litigants, prior to the commencement of the hearing.
Proposed or draft document; may not be in force
Page 31 | D. INVESTIGATION REPORT/CONFIDENTIALITY
Partial investigation reports must be provided to the parties at the time designated by the Court.
Partial investigation reports shall be provided to the parties at the time designated by the Court.
Proposed or draft document; may not be in force
Page 31 | D. INVESTIGATION REPORT/CONFIDENTIALITY
Both parties must serve the required contested-trial materials at least five court days before the trial or long-cause date.
Where a matter is set for contested trial/hearing, either short or long cause, both parties shall file and serve at least five (5) court days prior to the trial/long cause date, the following:
Proposed or draft document; may not be in force
Page 32 | 5.8 CONTESTED TRIALS
If the petition is filed in a dissolution proceeding, a summons on joinder must be served.
Pursuant to CRC, rule 5.24, a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding.
Proposed or draft document; may not be in force
Page 34 | 5.10 STEPPARENT VISITATION
If the petition is filed in a dissolution proceeding, a summons on joinder must be served.
Pursuant to CRC, rule 5.24, a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding.
Proposed or draft document; may not be in force
Page 34 | 5.11 GRANDPARENT VISITATION
A declaration giving notice may be filed and served on all parties.
Notice may be given by the filing and service on all parties of a declaration.
Proposed or draft document; may not be in force
Page 39 | Procedures for Informing the Court of the Interest of a Dependent Child
A notice filed by someone other than the child’s attorney must be served on the child’s attorney; if the child is unrepresented, the notice must say so.
If the person filing the notice is not the attorney for the child, a copy of the notice shall be served on the attorney for the child, or, if the child is unrepresented, the notice shall so state.
Proposed or draft document; may not be in force
Page 39 | Procedures for Informing the Court of the Interest of a Dependent Child
Witness lists must be provided to all counsel at least 48 hours before the hearing.
Witness lists shall be filed with the court and provided to all counsel at least 48 hours prior to the hearing.
Proposed or draft document; may not be in force
Page 40 | 7.1 Contested Matters: Timeline and Procedures — Presentation of Evidence
Responsive papers must be served two court days before the hearing.
Any responsive papers shall be filed and served two (2) court days prior to the hearing.
Proposed or draft document; may not be in force
Page 40 | 7.1 Contested Matters: Timeline and Procedures — Pre-Hearing Discovery
Each party must provide all counsel the names of its experts and copies of their reports at least ten calendar days before the hearing.
The names of experts to be called by any party and copies of their reports shall be provided to all counsel at least ten (10) calendar days before the hearing.
Proposed or draft document; may not be in force
Page 40 | 7.1 Contested Matters: Timeline and Procedures — Presentation of Evidence
A pre-hearing discovery motion must be served on all parties at least five court days before the hearing.
A discovery motion under this Rule shall be filed and served on all parties at least five (5) court days before the hearing.
Proposed or draft document; may not be in force
Page 40 | 7.1 Contested Matters: Timeline and Procedures — Pre-Hearing Discovery
Attorneys awaiting a ruling on an exemption request receive paper service, and self-represented parties, non-parties, and excused attorneys must be served conventionally.
An attorney who files and serves a Request for Exemption from Mandatory Electronic Filing and Service shall be served with documents in paper form until the Court rules on the Request for Exemption. Self-represented parties, non-parties, and attorneys excused from electronic filing must be served conventionally.
Proposed or draft document; may not be in force
Page 46 | 9.B. MANDATORY ELECTRONIC FILING AND SERVICE
A party manually filing an excepted document or exhibit must serve the Notice of Manual Filing.
A party manually filing such a document or exhibit shall file electronically and serve a Notice of Manual Filing specifically describing the document or exhibit, and setting forth the reason the document or exhibit cannot be filed electronically.
Proposed or draft document; may not be in force
Page 47 | H. DOCUMENTS EXCEPTED/EXCUSED FROM ELECTRONIC FILING
A party must serve a Notice of Change of Address on all other parties or their attorneys of record when the party’s electronic notification address changes.
A party whose electronic notification address changes while the action or proceeding is pending must promptly file a Notice of Change of Address with the court electronically and must serve this notice on all other parties or their attorneys of record.
Proposed or draft document; may not be in force
Page 47 | I. OBLIGATION TO KEEP INFORMATION CURRENT
One court day’s notice is required for a remote appearance.
One court day notice shall be given.
Proposed or draft document; may not be in force
Page 48 | 10.0 REMOTE APPEARANCE
Filing Fees and Waivers
A $20 fee must accompany a stipulation and order when presented or the documents will not be processed.
The fee for filing a stipulation and order, regardless of the title of said document, is $20. Unless such fee accompanies the document(s) when presented, the documents will not be processed.
Proposed or draft document; may not be in force
Page 14 | Chapter 2. General, 2.1 Payment of Filing Fees, C. Stipulation and Order
Pursuant to CCP § 411.20 regarding a check which is returned without payment, the payor shall pay, in addition to reimbursement for the returned check, $25 insufficient check charge to Superior Court of California, County of Yuba in cash or cashier's check. If both the reimbursement and the insufficient check charge are not paid within said time limit, any papers covered by the returned check will be stricken from the Court's record.
Pursuant to CCP § 411.20 regarding a check which is returned without payment, the payor shall pay, in addition to reimbursement for the returned check, $25 insufficient check charge to Superior Court of California, County of Yuba in cash or cashier's check. If both the reimbursement and the insufficient check charge are not paid within said time limit, any papers covered by the returned check will be stricken from the Court's record.
Proposed or draft document; may not be in force
Page 14 | Chapter 2. General, 2.1 Payment of Filing Fees, D. Returned Checks
A 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.
Documents shall not be filed, received, or forwarded to the Judge for review unless the full, correct filing fee, or an approved application for waiver of fees, accompanies such document.
Proposed or draft document; may not be in force
Page 14 | Chapter 2. General, 2.1 Payment of Filing Fees
A party requesting continuance of any calendared event must pay a $20 fee when making the request; if it remains unpaid before the continued event, the event is removed from the calendar and may be reset only by refiling all moving papers.
The fee for continuance of any calendared event, which is continued at the request of a party, is $20. This fee is payable at the time the request is made, whether orally or in writing. If the request is made orally in open court, the Clerk's minutes shall reflect who made the request and whether the $20 fee was paid. If the $20 fee is not paid prior to the date of the continued event, the event will be dropped from the calendar, to be reset only upon the re-filing of all moving papers.
Proposed or draft document; may not be in force
Page 15 | 2.3(A)(3) FEE FOR CONTINUANCE OF CALENDARED EVENT
The court will not accept partial payment or collect the balance from another party; the full $20 is due immediately when the continuance is requested.
Superior Court of California, County of Yuba will not accept a portion of the $20 nor be responsible for collecting the balance from the other party. The entire $20 is due immediately upon the request being made.
Proposed or draft document; may not be in force
Page 16 | 2.3(A)(3) FEE FOR CONTINUANCE OF CALENDARED EVENT
The ex parte application processing fee is $40 when no hearing is required and $60 when a hearing is required; the fee must accompany the moving documents in addition to any other applicable filing fees.
The fee for processing an ex parte application is $40, if no hearing required $60 if hearing is re- quired, which fee shall accompany the moving documents in addition to any other filing fee, which may be due (i.e., first paper filing, motion fee, etc.)
Proposed or draft document; may not be in force
Page 16 | 2.3(B)(2) FILING FEE
The court accepts credit card payment in accordance with CRC 2.304(e).
The court accepts payment by credit card in accordance with CRC 2.304 (e).
Proposed or draft document; may not be in force
Page 17 | 2.5 B. FAX FILING FEE
If a charge is rejected under CCP 411.20, the payor must pay an additional $25 by cash, cashier’s check, or credit card.
If the charge is rejected in accordance with CCP 411.20 the payor shall pay, in addition to the applicable filing fee(s), $25 charge payable to the Superior Court of California, County of Yuba in cash or cashier’s check or by credit card.
Proposed or draft document; may not be in force
Page 17 | 2.5 B. FAX FILING FEE
The filing fee for a Petition to Establish Fact of Marriage is $435.
The filing fee is $435.
Proposed or draft document; may not be in force
Page 17 | 2.4 B. PETITION TO ESTABLISH FACT OF MARRIAGE
Fax filing fees must be paid by the business day after the fax is transmitted.
The fax filing fees must be paid no later than the business day after the transmission of the fax filing.
Proposed or draft document; may not be in force
Page 17 | 2.5 B. FAX FILING FEE
Fax filings incur a $20 filing fee plus $0.50 per page, in addition to any other required filing fee.
The filing fee of facsimile filings is $20, plus $.50 per page, in addition to any other filing fee required (i.e., motion fee.)
Proposed or draft document; may not be in force
Page 17 | 2.5 B. FAX FILING FEE
A $50 fee is due and payable to the Superior Court, State of California, County of Yuba.
A $50 fee is due and payable to the Superior Court State of California, County of Yuba.
Proposed or draft document; may not be in force
Page 19 | 2.12 ELISORS
A $20 continuance fee must be paid to the Court Clerk’s office when the continuance is filed.
A continuance fee of $20 shall be paid to the Court Clerk’s office at the time of filing.
Proposed or draft document; may not be in force
Page 34 | 5.9 CONTINUANCES
Filing a stipulation and order costs $20, which must accompany the documents when presented for processing.
The fee for filing a stipulation and order, regardless of the title of said document, is $20. Unless such fee accompanies the document(s) when presented, the documents will not be processed.
Proposed or draft document; may not be in force
Page 14 | 2.1 PAYMENT OF FILING FEES — C. STIPULATION AND ORDER
Documents require the full, correct filing fee or an approved fee-waiver application to be filed, received, or forwarded for judicial review.
Documents shall not be filed, received, or forwarded to the Judge for review unless the full, correct filing fee, or an approved application for waiver of fees, accompanies such document.
Proposed or draft document; may not be in force
Page 14 | 2.1 PAYMENT OF FILING FEES
Pursuant to CCP § 411.20 regarding a check which is returned without payment, the payor shall pay, in addition to reimbursement for the returned check, $25 insufficient check charge to Superior Court of California, County of Yuba in cash or cashier's check. If both the reimbursement and the insufficient check charge are not paid within said time limit, any papers covered by the returned check will be stricken from the Court's record.
Pursuant to CCP § 411.20 regarding a check which is returned without payment, the payor shall pay, in addition to reimbursement for the returned check, $25 insufficient check charge to Superior Court of California, County of Yuba in cash or cashier's check. If both the reimbursement and the insufficient check charge are not paid within said time limit, any papers covered by the returned check will be stricken from the Court's record.
Proposed or draft document; may not be in force
Page 14 | 2.1 PAYMENT OF FILING FEES — D. RETURNED CHECKS
A party requesting a continuance of any calendared event must pay a $20 fee when making the request, whether orally or in writing.
The fee for continuance of any calendared event, which is continued at the request of a party, is $20. This fee is payable at the time the request is made, whether orally or in writing.
Proposed or draft document; may not be in force
Page 15 | 2.3 CALENDARED MATTERS — FEE FOR CONTINUANCE OF CALENDARED EVENT
If the $20 continuance fee is not paid before the continued event, that event is dropped and may be reset only by refiling all moving papers.
If the $20 fee is not paid prior to the date of the continued event, the event will be dropped from the calendar, to be reset only upon the re-filing of all moving papers.
Proposed or draft document; may not be in force
Page 15 | 2.3 CALENDARED MATTERS — FEE FOR CONTINUANCE OF CALENDARED EVENT
The processing fee is $40 when no hearing is required and $60 when a hearing is required; the fee must accompany the moving documents in addition to any other applicable filing fee.
The fee for processing an ex parte application is $40, if no hearing required $60 if hearing is re- quired, which fee shall accompany the moving documents in addition to any other filing fee, which may be due (i.e., first paper filing, motion fee, etc.)
Proposed or draft document; may not be in force
Page 16 | 2.3 CALENDARED MATTERS — EX PARTE APPLICATION/ORDER
The entire $20 continuance fee is due immediately when the request is made.
The entire $20 is due immediately upon the request being made.
Proposed or draft document; may not be in force
Page 16 | 2.3 CALENDARED MATTERS — FEE FOR CONTINUANCE OF CALENDARED EVENT
If a charge is rejected under CCP 411.20, the payor must pay an additional $25 by cash, cashier’s check, or credit card, and no papers will be filed until the applicable fees and the $25 are received.
If the charge is rejected in accordance with CCP 411.20 the payor shall pay, in addition to the applicable filing fee(s), $25 charge payable to the Superior Court of California, County of Yuba in cash or cashier’s check or by credit card. No papers will be filed until the fees and $25 have been received by the court.
Proposed or draft document; may not be in force
Page 17 | 2.5(B) FAX FILING FEE
The filing fee for a Petition to Establish Fact of Marriage is $435.
The filing fee is $435.
Proposed or draft document; may not be in force
Page 17 | 2.4(B) PETITION TO ESTABLISH FACT OF MARRIAGE
Courtesy Copy Requirements
A courtesy copy of each e-filed document exceeding 10 pages and filed in connection with a law and motion matter must be submitted to the court within one court day after filing.
A Courtesy copy of all e-filed documents filed in connection with a law and motion matter in excess of 10 pages shall be submitted to the court within one court day after filing.
Proposed or draft document; may not be in force
Page 14 | Chapter 2. General, 2.0 Papers, E. Courtesy Copies
A courtesy copy of a family law trial brief must be provided to the trial judge.
Trial briefs must be filed five (5) court days prior to the trial/hearing date, with a courtesy copy provided for the trial judge.
Proposed or draft document; may not be in force
Page 15 | 2.2(A)(3) FAMILY LAW
The Court must receive a courtesy copy of the ex parte request and all supporting documents by 2:00 p.m. on the day before the hearing.
A courtesy copy of the ex parte request and all supporting documentation shall be provided to the Court by 2:00 p.m. on the day prior to the scheduled hearing.
Proposed or draft document; may not be in force
Page 16 | 2.3(B)(1) SUBMITTING PLEADINGS AND/OR SCHEDULING HEARINGS
In California Environmental Quality Act actions and all other writ proceedings, courtesy copies of all briefs must be lodged with the clerk when the briefs are filed.
In actions under California Environmental Quality Act and all other writ proceedings, courtesy copies of all briefs shall be lodged with the clerk at the same time as filing thereof.
Proposed or draft document; may not be in force
Page 22 | 3.7 Courtesy Copies in Writ Proceedings
A courtesy copy of the ex parte request and all supporting documentation must be provided to the family law window clerk by 10:00 a.m. on the hearing date.
A courtesy copy of the ex parte request and all supporting documentation shall be provided to the family law window clerk no later than 10:00 a.m. on the date of the scheduled hearing.
Proposed or draft document; may not be in force
Page 26 | 5.0.B. EX PARTE APPLICATIONS (FAMILY LAW/DOMESTIC VIOLENCE)
A courtesy copy of each e-filed document over 10 pages filed in connection with a law and motion matter must be submitted to the court within one court day after filing.
A Courtesy copy of all e-filed documents filed in connection with a law and motion matter in excess of 10 pages shall be submitted to the court within one court day after filing.
Proposed or draft document; may not be in force
Page 14 | 2.1 PAYMENT OF FILING FEES — E. COURTESY COPIES
A courtesy copy of family law trial briefs must be provided to the trial judge.
Trial briefs must be filed five (5) court days prior to the trial/hearing date, with a courtesy copy provided for the trial judge.
Proposed or draft document; may not be in force
Page 15 | 2.2 TIME FOR FILING PAPERS — FAMILY LAW
A courtesy copy of the ex parte request and all supporting documentation must be provided to the Court by 2:00 p.m. on the day before the hearing.
A courtesy copy of the ex parte request and all supporting documentation shall be provided to the Court by 2:00 p.m. on the day prior to the scheduled hearing.
Proposed or draft document; may not be in force
Page 16 | 2.3 CALENDARED MATTERS — EX PARTE APPLICATION/ORDER
In CEQA actions and all other writ proceedings, courtesy copies of all briefs must be lodged with the clerk when the briefs are filed.
In actions under California Environmental Quality Act and all other writ proceedings, courtesy copies of all briefs shall be lodged with the clerk at the same time as filing thereof.
Proposed or draft document; may not be in force
Page 22 | 3.7 Courtesy Copies in Writ Proceedings
A courtesy copy of the ex parte request and all supporting documentation must be provided to the family law window clerk by 10:00 a.m. on the hearing date.
A courtesy copy of the ex parte request and all supporting documentation shall be provided to the family law window clerk no later than 10:00 a.m. on the date of the scheduled hearing.
Proposed or draft document; may not be in force
Page 26 | 5.0(B)(5) EX PARTE APPLICATIONS (FAMILY LAW/DOMESTIC VIOLENCE)
Sealing & Redaction Procedures
Investigation reports and recommendations must be written and distributed to the Court and parties or counsel, may not be distributed to minor children absent good cause, may be used only in the legal proceedings, and must be placed in the confidential portion of the Court file after the hearing or settlement.
All Child Custody Investigation reports and Child Custody Recommendations of the Counselor shall be in writing and shall be admissible into evidence subject to cross-examination and motions to strike. The report shall be distributed to the Court and the parties or their counsel of record, and shall not be distributed to minor children, except upon a showing of good cause. The report and information contained in the report shall be used only in the legal proceedings and for no other purpose. Upon completion of the hearing or upon settlement of the matter, all reports shall be placed in the confidential portion of the Court file.
Proposed or draft document; may not be in force
Page 31 | D. INVESTIGATION REPORT/CONFIDENTIALITY
Counsel and parties must redact personal identifiers and privileged or confidential information; the Clerk does not review documents for compliance.
Counsel and parties are solely responsible for redacting personal identifiers and privileged and/or confidential information. The Clerk will not review documents for compliance.
Proposed or draft document; may not be in force
Page 46 | 9.G. REDACTION OF CONFIDENTIAL AND PERSONAL INFORMATION
Custody and visitation reports are confidential, access is limited, copying and disclosure to the subject child are prohibited, and reports must be placed in the confidential portion of the Court file after the hearing or settlement.
In any proceeding involving custody or visitation of minor children, any written report or recommendation from the Counselor, an investigator, or any person appointed by the Court to render a report shall be con- fidential and unavailable to any persons except the Court and court staff, the parties or attorney(s) of record for parties, and any persons to whom the Court expressly grants access by written order made with prior notice to all parties. No person who has access to a report shall make copies of it nor disclose its contents to any child who is the subject of the report. Upon completion of the hearing or upon settlement of the matter, all reports shall be placed in the confi- dential portion of the Court file.
Proposed or draft document; may not be in force
Page 29 | M. CONFIDENTIALITY OF REPORT
Counsel and parties must redact personal identifiers and privileged or confidential information, and the Clerk will not check compliance.
Counsel and parties are solely responsible for redacting personal identifiers and privileged and/or confidential information. The Clerk will not review documents for compliance.
Proposed or draft document; may not be in force
Page 46 | CHAPTER 9. ELECTRONIC FILING AND SERVICE — G. REDACTION OF CONFIDENTIAL AND PERSONAL INFORMATION
The Court will strike unnecessary personal information from pleadings, and the clerk may refuse to file a document containing personal information unless it is redacted first.
The Court will strike from the record any personal information submitted by any litigant, or counsel, that is unnecessarily contained in the pleadings, and the clerk, if such information is noted before the document is filed, may refuse to file any document containing personal information unless it is first redacted.
Page 6 | 4. Responding to Immigration Enforcement Activities — Collection and Dissemination of Personal Information
Filing Bundling Requirements
The parties must lodge the jury instructions jointly.
The parties will lodge joint jury instructions five (5) court days prior to the trial date or at such other time as the court may order.
Proposed or draft document; may not be in force
Page 15 | 2.2 TIME FOR FILING PAPERS — CIVIL JURY TRIALS
Pre-Motion Conference Requirements
Counsel in cases set for a long cause hearing or trial must meet and confer in good faith with their clients present or immediately available, exchange relevant documents, and attempt to resolve all issues; good cause may excuse document exchange.
No case set for long cause hearing or trial in the Family Law Department will be heard unless and until counsel, with their respective clients either physically present or immediately physically available, have met and conferred in a good faith effort to resolve all issues. All relevant documents shall be exchanged by counsel while conferring, absent good cause to the contrary.
Proposed or draft document; may not be in force
Page 26 | 5.0.E. MEET AND CONFER REQUIREMENT
Counsel must meet and confer in good faith to resolve or narrow disputed issues before a discovery-motion hearing.
Counsel shall meet and confer before the hearing of any discovery motion in a good faith effort to resolve or narrow the disputed issues.
Proposed or draft document; may not be in force
Page 36 | 6.1 DISCOVERY
Discovery motions must focus on specific items that remain disputed after informal requests have been presented.
Motions for discovery shall be focused upon specific items, which remain in dispute after presentation of informal requests.
Proposed or draft document; may not be in force
Page 36 | 6.1 DISCOVERY
Before seeking court enforcement of required criminal discovery disclosures, a party must informally request the materials and information from opposing counsel; failure to do so may result in denial of a discovery motion.
Before a party may seek court enforcement of any of the disclosures required by law, the party shall make an informal request of opposing counsel for the desired materials and information in the manner required by Penal Code section 1054.5(b). Failure to make such request shall be grounds for denial of a discovery motion.
Proposed or draft document; may not be in force
Page 36 | 6.1 DISCOVERY
Before filing a pre-hearing discovery motion, all parties must meet and confer in good faith, and a party may seek discovery by motion only after informal means are exhausted.
All parties shall meet and confer in good faith on any and all discovery issues prior to filing a pre-hearing discovery motion. Only after all informal means have been eliminated may a party petition the court for discovery by way of motion pursuant to CRC 5.546(f).
Proposed or draft document; may not be in force
Page 40 | 7.1 Contested Matters: Timeline and Procedures — Pre-Hearing Discovery
Before seeking court enforcement of required disclosures, a party must informally request the materials and information from opposing counsel; failure to do so may warrant denial of a discovery motion, and written requests are recommended.
Before a party may seek court enforcement of any of the disclosures required by law, the party shall make an informal request of opposing counsel for the desired materials and information in the manner required by Penal Code section 1054.5(b). Failure to make such request shall be grounds for denial of a discovery motion. Informal requests should be presented to opposing counsel in writing.
Proposed or draft document; may not be in force
Page 36 | 6.1 DISCOVERY
Counsel must meet and confer in good faith to resolve or narrow disputed issues before a discovery motion hearing.
Counsel shall meet and confer before the hearing of any discovery motion in a good faith effort to resolve or narrow the disputed issues.
Proposed or draft document; may not be in force
Page 36 | 6.1 DISCOVERY
Boilerplate discovery motions are disfavored.
“Boilerplate” discovery motions are disfavored.
Proposed or draft document; may not be in force
Page 36 | 6.1 DISCOVERY
Informal discovery requests to opposing counsel are recommended to be made in writing.
Informal requests should be presented to opposing counsel in writing.
Proposed or draft document; may not be in force
Page 36 | 6.1 DISCOVERY
Adjournment & Extension Requirements
A Law and Motion matter may not be continued more than twice without prior leave of court.
No law and motion matter will be continued more than twice without leave of court first obtained.
Proposed or draft document; may not be in force
Page 15 | 2.3(A)(2) LAW AND MOTION MATTERS
A continuance requested fewer than five court days before the hearing will not be granted absent good cause.
No continuance will be granted if requested less than five (5) court days prior to the date set for hearing absent a showing of good cause.
Proposed or draft document; may not be in force
Page 15 | 2.3(A)(2) LAW AND MOTION MATTERS
Continuance requests for settlement conferences, case management conferences, or trials must include supporting declarations and the proper filing fee, whether contested or uncontested.
Requests for continuances of settlement conferences, case management conferences, or trials, whether contested or uncontested, are to be requested with supporting declarations and proper filing fee.
Proposed or draft document; may not be in force
Page 15 | 2.3(A)(1) CONTINUANCES
A Law and Motion continuance may be requested by a filed written stipulation or by oral agreement followed by written notice with proof of service filed before the hearing date and time.
Requests for continuances of Law and Motion matters shall be made as follows: a. By written stipulation of the parties or counsel filed with the Court; or b. By oral agreement of the parties, provided the requesting party files with the Court, prior to the date and time set for the hearing, written notification with proof of service to opposing party/counsel.
Proposed or draft document; may not be in force
Page 15 | 2.3(A)(2) LAW AND MOTION MATTERS
The Clerk sets a conservatorship petition for hearing and issues the citation upon presentation; incomplete citation service on the return date cannot be perfected by continuance.
When a petition is filed, the Clerk shall set the same for hearing and upon presentation, issue the citation. If service of the citation is incomplete on the return date, it cannot be perfected by continuance and
Proposed or draft document; may not be in force
Page 24 | Chapter 4. Probate — 4.3 Conservatorships, B. Placing Petition on Calendar
A stipulated family-law continuance must be submitted at least two court days before the scheduled trial or hearing using YCSC FL12069, for a court order approving or denying it.
Continuances for Family law by stipulation shall be submitted at least two court days prior to the scheduled Court trial/hearing (YCSC FL12069) submitted to the Court for its Order approving or denying the continu- ance. A continuance
Proposed or draft document; may not be in force
Page 34 | 5.9 CONTINUANCES
A continuance, even by party stipulation, requires Court approval for good cause, and compliance with Penal Code section 1050 is required unless the Court excuses it.
No matters will be continued, even by stipulation of the parties, except with the approval of the Court for good cause shown. Compliance with PnC § 1050 is required unless excused by the Court.
Proposed or draft document; may not be in force
Page 36 | 6.2 CONTINUANCES
Continuance requests must be written unless the court waives that requirement for good cause, and a continuance or time waiver is granted only upon a showing of good cause.
Requests for contin- uances shall be in writing unless waived by the court for good cause. Time waivers will be accepted and continuance granted only on a showing of good cause.
Proposed or draft document; may not be in force
Page 40 | Timelines
A continuance requested fewer than five court days before the hearing will not be granted absent good cause.
d. No continuance will be granted if requested less than five (5) court days prior to the date set for hearing absent a showing of good cause.
Proposed or draft document; may not be in force
Page 15 | 2.3 CALENDARED MATTERS — LAW AND MOTION MATTERS
A law and motion matter may not be continued more than twice without first obtaining leave of court.
c. No law and motion matter will be continued more than twice without leave of court first obtained.
Proposed or draft document; may not be in force
Page 15 | 2.3 CALENDARED MATTERS — LAW AND MOTION MATTERS
Law and motion continuances may be requested by a filed written stipulation or oral agreement accompanied by written notice and proof of service filed before the hearing date and time.
a. By written stipulation of the parties or counsel filed with the Court; or b. By oral agreement of the parties, provided the requesting party files with the Court, prior to the date and time set for the hearing, written notification with proof of service to opposing party/counsel.
Proposed or draft document; may not be in force
Page 15 | 2.3 CALENDARED MATTERS — LAW AND MOTION MATTERS
Requests to continue settlement conferences, case management conferences, or trials must include supporting declarations and the proper filing fee, whether contested or uncontested.
Requests for continuances of settlement conferences, case management conferences, or trials, whether contested or uncontested, are to be requested with supporting declarations and proper filing fee.
Proposed or draft document; may not be in force
Page 15 | 2.3 CALENDARED MATTERS — CONTINUANCES
Incomplete service of a citation on the return date cannot be perfected by continuance.
If service of the citation is incomplete on the return date, it cannot be perfected by continuance and
Proposed or draft document; may not be in force
Page 24 | CHAPTER 4. PROBATE — 4.3 CONSERVATORSHIPS — B. PLACING PETITION ON CALENDAR
A stipulated family-law continuance must be submitted to the court for approval or denial at least two court days before the scheduled court trial or hearing, using YCSC FL12069.
Continuances for Family law by stipulation shall be submitted at least two court days prior to the scheduled Court trial/hearing (YCSC FL12069) submitted to the Court for its Order approving or denying the continu- ance. A continuance
Proposed or draft document; may not be in force
Page 34 | 5.9 CONTINUANCES
A continuance, including one stipulated to by the parties, requires Court approval for good cause, and compliance with Penal Code section 1050 is required unless the Court excuses it.
No matters will be continued, even by stipulation of the parties, except with the approval of the Court for good cause shown. Compliance with PnC § 1050 is required unless excused by the Court.
Proposed or draft document; may not be in force
Page 36 | 6.2 CONTINUANCES
A motion for continuance must be heard by the department or judge assigned to the case.
Motions for continuance shall be heard by the Department or Judge assigned to the case.
Proposed or draft document; may not be in force
Page 15 | 2.3(A)(1) CONTINUANCES
If a Social Study Report is not timely filed or made available to counsel, an affected party or the court may request a continuance to the extent permitted by law.
If the Social Study Report is not timely filed or made available to all counsel, then any affected party or the court may request a continuance of the hearing to the extent permitted by law.
Proposed or draft document; may not be in force
Page 40 | 7.1 Contested Matters: Timeline and Procedures — Presentation of Evidence
A motion to continue must be heard by the Department or Judge assigned to the case.
Motions for continuance shall be heard by the Department or Judge assigned to the case.
Proposed or draft document; may not be in force
Page 15 | 2.3 CALENDARED MATTERS — CONTINUANCES
Chambers Communication Rules
Except when no personal appearance is required under CRC Rule 3.1207, the ex parte applicant or counsel must call the judicial secretary to arrange an application-presentation appointment no later than the time set for notice to the opposing party.
Except for matters for which no personal appearance is required per CRC, Rule 3.1207, the ex parte applicant, or his or her counsel shall contact the judicial sec- retary, (530) 740-1800, option 8 to arrange an appointment for presentation of the application no later than the time set for notice to the opposing party.
Proposed or draft document; may not be in force
Page 16 | 2.3(B)(1) SUBMITTING PLEADINGS AND/OR SCHEDULING HEARINGS
The applicant or counsel must contact the family law window clerk to arrange an appointment by the time notice to the opposing party is due.
The ex-parte applicant, or his or her counsel shall contact the family law window clerk to arrange an appointment for presentation of the application no later than the time set for notice to the opposing party.
Proposed or draft document; may not be in force
Page 26 | 5.0.B. EX PARTE APPLICATIONS (FAMILY LAW/DOMESTIC VIOLENCE)
Unless the parties stipulate otherwise, attorneys may not communicate ex parte with the evaluator except to schedule appointments.
In the absence of a stipulation, ex parte communications by the attorneys with the evaluator are prohibited, except to schedule appointments.
Proposed or draft document; may not be in force
Page 30 | 5.2 B.7.a. Ex parte Communication
After the first appointment, neither a party nor a party’s attorney may initiate one-sided contact with the evaluator.
After the first appointment, no party or attorney for a party may initiate one-sided contact with the evaluator.
Proposed or draft document; may not be in force
Page 30 | 5.2 B.7.a. Ex parte Communication
Once 72 hours have elapsed from receipt, unsolicited comments may be presented only through a conference call involving all parties.
After 72 hours from receipt has elapsed, unsolicited comments may only be presented by the scheduling of a conference call involving all parties.
Proposed or draft document; may not be in force
Page 30 | 5.2 B.7.b. Ex parte Communication
Before providing the evaluator case documents or unsolicited comments, counsel must provide copies to the other side and any minor’s counsel at least 72 hours in advance, plus five additional days for mailing, to allow objections.
An attorney for a party or minor’s counsel must not provide the evaluator with documents or unsolicited comments pertaining to the case, without first provid- ing the other side and minor’s counsel, if any, with a copy of those documents at least 72 hours in advance, plus an additional five (5) days for mailing so that any objections to submission may be addressed.
Proposed or draft document; may not be in force
Page 30 | 5.2 B.7.b. Ex parte Communication
The hearing date for a pre-hearing discovery motion must be obtained from the Court Clerk, Juvenile Division.
The date for the hearing shall be obtained from the Court Clerk, Juvenile Division.
Proposed or draft document; may not be in force
Page 40 | 7.1 Contested Matters: Timeline and Procedures — Pre-Hearing Discovery
Except when no personal appearance is required under CRC Rule 3.1207, the ex parte applicant or counsel must call the judicial secretary to arrange an application presentation appointment no later than the time set for notice to the opposing party.
Except for matters for which no personal appearance is required per CRC, Rule 3.1207, the ex parte applicant, or his or her counsel shall contact the judicial sec- retary, (530) 740-1800, option 8 to arrange an appointment for presentation of the application no later than the time set for notice to the opposing party.
Proposed or draft document; may not be in force
Page 16 | 2.3 CALENDARED MATTERS — EX PARTE APPLICATION/ORDER
The applicant or counsel must contact the family law window clerk to arrange an application appointment by the time set for notice to the opposing party.
The ex-parte applicant, or his or her counsel shall contact the family law window clerk to ar- range an appointment for presentation of the application no later than the time set for notice to the opposing party.
Proposed or draft document; may not be in force
Page 26 | 5.0(B)(2) EX PARTE APPLICATIONS (FAMILY LAW/DOMESTIC VIOLENCE)
For help with electronic filing, filers should contact their electronic filing service provider.
For assistance with electronically filing documents, please contact your Electronic Filing service provider.
Page 2 | Questions
Questions about the electronic filing requirements or a specific case may be directed to the court by phone at (530) 740-1800, Monday through Friday from 10:00 AM to 3:00 PM.
For questions regarding these electronic filing requirements or for case‐specific questions, please contact the court during normal phone hours1 at (530) 740‐1800. 1 As of July 1, 2018, the court’s normal phone hours are Monday‐Friday, 10:00 AM to 3:00 PM.
Page 2 | Questions
The evaluator may communicate ex parte with the Family Court Services Director to obtain specified case materials and necessary addresses.
The evaluator may initiate an ex parte communication with the Family Court Services Director to obtain copies of the court file, any previous reports, or investigations, and to obtain necessary addresses.
Proposed or draft document; may not be in force
Page 30 | 5.2 B.7.c. Ex parte Communication
The evaluator is permitted to contact the parties at any time.
The evaluator may contact the parties at any time.
Proposed or draft document; may not be in force
Page 30 | 5.2 B.7.a. Ex parte Communication
Assistance with remote appearances is available by telephone at (530)740-1817.
Pursuant to Family Code 6308 and Penal Code 18123 the telephone number for assistance with remote appearances is (530)740-1817.
Proposed or draft document; may not be in force
Page 48 | 10.1 TELEPHONE NUMBER
The remote-appearance assistance number is staffed 30 minutes before hearings and during the specified domestic violence hearings.
The number shall be staffed 30 minutes prior to the hearing and during all domestic violence hearings which are heard Tuesday through Friday at 1:30 p.m. and Thursday at 8:30 a.m.
Proposed or draft document; may not be in force
Page 48 | 10.1 TELEPHONE NUMBER