Professional Documents
Culture Documents
SUPERIOR COURT
OF
CALIFORNIA
COUNTY OF VENTURA
________________________________
RULES OF THE
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
JUDGES OF THE SUPERIOR COURT:
MICHAEL D. PLANET
Executive Officer and Clerk
Superior Court of California
County of Ventura
BOB BROOKS
Sheriff
Court Security
TABLE OF CONTENTS
Revised effective July 1, 2010
RULE PAGE
CHAPTER 1
COURT RULES ADMINISTRATION
1.00 ADOPTION AND AMENDMENT OF RULES (Revised effective January 1, 1999) ............................. 1
1.01 PUBLICATION AND PRINTING OF RULES (Revised effective July 1, 2005) ................................... 1
1.02 EFFECTIVE DATE OF RULES (Revised effective July 1, 2010) .......................................................... 1
CHAPTER 2
COURT ORGANIZATION, ADMINISTRATION AND PERSONNEL
CHAPTER 3
COURT CALENDARS, CASE MANAGEMENT, AND DELAY REDUCTION
3.00 CIVIL CASE DELAY REDUCTION (Revised effective January 1, 2007) ............................................. 4
3.01 CASES EXEMPT FROM CIVIL CASE MANAGEMENT (Deleted effective July 1, 2003)................. 4
3.02 DIFFERENTIATED CASE MANAGEMENT (Revised effective July 1, 2000) .................................... 4
3.03 TRACKING CASES (Revised effective July 1, 1999) ............................................................................ 4
3.04 UNLAWFUL DETAINER (Effective January 1, 1997) ......................................................................... 4
3.05 EXPEDITED CASES (Deleted effective July 1, 2000)............................................................................ 4
3.06 ECONOMIC LITIGATION TRACK FOR LIMITED CIVIL CASES
(CCP 90 et seq.) (Deleted effective July 1, 2004) .................................................................................... 4
3.07 SUPERIOR COURT STANDARD CASES (Revised effective July 1, 2004) ........................................ 4
3.08 COMPLEX CASES (Revised effective January 1, 2007) ......................................................................... 4
3.09 UNINSURED MOTORIST CASES (Revised effective July 1, 2005)..................................................... 5
3.10 CIVIL CASE INFORMATION SHEET (Deleted effective January 1, 2008). ......................................... 5
3.11 CASE MANAGEMENT CONFERENCES (Deleted effective July 1, 2003) ......................................... 5
iv Ventura County Superior Court Rules
CHAPTER 4
COURT PLEADINGS, FORMS AND DOCUMENT FORMAT
CHAPTER 5
COURT FILES AND EXHIBITS
CHAPTER 6
TRIAL CONTROL CALENDAR PROCEDURES
6.00 DUTY OF COUNSEL AS TO TRIAL DATE ASSIGNED (Effective January 1, 1997) ...................... 9
6.01 SETTLEMENT CONFERENCE STATEMENTS (Deleted effective January 1, 2000)........................... 9
6.02 CALENDARS (Effective January 1, 1997)............................................................................................. 9
6.03 JUDICIAL ARBITRATION (Revised effective January 1, 2009) ............................................................ 9
6.04 ARBITRATION DELAY (Revised effective January 1, 2007) ................................................................ 10
6.05 TELEPHONIC APPEARANCES-TRIAL CONTROL
CALENDARS (Deleted effective January 1, 1999) .................................................................................. 10
6.06 MANDATORY ARBITRATION STATEMENT (Revised effective July 1, 2002) ................................ 10
6.07 CASES EXCLUDED FROM ARBITRATION (Effective January 1, 1997) ......................................... 10
6.08 SERVICEMEMBERS CIVIL RELIEF ACT (Revised effective January 1, 2007) ................................... 10
CHAPTER 7
TELEPHONIC APPEARANCES
CHAPTER 8
CIVIL LAW AND MOTION HEARINGS CALENDAR PROCEDURES
(Not applicable to Family Law matters)
CHAPTER 9
FAMILY LAW RULES
GENERAL RULES
FAMILY LAW
RULES APPLICABLE TO OSC’S AND MOTIONS REGARDING CHILD,
SPOUSAL OR PARTNER SUPPORT OR ATTORNEYS’ FEES AND COSTS
FAMILY LAW
SUPERVISED VISITATION MONITORS
CHAPTER 10
PROBATE, CONSERVATORSHIPS,
GUARDIANSHIPS AND TRUSTS
CHAPTER 11
CRIMINAL AND TRAFFIC HEARING CALENDAR PROCEDURES
CHAPTER 12
JUVENILE CALENDAR PROCEDURES
CHAPTER 13
MENTAL HEALTH CALENDAR PROCEDURES
CHAPTER 14
SUPERIOR COURT APPELLATE DIVISION
CHAPTER 15
EX PARTE ORDER PROCEDURES
15.00 APPLICATION FOR EX PARTE ORDER (Deleted effective January 1, 1998) ..................................... 60
15.01 TO WHOM PRESENTED (Effective January 1, 1997) ......................................................................... 60
15.02 NOTICE (Deleted effective January 1, 1998) ........................................................................................... 60
15.03 FILING OF APPLICATIONS AND ORDERS (Revised effective July 1, 2001) ................................... 60
CHAPTER 16
EXECUTIVE OFFICER AND JURY COMMISSIONER
CHAPTER 17
BAILIFF AND COURT SECURITY SERVICES
17.00 WEAPONS PROHIBITION AND SEARCHES (Revised effective January 1, 2008) ............................. 61
17.01 COURT SECURITY (Effective January 1, 1997) .................................................................................. 61
17.02 RESTRICTED AREAS (Effective January 1, 1997) .............................................................................. 61
CHAPTER 18
VERBATIM COURT REPORTING SERVICES
CHAPTER 19
JURY SERVICES
CHAPTER 20
COURT INTERPRETING SERVICES
CHAPTER 21
COUNSEL SERVICES AND FEES
CHAPTER 22
COURT-APPOINTED EXPERT SERVICES AND FEES
CHAPTER 23
AMERICANS WITH DISABILITIES ACT
CHAPTER 24
VOLUNTARY EARLY CIVIL MEDIATION
CHAPTER 25
TEMPORARY JUDGES
APPENDIX I
STANDARDS OF PROFESSIONAL CONDUCT (Revised effective January 1, 1999)........................................ 71
APPENDIX II
SUPERIOR COURT FEE SCHEDULE (Revised effective July 1, 2009) ............................................................. 73
APPENDIX III
LOCAL FORMS (Revised effective July 1, 2010) ................................................................................................. 83
APPENDIX IV
APPROVED WEB SITES FOR E-FILING (Effective January 1, 2001) ............................................................. 91
INDICES
VENTURA SUPERIOR COURT INDICES (Revised effective July 1, 2010) ...................................................... 93
Ventura County Superior Court Rules
RULE 2.02.1 FILING NOTICE OF APPEAL B. All family law and general civil (including
AND APPELLATE DOCUMENTS limited Unlawful Detainer cases) hearings and trials
A. APPEALS TO THE COURT OF shall be heard in the division of the court nearest
APPEAL, 2ND APPELLATE DISTRICT, the proper venue based upon the criteria set forth in
DIVISION 6. Notice of Appeal and all documents the Declaration for Court Assignment form.
relating to completion of the appellate record must Plaintiff shall complete the Declaration for Court
be filed with the Appeals Clerk located in the Assignment form which is to be filed with the first
Ventura Courthouse. This rule applies to Civil document. East County Division general civil and
unlimited, Family Law, Mental Health, Probate and family law filings (with one specified exception)
felony Criminal appeals. will be based upon the following Zip Code
Notice of Appeal and all documents filed designations:
relating to the appeal in a Juvenile Dependency or
Juvenile Delinquency case must be filed at the 91301 Civil Only
Juvenile Courthouse located in Oxnard. 91302 Civil Only 91360 Civil Only
B. APPEALS TO THE APPELLATE 91304 Civil Only
DIVISION OF THE SUPERIOR COURT OF 91307 Civil Only 91362 Civil Only
CALIFORNIA, COUNTY OF VENTURA 93020 91363 Civil Only
SUPERIOR COURT 93021 91377 Civil Only
Notice of Appeal and all documents relating to 93062
the appeal must be filed with the Appeals Clerk 93063
located in the Ventura Courthouse. These rules 93064
apply to Civil limited, Criminal misdemeanor and 93065
infraction appeals including Juvenile infractions.
C. SMALL CLAIMS APPEALS (Revised effective January 1, 2010)
Small Claims Appeals may be filed with the
Appeals Clerk at the Ventura Courthouse or the RULE 2.04 COURT EMPLOYMENT
Small Claims Clerk at either the Ventura or East CONFLICT OF INTEREST CODE
County Courthouse. A. ADOPTION OF CODE. This rule shall
(Effective January 1, 2010) constitute the court’s Conflict of Interest Code as
required by Government Code section 87300, and
RULE 2.03 VENUE OF EACH DIVISION hereby incorporates by reference California Code of
The venue of each division of the court shall Regulations, Title 2, section 18730 (“Standard
embrace the geographical area of the County of Code”) and any amendments to it.
Ventura, except as follows: B. PLACE OF FILING STATEMENTS
A. All small claims hearings and trials shall OF ECONOMIC INTEREST. Pursuant to section
be heard in the division of the court nearest 4(c) of the Standard Code, designated employees
defendant’s residence at the time of the shall file a statement of economic interest with the
commencement of the action; or, if based on a Executive Officer and Clerk of the Superior Court
contract, also in the division nearest the place where of California, County of Ventura.
the contract was entered into. C. APPENDICES TO THE STANDARD
CODE. The Superior Court of California, County
of Ventura adopts the following appendices to the
Standard Code:
(Revised effective July 1, 2008)
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The court may determine in writing that a consultant is
hired to perform a limited range of duties and that the
consultant is not required to comply with broad disclosure
requirements. The determination shall include a description
of the consultant’s duties and the extent of disclosure
required. The court shall file the statement with the clerk.
2
The consultant shall comply with all other provisions of this Positions include employee, partner, officer, director,
code. trustee, and any other management position.
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4. All persons with full authority to resolve are strongly encouraged to schedule mediation and
all disputed issues to appear on the date and at the settlement hearings for the mediator's or settlement
time and place ordered by the court. officer's office or other appropriate location agreed
Exception: For good cause shown, the parties may upon between parties to the proceedings. All
seek a court order prior to the date set for mediation hearings shall be held within the County of Ventura
or mandatory early settlement conference to unless all parties and the mediator or settlement
exclude their or their claim representative's officer stipulate to a different location.
appearance at the court ordered mediation or (Revised effective January 1, 2007)
mandatory early settlement conference. An order
may be sought by ex parte application. Absent such RULE 3.25 MANDATORY MEET AND
an order, the failure of a party or claim CONFER
representative to appear at a mandatory mediation (Deleted effective January 1, 1996) [See local rule
or mandatory settlement conference will result in 3.07]
sanctions being imposed on the party, counsel or
both. RULE 3.26 BRINGING IN NEW PARTIES
B. The mediation or mandatory early SUBSEQUENT TO ORIGINAL FILING
settlement conference may be continued by (Deleted effective July 1, 2003)
agreement without court order for no more than 30
days from the original mediation or conference date RULE 3.27 CASE REMOVED TO FEDERAL
as follows: COURT
1. All parties and the mediator or settlement (Deleted effective January 1, 2004)
officer must agree on a new date.
2. No later than the date originally scheduled RULE 3.28 FILINGS FOR CASE
for the mediation or conference, the party MANAGEMENT CONFERENCES
requesting the continuance shall serve and file a (Deleted effective January 1, 2004)
declaration under penalty of perjury stating (a) all
parties and the mediator or settlement officer have RULE 3.29 DEFAULT HEARING FORMS IN
agreed to the continuance, (b) the reasons for the LIMITED CIVIL CASES
continuance which constitute good cause as set Automobile deficiency judgments will not be
forth in rule 3.1332 of the California Rules of granted nor submitted to a judge for approval unless
Court, and (c) the agreed date. a “Declaration in Support of Deficiency Judgment”
3. For mediation only, the matter may be has been completed and filed under Code of Civil
continued by a telephone call or written letter from Procedure section 585(d).
the mediator indicating the new mediation date. All local court forms are available through the
C. There can be no continuance for more than court’s web site.
30 days from the original date except upon order of (Revised effective January 1, 2009)
the court for good cause. The desire to conduct
further discovery will not be considered good RULE 3.30 ERRONEOUSLY SUED
cause. DEFENDANTS
D. No later than five (5) days before the (Deleted effective July 1, 2001)
mandatory early settlement conference, each party
shall serve on all other parties a brief statement CHAPTER 4
setting forth and discussing the facts and law COURT PLEADINGS, FORMS
pertinent to the issues of liability, damages and AND DOCUMENT FORMAT
defenses and an itemization of economic and non-
economic damages, and comply with any additional RULE 4.00 ORGANIZATION
requirement imposed by local rule. (Deleted effective January 1, 1998)
No later than five (5) days before the date set for
mediation, each party shall serve on the mediator RULE 4.01 CONFORMED COPIES
and opposing counsel, a one-page mediation When counsel requests copies of documents
statement which shall set forth the causes of action filed to be conformed and returned by mail, such
and nature of the case, the issues to be resolved and request shall be accompanied by a self-addressed
the party's contentions. and postage prepaid envelope.
E. FACILITIES: The availability of court (Effective January 1, 1997)
facilities being limited and necessary for formal
court proceedings, mediators and settlement officers
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encouraged to schedule arbitration hearings for the RULE 6.06 MANDATORY ARBITRATION
arbitrator's office or other appropriate location STATEMENT
agreed upon between parties to the arbitration. All Counsel shall prepare and serve on all other
arbitration hearings shall be held within the County parties and the arbitrator, no later than ten (10) days
of Ventura unless all parties and the arbitrator prior to the arbitration hearing, a statement setting
stipulate to a different location. Arbitrators shall forth and discussing in detail the facts and law
keep the Case Management unit advised of the pertinent to the issues of liability, damages or both
dates and locations of all arbitration hearings and involved in the case as to the party or parties
continuances thereof. represented by that counsel. The statements, where
G. ARBITRATOR AWARDS; FEES. All relevant, shall contain an itemization of special
arbitrator's awards with the proof of service on each damages claimed with dates therefore. The nature,
party to the arbitration shall be filed with the court extent and prognosis of any claimed physical injury
under California Rules of Court, rule 3.825(b) shall be described fully and copies of medical
within ten (10) days after conclusion of the reports shall be attached to the statement. The
arbitration hearing, and no fee shall be paid to any statement shall not contain or disclose any offers of
arbitrator until such award has been filed. Repeated settlement. The statement shall contain a declaration
failure to comply with this rule shall be grounds for that all parties have discussed the case and have
removal of the arbitrator from the arbitration panel. attempted in good faith to settle the case.
H. NUMBER OF ARBITRATORS ON A (Revised effective July 1, 2002)
PANEL. As permitted by Rule 3.815(c), California
Rules of Court, the arbitration administrator shall RULE 6.07 CASES EXCLUDED FROM
select at random a number of prospective arbitrators ARBITRATION
equal to the number of sides plus two. All cases in which the time estimate for trial is
(Revised effective January 1, 2009) less than one day are excluded from mandatory
arbitration on the grounds that arbitration of such
RULE 6.04 ARBITRATION DELAY cases generally will not reduce the probable time
An appointed arbitrator shall set the arbitration and expense to resolve the litigation. However, any
hearing so as to be completed no later than 60 days such case may be arbitrated upon stipulation, upon
from the appointment and shall not continue the request of any party, or upon order of the court.
hearing date unless good cause exists. In the event Cases specifically excluded by statute shall not be
that the hearing date is continued, the hearing must the subject of mandatory arbitration.
be held within 90 days of the appointment of the (Effective January 1, 1997)
arbitrator. This rule may not be waived by any party
or by the arbitrator. All cases continued shall be RULE 6.08 SERVICEMEMBERS CIVIL
reported to the arbitration administrator. No RELIEF ACT
continuance of judicial arbitration to a hearing date A. When it is determined a defendant or
more than 90 days after the appointment shall be respondent is in the military service so as to be
made unless ordered by the court after the parties entitled to the benefits of the Servicemembers Civil
have: Relief Act (50 U.S.C. Appen. Secs. 501-591),
A. Stipulated to the continuance in writing counsel for the plaintiff shall, prior to the initial
accompanied by a declaration establishing good case management conference, determine the
cause as set out in rule 3.1332 of the California defendant’s/respondent’s ability to appear and
Rules of court; defend the action. No later than the time of the
B. Arranged for a new date with the arbitrator initial conference, the plaintiff shall advise the court
and include that date in the stipulation and order; of the defendant’s/respondent’s ability to proceed,
C. Prepared an order to be signed by the and, if necessary, shall apply for one of the orders
court; under subdivision C of this rule.
D. Filed all of the above three (3) court days B. When a defendant, respondent or a cross-
prior to the current arbitration date. defendant other than the plaintiff communicates to
A hearing is "completed" upon filing of the the court in writing that he or she is in the military
arbitrator's award with the clerk. service and claims the benefits of the
(Revised effective January 1, 2007) Servicemembers Civil Relief Act, the court shall
order the matter set on the case management
RULE 6.05 TELEPHONIC APPEARANCES- conference calendar no sooner than sixty (60) days
TRIAL CONTROL CALENDARS after the defendant's/respondent's/ cross-defendant's
(Deleted effective January 1, 1999) notification to the court. The court shall notify the
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plaintiff of the defendant's/respondent's and the court prior to the case management
communication by serving a copy upon plaintiff. conference an affidavit or declaration under penalty
Plaintiff shall then serve upon defendant/respondent of perjury describing specific facts showing why
notice of the case management conference the defendant/respondent cannot appear and defend,
(subdivision D of this rule). At the case or why the defendant would be prejudiced if the
management conference, the court shall make the action were to go forward in his or her absence. The
findings required under subdivision E of this rule defendant/respondent shall also state when he or
based upon the evidence presented at the she will be able to appear and defend. The notice to
conference. the defendant shall clearly state that the defendant’s
C. At the case management conference, the failure to provide an affidavit or declaration under
court may make one or more of the following penalty of perjury stating facts showing why the
orders: action should not go forward, or why the
1. If, by the initial case management defendant/respondent would be prejudiced if the
conference, the plaintiff is unable to advise the action were to go forward, will be construed by the
court of the defendant’s/respondent’s ability to court as an admission that the defendant/respondent
proceed, the action shall be stayed for a reasonable will not be prejudiced if the action went forward in
time not to exceed sixty (60) days, so that a hearing the defendant’s absence.
may be held to determine the E. If an order is made under subdivision C.1
defendant’s/respondent’s ability to appear and of this rule and notice of stay and of the hearing is
defend, and whether the defendant/respondent will served on the defendant pursuant to subdivision D
be prejudiced if the action proceeds in his or her of this rule, the court shall set a hearing and shall
absence. The plaintiff shall serve upon make specific findings on the record as to the
defendant/respondent notice of stay and of the following issues:
hearing to determine prejudice (subdivision D of 1. The defendant/respondent is in the
this rule). If the notice of stay and of the hearing military and is entitled to the benefits of the
cannot be timely served upon the Servicemembers Civil Relief Act;
defendant/respondent, and plaintiff submits 2. The defendant’s/respondent’s present
evidence to the court that it is either not feasible or ability to appear and defend the action; and
unduly expensive to effect service upon the 3. The prejudice to the
defendant/respondent at that time, the court shall so defendant/respondent if the action proceeds in the
find, and shall dismiss the action without prejudice, defendant’s absence.
reserving jurisdiction to reopen the case if the F. If the court makes a finding that the
plaintiff notifies the court that service can be defendant/respondent is able to appear and defend,
effected upon the defendant/respondent. If plaintiff the court shall order the action to proceed in due
submits evidence that convinces the court that the course. If a stay is requested by the
defendant/respondent has, in fact, received notice of defendant/respondent, and the evidence shows that
the hearing but has chosen to ignore it, the court defendant is not currently able to appear and defend
shall so find and the action shall proceed in due or would otherwise suffer prejudice if the action
course; proceeded in his or her absence, and a stay is
2. That counsel be appointed to represent necessary to permit the defendant/respondent to
the defendant/respondent; make arrangements to appear and defend, the court
3. Any order necessary to further the delay shall stay the action for a reasonable time, generally
reduction policies set forth in standards 2.1 and 2.2 not to exceed sixty (60) days.
of the Standards of Judicial Administration of the (Revised effective January 1, 2007)
California Rules of Court.
D. Any notice given pursuant to subdivision CHAPTER 7
B or C.1 of this rule shall be served on the TELEPHONIC APPEARANCES
defendant/respondent by the plaintiff in any manner
provided in the Code of Civil Procedure for service RULE 7.00 TELEPHONE APPEARANCE
of summons. Such notice shall include a statement Counsel shall have the option of appearing by
that if the defendant/respondent is unable to appear telephone at appropriate conferences, hearings and
personally and is requesting a stay of the action proceedings in civil, unlawful detainer and probate
because he or she is unable to appear and defend cases as provided for in California Rules of Court,
the action at that time, or would otherwise be rule 3.670 and the following provisions with respect
prejudiced if the action went forward, and that the to private vendor teleconference services.
defendant/respondent must serve upon the plaintiff (Revised effective January 1, 2009)
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B. All requests or notices to take a matter off B. TRIAL BRIEFS. Trial briefs shall be
calendar shall be in writing and filed with the Court brief, and not exceed ten pages and are to be filed
in the Courthouse where the matter is to be heard. with the judicial assistant in the assigned
C. All continuances of Law and Motion department at the initial trial call (the date the
matters shall be for not less than two (2) weeks and parties answer ready for trial).
shall be by ex-parte application or stipulation and C. BREVITY.
order. 1. Voir dire and examination of witnesses can
D. To request a continuance of a Small and will be limited by the court. Such limitation can
Claims Trial De Novo trial, the requesting party be agreed upon by counsel and/or court before the
must complete Judicial Council forms “Request to trial commences.
Postpone Small Claims Hearing” (SC-110) and 2. Objections. State the legal basis only; do
“Order on Request to Postpone Small Claims not argue objections unless invited by the court.
Hearing” (SC-111) at least ten (10) days before the D. ANTICIPATE PROBLEMS.
trial date and pay the appropriate filing fee (see 1. Witness availability problems. Counsel
current fee schedule). If the request is submitted must always have back-up witnesses to eliminate
less than ten (10) days before the trial, the delay. There is no exception to this rule. Each
requesting party must give the court good cause counsel shall notify opposing counsel 24 hours in
why the request is being filed later. The requesting advance of all witnesses counsel intends to call the
party shall mail or personally deliver a copy to all following day. Failure to follow this rule may result
parties in the action. in exclusion of any witness not so disclosed.
(Revised effective January 1, 2009) 2. Potential evidentiary problems should be
anticipated and disclosed to the court, with
RULE 8.05 RESTORATION TO CALENDAR citations, before the trial commences.
A law and motion matter that has gone off 3. Scheduling problems. Prompt notice is
calendar may be restored thereto only upon noticed mandatory.
motion except in an extraordinary situation to be E. PRE-MARKING OF EXHIBITS. All
determined by the court in its discretion. exhibits shall be submitted to the courtroom clerk
(Effective January 1, 1997) on the first day of trial for pre-marking. Prior to
arriving in the trial department, counsel shall
RULE 8.06 ARGUMENT exchange all exhibits with opposing counsel and
(Deleted effective January 1, 2005) shall agree and stipulate to foundation and
admissibility where possible. Any exhibits as to
RULE 8.07 DISCOVERY which admissibility cannot be stipulated should be
(Deleted effective January 1, 1998) brought to the attention of the court on the first day
of trial. Any exhibits not so pre-marked may be
RULE 8.08 CONSOLIDATION excluded from evidence. The only exceptions are
(Deleted effective January 1, 1998) exhibits to be used for impeachment. If counsel
wish to have the exhibits pre-marked prior to the
RULE 8.09 MOTION TO BE RELIEVED AS first day of trial, they should notify the courtroom
COUNSEL clerk for an appointment for this purpose. This
(Deleted effective January 1, 1998) practice is encouraged.
F. STIPULATE TO AS MANY FACTS AS
RULE 8.10 POSSIBLE.
[Reserved] G. STATEMENT OF CASE. A statement of
the case must be stipulated to by all counsel and
RULE 8.11 MOTIONS FOR SUMMARY jointly prepared, consisting of a brief, concise
JUDGMENT AND SUMMARY factual statement of the case. It will be read to the
ADJUDICATION jury panel as an introduction to the case. It is not to
(Deleted effective January 1, 1998) exceed one page, and is to be filed with the clerk of
the trial department on the first day of trial.
RULE 8.12 PROCEDURAL RULES FOR H. COOPERATION BETWEEN
CIVIL TRIALS COUNSEL. Cooperation is the key to expeditious
A. LENGTH OF TRIAL. A realistic and trials; it is essential, expected and professional.
practical period for trial and argument will be I. WITNESS LISTS. Counsel for all sides
determined after consultation with counsel, based shall agree on a single combined list of witnesses
upon the circumstances of each case. who may be called in the trial. The list shall be
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prepared by counsel for plaintiff. This witness list O. CHECKLIST FOR WORKING WITH
shall be filed with the clerk in the trial department THE COURTROOM CLERK.
on the first day of trial, and will be read to 1. Check in with the courtroom clerk. If you
prospective jurors. are an attorney representing a client, provide three
J. EXAMINATION OF WITNESSES. (3) business cards and name of your client.
Prior to calling a witness, counsel shall determine 2. File trial briefs and motions in limine.
what exhibits will be used during the examination 3. File witness list and statement of the case.
and have those exhibits on the witness stand for 4. Arrange for payment of any jury fees and
easy reference by the witness. The only exception is reporter fees.
for exhibits to be used for impeachment. 5. Pre-mark and exchange exhibits.
K. COURT-APPOINTED EXPERT. The 6. File request for jury instructions before the
court will appoint its own expert under appropriate plaintiff rests.
circumstances, with costs borne by the parties 7. Lodge all original depositions with the
equally. courtroom clerk on the first day of trial.
L. JURY INSTRUCTIONS AND 8. Sign jury stipulation.
VERDICTS. Instructions and verdict forms are to 9. All depositions, documents, exhibits and
be agreed to outside of trial time. other items lodged with the court must be removed
1. (Deleted eff. 7/1/96) from the courtroom by counsel lodging same upon
2. Counsel's particular attention is drawn to conclusion of proceedings.
the Burden of Proof Instruction such as CACI 2.60. 10. With regard to messages for counsel
Counsel shall agree on the wording of said during trial, calls to the courtroom should be limited
instruction and submit same to the court before only to urgent messages. Counsel should arrange to
plaintiff rests. check in with their offices during breaks.
3. Jury instructions prepared by counsel will P. PROCEDURES REGARDING COURT
be accepted only in the format of Exhibit A hereto. REPORTERS.
4. Jury verdict forms will be prepared by 1. Side bench conferences with the reporter
plaintiff's counsel, but will be agreed upon by all are not favored. Such conferences consume undue
counsel and lodged with the clerk of the trial amounts of time and interrupt the continuity of the
department before the plaintiff rests. trial. The record is available for proceedings outside
M. HYPOTHETICAL QUESTIONS. the presence of the jury during recess.
(Deleted effective July 1, 1995). 2. "On and off" the record -- the reporter will
N. IN LIMINE MOTIONS. All In Limine respond only to instructions of the court relative to
Motions shall be in writing, and shall be personally going "on and off" the record.
served on the parties and filed with the judicial 3. Maintain a record of the question and
assistant in the assigned department at the initial answer that ends each session or inquire of the
trial call (the date the parties answer ready for trial). reporter before the succeeding session.
A motion shall not exceed two (2) pages, including 4. Forty-eight (48) hour notice is required if a
authority, and shall be accompanied by a proposed daily transcript is requested.
order. (Revised effective January 1, 2007)
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EXHIBIT A
CITATIONS OF AUTHORITY
JONES v. SMITH
((1991) 100 Ca.3d O.)
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RULE 8.13 EXCHANGE OF EXPERT TRIAL L. Matters arising from the Domestic
WITNESS INFORMATION Partnership Act.
(Deleted effective July 1, 2006) (Revised effective January 1, 2006)
the Court will take this into consideration at the Attendance at calendared Case Review Conferences
time of the Case Review Conferences. will generally not be required as long as a party or
B. CASE PLAN OVERVIEW parties file documents requested by the Court. The
The Court has adopted four Case Plans. Each Court will notify parties if attendance is mandatory.
Case Plan has its own specific events and time The Court may set further Case Review
standards, as well as processing procedures. The Conferences for any stage of the proceedings, set
following is an overview of each of the Case Plans; other hearings as appropriate or refer self-
1. Standard Case Plan A: Disposition represented litigants to the Family Law Facilitator’s
within 6 months. Office.
All cases are designated as Case Plan A 2. Proof of Service. In all cases, regardless
upon filing. Cases in which one or both parties are of the designated Case Plan, if initial pleadings are
self represented with generally remain on this plan not served within 60 days from the date of filing
and may be assisted by the Family Law Facilitator’s and the proof of service is filed, attendance at a
Office. These are cases with little or no property or Case Review Conference is mandatory.
have a few disputed issues. 3. Declaration regarding Service of
2. Standard Case Plan B: Disposition Preliminary Declarations of Disclosure (FL-141).
within 12 months. Parties on a Case Plan A must file the Declaration
Represented parties will usually be on this Regarding Service of Preliminary Declaration of
plan. These cases have some disputed issues and Disclosure (FL-141) before the second calendared
require limited discovery. To be assigned to Case Case review Conference. (See Chart “Case Plan A”
Plan B, a party must submit a Case Plan in section E below. CASE PLAN DISPOSITION
Designation Form (VN216). If a Response (FL- TIME STANDARDS AND COURT EVENTS).
120) or (FL-220) is filed, parties on this Plan must Parties on Case Plan B must file the Declaration
also file a Joint Mandatory Settlement Conference Regarding Service of Preliminary Declaration of
Statement (VN219) which requires the parties to Disclosure (FL-141) before the Mandatory
meet and confer and identify the issues in dispute. Settlement Conference. (See Charts “Case Plan “B”
3. Complex Case Plan C: Disposition in section E below, CASE PLAN DISPOSITION
according to Judicial Order. These cases involve TIME STANDARD AND COURT EVENTS).
extensive discovery and/or involve expert 4. Income and Expense Declaration (FL-
testimony. In order to be assigned to this Case Plan: 150) or Financial Statement Simplified (FL-155).
1) six months must have elapsed since filing the Parties on Case Plan A, who request support, fees
Petition; 2) a Response (FL-120) or (FL-220) has or costs, must serve and file the Income and
been filed; 3) both parties have filed the Declaration Expense Declaration (FL-150) or Financial
re Service of Preliminary Declaration of Disclosure Statement Simplified (FL-155) before the second
(FL-141) (Dissolution and Legal Separation only); calendared Case Review Conference. (See Chart
4) the parties have filed a Case Plan Designation “Case Plan A” in section E below. CASE PLAN
Form (VN216); 5) the parties have filed a proposed DISPOSITION TIME STANDARDS AND
Case Progression Plan and Order (VN218); and 6) COURT EVENTS). Parties on Case Plan B must
the parties have received judicial approval for the file the Income and Expense Declaration (FL-150)
proposed Case Progression Plan and Order or Financial Statement Simplified (FL-155) before
(VN218). After being assigned to Case Plan C, the the Mandatory Settlement Conference. (See Chart
parties must file documents in accordance with the “Case Plan B” in section E below, CASE PLAN
Complex Case Plan C Case Progression Order. DISPOSITION TIME STANDARDS AND
4. Alternative Dispute Resolution Case COURT EVENTS).
Plan D: Disposition in 12 months. This plan is for 5. Case Plan Designation Form (VN216).
cases in which the parties have agreed to use a form The form can be filed at any time the minimum
of Alternative Dispute Resolution (ADR) to resolve requirements for the requested Case Plan have been
their case, including but not limited to mediation or met. This form can be filed with the initial
Collaborative Family Law. To be placed on this pleadings when requesting Case Plan B or Case
plan, parties need to complete the ADR Agreement Plan D designation. Six months must have elapsed
(VN217) and a Case Plan Designation Form since filing the initial pleadings in order to request
(VN216). Parties are required to file a joint Family Case Plan C.
Law Reports (VN126) to remain on this Plan. 6. Joint Mandatory Settlement
C. CASE FLOW STANDARDS. Conference Statement (VN219): This form must
1. Case Review Conference. Each Case be filed with the Court prior to the Mandatory
Plan has scheduled Case Review Conferences. Settlement Conference. Before filing this form, the
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Approximately 60 Case Review Conference regarding the Filing of the Proof of Service of Summons
days Proof of Service. No appearance is necessary if the Proof
of Service is filed before the conference.
Case Review Conference regarding filing the Declaration Declaration re Preliminary Declaration
re Preliminary Declaration of Disclosure (FL-141), and of Disclosure (FL-141) (Dissolution or
Default (FL-165) or Response (FL-120) or (FL-220). No Legal Separation only), and
appearance is necessary if:
a. the Request to Enter Default (FL-165), or Income and Expense Declaration (FL-
Approximately Response (FL-120) or (FL-220) is filed and 150) or Financial Statement Simplified
120 days b. Parties file the Declaration re Preliminary (FL-155), if support, fees or costs are
Declaration of Disclosure (FL-141) (Dissolution or Legal requested, and
Separation only). Only the non-complying party must
appear: or Request to enter Default (FL-165), or
c. Income and Expense Declaration (FL-150) or
Financial Statement Simplified (FL-155), if support, fees Response (FL-120) or (FL-220)
or costs are requested, or
d. Judgment forms are filed.
Approximately Case Review Conference Regarding Filing the Judgment Documents listed in Rule 9.19 B-1 and
180 days B-2.
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Approximately File Document Review (Internal Court Process) if Declaration re Preliminary Declaration
15 days Response (FL-120) or (FL-220) is filed. The following of Disclosure (FL-141) (Dissolution or
Prior to the must be filed fifteen (15) days prior to the Mandatory Legal Separation only) and
Mandatory Settlement Conference:
Settlement a. Declaration re Preliminary Declaration of Income and Expense Declaration (FL-
conference Disclosure (FL-141) (Dissolution/Legal Separation Only) 150) or Financial Statement Simplified
and (FL-150) or Financial Statement
b. Joint Mandatory Settlement Conference Simplified (FL-155), if support, fees
Statement with Property Attachments (VN219), and or costs are requested, and
c. Income and Expense Declaration (FL-150) or
Financial Statement Simplified (FL-155), if support, fees Joint Mandatory Settlement
or costs are requested, and Conference Statement with Property
d. Witness List. Attachments (VN219).
Approximately Case Review Conference Regarding Filing the Judgment Documents listed in Rule 9.19 B-1 and
240 to 360 B-2
Days
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3. Case Plan C. The following events will be calendared by the Court pursuant to the Plan C Case
Progression Order
Approximately Case Review Conference regarding the Filing of the Proof of Service of Summons
60 days Proof of Service. No appearance is necessary if the Proof
of Service is filed before the conference.
Approximately
15 days prior
to the Mandatory File Document Review; Documents must be filed in Documents according to Case Plan
Settlement accordance with Case Plan Order. Order
Conference
Approved By Case Review Conference Regarding Filing the Judgment Documents listed in Rule 9.19 B-1 and
Judge B-2
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Approximately Case Review Conference regarding the Filing of the Proof of Service of Summons
60 Days Proof of Service. No appearance is necessary if the Proof
of Service is filed before the conference.
Before Entry Designation as case Plan D Case Plan Designation Form (VN216)
Of Judgment ADR Agreement Form (VN212)
Approximately Case Review Conference regarding Status. No Joint Family Law Case Status Report
180 Days appearance is necessary if a joint Status Report (VN126) (VN126)
is filed.
Approximately Case Review Conference Regarding Filing the Judgment Documents listed in Rule 9.19 B-1 and
360 Days B-2
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and (5) the status of any referral to Child Protective custody/visitation issues shall be continued until
Services or law enforcement. after the mediation appointment.
E. CIVIL HARASSMENT D. INTERPRETERS
RESTRAINING ORDERS Litigants requiring interpreters must obtain their
When seeking civil harassment TRO's, the own interpreters for contested evidentiary hearings,
current forms adopted by the Judicial Council shall trials and mediations. Such interpreter must be
be used. These forms include CH-100, Request for certified pursuant to Rules 20.00 and 20.01
Orders to Stop Harassment (Civil Harassment) and (Revised effective January 1, 2008)
CH-120, Notice of Hearing and Temporary
Restraining Order (CLETS) (Civil Harassment). A RULE 9.11 FILING AND SERVICE OF
declaration in support of the TRO shall be included PLEADINGS
setting forth with specificity, the harassing conduct (Deleted effective July 1, 2000)
including dates, specific acts and words and any
injuries suffered by the plaintiff. RULE 9.12 HEARINGS
(Revised effective July 1, 2009) A. DAILY CALENDAR
Check-In. Courtrooms shall open their doors
FAMILY LAW MOTIONS AND ORDERS TO prior to scheduled calendar call for “check-in” with
SHOW CAUSE the court clerk. At that time, counsel shall inform
the clerk if a conference with the court is desirable
RULE 9.10 CALENDARING or if priority is requested.
A. CALENDARING. Subject to the time B. MANDATORY SETTLEMENT
requirements imposed by statute and these rules, ATTEMPT
dates for hearings on OSC’s and motions may be Prior to the scheduled hearing, counsel shall
selected without "reserving" the date with the clerk. make good faith efforts to resolve the issues
Available days for the Ventura division family pending before the court, to exchange all
courts are Monday, Tuesday and Wednesday. information required by these rules, and to delineate
Available days for East County division family those issues remaining to be presented to the court
court are Monday, Wednesday and Thursday. at the time of the hearing.
Counsel are advised that the Ventura division C. TIME LIMITATIONS
family courts tend to set on Mondays the majority The law and motion calendar is designed for
of matters in which litigants are representing hearings estimated to take no longer than 30
themselves; East County division self-represented minutes. If it is anticipated that a longer hearing
cases are set on Thursdays. Counsel are further will be required, participants shall so advise the
advised that the clerk’s office may set a maximum court at the law and motion hearing.
number of cases to be heard on any given day. If D. PRESENTATION OF EVIDENCE
the maximum number has been reached, the next 1. Limitations on Oral Testimony. In
available date will be assigned. granting or denying applications for orders, it is the
B. REQUEST FOR PRIOR REVIEW OF court’s policy whenever possible to determine
PLEADINGS contested issues based solely on the pleadings,
(Deleted effective January 1, 2008) admissible evidence contained in declarations
C. SPECIAL CALENDARING timely filed with the court, and arguments based
REQUIREMENTS thereon. All declarations shall be received in
1. When TRO’S are granted pending a evidence at the hearing, subject to legal objections
hearing, the hearing shall be set within 25 days of and cross-examination.
the date of issuance of the TRO’S. E. STIPULATED CONTINUANCES OF
2. If no TRO’S have been granted and HEARINGS
mediation is required prior to the hearing pursuant 1. If the parties stipulate to a continuance of
to Rule 9.31, the hearing on custody/visitation a hearing, the parties shall immediately advise the
issues shall be set after the mediation appointment. Family Law Case Coordinator or the secretary of
However, the hearing on financial issues may be set the assigned family law judge by submitting a
within the normal time limits. Request for Continuance (local form VN 230),
3. If TRO’S have been granted and mediation signed by both attorneys/pro per litigants, via
is required prior to the hearing pursuant to rule facsimile transmission or walk-through. The
9.31, the hearing shall be set within 25 days of the Request for Continuance must be submitted to the
date of issuance of the TRO’S. At the time of the court at least two (2) court days before the hearing.
hearing on the restraining orders, any The judicial assistant’s minute order memorializing
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before the hearing. The judicial assistant’s minute 5. The following documents are required for
order memorializing the continuance will serve as default matters without hearing:
the written record of said continuance. The fee a. All of the documents listed in B-1
required under Government Code section above.
70617(c)(1) shall be paid within ten (10) days of b. A Declaration for Default or
submission of the Request for Continuance. Uncontested Dissolution/Legal Separation (FL-170)
7. After one (1) continuance, as set forth in or Declaration for Default or Uncontested Judgment
Local Rule 9.19.B.6 above, any further continuance (FL-230) for Uniform Parentage Actions.
of the Mandatory Settlement Conference will c. Judgment (FL-180) or (FL-250 Uniform
require a showing of good cause by declaration for Parentage Action) with either a Settlement
the continuance, and an order of the court. Agreement signed by both parties with the
8. If the Mandatory Settlement Conference Respondent’s signature notarized or the appropriate
does not resolve all issues, the Court will only set Judicial Council forms attached.
the matter for trial upon a showing that the case is d. Notice of Entry of Judgment (FL-190)
ready for trial. with stamped envelopes addressed to the parties or
C. UNCONTESTED OR DEFAULT their attorney of record.
TRIALS. 6. The following documents are required for
1. Setting for Default prove-up hearing. Uncontested matters:
Default matters may be set for prove-up hearing by a. Declaration re: Service of Preliminary
submitting a Request to Enter Default (FL-165) to Declaration of Disclosure (FL-141) filed by each
the clerk at the Family Law filing window and party (not applicable to Uniform Parentage
requesting a Default Hearing. Actions).
2. Documents required for Default b. Declaration re: Service of Final
Hearings: The following documents must be filed Declaration of Disclosure (FL-141) from each party
before or concurrently with the Request to Enter or waiver of this requirement executed by both
Default (FL-165). parties as provided in subdivision (d) of section
a. If child support, spousal support, partner 2105 of the Family Code (not applicable to Uniform
support, costs or attorney fees are requested, a fully Parentage Actions).
completed Income and Expense Declaration (FL- c. A separate written declaration executed
150) or Financial Statement, Simplified (FL-155) is by both parties that the matter may be treated on an
required. If an order for division of property of uncontested basis or an Appearance, Stipulations &
debts is requested, a Property Declaration (FL-160) Waivers (FL-130).
is required. d. A Declaration for Default or
b. Proof of service of Summons. Uncontested Dissolution/Legal Separation (FL-170)
c. Declaration re: Service of Preliminary or Declaration for Default or Uncontested Judgment
Declaration of Disclosure (FL-141) (not applicable (FL-230) for Uniform Parentage Actions.
to Uniform Parentage Actions). e. Judgment (FL-180) with a Marital
d. Declaration re: Service of Final Settlement Agreement or Stipulated Judgment
Declaration of Disclosure (FL-141) or waiver of signed by both parties attached or Judgment (FL-
this requirement as provided in subdivision (d) of 250) with Agreement or Stipulations attached for
section 2105 or in section 2100 of the Family Code Uniform Parentage Actions.
(not applicable in Uniform Parentage Actions). f. Notice of Entry of Judgment (FL-190)
Local form VN-131 may be used to satisfy the with stamped envelopes addressed to the parties or
waiver requirement. their attorney of record.
3. Proposed Judgment. On reporting to the 7. If any party is receiving public assistance,
courtroom to which a default matter has been that information shall be disclosed on the
assigned, counsel or parties representing themselves Declaration for Default or Uncontested
shall provide the original of the proposed judgment, Dissolution/Legal Separation (FL-170) or
including any marital settlement agreement, to the Declaration for Default or Uncontested Judgment
judicial assistant in the courtroom. The judgment (FL-230) and the local child support agency shall
shall be completed in full, with the exception of any sign the proposed Judgment.
child, spousal or partner support, or attorney fees, D. CONTESTED TRIALS
which may be addressed by the court at the hearing. 1. Purpose of Rules; Duties of Counsel. The
4. Uncontested or Default matters without purpose of these rules is to insure that contested
hearing may be processed through the clerk at the domestic relations matters are thoroughly prepared
Family Law filing window. and expeditiously tried, and to avoid using the trial
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itself as a vehicle for what should be pretrial supporting declarations. No appearances are
deposition, discovery and settlement procedures. required for an ex parte application supported by a
Counsel shall resolve as many issues by stipulation stipulation and supporting declarations, unless
as possible. otherwise ordered by the court. The party must
2. Relief from Rules. Relief from the make the motion or application as soon as practical
operation of these rules relating to contested trials once the necessity for the continuance is
may be had in appropriate cases, but only on motion discovered.
and for good cause shown. c. Grounds for Continuance.
3. Trial Briefs. Trial briefs may be submitted (1) A request for continuance made at
to the court and opposing counsel at the time of least 30 days before the trial date, may be granted
trial. Trial Briefs shall specify each party's only on an affirmative showing of good cause
contentions as to child custody and visitation, as to requiring the continuance.
amount and duration of child, spousal or partner (2) A request for a continuance made
support and as to the characterization and division less than 30 days before the trial, will not be
of community property and community debt. granted except under extraordinary circumstance
4. Income and Expense Declaration. The where there is no alternative means of preventing a
updated Income and Expense Declaration for trial substantial injustice to the parties.
purposes shall have attached documents showing d. Change of Trial Date on Court’s
both the balance of each obligation at the date of Motion. The court on its own initiative may, if
separation and the date closest available to trial. necessary, change the trial date.
Such documents shall have been filed and served at (Revised effective January 1, 2010)
least seven (7) days prior to trial. Service by mail
under this rule does not require the addition of five RULES 9.20 FAMILY LAW FACILITATOR
days for mailing. A. Pursuant to Family Code Section 10000 et
5. Final Declaration of Disclosure Pursuant seq., the County of Ventura shall maintain an office
to Family Code 2105. Final Declarations of of family law facilitator. Services provided by the
Disclosure shall be served no later than 45 days family law facilitator shall include, but are not
before the first assigned trial date unless mutually limited to, the following:
waived by the parties. Declarations Regarding 1. Providing educational materials to parents
Service of the Final Declaration of Disclosure shall concerning the process of establishing parentage
be filed no less than seven (7) days before the and establishing, modifying and enforcing child,
assigned trial date. spousal or partner support in the court;
6. Request for Court Reporter. It is 2. Distributing necessary court forms and
recommended that a request for a court reporter be voluntary declarations of paternity;
made at least two (2) court days prior to the 3. Providing assistance in completing forms;
scheduled trial to the Judicial Assistant/Courtroom 4. Preparing support schedules based upon
Clerk, in order to insure availability. statutory guidelines;
7. Completion of Discovery. Unless 5. Providing referrals to the Department of
otherwise ordered by the Court for good cause, all Child Support Services, family court services, and
discovery must be completed, as set out by Code of other community agencies and resources that
Civil Procedure section 2024.010 et. seq. Discovery provide services for parents and children.
requests must be served early enough that responses B. In addition, services provided by the
will be due and depositions will have been taken by family law facilitator may include, but are not
the cutoff date. Discovery requests that do not limited to the following:
comply with these rules will not be enforced. 1. Meeting with litigants to mediate issues of
8. Motion or application for continuance of child, spousal or partner support, and maintenance
trial. of health insurance;
a. Trial dates are firm. To ensure the 2. Drafting stipulations to include all issues
prompt disposition of family law cases, the dates agreed to by the parties;
assigned for trial are firm. All parties and their 3. If the parties are unable to resolve the
counsel must regard the date set for trial as certain. issues with the assistance of the family law
b. Motion or Application. A party facilitator, prior to or at the hearing, and at the
seeking a continuance of the date set for trial, request of the court, the family law facilitator shall
whether contested or uncontested or stipulated to by review the paperwork, examine documents, prepare
the parties, must make the request for a continuance support schedules, and advise the judge whether or
by a noticed motion or an ex parte application with not the matter is ready to proceed;
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4. Assisting the clerk in maintaining records; to settle a case through mediation. See Rule 9.36
5. Preparing formal orders consistent with and California Rules of Court, rule 5.220 for further
the court’s announced order in cases where both information on child custody evaluations.
parties are unrepresented; 2. Additionally, the Ventura County Family
6. Serving as special master in proceedings Courts require parties involved in the dispute to
and making findings to the court unless he or she participate in Family Court Orientation prior to any
has served as a mediator in that case; mediation. It is within the discretion of the court to
7. Providing services as set forth in Family reschedule the mediation, continue the hearing to
Code Section 10100 et seq., the Friends of the which it relates, and make interim orders if either
Court Act; party does not participate in Orientation. There is
8. Assisting the court with research and any no fee for Orientation. DO NOT BRING
other responsibilities which will enable the court to CHILDREN TO ORIENTATION.
be responsive to the litigant’s needs; 3. Only by written agreement of all parties
9. Developing programs for bar and or prior court order shall a mediation be canceled,
community outreach through day and evening continued, or advanced.
programs, videotapes and other innovative means 4. In accordance with California Family
that will assist unrepresented and financially Code Section 3183, where mediation has not
disadvantaged litigants in gaining meaningful resulted in a full agreement between the parties on
access to family court. all custody and visitation issues, the mediator may
(Revised effective January 1, 2005) recommend the following, with or without the
stipulation of the parties:
RULE 9.21 GRIEVANCE PROCEDURE a. A parenting plan, addressing issues of
If a party alleges that an unprofessional or legal and physical custody, visitation or time share,
inappropriate act has occurred on the part of the and other orders related to the best interests of the
Family Law Facilitator during the course of child(ren);
providing assistance, he or she must first contact the b. More mediation time is needed (and, if
Senior Family Law Facilitator to resolve any agreed by the parties or ordered by the Court, the
immediate complaints. If the party wishes to mediator will make specified collateral contacts);
address the complaint to a Supervisor after speaking c. Appointment of an attorney to
with the Senior Family Law Facilitator, the party represent the children under Family Code section
may obtain a Complaint Resolution Form from the 3150;
clerk in the Family Law Self Help Center. The d. A psychological evaluation of the
completed form should be returned to the Court’s parties under Evidence Code section 730;
Administrative Office in Room 206 of the Superior e. An investigation or evaluation
Court. The Deputy Executive Officer in charge of pursuant to Family Code section 3111; and,
the Family Law Facilitator’s Office shall review the f. Restraining orders be issued to protect
form and decide the appropriate course of action to the well-being of the child(ren) involved in the
resolve the complaint. controversy under Family Law Code section
(Revised effective January 1, 2006) 3183(c).
5. Absent full disclosure and written
(RULES 9.22 — 9.29 RESERVED) consent, a mediator shall not participate in the
mediation process if an attorney-client or
FAMILY LAW psychotherapist-patient relationship or any business
MEDIATION relationship exists or existed between the mediator
and any party, counsel or witness.
RULE 9.30 MEDIATION 6. There shall be no ex parte communication
A. INTRODUCTION between the mediator and the court without
1. Mediation of disputes over custody, appropriate prior notice to both parties and/or their
visitation, or both, is required by law and provided attorneys providing an opportunity to appear and be
by the Ventura County Family Court Services heard except as provided in the provisions of
section of the Superior Court. Family Court Family Code section 216.
Services also provides investigations pursuant to (Revised effective January 1, 2010)
section 3110 et seq. of the Family Code to help
resolve disputes over parenting plans. Investigation
is a separate function from that of mediation and
may not be ordered unless an attempt is first made
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minimum statutory requirements of a court I. The mediator may meet with the parties
mediator. separately or together in a joint session, except as
B. Attorneys need not be present at the provided in the provisions of Family Code section
commencement of mediation but shall be available 3177, in order to isolate the points of agreement and
by telephone during mediation and shall be present disagreement in an effort to settle the dispute.
in the mediation department for the last half hour of J. The mediator shall also interview any
mediation or at another time as directed by the child(ren) age six or older, to assess their needs and
mediator. Attorneys are responsible for interests.
communicating with the mediator at the beginning K. Upon completion of the mediation, the
of the mediation to determine the time when they mediator shall complete a “Report of Mediator”
will be required to be present. which will inform the court as to whether or not
C. In all court meditations, the mediator shall, there is an agreement, a partial agreement, or a
in conducting the mediation, be limited to those recommendation specific to the following areas:
documents timely filed with the court. Except as 1. A parenting plan, addressing issues of
otherwise required by California Rules of Court, legal and physical custody, visitation or time share,
rule 5.215 the mediator shall not contact any and other orders related to the best interests of the
outside source unless both parties and counsel, if child(ren);
represented, give written consent to the contact, 2. More mediation time is needed (and, if
specifying (a) the source to be contacted, and (b) agreed by the parties or ordered by the Court, the
the subjects which the mediator is authorized to mediator will make specified collateral contacts);
discuss with such outside source. It is the 3. A child custody investigation or
responsibility of each party to arrange for proposed evaluation of this family pursuant to Family Code
collateral contacts to be available by telephone section 3110 is indicated;
during the mediation appointment. 4. A psychological evaluation of the
D. In the discretion of (1) the Court or (2) parties;
Manager of Family Court Services (subject to 5. An attorney for the child is indicated; or
review by the Court prior to an evidentiary 6. The issuance of restraining orders to
hearing), mediation may not be required if one of protect the well being of the child(ren).
the following conditions is met: L. Following the mediation session, pursuant
1. The same issue has been addressed in a to rule 9.33B, the mediator shall meet with counsel
mediation session within the past six (6) months; and/or unrepresented parties in person to
2. There has been a previous mediation in communicate the results of the session, as indicated
the case and the dispute involves only issues of in the “Report of Mediator”.
logistics, or procedure or if otherwise appears that 1. If the parties have reached an
mediation is unlikely to substantially assist the agreement, the mediator will convey the terms of
parties or the Court. that agreement to the parties and/or counsel. An
3. Except for good cause shown, the fact agreement requires the consent of all parties to the
that the parties continue to reside in the same home mediation, their attorneys, if represented, and any
shall not constitute a reason to preclude mediation, attorney appointed for the minor child(ren).
if mediation will assist the parties in planning for 2. If no agreement has been reached the
their separation. mediator shall advise the parties of any
E. Possession of tape recording devices or recommendation being made and may make that
weapons of any type are not permitted at mediation. recommendation to the court. The mediator may be
F. Mediation sessions are to be conducted called as a witness by either party, subject to the
with only the parties and the children; however, the right of cross-examination by the other.
mediator has the discretion to include other (Revised effective July 1, 2006)
significant persons involved with the family if he or
she believes inclusion is helpful to resolution. RULE 9.34 MEDIATION ORDERS
G. All cases involving allegations of domestic Stipulations and proposed orders which have
violence, with current restraining orders, shall be been signed by both parties and their counsel shall
screened by a mediator for determining the be forwarded to the family law judge for issuance
necessity for separate waiting areas for the parties, of the order.
and separate mediation to insure safety and (Effective January 1, 1997)
facilitate mediation.
H. Support persons will be permitted to attend
as provided by Family Code section 6303.
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CUSTODY AND VISITATION protective order exists, that information, along with
PROCEEDINGS the terms of the criminal protective order, shall be
conveyed to the court in the mediator’s report.
RULE 9.40 CONTESTED CASES 2. The Juvenile Court, prior to issuing any
Interim Custody/Visitation Disputed Pending order involving custody or visitation in a juvenile
Completion of Mediation. action, shall make a reasonable effort to determine
1. It is the policy of the court not to change if a criminal protective order exists for one or both
the children's living situation during the pendency parents in the juvenile action.
of custody and visitation disputes. Only under
extraordinary circumstances will the court deny Requirement for issuing criminal protective
access of one parent to the children or change any orders:
child's principal place of residence.
2. Any application to change the child's living 1. Prior to requesting a criminal protective
situation prior to full hearing shall include the order involving victims and/or witnesses and
following: defendants that have a relationship as defined in
(a) the current court order, if any. Family Code section 6211, the District Attorney
(b) the current child sharing schedule or shall make a reasonable effort to determine if there
agreement, if any. exists any child custody or visitation orders
(c) any change in the child's place of involving the parties to the action. The District
residence in the past 120 days and the Attorney shall verbally advise the criminal judicial
circumstances surrounding these changes. officer of the existence of any orders for custody or
(d) what time sharing program is visitation at the time the proposed criminal
proposed. protective order is submitted for approval and
(e) the reasons for any proposed changes signature.
in the child's living situation. The criminal court may permit appropriate
(f) any other relevant information. visitation between a criminal defendant and his/her
(Revised effective July 1, 1999) children pursuant to civil court orders, but at the
same time provide for the safety of the victim or
RULE 9.41 FAMILY LAW COURT witness by ensuring that a criminal court protective
COMMUNICATION PROTOCOL order is not violated.
In hearing any case involving any issue of child (Effective July 1, 2004)
custody or visitation, reasonable efforts will be
made to determine the existence of any criminal RULE 9.42 SUPERVISED VISITATION
court protective orders involving any party to the MONITORS
action currently before the Court. As a convenience for the parties, the Court will
In any case in which the court is issuing a provide a list of persons or organizations that have
criminal protective order, reasonable efforts shall be requested inclusion and identified themselves as
made to determine the existence of child custody or providing professional supervised visitation
visitation orders involving any party to the action monitor services.
currently before the court. Any individual or officer or manager of an
Upon request to modify any custody and/or organization requesting to be included on the list
visitation provision of a criminal protective order, must sign a declaration. (Mandatory Local Form)
the criminal court shall consult with the issuing which certifies that: (1) they have read and
family law court prior to granting or denying the understand California Rules of Court, Standards of
request. Judicial Administration, standard 5.20; (2) the
individual, or persons providing services on behalf
Procedure for Family Law Court of or by referral through the organization, will meet
Communication all of the qualifications and training requirements
for professional supervised visitation monitors as
Requirement for issuing custody and/or visitation stated in standard 5.20; and (3) the individual, or
orders: persons providing services on behalf of or by
1. Upon referral to Family Court Services referral through the organization, will comply with
(FCS) for mediation and prior to issuing a report, all of the standards, procedures, responsibilities,
FCS shall make a reasonable effort to determine if a requirements, and other provisions of standard 5.20.
criminal protective order exists involving one or The signed declaration is to be lodged with the
both parents in a family law action. If a criminal Court by delivery to Family Court Services.
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Ventura County Superior Court Rules
The list will notify recipients that the Court does notice of the nature of the petition to counsel (or in
not confirm the statements in the declarations, and the absence thereof to the other interested parties
does not endorse, evaluate, or monitor the services themselves) and those who request special notice,
provided. together with the proposed time and place of the
Removal from the list may be made without hearing. No later than noon the preceding day
cause, notice, or explanation. before the ex parte hearing is held, moving counsel
The Court will provide a copy of standard 5.20 shall submit a declaration to the court setting forth
to parties who may be using the services of a the facts showing that notice has been given, or
supervised visitation monitor. supporting the conclusion that notice should be
(Effective January 1, 2009) waived for good cause.
2. The court will not receive live testimony
CHAPTER 10 or offers of proof from the moving party. All
PROBATE, CONSERVATORSHIPS, evidence from the moving party must be in writing
GUARDIANSHIPS AND TRUSTS and under penalty of perjury.
3. No written opposition is required.
These rules supplement the Probate Code in a Opposition to the ex parte matter may be given by
few particulars. Pro per parties and counsel are telephone, if arranged in advance with the court.
urged to consult the Probate Code and the Offers of proof may be taken from the opposing
California Rules of Court and to become familiar party. If the court deems it appropriate, live
with the provisions that relate to their matters. testimony will be taken on a subsequent day.
4. An ex parte order will not be granted
RULE 10.00 PROBATE COURT unless (1) an underlying petition has been filed or
PROCEEDINGS GENERAL RULES will be contemporaneously filed; and (2) the relief
A. CODE CITATIONS sought is supported by documentation under
Except for those pleadings filed using Judicial penalty of perjury.
Council legal forms, all petitions, pleadings and 5. Petitions for an ex parte order for sale of
other moving papers filed in each case shall cite on stock or personal property must allege whether the
the first page, in brackets immediately below the property is specifically bequeathed. If bequeathed,
caption, the code section(s) pursuant to which the the consent of the specific legatee to the sale must
pleading is brought. accompany the petition.
B. APPEARANCE 6. As an exception to the above policies,
Appearance of counsel or pro per party is funds may be ordered released from blocked
required in the following situations: accounts by ex parte petition without notice and
1. Contested matters; without appearance, provided that the following
2. Petitions to establish conservatorships; information is included in the petition:
3. Petitions to establish guardianships; a. Overall size of the estate;
4. Petitions to terminate guardianships; b. Amount not in a blocked account;
5. Petitions to confirm sale of property; c. Amount of the bond;
6. All uncontested matters on which d. Amount of the release requested; and
proposed orders have not been submitted to the e. Itemized use of the amount to be
clerk of the court at least three (3) court days prior released;
to the date of the hearing. f. If any portion of the amount to be
C. ORDERS released is not covered by bond, the order must
In all matters to be heard by the court, counsel or include a provision directing that the amount is to
pro per litigants shall prepare and submit be expended only for the purposes stated.
appropriate forms of orders, at the latest, at the time E. BROKERS' COMMISSIONS
of the hearing. The court ordinarily will not allow commissions
D. PETITION FOR EX PARTE ORDER in excess of six (6) percent to brokers entitled to
Ex parte petitions are strongly disfavored. If commissions on the sale of real property.
supported by a substantial showing of need, the Exceptions may be made for good cause shown.
court may issue orders shortening time to set the F. CONTESTED MATTERS
matter for full hearing at the regular probate 1. INTRODUCTION
calendar. When objections are filed to a petition or
1. The court will require the moving party other pleading seeking affirmative relief on the
to give at least twenty-four (24) hours telephone or Probate Calendar, the matter shall become a
facsimile notice or five (5) court days mailing
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Ventura County Superior Court Rules
"contested matter" as the term is used in these rules. accordance with this rule, in the court's discretion
These rules shall apply to all contested matters. the matter will either be continued to allow
2. FILING OF PETITIONS AND compliance with this rule or be decided by the court
CONTESTS AND SETTING A CONTESTED as an uncontested matter.
MATTER FOR HEARING 5. SETTING A CONTESTED
All petitions, will contests, and other MATTER FOR EVIDENTIARY HEARING
pleadings seeking affirmative relief or adjudication Unless the matter is submitted for decision
by the Probate Court shall be filed as soon as the on the pleadings and oral argument at the initial
petitioner knows the facts establishing a claim or hearing, the court in its discretion may take any one
the right to the requested relief. All such matters or more of the following actions:
shall be set for hearing by the clerk of the court as a. SHORT CAUSE MATTER
follows: HEARING. If the court determines that the matter
a. By statute or rule. As required by requires an evidentiary hearing of three (3) hours or
statute or a rule. less (a "hearing"), the court may establish
b. Will contests. A will contest filed guidelines to govern discovery proceedings, if any
before the admission of the will to probate shall are required, and may set the matter for hearing as a
constitute an objection to the petition to admit the "short cause" matter.
will, and the hearing on the petition to admit the If parties desire to submit briefs, they
will shall be continued to a date no less than thirty shall be filed in the Probate Department and faxed
(30) days from the date of filing the will contest, in (in accordance with California Rule of Court 2.306)
order to allow sufficient time to complete service in or personally served on opposing counsel or pro per
the will contest. parties no later than 4:30 p.m. the day prior to the
If all service, including personal service of date set for the short cause hearing.
the summons as required by law, is not completed Due to the "short cause" nature of this
by the date of the continued hearing on the petition hearing, the court will not entertain, receive, or
to admit the will, contestant must file a declaration consider responses to said briefs. The briefs
regarding efforts to complete service at least two (2) submitted are deemed sufficient to allow the parties
court days prior to the hearing. the opportunity to state their positions regarding the
If service is not completed prior to the contested issues to be addressed at the short cause
continued hearing, the court at the hearing may hearing.
further continue the matter or may impose The provisions of Rule 10.00.F.11 do not
sanctions, including the dismissal of the will apply to short cause hearings.
contest. When service has been completed, the will b. TRIAL. If the court determines that
contest shall be set for long cause matters or short the matter will require an evidentiary hearing of
cause hearing pursuant to these rules. The petition more than three (3) hours (a "long cause matter"),
to admit the will shall be continued until the court the court may set the matter for a case management
date on the will contest. conference no later than forty-five (45) days after
3. SERVICE OF NOTICE the date of the initial hearing (See Rule 10.00.F.6).
All notice requirements on contested c. SPECIAL AT ISSUE HEARING. If
matters, including personal service when required, the court is unable to determine whether the matter
shall be completed prior to the date of the hearing should be set for a short cause hearing or for a case
(whether the hearing date originally assigned to the management conference, the court may set the
matter by the clerk of the court or a later date if the matter for a special at issue hearing within thirty
matter has been continued). If a party on whom (30) days from the date of the initial hearing (see
personal service is required has not been served Rule 10.00.F.7).
timely, a declaration regarding efforts to serve shall d. OTHER PROCEDURAL
be filed at least two (2) court days prior to the ORDERS. If none of the foregoing procedures are
hearing. appropriate for the matter before the court, the court
4. FILING OF OBJECTIONS may make any other procedural orders the court
Objections, including grounds of deems appropriate.
opposition, to any petition or other pleading filed in 6. MEET AND CONFER, JOINT CASE
probate court must be set forth in writing and filed MANAGEMENT REPORT
either as required by statute or, in the absence of If a contested matter is set for a case
specific statutory requirements, at least two (2) management conference, counsel or pro per parties
court days before hearing on the petition or shall:
pleading. If written objection has not been filed in
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Ventura County Superior Court Rules
a. Meet and confer no later than ten (10) involved in the probate matter and that party's
days before the case management conference; and settlement position.
b. Report to the court in writing the 11. TRIAL BRIEFS AND MOTIONS
results of the conference on the form provided by IN LIMINE
the court. All motions in limine and trial briefs shall
7. MEET AND CONFER REGARDING be filed with the clerk of the trial court and faxed
SPECIAL AT ISSUE HEARING (in accordance with California Rules of Court,
No less than five (5) days prior to the section 2.306) or personally served on opposing
special at issue hearing date, counsel or pro per counsel or pro per parties no later than 4:30 p.m.
parties shall meet and confer in an attempt to three (3) court days prior to the date set for trial.
determine whether the matter should be: Opposition pleadings to in limine motions shall be
a. Heard as a short cause matter; filed and faxed (in accordance with California
b. Set for a case management Rules of Court, section 2.306) or personally served
conference; or on opposing counsel or pro per parties no later than
c. Otherwise resolved. 12:00 noon of the court day prior to the date set for
8. CASE MANAGEMENT trial.
CONFERENCE 12. CONTINUANCES
At the case management conference, the A. The Legal Research section receives
court may take any one or more of the following all of the probate files for calendared matters
actions: approximately fourteen (14) days preceding the
a. Determine whether or not all hearing date. The Legal Research attorneys must be
applicable procedures have been complied with notified by telephone as soon as possible when a
and, if not, order appropriate remedial action, matter is to be continued or placed off calendar in
including the imposition of sanctions considered order to avoid unnecessary review. Once a tentative
appropriate in the court's discretion; ruling has been issued, all continuances must be
b. Set the following dates based upon requested by a Request for Continuance (local
review of the Joint Case Management Report and form), a stipulation and proposed order, or a motion
the representation of counsel or pro per parties; for continuance, not by an informal request to Legal
(i) Trial date; Research.
(ii) Joint disposition conference date; B. All continuances of probate matters
(iii) Discovery cut-off date; shall be for not less than two (2) weeks from the
(iv) Law and motion cut-off date; hearing date. All continuances or off calendar
(v) Settlement conference date, if requests must be made by the moving or petitioning
requested. party, and must be with the agreement of the
c. Make appropriate assignments and opposing party. A stipulation for continuance must
orders upon approval of a written agreement to be filed prior to the continued date. A "Notice of
refer the dispute to a temporary judge or to Continuance," not signed by both parties, has no
arbitration or to a Special Master or Referee or to effect. A non-stipulated continuance or a
mediation. continuance for less than two (2) weeks will be
d. Dispense with any of the procedures granted only on noticed motion, made on an order
provided herein for good cause. shortening time.
e. Direct counsel or pro per parties to C. Once the matter has been reviewed by
submit an order setting forth the dates and Legal Research, no continuances will be granted,
directives of the court. except by order of the court. This applies even if a
9. SETTLEMENT CONFERENCE written stipulation is received prior to the original
In lieu of participating in a long cause hearing date.
MSC in Courtroom 22, parties may stipulate to an D. Once the matter has been reviewed by
attorney who the probate judge may appoint as a Legal Research, it may not be taken off calendar,
judge pro tem. That person will preside over a except by order of the court, or it is otherwise
judicial MSC process. certain that the matter will not be re-calendared.
10. SETTLEMENT CONFERENCE E. When utilizing a Request for
STATEMENT Continuance form, the moving or petitioning party
Three (3) court days before a settlement must notify Legal Research of the requested
conference, each party shall submit to the court or continuance no later than when the Request for
judge pro tem and serve a settlement conference Continuance is submitted to the court.
statement addressing the issues and interests (Revised effective January 1, 2007)
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Ventura County Superior Court Rules
Family Code section 3160 et seq, California Rules b. A declaration showing compliance
of Court, rule 5.210 et seq, and Ventura County or reasons for non-compliance with the notice
Superior Court Local Rules 5.30 et seq. If the required under California Rules of Court, rules
parties are unable to reach agreement, the mediator 3.1203(a) and 3.1204(b).
shall submit a recommendation to the court and c. The original proposed order.
provide a copy to all parties who participated in the 6. The petitioner(s) shall appear at the time
mediation. set for the ex parte hearing and check in with the
C. EX PARTE REQUEST FOR court bailiff or clerk. If no person appears opposing
TEMPORARY GUARDIANSHIP OF A the temporary guardianship, the court may grant or
MINOR PERSON. deny the request without a hearing. If a person
1. The petition for appointment of a appears opposing the request, the court shall hold a
temporary guardian of a minor person may be hearing, on the record.
brought ex parte, provided the court finds a good (Revised effective January 1, 2009)
cause exception to the notice otherwise required
under Probate Code section 2250(e). Any party RULE 10.02 CONSERVATORSHIP
seeking an ex parte order appointing a temporary A. PETITION FOR APPOINTMENT OF
guardian must comply with California Rules of PROBATE CONSERVATOR
Court, rule 7.1012. 1. The petitioner is not required to submit
2. All hearings on requests for ex parte an order appointing a court investigator pursuant to
guardianship orders shall be set with the probate Probate Code Section 1454. There is a general order
guardianship judge’s clerk at least twelve (12) appointing the Ventura County court investigator as
hours prior to the requested date and time for the the investigator for the court in all cases under
hearing. At the time of setting the hearing, the Division 4 of the Probate Code requiring
petitioner shall provide all requested personal appointment of such investigator.
information sufficient to allow the court’s clerk to 2. The Petition for Appointment of
check criminal and child protective services records Conservator (Judicial Council form GC-310), page
of the guardian. four, item 10a, should include the telephone
3. Ex parte hearings for temporary numbers of all relatives within the second degree of
guardianship of a minor person will be set only, in the proposed conservatee or other names listed.
most cases, if the proposed ward is already in the 3. Prior to Letters of Conservatorship
physical custody of the proposed guardian. If a being issued, individual conservators shall purchase
person believes a child is at risk of harm and the the "Handbook for Conservators", view the video
child is not in that person’s physical custody, then "Understanding Conservatorships", and complete
she or he should contact the hotline for reporting and file with the clerk of the court the "Duties of
child abuse operated by the Children and Family Conservator" form (Judicial Council form GC- 348)
Service division of the Ventura County Human and the court’s local form “Confirmation of
Services Agency. Viewing Conservatorship Video (VN-182).
4. Unless otherwise ordered, a party Private professional conservators as
seeking an exparte order appointing a temporary defined in Probate Code section 2341 are not
guardian for a minor person must comply with the required to purchase the handbook and view the
notice required under California Rules of Court, video in every case. They are required to show
rule 3.1203(a). proof including the dates of purchasing the
5. In addition to the other required handbook and viewing of the video. If the
documents, a party seeking an ex parte order handbook and/or video are revised or replaced the
appointing a temporary guardian for a minor person professional conservators will be required to
must submit the following documents no later than purchase the revised handbook and view the revised
12 noon the court day before the ex parte video.
appearance: B. NOTICE, HEARING ON PETITION
a. A declaration showing facts FOR APPOINTMENT
sufficient to allow the court to determine if good 1. Upon filing a petition for appointment
cause exists to find an exception to the notice of a conservator, the clerk shall set the same for
required under Probate Code section 2250(e) and hearing and issue a citation. If service of the
California Rules of Court, rule 7.1012. If a social citation is incomplete on the return date, it cannot
worker has recommended filing the petition because be perfected by continuance and completion of
the child(ren) will be subject to detention, that fact service except by issuance of an amended citation.
shall be included in the declaration. In such circumstances the original citation shall be
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43
Ventura County Superior Court Rules
are entitled to the Investigator’s Report pursuant to conservator or attorney, as well as the difficulty or
Probate Code section 1851. complexity of the case, responsibility assumed, and
a. Objections to the plan may be the urgency demanded.
filed within thirty (30) days after the filing of notice a. Principles by which the
of filing. reasonableness of the requested fees will be
b. The court may schedule a hearing reviewed include:
on the plan if there are objections or if the court (i) Whether conservators have sub-
determines that a hearing would be in the contracted for services that do not require their
conservatee's best interest. level of skills and which can be billed at a lower
4. This local court rule does not apply to hourly rate. These may include bookkeeping,
conservatorships in which the Director of transportation and housekeeping. The appointed
Developmental Services or Public Guardian is conservator shall be responsible to ensure that the
appointed conservator. sub-contractors have social security numbers, and
J. STATUS REPORTS are licensed and insured if operating an automobile
1. Notwithstanding the repeal of the during the course of their duties.
statutory requirement to do so, all conservators (ii) Costs for "overhead", including
must file a status report after the first anniversary of mileage, phone calls and photocopy charges, will
the establishment of the conservatorship and not be found to be reasonable absent extraordinary
biennially thereafter. Status reports shall be filed as circumstances.
separate reports to be included in the conservatee’s (iii) Fewer conservator hours will
confidential file. usually be expected if the conservatee is in a
2. All status reports shall contain the residential care setting rather than in a private
information required in Conservatorship Care Plans home.
as stated in sub-paragraph I above. 3. In appropriate circumstances,
3. If an "Order to Show Cause" (OSC) is particularly where all or a portion of the fee exceeds
issued by the court for failure to file a Status Report the cash on hand in the estate, the court may issue
within the required time, the hearing on the OSC its order imposing a lien for fees on any or all of the
will automatically be dismissed upon the timely assets of the estate, subject to liquidation for
filing of the Status Report. reasons other than satisfaction of the unpaid fee.
K. ORDERS FOR SUPPORT M. APPOINTMENT OF SUCCESSOR
1. Court approval ordinarily is not required CONSERVATOR
to expend funds up to $4,000 per month for the 1. The conservatee’s presence at the
support of a conservatee. Court approval should be hearing for appointment of a successor conservator
sought to expend funds exceeding $4,000 per will not automatically waive the investigation if
month for the support of a conservatee, especially if there is any opposition or other concerns
there is a probability that the estate will be entirely surrounding the circumstances at the time of the
consumed by reason of such payments. petition. In cases where an investigation is required,
2. Prior court approval is required to the petition shall be set for hearing no earlier than
expend money for the support of anyone other than forty-five (45) days following the filing in order to
the conservatee, such as maintenance of dependents provide the court investigator with sufficient time to
of the conservatee and the payment of surplus complete the investigation.
income to the family of a conservatee. 2. Judicial Council form GC-310 must be
3. Notice of hearing must be given under used in all petitions for appointment of successor
Probate Code Section 1460. conservators.
L. FEES N. TERMINATION
Probate Code Sections 2640-2646 govern the When the conservatorship is being
fees of the conservator and attorney. In addition to terminated for reasons other than death, it is
these statutory rules, the following apply: recommended that the attorney of record set a
1. In addition to a narrative of the services termination hearing at least thirty (30) days in
performed and value to the estate, the petition for advance in order to allow time for a court
fees shall set forth the dates, time spent, specific investigator report.
description of services performed and the hourly (Revised effective July 1, 2010)
rate of the person(s) performing the services.
2. The court will review requests for fees
on a case by case basis, considering the experience,
knowledge, expertise and professional status of the
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Ventura County Superior Court Rules
(Revised effective January 1, 1999) the defense believes the search or seizure was
defective.
RULE 11.03 GENERAL RULE FOR 2. Responding papers to Penal Code Section
PRETRIAL MOTIONS IN CRIMINAL CASES 1538.5 motions shall include:
Unless otherwise provided for in these rules all a. A summary of the relevant facts
pretrial motions in criminal cases must be noticed in known or believed to be true, with an explanation
writing and briefed, served and filed in compliance as to the basis for such knowledge or belief.
within the time limits of Rule 4.111 of the b. A discussion of the issues, specifically
California Rules of Court. This rule applies to both stating the theory or theories on which the People
misdemeanor and felony cases. are relying in justifying the search or seizure.
Where pertinent legal authority comes to (Effective July 1, 1998)
counsel’s attention after the filing of his or her
brief, a supplemental brief should be served and CHAPTER 12
filed where time allows. Where supplemental JUVENILE CALENDAR PROCEDURES
briefing is not possible, citations should be supplied
to the court and opposing counsel as far in advance RULE 12.00 STANDING ORDER RE
of the hearing as possible. RELEASE OF JUVENILE DOCUMENTS
Any statement of legal authority upon which the A. Pursuant to Welfare and Institutions Code
party is relying, without written explanation in the Section 827, juvenile records are, with statutorily
body of the points and authorities as to how the created exceptions, confidential. The exceptions are
authority pertains to the specific facts of this case, is created to promote more effective communication
insufficient. among juvenile courts, law enforcement agencies
The court may consider the failure without good and schools to ensure the rehabilitation of juveniles
cause of the moving party to serve and file timely as well as to lessen the potential for delinquency.
points and authorities which conform to these rules Upon petition, and a showing of good cause, the
as an admission that the motion is without merit. court may order access to confidential records to
(Revised effective January 1, 2002) other persons. The purpose of this standing order is
to grant access to juvenile records to persons who
RULE 11.04 PENAL CODE SECTION 995 have a legitimate interest in the rehabilitation of the
MOTIONS minor and the promotion of public safety, without
Points and authorities in support of or the necessity of separately petitioning the court.
opposition to a motion made pursuant to Penal B. Juvenile court records include:
Code Section 995 shall include the following: 1. All documents filed in a juvenile court
1. A summary of the relevant procedural case;
history and/or facts of the case with page and line 2. Reports to the court by probation
references to any transcript or other document to be officers, social workers of child welfare services
relied on at the hearing, except that the People may programs, and court appointed special advocates;
adopt the procedural or factual history contained in 3. Documents made available to probation
the defendant’s moving papers. officers, social workers of child welfare services
2. A discussion of the issues, specifically programs, and court-appointed special advocates in
identifying the legal and factual basis for the party’s preparation of reports to the courts;
position. (Effective July 1, 1998) 4. Documents relating to a child
concerning whom a petition has been filed in
RULE 11.05 PENAL CODE SECTION juvenile court, which are maintained in the office
1538.5 MOTIONS files of probation officers, social workers of child
1. In addition to the requirements of Penal welfare services program, and court-appointed
Code Section 1538.5, moving papers shall include: special advocates;
a. A summary of the relevant facts 5. Transcripts, records, or reports relating
known or believed to be true, with an explanation to matters prepared or released by the court,
as to the basis for such knowledge or belief. probation department, or child welfare services
b. An itemized list of the specific items programs; and
or other evidence sought to be suppressed or 6. Documents, video or audio tapes,
returned. photographs, and exhibits admitted into evidence at
c. A discussion of the issues which juvenile hearings. (W&I Code 827, 828; Rule of
identifies the specific legal and factual reasons why Court 5.552);
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Ventura County Superior Court Rules
C. This standing order shall apply to all D. All county agencies and agencies
personnel of the Ventura County Sheriff’s contracting with the county for the treatment of
Department, all other law enforcement agencies juveniles are authorized to share information with
within the County of Ventura, Ventura County each other as to such juveniles described by
Probation Agency, the Ventura County District sections 300, 601 and 602 of the Welfare and
Attorney’s Office, Ventura County Children’s Institutions Code.
Protective Services, Ventura County Superintendent E. The information released shall be only that
of Schools, and all other persons or agencies who, which is required by the recipient to perform its
at any time, have in their possession juvenile court professional duties and services. However, in
records. regard to the treatment of the minor, this shall be
These persons and agencies may release liberally construed.
information in their possession regarding minors, F. The release of information described
without further court order, to the following: above shall be kept confidential and shall not be
1. The minor; further released to any other person or entity unless
2. The minor’s attorney; they fall within the categories listed above.
3. The minor’s parents or guardian; G. Any requests for information to a person
4. Ventura County District Attorney; or entity not listed above shall be brought, before
5. California Bureau of Investigation and such dissemination, before the juvenile court for the
Identification; County of Ventura and will be considered on an
6. All law enforcement agencies that individual basis.
require it for investigation and reporting purposes; H. Any person or agency listed above is
7. The administrator of any school in authorized to release information to identifiable
which the minor is enrolled or will be enrolled; potential victims or their parents or guardians that a
8. Ventura County Probation Agency; minor constitutes a threat to their person or
9. Children’s Protective Services of property. They may release the name and
Ventura County’s Human Services Agency; description of the minor, his or her whereabouts,
10. California Youth Authority; and the nature of the threat toward the identifiable
11. California Department of Corrections; potential victim.
12. Any California court upon an order I. Regarding release of information to the
from that court; press relating to minor offenders, all persons and
13. Authorized court personnel; agencies listed above may divulge:
14. Hospitals, schools, camps, job corps, 1. Whether or not an arrest has been made;
ranches or placement agencies which require the 2. The offense for which an arrest has been
information for the placement, treatment or made;
rehabilitation of the minor; 3. The disposition of the minor by the law
15. Persons entitled thereto pursuant to enforcement agency;
Vehicle Code sections 20008-20012; 4. The plan to file or not file a petition and
16. The Ventura County Coroner’s officer; the charges alleged in the petition;
17. Ventura County Behavioral Health; 5. The order of the court to detain or not
18. Ventura County Public Health detain;
Services; 6. The date and location of the hearing;
19. Referral agencies participating in the 7. The finding and disposition of the court.
therapy, treatment or supervision of the minor (Revised effective January 1, 2009)
pursuant to the terms of the minor’s dependency or
wardship; RULE 12.00.1 PROCEDURE FOR FILING
20. All California judicial officers having PETITION FOR DISCLOSURE OF
responsibility for the administration of juvenile JUVENILE CASE FILE
court law with respect to the minor; A. Persons and entities not entitled to access to
21. All persons or agencies with whom the juvenile case files under Welfare and Institutions
minor has been or may be placed for custodial care Code section 827, subdivisions (a)(1) and
who require such information for the placement, California Rules of Court, rule 5.552, subdivision
care, treatment or rehabilitation of the juvenile; (b) without a court order may request a court order
22. Members of a multidisciplinary by filing a petition for disclosure using the
personnel team engaged in the duties described in mandatory Judicial Council form JV-570.
Welfare and Institutions Code section 830.1; B. To request a court order authorizing access to
juvenile case files related to dependency matters, a
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Ventura County Superior Court Rules
petition for disclosure using form JV-570 shall be for minors ordered into suitable placement. This
submitted to the juvenile dependency bench officer. standing order is in addition to any other individual
C. To request a court order authorizing access to or standing orders authorizing release of
juveniles case files related to delinquency matters, a information not specifically covered by this
petition for disclosure using JV-570 shall be standing order.
submitted to the juvenile delinquency presiding (Revised effective January 1, 2002)
judge.
D. If the petitioner is not aware whether the child RULE 12.02 JUVENILE DEPENDENCY
is subject to the jurisdiction of the delinquency or A. TIME-LINES AND PROCEDURES
dependency court, the petition shall be submitted to GOVERNING SETTLEMENTS, MEDIATION,
the presiding judge of the juvenile court who shall AND DISCOVERY PROTOCOL FOR
assign the matter to the appropriate bench officer. CONTESTED MATTERS.
E. Upon filing, each petition for disclosure shall 1. Settlements
be assigned a case number beginning with the Upon the calendaring of a contested hearing,
letters JP and all documents filed in connection with the court may, in its discretion, set each matter for a
the petition for disclosure shall be filed under the JP Readiness Conference as near the trial date as will
case number. Unless otherwise ordered, documents most efficiently utilize the resources of the court. In
filed or lodged in the JP case file are protected from addition, if it is the opinion of the court that a
disclosure as a juvenile case files. resolution is possible, the court shall also set the
F. The judge presiding over juvenile dependency matter for a pre-trial conference.
cases is, by standing order, authorized to rule on all 2. Mediation
JV-570 petitions for disclosure of dependency At any time prior to dismissal if there are
related juvenile case files. issues of custody and/or visitation and there is no
(Effective January 1, 2009) issue of risk of harm to the minor(s), the court may
require the parties to schedule and participate in a
RULE 12.01 STANDING ORDER RE mediation with Family Court Services. Parents and
RELEASE OF INFORMATION TO ASSURE minor(s) six (6) years or older must, absent a court
CONTINUITY OF CARE order to the contrary, attend the mediation.
Pursuant to Welfare and Institutions Code Mediation shall be conducted in accordance with
Sections 827 and 5328 and Penal Code Sections the laws, rules, standards, and procedures specified
1543 and 11105, juvenile records are statutorily for Family Law custody and visitation issues,
confidential. In order to assist in the rehabilitation including, but not limited to, the provisions of
of minors and to promote public safety, continuity Family Code section 3160 et seq. California Rules
of care for the minors is essential. To meet this goal of Court, 5.210 et seq. and Ventura County
for minors housed in institutions operated by, or Superior Court Local Rule 5.30 et seq.
under contract with, the Ventura County Probation 3. Discovery Protocol
Agency, or minors ordered into suitable placement, See California Rules of Court, rule 5.546.
the following confidential information shall be B. MISCELLANEOUS RULES
shared, upon request, among the Juvenile Court, REGARDING DEPENDENCY CASES
Ventura County Behavioral Health, Ventura County 1. COURT FILES
Public Health, the contract medical provider for the a. Each minor child who is subject to a
facilities, and the Probation Agency without further dependency petition shall be assigned a separate file
orders from the Juvenile Court: number and a separate court file shall be maintained
1. Medication prescribed for the minor; for each child.
2. General initial and ongoing treatment b. Each new court file created as a result of
needs; a petition filed under Welfare and Institutions Code
3. General information pertinent to release section 300, shall consist of two (2) separate
planning. physical folders, the main folder and the
This standing order shall apply to Ventura Confidential and the Indian Child Welfare Act
County Behavioral Health personnel assigned to (“ICWA”) folder.
juvenile justice, Ventura County Probation Agency c. The confidential and ICWA folder shall
personnel regularly or temporarily assigned to be divided into two (2) separate sections, one
institutions, placement, or other juvenile section where confidential documents are to be
assignments, medical personnel assigned to the filed, and one section where ICWA documents are
facilities, and Ventura County Public Health to be filed.
personnel assigned to complete the health passport
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d. The Confidential section shall contain privately retained by parents shall provide
documents that contain confidential information information to the court as requested regarding
that should not be given to parents and/or children her/his competency to represent clients in
without a further court order, for example, proofs of dependency cases.
service showing confidential foster care D. PROCEDURES TO SCREEN, TRAIN,
information, confidential caregiver information AND APPOINT ATTORNEYS
forms, and confidential de facto parent requests. REPRESENTING PARTIES
The confidential section shall also contain any 1. All public agency and court appointed
privileged information including psychological attorneys who represent parties in juvenile
evaluation reports. The party filing a confidential dependency proceedings shall meet the minimum
document shall be responsible to clearly indicate it standards of training and/or experience set forth in
is a confidential document by stamping or writing these rules. Each public agency and court appointed
in red ink on the front page “Confidential” unless attorney of record for a party to a dependency
otherwise required by law. No parent or dependent matter pending before the court shall complete and
child, absent a court order shall have access to the submit to the court a Certificate of Competency as
confidential part of a dependency file. set forth in Appendix A to these rules. Any public
e. The ICWA section shall contain all agency and court appointed attorney who appears in
documents related to compliance with the Indian a dependency matter for the first time shall
Child Welfare Act which shall be clearly identified complete and submit a Certificate of Competency to
by the party filing the document. the court within 10 days of his or her first
f. All documents not filed in the appearance in a dependency matter.
confidential and ICWA file shall be filed in the 2. Public agency and court appointed
main folder of the file. attorneys who meet the minimum standards of
2. In order to protect the parties’ privacy and training and/or experience as set forth in these rules,
to prevent the inadvertent disclosure of confidential as demonstrated by the information contained in the
psychological information, psychological Certification of Competency submitted to the court,
evaluation reports shall not be attached to a court shall be deemed competent to practice before the
report but shall be separately filed in the juvenile court in dependency cases except as
confidential part of the court’s file. A copy of the provided in subdivision 3 of this rule.
report shall be given to the attorneys for each party 3. Upon submission of a Certification of
before the time of the hearing and the attorneys Competency which demonstrates that the attorney
shall be responsible for the manner of disclosing the has met the minimum standards for training and/or
information to her or his client. experience, the court may determine, based on
3. When submitting documents for filing, in conduct or performance of counsel before the court
cases involving multiple minors, parties shall in a dependency case within the six (6) month
submit one additional copy of the document for period prior to the submission of the certification to
each additional minor named on any document the court, that a particular attorney does not meet
submitted to the court for filing. The clerk will minimum competency standards. In such cases, the
place the additional copies in each minor’s file. court shall proceed as set forth in Rule D4 wherein
4. If any party proposes findings and orders, an attorney fails to comply.
the proposed findings and orders shall be submitted 4. Any public agency or court appointed
to the court separate from any attachments or cover attorney who appears before the court in a
memoranda. dependency case who does not meet the minimum
5. If the court orders a party to prepare standards of training or experience shall notify the
findings and orders, the party shall serve a copy of court to that effect and shall have sixty (60) days to
the proposed findings and orders on all other parties complete the minimum number of hours of training
prior to the time they are submitted to the court. required to fulfill the requirements of these rules. If
C. GENERAL COMPETENCY the public agency or court appointed attorney fails
REQUIREMENT OF COUNSEL WHO to complete such training, the court shall order that
APPEAR IN JUVENILE DEPENDENCY certified counsel be substituted for the attorney who
PROCEEDINGS fails to complete the required training.
All public agency and court appointed attorneys 5. In the case of retained counsel, the court
who appear in juvenile dependency proceedings, shall inquire at that time the attorney first appears
including counsel that represent children, must meet as to her or his competency as defined under
the minimum standards of competence set forth in California Rules of Court rule 5.660(d) and this rule
the California Rules of Court. Attorneys who are and whether a Certificate of Competency has been
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completed and submitted. If the retained attorney or not it is a MCLE provider; a copy of the training
does not qualify as “competent counsel” the court or educational program schedule together with
shall inform the client. The determination whether evidence of attendance at such program; or such
to obtain substitute private counsel shall be solely other documentation as may reasonably be
within the client’s discretion. considered to demonstrate the attorney’s attendance
6. In the case of an attorney who maintains at such program. Attendance at a court sponsored or
his or her principal office outside of this county, approved program will also fulfill this requirement.
proof of certification by the juvenile court of the 3. The attorney’s continuing training or
California county in which the attorney maintains education shall be in the areas set forth in
an office shall be sufficient evidence of competence subdivision l(a) of this rule, or in other areas related
to appear in a juvenile proceeding in this county. to juvenile dependency practice including, but not
E. MINIMUM STANDARD OF limited to, special education, mental health, health
EDUCATION AND TRAINING care, immigration issues, the rules of evidence,
1. An attorney who appears in a dependency adoption practice and parentage issues, the Uniform
matter before the juvenile court who completes a Child Custody Jurisdiction and Enforcement Act,
Certification of Court Competency must meet the the Parental Kidnapping Prevention Act, state and
following minimum training and educational federal public assistance programs, the Indian Child
requirements. Welfare Act, client interviewing and counseling
(a) Within the prior three years, techniques, case investigation and settlement
participated in at least eight (8) hours of training or negotiations, mediation, basic motion practice and
education in juvenile dependency law, which the rules of civil procedure.
training or education shall have included 4. When a certified attorney fails to submit
information on the applicable case law and statutes, evidence that he or she has completed at least the
the rules of court, Judicial Council forms, motions, minimum required training and education to the
trial techniques and skills, writs and appeals, child court by the due date, the court shall notify the
development, child abuse and neglect, substance attorney that he or she will be decertified. That
abuse, domestic violence, family reunification and attorney shall have twenty (20) days from the date
preservation; or of the mailing of the notice to submit evidence of
(b) Have at least six (6) months of his or her completion of the required training or
experience in dependency proceedings in which the education. If the attorney fails to submit the
attorney has demonstrated competence in the required evidence or fails to complete the required
attorney’s representation of his or her clients in said minimum hours of continuing training or education,
proceedings. In the determination of whether the the court shall order, except in cases where a party
attorney has demonstrated competence, the court is represented by retained counsel that certified
shall consider whether the attorney’s performance counsel be substituted for the attorney who fails to
has substantially complied with the requirements of complete the required training.
these rules, and the applicable rules of the F. STANDARDS OF REPRESENTATION
California Rules of Court. 1. Attorneys or their agents are expected to
2. In order to retain his or her certification to meet regularly with clients, including clients who
practice before the juvenile court, each attorney are children, regardless of the age of the child or the
who has been previously certified by the court shall child’s ability to communicate verbally, to contact
submit a new Certificate of Competency to the social workers and other professionals associated
court on or before February 28 of the third year with the client’s case, to work with other counsel
after the year in which the attorney is first certified and the court to resolve disputed aspects of a case
and then every third year thereafter. The attorney without a contested hearing, and to adhere to the
shall attach to the renewal Certification of mandated timelines.
Competency evidence that he or she has completed 2. The attorney for the child must have
at least eight (8) hours of continuing training or sufficient contact with the child to establish and
education directly related to dependency maintain an adequate and professional attorney-
proceedings since the attorney was last certified. client relationship.
Evidence of completion of the required number of 3. The attorney for the child is not required to
hours of training or education may include a copy assume responsibilities of a social worker and is not
of a certificate of attendance issued by a California expected to perform services for the child that are
MCLE provider; a certificate of attendance issued unrelated to the child’s legal representation.
by a professional organization which provides
training and/or education for its members, whether
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G. ATTORNEYS FOR CHILDREN 317(e) and this rule and to otherwise adequately
Appointment of counsel for a child who is the counsel and represent the child. To enhance the
subject of a petition under section 300, and is quality of representation afforded to children,
unrepresented by counsel is required, unless the attorneys appointed under this rule must not
court finds that the child would not benefit from the maintain a maximum full-time case load that is
appointment of counsel. greater than that which allows them to meet
1. In order to find that a child would not requirements set forth in D and E.
benefit from the appointment of counsel, the court J. PROCEDURES FOR THE REVIEW
must find all of the following: AND RESOLUTION OF COMPLAINTS BY
(a) The child understands the nature of the PARTIES REGARDING THE
proceedings; PERFORMANCE OF ATTORNEYS
(b) The child is able to communicate and Complaints or questions by a party regarding
advocate effectively with the court, other counsel, representation in juvenile dependency cases shall be
other parties, including social workers, and other addressed as follows:
professionals involved in the case; and 1. Complaints or questions shall initially be
(c) Under the circumstances of the case, referred to any agency or law firm appointed to
the child would not gain any benefit by being represent the client.
represented by counsel. 2. If the issue remains unresolved, or if there
2. If the court finds that the child would not is no designated agency or law firm, the party may
benefit from representation by counsel, the court submit the complaint to the Presiding Judge of the
must make a finding on the record as to each of the Juvenile Court in writing. The Presiding Judge of
criteria in 1, and state the reasons for each finding. the Juvenile Court may follow one of the following
3. If the court finds that the child would not procedures.
benefit from representation by counsel, the court (a) Conduct its own review of the
must appoint a Court Appointed Special Advocate complaint or question and take appropriate action if
for the child, to serve as guardian ad litem, as required, or
required in Welfare and Institutions Code section (b) Refer the complaint to the State Bar.
326.5. 3. This rule does not preclude any party from
H. COURT APPOINTED SPECIAL complaining directly to the State Bar of California.
ADVOCATE AS GUARDIAN AD LITEM However, parties are encouraged to first seek
(WELFARE AND INSTITUTIONS CODE resolution of the issue using the procedure provided
SECTION 326.5) above.
If the court makes the findings as outlined in F, K. PROCEDURES TO INFORM THE
and does not appoint an attorney to represent the COURT OF INTERESTS OF THE
child, the court must appoint a Court Appointed DEPENDENT CHILD WHICH REQUIRE
Special Advocate (CASA) as guardian ad litem of FURTHER INVESTIGATION,
the child. INTERVENTION, OR LITIGATION.
1. The required training of CASA volunteers At any time following the filing of a petition
is set forth in California Rule of Court 5.655. under Welfare and Institutions Code section 300
2. The caseload of a CASA volunteer acting and until juvenile court jurisdiction is terminated,
as a guardian ad litem must be limited to ten (10) any interested person may advise the court of
cases. A case may include siblings, absent a information regarding an interest or right of the
conflict. child to be protected or pursued in other judicial or
3. CASA volunteers must not assume the administrative forums.
responsibilities of attorneys for children. 1. Judicial Council forms Juvenile
4. The appointment of an attorney to Dependency Petition (JV-100), Modification
represent the child does not prevent the Petition Attachment (JV-180), or a local
appointment of a CASA volunteer for that child and calendaring and declaration form shall be utilized to
the courts are encouraged to appoint both an inform the court and request direction from the
attorney and a CASA volunteer for the child in as court.
many cases as possible. 2. If the attorney for the child, or a Court
I. CASELOADS FOR CHILDREN’S Appointed Special Advocate (CASA) acting as a
ATTORNEYS guardian ad litem, learns of any such interest or
The attorney for a child must have a caseload right, the attorney or CASA must notify the court
that allows the attorney to perform the duties immediately and seek instructions from the court as
required by Welfare and Institutions Code section to any appropriate procedures to follow.
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3. If the court determines that further action any hearing thereafter at which the status of the
on behalf of the child is required to protect or dependent child is at issue.
pursue any interests or rights, the court must 3. Representation of de facto parent.
appoint an attorney for the child if the child is not A de facto parent may be represented by
already represented by counsel, and do one or all of counsel at his or her own expense. A de facto
the following: parent shall not be entitled to appointed counsel
(a) Refer the matter to the appropriate unless the de facto parent makes an express request
agency for further investigation, and require a for appointed counsel and the court finds that the de
report to the court and counsel within a reasonable facto parent is financially eligible for appointed
time; counsel and that appointment of counsel would
(b) Authorize and direct the child's substantially benefit the resolution of issues before
attorney to initiate and pursue appropriate action; the court. No right to appointment of counsel shall
(c) Appoint a guardian ad litem for the exist for the purpose of making the application for
child, who may be the CASA already appointed as de facto parent status.
guardian ad litem, or a person who will act only if 4. Access to juvenile case file.
required to initiate and pursue appropriate action. A de facto parent does not have automatic
(d) Take any other action to protect the access to all documents in the juvenile case file or
interests and rights of the child. to all future reports concerning the dependent child,
(Revised effective January 1, 2007) and is only entitled to obtain access to juvenile case
L. DE FACTO PARENT file documents and information if expressly
The following provisions govern de facto parent authorized by court order. A de facto parent seeking
request filed in dependency court proceedings, access to juvenile case file documents shall include
standings of de facto parents, and duration of status that request in her or his de facto parent request
as a de facto parent. when filed.
1. Application for de facto parent status. 5. Duration of status as de facto parent.
a. De facto parent status will be granted by De facto parent status shall continue only so
the court only upon written request on the long as the bases for granting the request continue
mandatory Judicial Council form. to exist between the de facto parent and the child.
b. Notice of the request and a copy of the De facto parent status automatically terminates
request, unless confidential, will be given to all upon the termination of dependency jurisdiction or
counsel of record by the clerk of the court. upon order of the court.
c. Upon filing the request, the clerk shall M. DISMISSAL AND CUSTODY ORDERS –
set the matter for an initial hearing at the already Subsequent Hearings
scheduled next hearing date in the dependency case, If a dependency case is dismissed with a custody
unless the person filing the request asks the clerk order, at the request of any party, a hearing on an
for an earlier hearing date which shall be no earlier order to show cause to modify the custody order
than 21 days after the request is filed. filed within one year of the dismissal of the
d. Any party may file a response to the de dependency case shall be heard by the judge who
facto parent request. presided over the dismissal of the dependency case
e. In considering the request, the court may who shall hear the matter as a family law case.
rely upon the contents of the dependency file, any N. EX PARTE APPLICATIONS/ORDERS
report filed by the social worker or the CASA 1. An ex parte application to calendar a
advocate for the child, and any other relevant and hearing or to obtain a court order may be made by
admissible evidence presented by the parties. The use of the form entitled Calendaring Request and
court may consider the declaration filed in support Notice; Supporting Declaration and Order or by an
of or in opposition to such application. The court equivalent document which shall be submitted to
may summarily deny the request or set it for an the clerk.
evidentiary hearing. 2. If the Calendaring Request is filed by a
f. An application for de facto parent status party to the case and it seeks a hearing within less
shall not, in itself, constitute good cause for than three days, the hearing shall not be set or
continuing any other hearing in the dependency calendared without court order. If the Calendaring
action. request is filed by a party to the case and seeks a
2. Standing of a de facto parent hearing three or more days after submission, no
If the court grants the application for de facto court order is needed. If a non-party files a
parent status, the de facto parent shall have standing Calendaring Request, it shall not be set for hearing
to participate as parties in disposition hearings and without a court order.
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3. Advance notice to all other parties of the 5. The requesting party may propose a
purpose for seeking an ex parte hearing shall be hearing date to the court at the time the request is
given and proof of such notice shall be filed at the submitted. The court shall be responsible to set the
time the Calendaring Request is submitted to the hearing date.
clerk. 6. If the requesting party is seeking an
4. The Calendaring Request and Notice; immediate change in court orders pending an
Supporting Declaration and Order form is not a evidentiary hearing, that request shall be clearly
substitute foe a Welfare & Institutions Code section stated in the JV-180 request.
388 petition, a formal written motion, or supporting P. VISITATION ORDERS
points and authorities. Unless specified otherwise by the court, the
5. Ex Parte Calendaring Requests may be following definitions shall apply to visitation
used to request orders authorizing: orders.
a. the minor’s travel, 1. “Supervised visits with the minor child
b. termination of life support and do not require the supervisor to be present at all times
resuscitate requests; during the visit and close enough to hear all
c. surgical or other medical procedures discussions between the child and the visitor.
over the religious objections of the parents or in 2. “Monitored” visits with the minor child
cases where the medical professionals refuse to require the monitor to check in on the visit at least
perform the procedure without a court order; and every 15 minutes.
d. for other matters for which there is a 3. “Overnight” visits means up to two (2)
need for immediate orders. consecutive overnight visits at a time.
6. The following requests may be submitted 4. “Weekend” visits means overnight visits on
without notice to other parties: a weekend.
a. Orders for temporary removal of 5. “Extended” visit means up to sixty (60)
prisoners or wards and production as a party. consecutive days and overnights, but shall not be
b. Orders for protective custody bench considered placement.
warrants for dependent children who have run away Q. REQUESTS FOR PSYCHOTROPIC
from the placement or whose whereabouts cannot MEDICATIONS ORDERS
be determined. The following procedures are in addition to the
c. Orders to recall protective custody procedures that must be followed as provided in
bench warrants. California Rules of Court, rule 5.640:
d. Return on a protective custody warrant 1. Social workers shall be responsible to
when the warrant requires the dependent child to submit to the court clerk completed applications
appear in court after being returned to placement. using mandatory Judicial Council forms for
O. REQUEST TO CHANGE A COURT psychotropic medication orders for dependent
ORDER children.
1. A request to change a court order shall 2. The court clerk shall provide a copy to
comply with all laws and rules. Absent a stipulation minor’s counsel who shall indicate agreement with
by all parties, the request must be submitted using the request by initialing the request. If minor’s
form JV-180. counsel objects to the request the reason for the
2. The request shall be submitted to the clerk objection shall be discussed either with the social
of the court who shall forward it immediately to the worker or the treating physician and if the issue
dependency court judge. cannot otherwise be informally resolved, minor’s
3. The judge shall summarily deny the counsel shall notify the court clerk, and the matter
request, set the matter for a hearing on whether a shall be set for hearing.
prima facie showing has been made, or set the 3. Upon submission of a medication request
matter for an evidentiary hearing. to the court to which minor’s counsel has agreed,
4. If the request to change a court order is set the court shall rule upon the request, ex parte. If
for a hearing, and if a party to the dependency case granted, the request and order shall be filed and a
has filed the request, he or she shall be responsible conformed copy of the order returned to the
to give notice to all other parties and to serve a copy prescribing doctor and social worker by the clerk.
of the JV-180 request on all parties. In all other 4. If the court grants the requested order but
cases, the clerk of the court shall give notice of the thereafter receives a timely filed opposition to the
hearing and serve all parties with a copy of the JV- request, that matter shall be set for hearing.
180 request. 5. If a request has been submitted to the court
but not yet decided and the minor has already been
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APPENDIX A
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) FOR COURT USE ONLY
BAR NO.
ATTORNEY FOR (Name)
SUPERIOR COURT OF CALIFORNIA COUNTY OF VENTURA
800 SOUTH VICTORIA AVE., VENTURA, CA 93009
CASE NAME:
CERTIFICATE OF COMPETENCY
TO PRACTICE IN JUVENILE DEPENDENCY
Eight (8) hours of training or education in juvenile dependency law and related subjects as set forth
in the Ventura County Local Rules of Court.
Date Attorney
VERIFICATION
I have read Ventura Superior Court Rule 12.02 and know its contents.
I am an attorney that practices regularly in the Juvenile Dependency Court. The matters stated in the following
document are true of my own knowledge.
I declare under penalty or perjury of the laws of the State of California that the foregoing is true and correct
and that this Verification was executed on , at Ventura, California.
Attorney
CERTIFICATE OF COMPETENCY
TO PRACTICE IN JUVENILE DEPENDENCY
COURT
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with the Executive Officer and Clerk by the party RULE 19.01 JURY COMMISSIONER
making the request. No reporter assignments will be A. APPOINTMENT. In the opinion of a
considered if the deposit has not been made. During majority of the judges the business of the court
trial, it shall be the duty of the party requesting such requires the appointment of a Jury Commissioner.
service to pay to the Judicial Assistant daily, in Pursuant to section 195 of the Code of Civil
advance, the per diem reporting fee prescribed by Procedure the judges have appointed a Jury
the statutes and by this rule, unless the court defers Commissioner for Ventura County who shall have
payment until conclusion of the trial, upon showing the authority, duties and responsibilities and who
a good cause therefor. The court, on its own motion shall perform the functions of a Jury Commissioner
or on motion of any party, may order that the provided for by law and by these rules.
reporting fee be paid by all or any of the parties pro B. DESIGNATION AS "ATTACHE." The
rata, and upon motion of any dissatisfied party, Executive Officer and Clerk shall act as Jury
shall determine the portion of the fee to be paid by Commissioner and is designated as the "attache" of
such parties. The Judicial Assistant shall have the the court to perform the functions set forth in
duty to collect such per diem fees for deposit in the sections 196(a)(b) and (c), 197(a) and (b), 198(a)(b)
Court Reporting Services Trust Fund, for and (c), and 208 of the Code of Civil Procedure.
subsequent deposit to the state Trial Court Trust Said functions may be performed by such Deputy
Fund. Jury Commissioner as may be designated by the
E. If a matter in which reporter services have Executive Officer and Clerk.
been requested is settled, the services of the reporter (Effective January 1, 1997)
waived, or the matter goes off calendar or is
continued on motion of the party depositing the RULE 19.02 JUROR SELECTION PROGRAM
reporter fee, said deposit shall be forfeited unless A. SOURCE LISTS. The most current
the court is notified of such change not later than 12 Ventura County voter registration list, combined
noon on the court day immediately preceding the with the Department of Motor Vehicles list of
date for which the matter is calendared. licensed drivers and identification card holders who
F. If reporting services have been requested are 18 years of age and older, shall constitute the
as described in subsection D, and it appears that a source from which prospective jurors will be
reporter will not be available, the Court Reporter’s selected.
Office must notify the parties at least five (5) days B. RANDOM SELECTION OF
prior to the proceeding, and the deposit of court PROSPECTIVE JURORS. The name of each
reporter fees shall be refunded. prospective trial juror shall be taken by random
G. When reporting services are not available selection from the merged source lists. The program
for a civil case*, the parties may make for random selection shall be designed and
arrangements for the presence of a certified maintained by the vendor, Jury Systems, Inc., with
shorthand reporter to serve as an official pro approval of the Jury Commissioner, to ensure the
tempore reporter pursuant to Rule 2.956 of the random selection of a fair cross section of the
California Rules of Court. It is that party’s persons residing in Ventura County.
responsibility to pay the reporter’s fee for C. EXCUSE FROM JURY SERVICE. The
attendance at the proceedings, but the expense may Jury Commissioner shall determine the statutory
be recoverable as part of the costs, as provided by qualifications of each prospective trial juror. He/she
law. shall exclude from the certified jury lists any person
*Definitions pursuant to CRC 2.956(e): he/she shall find is not statutorily competent to
“Civil case” includes all matters other than criminal serve, and shall excuse from jury service such
and juvenile matters. prospective trial juror who in his/her determination
(Amended effective January 1, 2010) qualifies for excuse under sections 204(b) and 218
of the Code of Civil Procedure, provisions of the
CHAPTER 19 Standards of Judicial Administration, California
JURY SERVICES Rules of Court, and of these rules. The Jury
Commissioner may, upon request, defer the service
RULE 19.00 PURPOSE of a prospective juror for good cause, or may
The purpose of this rule is to supplement the excuse a prospective juror from service altogether,
applicable California statutes and State Court Rules for any of the following reasons:
regarding jurors and jury service. 1. The prospective juror qualifies for excuse
(Effective January 1, 1997) from service on the basis of one of the categories
set forth in Code of Civil Procedure sections 203
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Ventura County Superior Court Rules
and 204, and rule 2.1008 of the California Rules of to the General Services Agency for the County of
Court. Ventura to print and mail summons for a sufficient
2. Other circumstances constituting undue number of prospective trial jurors as h/she
hardship within the meaning of the statutes, determines to be required to provide adequate jury
Standards of Judicial Administration, or rules of services to the courts for a particular time period.
this court apply to the prospective trial juror, as Each person will be summoned by first class mail to
determined by the Jury Commissioner and/or attend the court for service as a member of a trial
Presiding Judge of the court. jury panel, or alternatively to remain on telephone
D. PROCEDURE FOR EXCUSE FROM standby for five (5) court days. Once a juror has
JURY SERVICE. A request for excuse from jury been selected to serve on a trial, discharge will be
service shall be addressed to and determined by the made by order of the court. Jury service is one jury
Jury Commissioner. All requests for excuse must be trial or one day of service.
in writing pursuant to Section 218 of the California C. TRIAL JURY ASSIGNMENTS. Upon
Code of Civil Procedure. The Jury Commissioner each appearance of a juror in either the jury
will grant or deny written requests for excuse assembly room or a department of the court, a
pursuant to the Jury Excuse and Deferral Policy record of attendance will be maintained by the Jury
established by the Jury Reform Committee of the Commissioner or Judicial Assistant in attendance.
Superior Court of California, County of Ventura. Confirmation of appearance forms for prospective
The Jury Commissioner may refer any request to jurors attending as members of the trial jury panel
the Presiding Judge or designated representative for will be prepared and distributed by the Jury
his/her determination. In the event the Jury Commissioner. Courtroom staff will sign the forms
Commissioner should deny his/her request for daily confirming appearance for each trial juror in
excuse the prospective trial juror may request and attendance when ordered to return for additional
shall be entitled to review and reconsideration by days of jury selection or trial.
the Presiding Judge or designated representative. D. ASSIGNMENT AND SELECTION
The disposition of the request and the reasons PROCEDURE DURING TRIAL. Following
therefor shall be noted upon appropriate records assignment of prospective jurors to a department of
maintained by the Jury Commissioner. the court for impanelment and service in a
E. ANNUAL TRIAL JURY LIST/OR particular trial, the Jury Commissioner or assigned
MASTER JURY LIST. The Jury Commissioner deputy shall maintain communication with court
shall prepare a new master jury list at least once attaches and shall provide supplemental jurors as
during any consecutive twelve (12) months. The may be required by the court during the
number of names to be placed on such master jury impanelment procedure. Prior to and immediately
list shall be determined by the Jury Commissioner. upon impanelment of the trial jury, court attaches
F. SUPPLEMENTAL LISTS. Should the shall contact the Jury Commissioner or assigned
judges of the court require supplemental lists of deputy for instructions regarding reassignment of
prospective trial jurors who have been qualified as unselected jurors, before such jurors are excused
provided by law and by these rules, such lists shall from further service for the day. The Jury
be prepared and submitted to the judges of the court Commissioner may reassign any non-selected or
in the same manner as provided in section 204(E) otherwise unassigned trial juror to any other
above. department of the court's trial calendar for the
(Revised effective January 1, 2007) remainder of that day.
(Revised effective July 1, 2003)
RULE 19.03 JUROR PROCESSING RULE 19.04 SPECIAL VENIRE
PROGRAM Nothing contained in the foregoing rules shall
A. The following program is adopted by the preclude the Jury Commissioner, upon order of the
court for the maintenance of panels of qualified court, from summoning to the court pursuant to
prospective trial jurors from which jurors shall be law, a special venire for jury service in a particular
drawn as necessary for the conduct of jury trials in case.
all departments of the court, which program shall be (Effective January 1, 1997)
known as the "juror processing program."
B. DRAWING NAMES: SUMMONS. The RULE 19.05 DISCHARGE OF JUROR FROM
Jury Commissioner will generate a random draw of SERVICE
names from the Master Jury List established in Jury Prospective jurors may be excused from further
Systems, Inc., Next Generation software. Once jury service for a period of twelve (12) months
drawn, the names will be transmitted electronically following discharge. Jurors shall be considered as
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discharged within the meaning of said section, which the jury selection begins, and until the jury is
when any one of the following has occurred: discharged.
A. Served on one trial until discharged. C. PAYMENT OF FOOD AND LODGING
B. Been assigned on one day to one or more EXPENSES. In unusual circumstances a party who
trial departments for jury selection and served demands a jury trial in a civil action shall, upon
through the completion of jury selection or until request of the clerk or bailiff, advance the amount
excused by the jury commissioner. determined by the trial judge to be reasonably
C. Attended court but was not assigned to a necessary to pay the cost of food, lodging, and
trial department for selection of a jury before the other necessities of the jurors while they are kept
end of that day. together during the trial and until they are
D. Served one day on call. discharged by the court. The monies shall be paid to
E. Served no more than five (5) court days on the bailiff in charge of the jury and any amount
telephone standby. remaining after payment of such expenses shall be
(Revised effective January 1, 2001) returned with appropriate receipts to the party.
Failure to advance such costs upon request of the
RULE 19.06 RESERVED FOR COURT USE court shall be deemed a waiver of trial by jury and
the court may in its discretion proceed to judgment
RULE 19.07 SELECTION OF GRAND without a jury or, upon such terms as may be just,
JURORS with a jury.
Grand jurors shall be selected in accordance with (Revised effective January 1, 1999)
the provisions of applicable statutory authority and
the following rules: RULE 19.09 JURY INSTRUCTIONS
A. JURY COMMISSIONER TO A. PROPOSED PATTERN JURY
FURNISH LIST. The Jury Commissioner shall, INSTRUCTIONS. In jury trials the instruction
upon request of the Presiding Judge, furnish the forms contained in the most recent editions of
judges of the superior court on or before June 15 of "Judicial Council of California Jury Instructions"
each year a list of persons qualified to serve as (CACI) and "Judicial Council of California
grand jurors during the ensuing fiscal year and shall Criminal Jury Instructions" (CALCRIM) should be
perform this function pursuant to the provisions of used when applicable, unless the judge finds that a
sections 903.1, 903.2, 903.3, and 903.4 of the Penal different instruction would more accurately state the
Code. law and be understood by jurors, as provided in
B. NOMINATION OF PERSONS BY California Rules of Court, rule 2.1050. All
SUPERIOR COURT JUDGES. Each judge of the instructions should be accurate, brief,
superior court shall have the right annually and understandable, impartial, and free from argument.
prior to a date determined annually by the Jury A proposed pattern jury instruction that has been
Commissioner to nominate in writing to the modified by a party shall specify in parentheses or
Presiding Judge persons deemed suitable and other appropriate manner the respect in which the
competent to serve as grand jurors for the ensuing instruction has been modified. It shall be the duty
fiscal year. and responsibility of counsel proposing a pattern
C. APPROVAL BY MAJORITY OF instruction to complete all blanks contained in it
SUPERIOR COURT JUDGES. The judges of the necessary for the purpose of the instruction. Failure
superior court shall meet during June of each year to do so shall be deemed by the court as sufficient
and by majority vote, select the members of the cause to refuse the proposed instruction.
panel from which the grand jurors to serve during B. ADDITIONAL INSTRUCTIONS
the ensuing fiscal year shall be selected. DRAFTED BY COUNSEL. Counsel may draft
(Revised effective January 1, 1998) and submit additional proposed instructions. Each
shall be numbered in consecutive order and indicate
RULE 19.08 JURY FEES AND EXPENSES the party upon whose behalf it is requested. Failure
A. IN GENERAL. At no time shall the to cite on any such instruction the authorities relied
members of the jury be informed as to which party upon to support giving it shall be deemed by the
is paying fees, mileage or other costs. court as sufficient cause to refuse the proposed
B. FEE AND MILEAGE OBLIGATION. instruction.
Obligation for payment of jury fees and mileage at C. METHOD OF FILING PROPOSED
the rate provided by law for the jurors selected and INSTRUCTIONS WITH TRIAL JUDGE. In all
sworn to try a civil case shall be paid by the party jury trials counsel shall present to the courtroom
demanding the jury commencing with the day on judicial assistant a document setting forth in the
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usual manner the title of the court, title and number CHAPTER 21
of the action, and title of the document, namely, COUNSEL SERVICES AND FEES
"Instructions requested by__________." A copy of
the document shall be served upon each of the other RULE 21.00 IN A TORT CASE INVOLVING
counsel in the case. The document shall list by MINOR, INSANE OR INCOMPETENT
number the CACI and/or CALCRIM instructions PERSON
requested by counsel and counsel shall attach to the Counsel fees in excess of the following schedule
original list, all instructions requested. ordinarily will not be considered reasonable in tort
D. TIME FOR DELIVERY OF actions under section 372 of the Code of Civil
PROPOSED INSTRUCTIONS TO COURT. The Procedure or section 1431 of the Probate Code.
court shall require counsel to comply strictly with A. SETTLEMENT MORE THAN TWO
the provisions of section 607(a) of the Code of (2) WEEKS PRIOR TO TRIAL. Twenty-five
Civil Procedure and section 1093.5 of the Penal (25%) percent of the net amount recovered.
Code. B. DISPOSITION WITHIN TWO (2)
(Revised effective January 1, 2007) WEEKS OF, DURING OR AFTER TRIAL.
Thirty-three and one-third percent (33 1/3%) of the
RULE 19.10 RELEASE OF CONFIDENTIAL net amount recovered.
JUROR INFORMATION C. SETTLEMENT AFTER THE FILING
Information contained on each juror information OF RESPONDENT'S BRIEF ON APPEAL OR
card (address, telephone numbers, occupation and AFTER AFFIRMANCE. Forty percent of the net
place of employment) will be considered amount recovered.
confidential information and will not be released to D. COMPUTATION OF FEES. In
other than authorized court personnel. computing fees the court will require parents
Any person, other than those authorized, claiming reimbursement for medical expenses, etc.,
requesting such confidential information must make to pay their proportionate share of the counsel fees
application to the court, stating the reasons why except in cases of hardship. Reasonable costs
such information should be made available. The incurred or paid by the counsel that are itemized
Jury Commissioner will make the information and accompanied by appropriate vouchers, or other
available only upon order or other direction of the supporting evidence, will be allowed excepting they
judge hearing the case or the Presiding Judge. shall not be included in the amount of the
(Effective January 1, 1997) settlement or judgment on which fees are computed,
i.e., legal costs are deducted from the gross
CHAPTER 20 settlement and attorney fees computed on the new
COURT INTERPRETING SERVICES amount.
(Effective January 1, 1997)
RULE 20.00 INTERPRETERS LIST OF
COURT APPROVED INTERPRETERS. RULE 21.01 IN AN ACTION ON A
The Executive Officer and Clerk shall maintain PROMISSORY NOTE, CONTRACT
for public examination a list of court approved PROVIDING FOR THE PAYMENT OF
interpreters and their particular languages. COUNSEL FEES AND FORECLOSURE
(Effective January 1, 1997) The following counsel fees shall be awarded
under normal circumstances in an action on a
RULE 20.01 COURT INTERPRETING promissory note, contract providing for the payment
SERVICES of counsel fees and foreclosure:
Establishment of competency. Any interpreter A. DEFAULT ACTION ON NOTE OR
whose services are used in the court will be CONTRACT. Exclusive of costs:
required to be certified as to their competency Any part of first $1,000 - $250
before they may perform such service unless in a 20 percent of next $4,000
particular case the court should waive this 15 percent of next $5,000
requirement. Such certification will be granted upon 10 percent of next $5,000
approval of the court after the competency of the 5 percent of next $35,000
interpreter has been satisfactorily established by 2 percent of next $50,000
examination or such other suitable means as shall 1 percent of the amount over $100,000.
be determined by the court. Unlawful Detainer $450.
(Effective January 1, 1997)
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In an action upon a contract providing for agency or department requesting court appointment
counsel fees the Executive Officer and Clerk shall of the expert.
include in the judgment counsel fees in accordance (Revised effective January 1, 1999)
with this schedule, not to exceed the amount prayed
for. CHAPTER 23
B. FORECLOSURE OF MORTGAGE OR AMERICANS WITH DISABILITIES ACT
TRUST DEED. The same amount as computed
under subdivision (A). RULE 23.00 ACCESSIBILITY TO THE
C. FORECLOSURE OF ASSESSMENT VENTURA COUNTY COURTS BY PERSONS
OR BOND LIEN RELATING TO A PUBLIC WITH DISABILITIES
IMPROVEMENT. The same amount as computed (Deleted effective January 1, 1999)
under subdivision (A).
(Revised effective July 1, 1999) CHAPTER 24
VOLUNTARY EARLY CIVIL MEDIATION
RULE 21.02 COURT APPOINTED COUNSEL
AND PUBLIC DEFENSE SERVICES RULE 24.00 VOLUNTARY EARLY CIVIL
A. DETERMINATION OF ATTORNEY MEDIATION
COMPENSATION AND NECESSARY The court requires that in any civil case the
EXPENSES OF DEFENSE. In each case in which parties consider voluntary early mediation of their
a person has been furnished services of counsel or dispute. Those parties who participate in Voluntary
other defense services at public expense, upon Early Civil Mediation are subject to the following
conclusion of the proceedings the court shall make rules, limitations and benefits.
a determination of the county cost incurred for (Effective July 1, 2005)
attorney compensation and necessary expenses of
defense. Counsel shall be prepared at that time to RULE 24.01 DISCOVERY TIMELINES
submit an approved form of client financial For those cases in which the parties and their
statements and itemized information as to the time counsel agree to participate in Voluntary Early
devoted to the case, expenses incurred and all Civil Mediation, all fast-track deadlines and all
claims made and compensation received in discovery other than permitted under this chapter
connection with the case. Expenses will not be are stayed for a period of 150 days from the date of
considered reasonable unless authorized by the filing of all defendants’ answers.
court before they are incurred. A. The limitations on discovery hereinafter
(Revised effective January 1, 1999) described are without prejudice to completion of
any and all discovery permitted by statute or rule of
CHAPTER 22 court at the conclusion of either the 150-day tolling
COURT-APPOINTED EXPERT SERVICES period, or the completion of three (3) hours of
AND FEES voluntary mediation, whichever is earlier.
(Effective July 1, 2005)
RULE 22.00 EXPERT SERVICE FEES
Fees and expenses of court-appointed experts for RULE 24.02 DISCOVERY DURING
services rendered pursuant to this chapter, shall be MEDIATION PERIOD
as prescribed by written contract with the court, by Discovery during the 150-day Voluntary Early
statute or other rule of this court or, where not so Civil Mediation Program stay is limited to that
prescribed, by the most recent "Service Vendor discovery permitted under Code of Civil Procedure
Rate Schedule" adopted by the judges of the court, Section 94. Parties may stipulate to additional
a majority concurring. Where fees for any expert discovery.
service are neither provided by contract, statute, A. The 150-day discovery
court rule or the "Service Vendor Rate Schedule", limitation/voluntary early civil mediation window
they shall be prescribed by the appointing judge. will be added on to the fast-track dealines otherwise
Fees and expenses for expert services shall be paid required by law or rule of court at the conclusion of
from the budget of the court only where so the 150-day time period, or the voluntary early civil
specifically prescribed by statute, or where the court mediation, whichever is earlier. Parties may not
has made the appointment on its own motion or stipulate to extend the 150-day time period.
pursuant to statutory requirement. Such fees shall
otherwise be paid from the budget of the county
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B. Discovery disputes during the Voluntary services per case at the rate of $150 per hour to be
Early Civil Mediation Program are to be resolved shared equally by all participating parties.
informally by the meet and confer process. C. All mediators on the pro bono panel shall
(Effective July 1, 2005) have completed at least twenty-five (25) hours of
formal mediation training by a recognized
RULE 24.03 SERVICE OF QUESTIONNAIRE mediation training/education provider, and agree
All plaintiffs, in any civil lawsuit filed after July further to provide brief review, preparation time
1, 2005, are required to serve the following form and three (3) hours of hearing time to the parties on
with the summons and complaint: a pro bono basis and pursuant to such further rules
A. Ventura Superior Court Voluntary Early as may be designated for mediators by the Ventura
Civil Mediation Questionnaire (VN-183). Superior Court.
D. To be eligible to appear on the “party pay”
RULE 24.04 MEET AND CONFER panel, the mediator shall have completed twenty-
The parties, or their counsel, if the parties are five (25) hours of formal mediation training and
represented, are required to meet and confer, at least have participated as mediator in at least twenty-five
by telephone, to discuss their collective voluntary (25) court assigned mediations from any superior
participation in the Ventura Superior Court court with a minimum hearing time of two (2) hours
Voluntary Early Civil Mediation Program. each. Mediators who have previously met this
A. The parties or their counsel are required to requirement through prior service on the court’s
file with the court the Ventura Superior Court mediation panel will be eligible.
Voluntary Early Civil Mediation Program (Effective July 1, 2005)
Questionnaire (VN-183) indicating whether the
parties agree to “opt-in” to, or decline to participate RULE 24.06 REQUIRED FORM AT FIRST
in that program. RESPONSIVE PLEADING OF THE LAST
B. The Ventura Superior Court Voluntary DEFENDANT
Early Civil Mediation Program Questionnaire (VN- Unless the parties have formally declined to
183) must be executed by all parties or their counsel participate in the Ventura Superior Court Voluntary
and filed no later than thirty-five 35 days from the Early Civil Mediation Program, the parties shall
time of the last appearing defendant’s answer. Any complete and file with the court a Ventura Superior
party’s failure to file the questionnaire may result in Court Voluntary Early Civil Mediation Report (VN-
the court setting the matter for an Order to Show 184), notifying the court of the name, address and
Cause Hearing requiring the parties to appear and telephone number of the mediator selected no later
imposing monetary sanctions. than thirty-five (35) days from the filing of the last
If the parties are declining to participate in the defendant’s responsive pleading. It is the
program and plaintiff is unable to obtain the responsibility of the parties to select a mediator and
signature of any defendant, a declaration explaining to contact the mediator and schedule the date for the
the circumstances must be filed with the mediation hearing to take place.
questionnaire. Any defendant failing to execute the (Revised effective January 1, 2009)
form will be required to appear at an Order to Show
Cause Hearing and will be subject to monetary RULE 24.07 MEDIATOR REPORT
sanctions. At the conclusion of the mediation, the mediator
(Revised effective January 1, 2009) shall file Judicial Council form Statement of
Agreement or Non-agreement (ADR-100) within
RULE 24.05 MEDIATOR PANELS ten (10) days of the conclusion of the mediation.
The Ventura Superior Court will provide to the (Revised effective January 1, 2009)
parties electronically a two-tiered panel of
mediators. That two-tiered panel will consist of a RULE 24.08 MEDIATION COMPLETION
panel of pro bono mediators and a panel of “party All mediations under this program shall be
pay” mediators. completed no later than 150 days from the first
A. All mediators on the “party pay” panel appearance of the last defendant.
shall agree to mediate not less than one (1) pro A. Parties who have agreed to participate in
bono case per calendar quarter to remain eligible to the Ventura Superior Court Voluntary Early Civil
serve on the “party pay” panel. Such mediation Mediation Program may withdraw only upon the
shall be for not less than three (3) hours. filing of an ex-parte application and order approved
B. Those mediators on the “party pay” panel by the court.
will similarly provide three (3) hours of mediation (Effective July 1, 2005)
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APPENDIX II
Ventura Courthouse, Second Floor, Hall of Justice, 800 South Victoria Avenue, Ventura, CA. 93009
East County Courthouse, 3855 - F. Alamo Street, Simi Valley, CA 93063-2110
Juvenile Courthouse, 4353 Vineyard Avenue, Oxnard, CA 93036
Ventura Courthouse, Appeals (805) 654-2269 East County Courthouse, Civil & Family Law (805)582-8086
Ventura Courthouse, Civil (805) 654-2609 East County Courthouse, Small Claims (805)582-8078
Ventura Courhouse, Criminal/Traffic (805) 654-2611 East County Courthouse, Traffic (805)582-8080
Ventura Courthouse, Family Law (805) 654-2261 Civil FAX Filings Activation (800)322-4945
Ventura Courthouse, Records (805) 654-2880 Ventura Civil FAX Filings (800)530-3202
Ventura Courthouse, Small Claims (805) 654-2610 East County Civil FAX Filings (800)530-3195
Juvenile Courthouse, Juvenile (805) 981-5977
Juvenile Courthouse, Probate (805) 981-5706
Web Site www.ventura.courts.ca.gov
CODE TOTAL
SECTION FEE DUE
1
Fee changes pursuant to the Uniform Civil Fees and Standard Fee Schedule Act of 2006 (Stats. 2005, ch. 75(AB) 145)) and
AB 1248 (Stats. 2007, ch 738) and SB1407 (Stats. 2008. ch 311).
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CODE TOTAL
SECTION FEE DUE
13. Amendment of complaint or of other first paper increasing amount at issue from
$10,000 or less to more than $10,000 (but not exceeding $25,000 GC 70613.5(a) ................. $125.00
14. Cross-complaint or amendment of cross-complaint increasing amount at issue from
$10,000 or less to more than $10,000 (but not exceeding $25,000) ......................................... $125.00
15. Amended complaint, cross-complaint, or amended cross-complaint that reclassifies
case from limited civil to unlimited civil (CCP 403.60) GC 70619 .......................................... $140.00
16. Complaint or other first paper within small claims jurisdictional limit filed by assignee
of record (with declaration) B&P 6322.1(c)(1), GC 70613(b), CCP 116.420 .......................... $181.00
17. Answer or other first paper filed by each party other than plaintiff (case filed by
assignee within small claims jurisdiction limit, with declaration)
B&P 6322.1(c)(1), GC 70614(b), CCP 116.420 ....................................................................... $181.00
18. Amendment of complaint or other first paper filed by assignee of record increasing
amount at issue from within small claims limit to more than $10,000 (but not
exceeding $25,000) GC 70613.5(a) .......................................................................................... $149.00
19. Cross-complaint or amendment of cross-complaint in case filed by assignee with
declaration, increasing amount at issue from within small claims limit to more than
$10,000 (but not exceeding $25,000) GC 70613.5(b) .............................................................. $149.00
OTHER LIMITED FILING FEES (both Limited and Unlimited Civil Cases)
20. Additional fee for case designated as complex (plaintiff) GC 70616(a) ................................... $550.00
21. Additional fee for case designated as complex (for each defendant) ($10,000 cap)
GC 70616(b) ............................................................................................................................. $550.00
22. Complaint, response, or other first paper filed on behalf of public entity
(but fee is recoverable with judgment under GC 6103.5) GC 6103.......................................... No fee
23. Amended complaint or amended cross-complaint (other than one that changes amount
at issue to reclassify case or require fee difference paid in limited civil case under GC
70613.5) CCP 472 ..................................................................................................................... No fee
24. Action t to compel registration of voters Elec. 2142 ................................................................. No Fee
25. Request for order to require counting of provisional ballots Elec. 14310................................. No Fee
26. Petition for forfeiture where claim has been filed with district attorney for impounded
vehicle Veh. 14607.6(e)(4) ....................................................................................................... $100.00
27. Abstract of judgment rendered from another court (unless filed with an application for
order of sale of a dwelling under CCP 704.750 or with an application for order of
examination under CCP 708.160) GC 70626(b)(2) .................................................................. $ 30.00
28. Issuing commission to take deposition out of state under CCP 2026.010
GC 70626(b)(5) ......................................................................................................................... $ 30.00
29. Filing and entering award under Worker’s Compensation Act GC 70626(b)(6) ...................... $ 30.00
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CODE TOTAL
SECTION FEE DUE
36. Motion or other paper requiring a hearing, including GC 70617(a) ......................................... $40.00
37. Motion listed under CCP 1005(a)(1)-(12) GC 70617(a) ........................................................... $40.00
38. Motion or application to continue a trial date GC 70617(a) ..................................................... $40.00
39. Discovery motion under CCP 2016.010 et seq. GC 70617(a) .................................................. $40.00
40. Motion for new trial GC 70617(a) ............................................................................................ $40.00
41. Ex parte application requiring a party to give notice of the ex parte
appearance to other parties GC 70617(a) .................................................................................. $40.00
42. Motion for summary judgment or for summary adjudication GC 70617(d) ............................. $200.00
43. Application to appear as counsel pro hac vice (GC 70617(e)).................................................. $250.00
44. Reclassification of limited jurisdiction case to unlimited jurisdiction
(CCP 403.060) .......................................................................................................................... $140.00
45. Change of venue (payable to superior court from which the transfer was requested)
(a separate check with the initial filing fee for the court to which the case will be
transferred is also required) GC 70618 ..................................................................................... $50.00
46. Request, application, or motion for, or notice of, continuance of hearing or case
management conference GC 70617(c)(1) ................................................................................. $20.00
47. Stipulation and order GC 70617(c)(2) ...................................................................................... $20.00
48. Request for order authorizing service of summons by posting (CCP 415.45) or by
publication (CCP 41550) GC 70617(c)(3) ................................................................................ $20.00
49. Amended notice of motion GC 70617(b)(2) ............................................................................. No fee
50. Civil case management statement GC 70617(b)(3) ................................................................... No fee
51. Request for trial de novo after judicial arbitration GC 70617(b)(4) ......................................... No fee
52. Stipulation that does not require an order GC 70617(b)(5)....................................................... No fee
53. A request for entry of default or default judgment GC 70617(b)(8) ......................................... No fee
54. Jury deposit for first day of trial (amount set by court, up to $150) CCP 631(b) ..................... $150.00
55. Subsequent jury deposits (amount set by court) CCP 631(c) .................................................... $150.00
56. Court reporter per diem fees (amount set by court) GC 68086(a)(1)-(3) .................................. $274.00
57. Extra court reporter (amount set by court) GC 69953.5............................................................ $274.00
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CODE TOTAL
SECTION FEE DUE
61. Issuing writ of attachment, writ of mandate, writ of execution, writ of sale, writ of
possession, writ of prohibition, writ of restitution, or any other writ for enforcement
of an order or judgment GC 70626(a)(1) .................................................................................. $25.00
62. Issuing abstract of judgment GC 70626(a)(2) ........................................................................... $25.00
63. Issuing an order of sale GC 70626(b)(1)................................................................................... $30.00
64. Application for order of sale of a dwelling (CCP 704.750) GC70617(a)(7) ............................ $40.00
65. Application for examination of third person controlling defendant’s property
(CCP 491.110, CCP 491.150) GC 70617(a)(3) ........................................................................ $ 40.00
66. Application for order for judgment debtor examination (CCP 708.110, CCP 708.160).
No separate fee is charged for filing the abstract of judgment with the application
GC 70617(a)(6) ......................................................................................................................... $40.00
67. Certificate of satisfaction of judgment (CCP 724.100) GC 70626(a)(3) .................................. $25.00
68. Filing claim for $1,500 or less CCP 116.230(b)(1)................................................................... $30.00
69. Filing claim for more than $1,500 but less than or equal to $5,000 CCP 116.230(b)(2) .......... $50.00
70. Filing claim for more than $5,000 but less than or equal to $7,500 (claim
by natural persons only) CCP 116.230(b)(3) ............................................................................ $75.00
71. Filing claim by person who has filed more than 12 small claims in California
within the previous 12 months CCP 116.230(c) ....................................................................... $100.00
72. Amendment raising amount of claim from $1,500 or less to more than $1,500 but not
exceeding $5,000 CCP 116.230(d)(1) ....................................................................................... $20.00
73. Amendment raising amount of claim from more than $1,500 but not exceeding $5,000
to more than $5,000 but not exceeding $7,000 (claim by natural persons only) CCP
116.230(d)(2) ............................................................................................................................ $25.00
74. Amendment raising amount of claim from $1,500 or less to more than $5,000 but not
exceeding $7,500 (claim by natural persons only) CCP 116.230(d)(3) .................................... $45.00
75. Service by clerk for certified mail, to each defendant CCP 116.232 ........................................ $10.00
76. Transfer of case out of small claims court (defendant’s claim exceeding
jurisdictional limit) no receiving court filing or transfer fee) CCP 116.390 ............................. No fee
77. Request for postponement of hearing, if defendant has been served, or before service
on defendant if a prior postponement was granted CCP 116.570 ............................................. $10.00
78. Notice of appeal of small claims case CCP 116.760 ................................................................. $75.00
79. Motion to vacate CCP 116.745 ................................................................................................. $20.00
80. Fee for payment of judgment to court CCP 116.860 ................................................................ $20.00
81. Application for order of examination of judgment debtor GC 70617(a)(6),
CCP 116.820 ............................................................................................................................. $40.00
82. Writ of execution GC 70626(a)(1), CCP 116.820 .................................................................... $25.00
83. Abstract of judgment GC 70626(a)(2), CCP 116.820 ............................................................... $25.00
84. Petition or other first paper (including a joint petition) for dissolution of marriage
or domestic partnership, legal separation, or nullity GC 70670(b) ........................................... $355.00
85. Response or other first paper filed in response to petition for
dissolution of marriage or domestic partnership, legal separation,
or nullity GC 70670(d) .............................................................................................................. $355.00
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CODE TOTAL
SECTION FEE DUE
FAMILY LAW FEES (cont’d)
86. First paper in family law matter other than dissolution of marriage or
domestic partnership, legal separation, or nullity GC 70670(a) ................................................ $355.00
87. First paper filed in response in family law matter other than dissolution of
marriage or domestic partnership, legal separation, or nullity GC 70670(c) ............................ $355.00
88. A settlement agreement or stipulation for judgment that is signed by a
defaulted respondent and included in a judgment of dissolution of marriage or
domestic partnership; or a stipulation to modify such an agreement if the
stipulation is presented by the petitioner. (Defaulted respondent is not
charged a first paper fee under GC 70670, GC 70671(b), (e).) GC 70677(c) ........................... No fee
89. Appearance, stipulation, and waiver of right in dissolution of marriage or domestic
partnership, legal separation or nullity or to establish parentage, when respondent is a
member of the armed forces GC 70673 .................................................................................... No fee
90. Petition for adoption (for each person to be adopted) H&S 103730 ......................................... $20.00
91. Filings in a proceeding to declare a minor free from parental custody
and control FC 7806, 7841 ........................................................................................................ No fee
92. Domestic violence restraining orders, including a request to obtain, modify,
or enforce an order to prevent domestic violence or response to that request;
and any request that is necessary to obtain or give effect to a restraining order
GC 70671(f), 70677(b)(5); FC 6222 ......................................................................................... No fee
93. Motion or order to show cause in family law matter GC 70677(a) ........................................... $40.00
94. Additional charge on motion or order to show cause to modify or enforce
Custody or visitation GC 70678 ................................................................................................ $25.00
95. Stipulation and order not requiring a hearing; request or stipulation for continuance
of hearing or case management conference not requiring a hearing GC 70677(c) ................... $20.00
96. Stipulation that does not require and order GC 70677(b)(7)..................................................... No fee
97. A stipulation regarding the date of termination of marital or domestic
partnership status if the court has retained jurisdiction over that date GC 70671(c) ................ No fee
98. First paper or any subsequent paper filed by the Department of Child Support Services
to establish parentage or to establish, modify, or collect support GC 6103.9, GC
70672 ......................................................................................................................................... No fee
99. Response or subsequent paper filed in an action brought by the Department
of Child Support Services to establish parentage or to establish, modify, or collect
support if support is the only issue. If a custody issue is raised, see charge for first
paper filed in response to other family law matters GC 70672 ................................................. No fee
100. Filings on issues relating to parentage or support in a pre-existing non-governmental
case in which a Title IV-D child support agency has intervened and is providing
services under FC 17400 GC 70672 ......................................................................................... No fee
101. Statement to register a foreign support order or other first paper in a UIFSA case
GC 70677, FC 4927 .................................................................................................................. No fee
102. A document relating to a stipulated postjudgment modification of child support
GC 70671(d) ............................................................................................................................. No fee
103. Costs for stepparent adoption, including investigation (amount set by
court, up to $700) (FC 9001, 9002) FC 9002 .............................................................. Amount set by court
104. Child custody evaluation (amount set by court) FC 3112 ........................................... Amount set by court
105. Court-appointed counsel for child (amount set by court) (FC 3150 et seq.) FC
3153 ............................................................................................................................. Amount set by court
106. Premarital counseling for minors FC 304 ................................................................... Amount set by court
107. Cost for Investigation re: petition to declare child free from parental
custody and control (FC 7851.5) ................................................................................. Amount set by court
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CODE TOTAL
SECTION FEE DUE
PROBATE FEES
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CODE TOTAL
SECTION FEE DUE
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CODE TOTAL
SECTION FEE DUE
135. Petitions (or opposition to petition) filed after the issuance of temporary letters of
guardianship or conservatorship or letters of guardianship or conservatorship not
subject to the $355 fee in GC 70658(a) and not exempt under GC 70657(e)
GC 70657.5(a)(3) ...................................................................................................................... $40.00
136. Petition (or opposition to petition) filed after the insurance of letters of guardianship
or temporary letters of guardianship in a guardianship of a person only
GC 70657.5(e), 70658(c)(1)...................................................................................................... No Fee
137. Disclaimer of interest in a decedent’s estate GC 70657.5(c), 70658(c)(2) ............................... No Fee
138. Petition (or opposition to petition) after issuance of special letters of administration or
letters testamentary or of administration in decedent’s estates that are not subject to
the $355. fee in GC 70658(a) GC 70657.5(a)(2) ...................................................................... $200.00
139. Motion, application or other paper requiring a hearing after the first paper, including
motion or other paper listed in GC 70617(a)
(motions listed in CCP 1005(a)(1)-(12), motion to continue a trial date, discovery
motions, motions for new trial) GC 70657(a)(1), 70617(a) ...................................................... $40.00
140. Application for ex parte relief other than ex parte petition for discharge GC
70657(a)(2)................................................................................................................................ $40.00
141. Ex parte petition for discharge of personal representative, conservator, or guardian
upon completion of court-ordered distribution or transfer GC 70657(a)(2) ............................. No Fee
142. Motion or other paper listed in GC 70617(b) (list of 13 items), including: GC
70657(b) .................................................................................................................................... No Fee
Amended notice of motion GC 70657(b), 70617(b)(2) ................................................... No Fee
Civil case management statement GC 70657(b), 70617(b)(3) ........................................ No Fee
Request for trial de novo after judicial arbitration GC 70657(b), 70617(b)(4) ............... No Fee
Stipulation that does not require an order GC 70657(b), 70617(b)(5) ............................ No Fee
A request for entry of default o default judgment GC 70657(b), 70617(b)(8) ................ No Fee
Paper requiring a hearing on a petition to approve the compromise of a claim of
a minor or person with a disability under Prob. C 3600 GC 70657(b),
70617(b)(13) .................................................................................................................... No Fee
143. Petition to withdraw funds from block account GC 70657(a) .................................................. $40.00
144. Motion for summary judgment GC 70657(c), 70617(d) ........................................................... $200.00
145. Deposit of estate planning documents GC 70660 ..................................................................... $20.00
146. Search for estate documents, for each search longer than 10 minutes GC 700661 ................... $15.00
147. Petition to establish record of birth, death, or marriage H&S 103470 ...................................... $205.00
148. Affidavit procedure for real property of small value under
Probate C 13201 GC 70626(b)(9) ............................................................................................. $ 30.00
149. Guardianship investigations (amount set by court) Prob. C 1513.1 ....................... Amount set by court
150. Information package for conservators Prob C 1835.................................................................. $ 20.00
151. Conservatorship investigator’s fee (amount set by court) Prob. C 1851.5 .................. Amount set by court
152. Petition for summary probate (Public Administrator only) Prob. C 7660................................. $205.00
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CODE TOTAL
SECTION FEE DUE
OTHER APPEALS
156. Appeal in limited civil case (to appellate division), where amount demanded in a case
does not exceed $10,000 GC 70621(b) ..................................................................................... $205.00
157. Appeal in limited civil case (to appellate division), where amount demanded in case
exceeds $10,000 (but does not exceed $25,000) GC 70621(a) ................................................. $330.00
158. Appeal in small claims case CCP 116.760 ................................................................................ $75.00
159. Writ petition to appellate division, where amount demanded in limited civil case does
not exceed $10,000 GC 70621(b) ............................................................................................. $205.00
160. Writ petition to appellate division, where amount demanded in limited civil case
exceeds $10,000 (but does not exceed $25,000 GC 70621(a) .................................................. $330.00
161. Appeal from Labor Commissioner’s Award (Lab. 98.2) GC 70611 ......................................... $355.00
162. Appeal of final decision on parking citation violation Veh. 40230 GC 70615(b) .................... $25.00
163. Appeal from determination of dangerous or vicious dog (F&A 31622)
GC 70626(b)(8) ......................................................................................................................... $30.00
164. Appeal of administrative fine or penalty GC 53069.4(b)(2) GC 70615(a) ............................... $25.00
165. Appeal of administrative penalty for fare evasion or passenger conduct violation
(PUC 99582) GC 70615(c) ....................................................................................................... $25.00
166. Certifying a copy of paper, record, or proceeding on file GC 70626(a)(4) .............................. $25.00
167. Certificate for which fee is not otherwise fixed; includes lis pendens GC 70626(a)(8) ........... $25.00
168. Preparing a copy of any record, proceeding or paper on file (per page) GC 70627(a) ............. $0.50
169. Comparison of a copy with an original on file (per page) GC 70627(b) .................................. $1.00
170. Searching records or files, for each search longer than 10 minutes GC 70627(c) .................... $15.00
171. Exemplification of record or other paper on file GC 70628 ..................................................... $20.00
172. Document authenticated pursuant to court order (per signature) GC 70629............................. $15.00
173. Certified copy of marriage or domestic partnership dissolution
record (requested by public agency) GC 70674 ........................................................................ $10.00
174. Certified copy of marriage or domestic partnership dissolution record
(requested by any other applicant) GC 70674 ........................................................................... $15.00
175. Administrative charge for a check that is returned without payment. A filing
paid for with such a check will be void if fee and charge are not paid, within 20 days
of notification, in cash, by certified check, or by other means specified by the court,
but not by traveler’s check or personal check. CCP 411.20(g), GC 71386 Amount
set by the court .......................................................................................................................... $35.00
176. Administrative charge for processing a partial payment. A first paper filing
submitted with a check for an insufficient amount will be void if the amount
due is not paid within 20 days of notification. (Amount set by the court) CCP
411.21(g) Amount set by the court............................................................................................ $25.00
MISCELLANEOUS FEES
177. Administrative charge for collection of fees where fee waiver was
previously granted (amount set by the court) GC 68638(a)(3) ................................................. $25.00
178. Administrative charge for recovering, as part of judgment, fees not paid by
public entity under GC 6103 (Amount set by court, up to $25) .................................. Amount set by court
179. Taking affidavit, except in criminal case or adoption proceedings GC 70626(a)(5) ................ $25.00
180. Acknowledgment of deed or other instrument GC 70626(a)(6) ............................................... $25.00
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CODE TOTAL
SECTION FEE DUE
MISCELLANEOUS FEES (cont’d)
*
Local Court Fees
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APPENDIX III
All Local forms are available on the court’s web site: www.ventura.courts.ca.gov
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All Local forms are available on the court’s web site: www.ventura.courts.ca.gov
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VN085 • Request for Court Appointed Counsel and Hearing .................................... 07/03
VN086 • Request for Mandatory Settlement Conference/Trial
Setting (Family Law) ................................................................................... 01/10
VN089 • Sealing your Juvenile Record ..................................................................... 01/10
VN093 • Stipulation for Judgment and Judgment (Civil) ........................................... 07/03
VN100 • Verification of Translation .......................................................................... 07/03
VN102 • Warrant of Arrest (Civil) ............................................................................. 07/03
VN103 • Stipulation and Order on Order to Show Cause;
Settlement Agreement at Time of Trial; Continuance Dates ....................... 01/05
VN107 • Answer to File an Answer to an Unlawful Detainer Complaint .................. 01/10
VN115 • Declaration in Support of Dissomaster Calculations ................................... 07/03
(Mandatory) VN118 • Stipulation for Private Mediation and Order ............................................... 07/03
VN120 • Proof of Service - Family Law .................................................................... 07/03
VN125 • Petitioner’s/Respondent’s Statement of Agreement and Disagreement ...... 01/05
(Mandatory) VN126 • Family Law Case Status Report .................................................................. 01/10
(Mandatory) VN130 • Ex-Parte Petition to Access an Unlawful Detainer Action
(Limited Civil Case) - CCP 1161.2 .............................................................. 07/03
VN131 • Waiver of Final Declaration of Disclosure .................................................. 07/03
VN132 • Release of Medical Information ................................................................. 01/02
VN133 • Release of School Information ................................................................... 07/03
(Mandatory) VN135 • Request for Continuance ............................................................................. 07/10
VN138 • Clerk's Certificate: Satisfaction of Judgment............................................... 01/06
VN139 • Small Claims Information Sheet .................................................................. 01/06
VN140 • Declaration for Entry of Satisfaction of Judgment ...................................... 07/05
VN143 • Dispute Settlement - Small Claims .............................................................. 07/05
VN144 • Instructions for Obtaining a Clerk's Default Judgment
(Possession Only) Unlawful Detainer .......................................................... 01/04
VN146 • Motion for Order Continuing ...................................................................... 01/07
VN147 • Notice of Motion and Motion for Order Vacating Default....................... 01/10
of Judgment (Civil) ...................................................................................... 07/03
VN148 • Order Granting Motion ................................................................................ 07/10
VN151 • Petition to Establish Record of Birth, Death or Marriage............................ 01/06
VN152 • Stipulation and Order for Payment of Judgment in
Installments (Limited Civil) ......................................................................... 07/03
VN153 • Motion for Order to Pay Judgment in Installments
(Limited Civil) ................................................................................................... 07/03
VN154 • Order For Payment of Judgment in Installments
(Limited Civil) ............................................................................................. 07/03
VN155 • Order for Continuance (Civil) ..................................................................... 07/03
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VN156 • Ex Parte Application for Service by Posting and Order (Family Law) ....... 01/06
VN160 • Motion for Order Releasing Evidence ......................................................... 01/04
VN161 • Order Releasing Evidence ........................................................................... 01/04
VN162 • Order (Civil) ................................................................................................ 07/03
(Mandatory) VN163 • Family Court Services Intake Questionnaire ............................................... 07/09
VN164 • Stipulation to Use of Alternative Dispute - Resolution Process .................. 01/07
VN165 • Verification .................................................................................................. 07/03
VN170 • Order Confirming Arbitration Award.......................................................... 07/03
VN171 • Motion for Order for Visitation (Guardianship) .......................................... 07/09
VN172 • Petition for Restricted License (Adult) ........................................................ 07/09
VN173 • Petition for Restricted License (Juvenile).................................................... 07/05
VN174 • Writ of Execution - Attachment 20 ............................................................. 01/04
VN175 • Clerk's Certificate of Costs (CCP 668.090) ................................................. 01/04
VN179 • Request for Relief from Default, Extension of Time to File
Opening Brief; Declaration and Order ......................................................... 07/09
VN180 • Request for Relief from Default, Extension of Time
To File Statement on Appeal; Declaration and Order .................................. 07/09
Mandatory VN182 • Confirmation of Viewing Conservatorship Video ....................................... 07/09
VN183 • Voluntary Early Civil Mediation Questionnaire ......................................... 01/09
VN184 • Voluntary Early Civil Mediation Report .................................................... 07/09
VN185 • Marital Settlement Agreement (Attachment to Judgment) .......................... 01/06
VN186 • Attachment to family Law Judgment (Property and Debt) .......................... 01/06
VN187 • Small Claims Itemization of Debt Attachment ............................................ 07/07
VN188 • Expungement Financial Data Sheet Re Ability to
Pay Costs of Services .................................................................................... 07/07
VN189 • Consent for Court Assignment (Family Law) .............................................. 07/09
Mandatory VN190 • Application for Real Property Equity Bond and
Declaration of Property Owner(s) ................................................................ 01/08
Mandatory VN191 • Promissory Note Re: Property Equity Bond ................................................ 01/08
Mandatory VN192 • Order Approving Property Equity Bond ...................................................... 01/08
Mandatory VN193 • Request for Copy of Notice of Default and Sale.......................................... 01/08
Mandatory VN194 • Certificate of Acceptance ............................................................................. 01/08
Mandatory VN195 • Property Bond Information Sheet ................................................................ 01/08
VN196 • Conservatorship General Plan ...................................................................... 01/08
VN197 • Notice of Motion and Motion to Transfer Case to
Appropriate Court ........................................................................................ 01/08
VN198 • Order Transferring Case to Appropriate Court ............................................ 01/08
Mandatory VN200 • Petition for Authorization to Inspect Adoption
And Birth Record Information and to Obtain Copies .................................. 01/10
Mandatory VN201 • Petition for Approval of Adoption Agreement (Adult)................................ 01/08
Mandatory VN202 • Adoption Agreement (Adult) ....................................................................... 01/09
Mandatory VN203 • Consent of Spouse to Adoption (Adult) ....................................................... 01/08
Mandatory VN204 • Order of Adoption (Adult) ........................................................................... 01/08
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APPENDIX IV
1. www.e-filing.com
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VENTURA
SUPERIORCOURT
INDICES
July 2010
__________________________________
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List of Abbreviations
App. Appendix
BPC Business and Profession Code
CAC California Administrative Code
CC Civil Code
CCP Code of Civil Procedure
CRC California Rules of Court
EC Evidence Code
Exh. Exhibit
FC Family Code
FF Filing Fees of the Superior Court of California
GC Government Code
HSC Health and Safety Code
JCR Juvenile Court Rules (California Rules of Court)
JCF Judicial Council Forms
LC Labor Code
PeC Penal Code
PC Probate Code
VC Rules of the Superior Court of Ventura County
VCM Rules of the Municipal Court of Ventura County
WIC Welfare and Institutions Code
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Evidence
declarations ............................ 2.03(B), 3.29, 6.06, 6.08(D), 9.03.1(B)(3)(C)(3)(7), 9.06(A)(B), 9.08(A),
9.09(A)(D), 9.12(E)(F), 9.13(C), 9.19(A)(3)(B)(3)(C)(2)(5)-(7)(D)(5), 9.20(A)(2), 9.42,
10.00(D)(1)(F)(2), 10.01(A)(2)(C)(5), 10.02(B)(3)(E)(3)(F)(1)(2), 10.03(A)(1)(B)(3)(a),
12.02(K)(1)(N)(4), 14.06(A), 15.03(A); see JCF 1285.40, JCF FL141, MC030, MC031,
CCP 585(d), 2015.5, EC 452(b), 453, 455(b), 1500.5, FC 2106, 2350.5, PeC 1203.4,
1203.4a
depositions ............................ 8.12(O)(7)(9), 9.19(D)(1)(7); see CCP 2025(l)-(u)
documents ............................ 2.2.01(A), 3.21(A), 8.12(O)(9), 9.03.1(C)(1)(G), 9.14, 9.18,
9.19(A)(3)(C)(2)(5)(6)(D)(4), 9.33(C), 10.01(A)(1)(C)(5), 10.02(D)(1)(E)(1)(F)(1),
10.03(B)(3)(a), 11.04(1), 12.00, 12.00.1(E), 12.02(B)(1)(3)(L)(4)(N)(1)
exclusion ............................ 8.12(E)
exhibits ............................ 5.02(B), 5.04, 8.12(E)(J)(O)(5)(9), 12.00(B)(6), 14.01(B), App. I(I)
expert testimony ...................... 8.12(K), 22.00
objections ............................ 8.12(C)(2)(D)(2), 9.13(A)(B), 9.32(E), 10.00(F), 10.02(I)(4),
10.03(A)(1)(c), 12.02(N)(5)(Q)(2), App. I(D)(F)(4)(G)(1)
offers of proof .......................... 10.00(D)(1)(2)
translations ............................ 20.00
witnesses ............................ 8.12(C)(D)(1)(I)-(K)(O)(3), 9.30(A)(5), 9.33(L)(2), 9.41(1), 14.01(B),
20.00, App. I(B)(3)(D)(2)(F)(H)(4); see JCF DE130, DE131, FC 6211
see Filings, Motions, Trials
Ex parte matters ............................ 3.19, 8.04(C), 9.04(A), 9.05, 9.06(A), 9.08(A), 9.09, 9.12(F), 9.19(D)(8),
9.30(A)(6), 9.33(C), 10.00(D), 10.01(C), 10.02(C)(1), 10.03(A)(1), 11.01(A), 12.02(N),
15.01, 15.03(B); see PC 2250(c)
Executive Officer ............................ 2.00(B), 2.04(B)(C), 4.02(B)-(D), 5.01, 6.03(C), 9.21, 10.04(B), 16.01-
16.02, 18.00(B)(D), 19.01(B), 20.00, 21.01(A)
Family court communication .......... 9.41
Family law proceedings
abuse/neglect ........................... 10.01(C)(3), 12.02(E)(1)(a)
child custody ............................ 9.09(D), 9.10(C)(2)(3), 9.19(D)(3), 9.30(A)(1)(2)(4), 9.31, 9.32,
9.33(A)(D)(1)(b)(K)(1), 9.40, 9.41, 10.01(A)(2)(B), 12.02(A)(2)(M); see CRC 5.210 et
seq., JCF 1291.10, 1296.31A-1296.31B(3), MC150, CC 4600 et seq., CCP 640.1, FC 3110,
3160 et seql, 4200, WIC 281
child development.................... 12.02(E)(1)(a)
Child Protective Services......... 10.01(A)(3)(C)(2)(3), 12.00(C)
child welfare services
programs ........................... 12.00(B)(2)-(5)
child's interests......................... 12.02(K)
child support ............................ 9.15-9.18, 9.19(C)(2)(3)(7)(D)(3), 9.20(A)(1)(B)(1); see JCF
1285.25-1285.39, 1285.80, 1296.31B(1)-(3), 1297-1297.93, FC 4055(b)(7)
collaborative family law .......... 9.03.1(B)(4)
contested trials ......................... 18.00(C)
Department of Child
Support Services ............... 9.20(A)(5)
dissolution/legal separation ..... 9.01(A), 9.03(A), 9.03.1(B)(3)(E)(1), 9.19(A)(3)(B)(3)(C)(5)-(7); see JCF
FL170
domestic partners ..................... App. II
domestic violence .................... 9.01(J), 9.03(C), 9.05, 9.33(G), 12.02(E)(1)(a); see FC 6200 et seq.
evaluations ............................ 9.30(A)(1)(4)(d)(e), 9.33(K)(3)(4); see CRC 5.220, CC 4370, 4370.5, EC
730, FC 3111, WIC 281
ex parte applications ................ 9.04(A), 9.05, 9.08(A), 15.01, 15.03
Family Court Services ............. 9.20(A)(5), 9.30(A)(1), 9.31, 9.32(D)(E)(1)(2), 9.33(A), 9.35, 9.42,
9.41(1), 10.01(A)(1)(B)(C)(3), 12.02(A)(2)
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Filings (cont’d)
jury instructions ....................... 8.12(L)
motions ............................ 31.8(B)
notice of appeal........................ 2.2.01
notice of settlement .................. 3.16
opposition papers ..................... 7.01(B), 10.00(D)(2)(F)(4)(11), 10.02(N)(1), 11.04, 12.02(Q)(4); see JCF
982.5(7), 1282, 1285.40, 1296.20, MC020
pleadings ............................ 3.00, 3.15, 4.02
proof of service ........................ 3.08(B)(1), 3.14, 3.15, 4.03, 6.03(G), 9.03.1(C)(2)(E)(1), 9.19(C)(2),
9.18(A), 12.02(B)(1); see JCF 982(a)(23), 1283.5, 1285.38, 1296.40, GC030, CCP 1290.4,
FC 2106, 2330.5
settlement conference
statements ......................... 9.19(B)(3), 10.00(F)(10)
statement of the case ................ 8.12(G)(O)(3)
stipulation for continuance ...... 9.12(E)
time requirements .................... 3.08(B), 3.13(B), 3.15(A), 3.18, 3.24, 6.04(D), 6.08(B), 7.01(C), 9.03(A),
9.06(A), 9.10(C), 9.12(C)(E)(1)(F)(J), 9.13(A), 9.19(A)(3)(B)(1)(3)(6), 9.23(A)(1),
10.00(D)(1), 10.01(C)(2)(5), 10.03(C)(1)(h)(3)(D)(E), 11.00, 12.02(D)(1)(E)(4), 24.04(B),
24.07
wills ............................ 10.04(A)
see Briefs, Motions, Pleadings
Findings ............................ 6.08(E)(F), 12.02(B)(4)(5)(G)(2)(H)
Foreclosure ............................ 21.01(B)(C)
Grand jury ............................ 19.07
Grievance Procedure ....................... 9.35
Guardians ............................ 10.01(A)(5), 12.00(C)(3)(23)(H), 12.02(K)(2)(3)(c); see JCF GC248
Guardianships ............................ 3.08(F), 10.00(B)(3), 10.01, 10.03(A), 12.02(K)(3)(c); see CRC
3.1203(a), JCF JV325-JV355, JV825, DE110-GC250, CCP 372, PC 1513, 2250(c),
2257(2)(b), 2590-2591
Habeas corpus ............................ 13.00(F); see JCF MC275, PC 1473 et seq.
Harassment ............................ 9.01(K), 9.09(E)
Health care issues ........................... 12.02(E)(3)
Hearings
appointment of conservator ..... 10.03(A)(3)
appointment of guardian .......... 10.03(A)(3)
at-issue hearings ...................... 10.00(F)(5)(c)(7)
calendaring ............................ 8.01, 9.06(E)(3), 9.10, 9.12, 10.00(D)(F)(5), 10.01(A)(1)(C)(6),
10.02(F)(2)(I)(4)(b)(N)(1), 12.02(A)(1)(L)(1)(N)(1)(2)(Q)(2)(4)
continuances ............................ 9.10(C)(3), 9.12(E)(J), 9.32(C), 10.00(F)(2)(b)(3)(12), 10.01(A)(1),
10.02(B)(1)(D)(1), 10.03(C)(1)(h)(3)
criminal cases .......................... 11.00
default hearings ....................... 3.29, 9.19(C)(1)(2)
disposition hearings ................. 12.02(L)(1)
evidentiary hearings ................. 9.12(F), 12.02(L)(1)(O)(3)(6)
ex parte hearings ...................... 9.05, 10.01(C)(6), 12.02(N)(3)
juvenile hearings ...................... 12.00(B)(6); see WIC 827, 828
long cause matters ................... 10.00(F)(2)
notice ............................ 6.08(C)(1)(E), 8.01, 9.06, 9.08(A)(1), 9.09(E), 9.12(K),
10.02(B)(1)(K)(3), 12.02(O)(4); see PC 1460
oral argument ........................... 9.04(B), 10.00(F)(5), 14.03(D)
probate cases ............................ 10.00(F)(4)(5), 10.02(B)(1)(2)(K)(3)(o)
short cause hearings ................. 10.00(F)(2)(5)(a)(c)(7)(a)
traffic cases ............................ 11.00
uncontested matters ................. 9.12(I)(J), 10.00(F)(4), 18.00(C); see JCF 1282.50, 1285.34, 1286.50
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Jurisdiction
generally ............................ 3.09(B), 6.08(C)(1), 12.00.1(D), 12.02(K); see PC 1460, CCP 664.6
limited ............................ 3.21(A)
unlimited ............................ 3.21(A)
Juvenile court cases ........................ 2.2.01(B), 5.04, 12.00, 12.00.1, 18.00(C); see JCF JV100-JV740, WIC
300, 601, 602, 827, 828
Juvenile division ............................ 2.02(C)
Law and motion ............................ 7.00, 8.04-8.05, 9.04(A), 9.08(A)(3), 9.12(C), 10.00(F)(8)(b)(iv)(12),
18.00(C)
Letters ............................ 10.01(A)(4), 10.02(A)(3)(H), 10.03(A)(3)
Lis pendens ............................ 4.02(B); see CCP 409
Lodged materials ............................ 3.13(B), 8.12(O)(7)(9), 12.00.1(E)
Mandatory settlement conferences . 3.13, 3.24, 9.03.1(B)(2)(3)(C)(6), 9.19(A)(B)(6)(7)
Master calendar department ............ 13.01, 18.00(C)(D)
Mediation ............................ 2.04(C), 3.07(B), 3.24, 9.10(C)(2)(3), 9.20(B)(6), 9.30-9.35, 9.41(1),
10.00(F)(8)(c), 10.01(B), 12.02(A)(E)(3), 24.06, 24.07; see CRC 5.215, JCF ADR100, FC
3170, 3183
Mental health proceedings .............. 2.2.01(A), 9.33(D)(2), 12.02(E)(3), 13.00, 13.01
Minors ............................ 9.15(B), 9.33(L)(1), 10.01(A)(1)(5)-(7)(B)(C), 12.00(A), 12.01,
12.02(A)(2)(B)(1)(3)(N)(5)(P)(Q)(4)
Motions
calendaring ............................ 3.19, 8.05, 9.03(A)
continuances ............................ 8.04, 9.12(F), 9.19(D)(8), 18.00(E)
criminal cases .......................... 11.04, 11.05; see PeC 995, 1538.5
discovery motions .................... 8.01; see CCP 2016 et seq.
family law motions .................. 9.10-9.14
motions in limine ..................... 8.12(N)(O)(2), 10.00(F)(11)
notice of motion ....................... 8.05, 9.12(F), 9.19(D)(8)
pretrial motions ........................ 8.12(N)(O)(2), 11.03
reporting fees ........................... 18.00(D); see JCF 982(17)-(20)
summary judgment/
adjudication ...................... 8.01; see CCP 437c
suppression of evidence ........... 11.05; see PeC 1538.5
see Calendaring, Demurrers, Filings
Name change ............................ 9.06(B)
Narcotics addiction cases ................ 13.00(C)(D)
Notice ............................ 3.17(E), 3.22, 6.08(B)(C)(1)(D)(E), 7.01(C)(D), 8.00(A)(B), 9.03.1(C)(1),
9.05, 9.06, 9.08(A)(1), 9.12(E)(K), 9.13(A), 9.19(C)(5)(6), 9.32(A), 9.42,
10.00(D)(1)(5)(F)(3), 10.01(A)(1)(7)(C)(1)(5), 10.02(B)(1)(I)(4)(1)(A)(C), 10.03(A)(1),
11.03, 12.02(D)(4)(E)(4)(L)(1)(N)(3)(4)(6), 14.03(D), 14.06, 14.07(B); see CRC 3.1203,
3.1204, 7.1012, CCP 527.6, FC 6300, PC 1460, 2250(c)
Orders
administrative orders ............... 2.01(D)
appeals ............................ 14.00
arbitration ............................ 3.09, 3.23
bonds ............................ 10.03(B)(1), 10.04(C)
case management orders .......... 3.08(B)(C), 6.08(C), 9.19(A)(1)(B)(1)
child's interests......................... 9.30(A)(4)(b), 9.33(K)(1)
conservatorships ...................... 10.02(H)
continuances ............................ 9.06(E)(2)
court investigator ..................... 10.02(A)(1); see JCF GC310
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Orders (cont’d)
court orders ............................ 3.13(A), 3.24(A), 6.07, 9.06(E)(3), 9.12(F), 9.13(B)-(D),
9.19(B)(7)(D)(7), 9.30(A)(2)(4)(d), 9.33(C)(D), 9.40(2)(a), 10.00(F)(12)(D)(E), 10.01(B),
10.02(D)(2), 10.03(C)(3), 12.00(A)(I)(5), 12.00.1(B),
12.02(A)(2)(B)(1)(D)(4)(E)(4)(L)(5)(N)(2)(5)(O)(Q)(6); see JCF JV180
custody/visitation orders .......... 9.09(D), 9.41, 10.01(A)(2)(6)(7), 12.02(M)(P)
dismissal ............................ 14.06
ex parte orders ......................... 3.24(A), 9.04, 9.06(A), 9.08(A)(2)(4), 9.09, 10.00(D), 10.01(C)(1),
12.02(N), 15.01, 15.03(B); see CRC 7.1012
extension of time ..................... 9.13(D), 14.05; see CRC 8.787
family law orders ..................... 9.20(B)(5); see FC 4200-4203
fees, waiver of ......................... 9.03.2
form ............................ 9.14, 10.00(C)
guardianship orders ................. 10.01(A)(7)
harassment ............................ 9.01(J)
information, release of ............. 12.01; see WIC 827, 5328, PeC 1543, 11105
investigations ........................... 10.02(M)(1)
lien for fees ............................ 10.02(L)(3)
local rules ............................ 9.00
mediation orders ...................... 9.34, 12.02(Q); see CRC 5.640
minute orders ........................... 5.01, 9.12(E), 9.19(B)(6)
modification ............................ 9.09(D), 12.02(M)
motions ............................ 3.19, 8.04(C)
preparation ............................ 8.12(N), 9.13
pretrial orders........................... 3.08
proposed orders ....................... 3.18(A)(B), 3.23, 9.13(C), 9.34, 10.00(B)(5), 10.01(C)(5), 10.03(A)(1)(a),
10.04, 14.06(A), 15.03(A)
protective orders ...................... 9.18(A), 9.19(A)(2)(3)(c)(B)(3), 9.41; see JCF AT105, AT140-AT150
release of juror information ..... 19.10
residence exclusion orders ....... 9.09(B)
restraining orders ..................... 9.09(A)(C)(E), 9.10(C), 9.32(B), 9.33(G)(K)(6); see JCF 1281, 1285.05,
1295.90-1296.29, 1296.61, JV250, CCP 527.6
return of exhibits...................... 5.02(B), 5.04
sanctions ............................ 3.17(A)
shortening of time .................... 9.04(A), 9.08(A)(3), 10.00(D)(F)(12)(C)
standing orders......................... 12.00, 12.00.1(F), 12.01; see WIC 827, 828, 5328, PeC 1543, 11105,
EducC 49076
stay away orders ...................... 9.09(C)
support ............................ 9.03(C), 9.06(B), 9.15-9.18, 10.02(K); see JCF 1285.27, 1285.32,
1296.31B, 1296.31C, 1297-1297.20, PC 1460
Orders to show cause ...................... 3.09(A), 9.03, 9.03.1(F), 9.06(B), 9.09(A), 9.10-9.18, 10.02(I)(3)(J)(3),
24.04(B);
see JCF 1285, 1285.40, 1285.60, 1296.15, 1296.20
Parental reimbursement .................. 21.00(D)
Parents ............................ 9.20(A)(1)(5), 9.30(A)(4)(b), 9.41(1)(2), 12.00(C)(3)(23)(H),
12.02(B)(1)(C)(L)
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Parties
defendants ............................ 6.08(A)-(E), 9.41(1), 11.04(1), 24.04(B), 24.06; see FC 6211
generally ............................ 3.08(B)(C), 3.13(B), 3.14, 3.22, 6.03(G), 7.01(B), 8.00(A), 8.12(B)(N),
9.03.1(B)(1)-(4)(C)(1)(4)(6)(7)(E)(1)(F)-(H), 9.06(A), 9.08(A)(1), 9.12(F)(K), 9.13(A)(C),
9.19(A)(3)(B)(1)(4)(C)(3)(5)-(7) (D)(3)(8), 9.21, 9.32(A), 9.33(C), 9.42, 9.41,
10.00(F)(12)(C), 10.01(A)(7)(B)(C)(4), 10.03(C)(3), 12.02(B)(1)-
(3)(5)(L)(1)(2)(M)(N)(2)(3)(6)(O)(1)(4)(6), 14.01(B), 14.03(A), 14.05, 14.08(A)(C),
24.04(B)
plaintiffs ............................ 3.23, 6.08(A)-(D), 24.04(B)
Personnel ............................ 2.04, 16.02
Petitions
accountings ............................ 10.03(C)(1)
conservatorships ...................... 10.00(B)(2), 10.02(A)(B)(M), 10.03(A)(1); see JCF GC310
ex parte orders ......................... 10.00(D)
ex parte petitions ...................... 10.00(D)(5)2, 10.03(A)(1)
fees ............................ 10.02(D)(2)(L)(1), 10.03(C)(1)
generally ............................ 3.09(A), 10.00(A), 12.00(B)(4)(I)(4), 12.02(K)(1), 15.03; see JCF GC310,
GC312, GC348, JV100, JV180, PC 1821, 1827.5, 2341
guardianships ........................... 10.00(B)(3), 10.01(A)(1)(2)(6)(7)(B)(C)(1), 12.02(E)(3); see CRC
3.1203(a)PC 2250(e)
juvenile cases ........................... 12.00.1; see CRC 5.552, JCF JV570, WIC 827
medical treatment..................... 10.02(F)
notice ............................ 10.03(A)(1); see PC 2250(c)
property, sale of ....................... 10.00(B)(4)(D)(4)
temporary conservatorships/
guardians .......................... 10.03(A)
wills ............................ 10.00(F)(2), 10.04(A)
see Calendaring, Filings, Pleadings
Pleadings
answers ............................ 3.08(B)(2), 24.04(B)
complaints ............................ 3.14, 3.15, 9.32(A), 11.00; see CCP 387(a)
cross-complaints ...................... 3.08(B), 3.14; see JCF 982.1(14)
filing ............................ 3.00, 3.15, 4.02; see JCF 982.1
form ............................ 10.00(A); see JCF MC020
property identification ............. 4.02
responsive pleadings ................ 3.15, 4.02(A), 9.03.1(B)(2)(C)(7), 9.16, 9.32(A), 10.00(F)(11), 11.05(2);
see JCF 982(a)(13), 982.1(15)(35)(95), 1285.40, 1296.20
service ............................ 3.08, 3.14, 3.15, 3.24(B)(D), 4.02(B), 6.08(B)(C)(1)(D)(E), 8.12(N),
9.03.1(C)(3), 9.03.2, 9.05(C), 9.12(J)(K), 9.13(A)(C), 9.16-9.17, 9.18(A),
9.19(A)(3)(B)(1)(3)(C)(6)(D)(4)(5)(7), 10.00(F)(2)(b)(3)(5)(a), 10.02(B)(1)(D)(2),
10.03(C)(3), 11.03, 12.02(B)(5)(O)(4), 14.07(B); see JCF FL120, FL141, FL220, 982(a)(4),
1283.5, CCP 387(a), 413.30, 415.10 et seq., 1011(a), FC 215
see Demurrers, Petitions, Summons
Points and authorities ...................... 11.03, 11.04
Pretrial conferences ........................ 3.04, 3.08, 3.13, 3.17, 6.03(E), 9.19(B)(1), 10.00(F)(5)(b)(c)(6)(7)(b)(8),
12.02(A)(1)
Prisoners ............................ 12.02(N)(6)
Probate cases
accountings ............................ 10.03(E)
auditors ............................ 10.03(C)
brokers ............................ 10.00(E)
conservatorships ...................... 10.02, 10.03(A)(D)(E), 13.00(B); see JCF DE110-GC150, GC310-
GC385, PC 1851, 1860 et seq., 1894, 2257(2)(b), 2626, 2628, 2650, 2684, WIC 7357
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Stipulations (cont’d)
mediation ............................ 9.30(A)(4), 9.33(A)(B)(D)(K)(1), 9.34; see FC 3170
pretrial conferences.................. 10.00(F)(9)
statement of the case ................ 8.12(F)(G)(O)(3)
Summons ............................ 3.14, 6.08(D), 9.03.1(E)(1), 9.19(C)(2), 10.00(F)(2); see JCF
982(a)(4)(9)-(11)(23), 1283, 1283.5, 1291.40, DE125
Telephone appearances ................... 7.00-7.01
Traffic cases ............................ 5.04, 11.01, 12.00(C)(15), 14.03(A); see CCP 77(j), VC 20008-20012
Transcripts ............................ 11.04(1), 12.00(B)(5), 14.01(B), 14.03(C), 14.07, 14.08; see CRC 8.833
Transfer of cases ............................ 13.01
Trials
conduct ............................ 8.12(C)((G)-(P)
criminal cases .......................... 11.01(B)
default trials ............................ 9.19(C)
family law proceedings ............ 9.19
long cause trials ....................... 10.00(F)(5)(b)
preparation ............................ 6.00, 8.12(A)-(O)
setting ............................ 3.04, 3.08, 3.21(B), 6.00, 6.03(E), 9.19(B)(1)(7)(D)(7)(8), 18.00(D)
short cause trials ...................... 6.07, 18.00(D)
trial by declaration ................... 11.02; see VC 40902
trial setting conferences ........... 9.19(B)(3)
uncontested trials ..................... 9.19(C)
see Briefs, Evidence, Juries, Pretrial conferences
Trust deeds ............................ 21.01(B)
Uninsured motorist cases ................ 3.09; see IC 11580.2(f)
Unlawful detainer ........................... 2.03(B), 3.04, 7.00, 21.01(A); see JCF 982(a)(11), 982.1(90)(95), FI128,
SC110
Venue ............................ 2.03, 9.03(A)
Ventura division ............................ 2.04(A), 9.03(A)
Waiver
arbitration ............................ 6.04
bond ............................ 10.03(B)(3)(a)
declaration of disclosure .......... 9.19(C)(2)(6)(D)(5)
fees ............................ 9.03.2, 9.06(B), 10.02(D)(2)
generally ............................ 9.13(A)
investigation ............................ 10.01(A)(1)
jury trial ............................ 19.08(C)
mediation ............................ 9.30(A)(2), 9.31, 9.32(E)(1)(2)
notice ............................ 9.08(A)(3), 10.00(D)(1); see JCF DE166, GC211
parcel numbers ......................... 4.02(E)
reporter ............................ 18.00(E)
rules ............................ 3.18
service ............................ 10.02(B)(1); see FC 2100, 2105
Warrants ............................ 12.02(N)(6)
Web site 1.01, 3.29, 4.05(B)(C), 8.00(A), App. IV
Writs ............................ 12.02(E)(1)(a)
Youth authority ............................ 12.00(C)(10)
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