Superior Court of California County of Shasta Melissa Fowler-Bradley Court Executive Officer/Clerk of the Court May 10, 2024 Filing Instructions: Re: Superior Court of California, County of Shasta Local Rules of Court The attachment represents a new edition of the Local Rules of Court for the Superior Court of California, County of Shasta, effective July 1, 2024.

Please file as follows: Discard Replace With Local Rules of Court for the Superior Local Rules of Court for the Superior Court of California, County of Shasta, Court of California, County of Shasta, effective January 1, 2024 (entire set). effective July 1, 2024 (entire set). Melissa Fowler-Bradley Court Executive Officer MFB: bss attachment

SUPERIOR COURT OF CALIFORNIA COUNTY OF SHASTA LOCAL RULES OF COURT RULES ADOPTED: May 10, 2024 EFFECTIVE DATE: July 1, 2024

Local Rules of the Superior Court of California, County of Shasta i Table of Contents RULE 1.01 CITATION OF RULES .......................................................................................... 1 RULE 1.02 EFFECTIVE DATE OF RULES ............................................................................ 1 RULE 1.03 EFFECT OF RULES .............................................................................................. 1 RULE 1.04 CONSTRUCTION AND APPLICATION OF RULES ......................................... 1 RULE 1.05

DEFINITIONS OF WORDS USED IN THESE RULES ...................................... 1 RULE 1.06 AMENDMENT, ADDITION, OR REPEAL OF RULES...................................... 2 RULE 1.07 TIMELY APPEARANCE OF COUNSEL AND REQUIRED NOTIFICATION .................................................................................................... 2 RULE 1.08 REQUIRED ATTORNEY NOTIFICATION FOR UNOPPOSED AND DROPPED MATTERS ........................................................................................... 3 RULE 2.01 SUPERVISION OF THE BUSINESS OF THE COURT ...................................... 3 RULE 2.02 DUTIES OF THE PRESIDING JUDGE AND ASSISTANT PRESIDING JUDGE .................................................................................................................... 3 RULE 2.03 ASSISTANT PRESIDING JUDGE ....................................................................... 3 RULE 2.04 THE EXECUTIVE OFFICER, ASSISTANT EXECUTIVE OFFICER, AND CLERK OF THE COURT ...................................................................................... 4 RULE 2.05 COMMISSIONERS AND JUDGES PRO TEM .................................................... 4 RULE 2.06 COURT REPORTERS ........................................................................................... 4 RULE 2.07 (RESERVED........................................................................................................... 5 RULE 2.08 JURY SELECTION BOUNDARIES ..................................................................... 5 RULE 2.09 CASE DISPOSITION TIME STANDARDS ......................................................... 5 RULE 2.10 SMOKING .............................................................................................................. 6 RULE 2.11 COORDINATED COURTS - UNIFIED COURT ................................................. 7 RULE 2.12 PAGERS AND CELLULAR PHONES ................................................................. 7 RULE 2.13 REQUESTS FOR ACCOMMODATION BY PERSONS WITH DISABILITIES ....................................................................................................... 7 RULE 2.14 REQUESTS FOR CLERK TO SIGN DOCUMENTS ........................................... 7 RULE 2.15 JUDICIAL VACATION DAY DEFINED ............................................................. 8 RULE 2.16 PLACE FOR FILING NOTICES OF APPEAL AND CERTAIN OTHER PLEADINGS .......................................................................................................... 8

Local Rules of the Superior Court of California, County of Shasta ii RULE 2.17 MEDIA COVERAGE ORDERS ............................................................................ 8 RULE 2.18 RECORDING DEVICES IN THE COURTHOUSE BY NON-MEDIA ............... 8 RULE 2.19 DIGITAL SIGNATURES ...................................................................................... 9 RULE 3.01 SCOPE OF RULES; AUTHORITY ....................................................................... 9 RULE 3.02 ALL PURPOSE ASSIGNMENT; EXEMPTION FROM CASE MANAGEMENT CONFERENCE ........................................................................ 9 RULE 3.03 SERVICE OF LF-CIV-100, NOTICE OF 1) ALL PURPOSE ASSIGNMENT, 2) MANDATORY SETTLEMENT CONFERENCE AND 3) TRIAL .............................................................................................................. 10 RULE 3.04 MANDATORY SETTLEMENT CONFERENCE............................................... 10 RULE 3.05 COLLECTIONS CASES UNDER CRC, RULE 3.740 ....................................... 10 RULE 3.06 COUNSEL PERMITTED TO APPEAR; ASSOCIATION OF COUNSEL ........ 10 RULE 5.01 ATTORNEY FEES IN CIVIL ACTIONS OR PROCEEDINGS ........................ 11 RULE 5.02 SERVICE OF LF-UD-102, NOTICE OF CASE MANAGEMENT CONFERENCE .................................................................................................... 12 RULE 5.03 PETITIONS TO APPROVE TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS ................................................................. 12 RULE 5.04 DISCOVERY MOTIONS – SEPARATE STATEMENT ................................... 12 RULE 5.05 FORM OF JUDGMENT....................................................................................... 12 RULE 5.06 STIPULATED JUDGMENT FORM TO BE SEPARATE FROM STIPULATION..................................................................................................... 13 RULE 5.07 APPEAL FROM DECISION OF LABOR COMMISSIONER UNDER LABOR CODE §98.2 ........................................................................................... 13 RULE 5.08 JUDGMENT OF COSTS ON APPEAL............................................................... 13 RULE 5.09 SANCTIONS ........................................................................................................ 13 RULE 5.10 (RESERVED) ....................................................................................................... 14 RULE 5.11 (RESERVED) ....................................................................................................... 14 RULE 5.12 DEFAULT PROVE-UPS ..................................................................................... 14 RULE 5.13 TELEPHONIC APPEARANCES ........................................................................ 14 RULE 5.14 FACSIMILE FILING ........................................................................................... 14 RULE 5.15 SCHEDULING EX PARTE MOTIONS AND APPLICATIONS ....................... 15

Local Rules of the Superior Court of California, County of Shasta iii RULE 5.16 PAYMENT OR WAIVER OF FEES ................................................................... 15 RULE 5.17 LAW AND MOTION MATTERS ....................................................................... 15 RULE 5.18 CONFLICTING COURT APPEARANCES ........................................................ 16 RULE 5.19 RULES FOR ACTIONS ARISING UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT--PUBLIC RESOURCES CODE

SECTION 21000 ET SEQ. ................................................................................... 16 RULE 5.20 SMALL CLAIMS ADVISORY SERVICES ....................................................... 20 RULE 5.21 SERVICE BY DELIVERY TO CLERK OF THE COURT ................................ 20 RULE 6.01 FILING CRIMINAL COMPLAINTS AND CITATIONS .................................. 21 RULE 6.02 BAIL ..................................................................................................................... 21 RULE 6.03 ARREST AND SEARCH WARRANTS ............................................................. 23 RULE 6.04 ARRAIGNMENT ................................................................................................. 24 RULE 7.01 NEGOTIATIONS PRIOR TO SETTLEMENT CONFERENCE ........................ 25 RULE 7.02 THE SETTLEMENT CONFERENCE ................................................................. 25 RULE 7.03 PRETRIAL MOTIONS ........................................................................................ 25 RULE 7.04 TRIAL SETTINGS ............................................................................................... 26 RULE 7.05 READINESS CALENDAR .................................................................................. 26 RULE 7.06 (RESERVED) ....................................................................................................... 26 RULE 8.01 DISCOVERY ........................................................................................................ 26 RULE 9.01 EXERCISE OF CHALLENGES PURSUANT TO CCP §170.6 IN FELONY CASES .................................................................................................................. 27 RULE 9.02 MOTIONS AT TRIAL ......................................................................................... 27 RULE 9.03 SUBMISSION OF CRIMINAL JURY INSTRUCTIONS................................... 27 RULE 9.04 CRIMINAL TRIAL READINESS AND TRIAL ASSIGNMENT ...................... 28 RULE 9.05 CRIMINAL PRE-VOIR DIRE CONFERENCE .................................................. 30 RULE 10.01 TIME ESTIMATES FOR PRELIMINARY EXAMINATIONS ......................... 30 RULE 10.02 CONTINUANCES OF PRELIMINARY EXAMINATIONS ............................. 30 RULE 10.03 EXERCISE OF CHALLENGES PURSUANT TO CCP §170.6 ......................... 31 RULE 11.01 (RESERVED) ....................................................................................................... 31 RULE 11.02 (RESERVED) ....................................................................................................... 31 RULE 11.03 CONTESTING A TICKET .................................................................................. 31

Local Rules of the Superior Court of California, County of Shasta iv RULE 11.04 (RESERVED) ....................................................................................................... 31 RULE 11.05 TRIAL CONTINUANCES ................................................................................... 31 RULE 11.06 TRIALS BY DECLARATION............................................................................. 32 RULE 11.07 ABILITY TO PAY/ONLINE PILOT PROGRAM (TRAFFIC) .......................... 32 RULE 13.01 SANCTIONS ........................................................................................................ 32 RULE 13.02 MENTAL COMPETENCY PROCEEDINGS ..................................................... 32 RULE 13.03 SENTENCE MODIFICATIONS.......................................................................... 33 RULE 13.04 CLAIMS FOR PAYMENT BY COURT APPOINTED COUNSEL................... 33 RULE 13.05 FELONY AND MISDEMEANOR HOME COURTS ......................................... 37 RULE 13.06 REQUIREMENTS FOR APPOINTED COUNSEL IN CAPITAL CASES ........ 37 RULE 13.07 TRANSFER OF PROBATION ............................................................................ 38 RULE 13.08 FACSIMILE FILING ........................................................................................... 38 RULE 14.01 FAMILY COURT SERVICES COUNSELING .................................................. 38 RULE 14.02 CHILD CUSTODY EVALUATIONS ................................................................. 40 RULE 14.03 FAMILY LAW FACILITATOR .......................................................................... 41 RULE 14.04 (RESERVED) ....................................................................................................... 41 RULE 14.05 FAMILY-CENTERED CASE RESOLUTION PROCESS ................................. 41 RULE 14.06 AT-ISSUE MEMORANDUM/ REQUEST FOR TRIAL .................................... 42 RULE 14.07 CHILD SUPPORT AND TEMPORARY SPOUSAL OR PARTNER SUPPORT ............................................................................................................. 43 RULE 14.08 (RESERVED) ....................................................................................................... 44 RULE 14.09 SERVICE BY DELIVERY TO CLERK OF THE COURT ................................ 44 RULE 14.10 MANDATORY DISCLOSURE OF INFORMATION IN CUSTODY AND VISITATION MATTERS .................................................................................... 44 RULE 14.11 FACSIMILE FILING ........................................................................................... 44 RULE 14.12 STANDARDS OF PRACTICE FOR PROVIDERS OF SUPERVISED VISITATION ........................................................................................................ 44 RULE 15.01 SERVICE OF OBJECTION TO PETITION - GUARDIANSHIPS .................... 46 RULE 15.02 CAPTION OF PETITIONS AND POSTING ...................................................... 46 RULE 15.03 SIGNING AND VERIFICATION OF PLEADINGS .......................................... 47 RULE 15.04 ADDITIONAL NOTICE REQUIREMENTS ...................................................... 47

Local Rules of the Superior Court of California, County of Shasta v RULE 15.05 WORDING OF PROBATE ORDER ................................................................... 47 RULE 15.06 TIME FOR SUBMITTING ORDERS AND AFFIDAVITS OF PUBLICATION .................................................................................................... 47 RULE 15.07 (RESERVED) ....................................................................................................... 47 RULE 15.08 ORDER FOR FAMILY ALLOWANCE.............................................................. 47 RULE 15.09 COMMISSIONS AND FEES IN PROBATE ESTATES .................................... 48 RULE 15.10 REQUIRED MATTERS IN A PETITION FOR FINAL DISTRIBUTION ........ 49 RULE 15.11 ACCOUNTS IN PROBATE PROCEEDINGS .................................................... 50 RULE 15.12 PETITION TO ESTABLISH FACT OF DEATH ................................................ 50 RULE 15.13 CONSERVATORSHIPS – CARE PLANS .......................................................... 51 RULE 15.14 GUARDIANSHIPS - ANNUAL REPORTS........................................................ 51 RULE 15.15 TENTATIVE RULINGS ...................................................................................... 51 RULE 15.16 TELEPHONIC APPEARANCES ........................................................................ 51 RULE 15.17 FEES AND COMMISSIONS IN GUARDIANSHIPS, CONSERVATORSHIPS AND TRUSTS............................................................. 52 RULE 15.18 COURT INVESTIGATION OF PETITIONS TO APPOINT GUARDIANS OR CONSERVATORS ........................................................................................ 53 RULE 15.19 FACSIMILE FILING ........................................................................................... 54 RULE 15.20 TERMINATION OF CONSERVATORSHIP- DEATH OF CONSERVATEE .. 54 RULE 16.01 ALL PURPOSE ASSIGNMENT ......................................................................... 54 RULE 16.02 PROCEDURES AND TIME FRAMES FOR CONTESTED ISSUES ................ 54 RULE 16.03 MEET AND CONFER REQUIREMENT............................................................ 55 RULE 16.04 WRITTEN WAIVER............................................................................................ 55 RULE 16.05 ATTORNEYS FOR PARTIES ............................................................................. 55 RULE 16.06 AUTHORIZATION FOR USE OF PSYCHOTROPIC DRUGS ......................... 57 RULE 16.07 PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD ...................................................................................... 58 RULE 16.08 COMPLAINTS AGAINST ATTORNEYS FOR PARTIES IN DEPENDENCY PROCEEDINGS ....................................................................... 59 RULE 16.09 CONFIDENTIALITY OF RECORDS/PETITIONS (Dependency and Delinquency Proceedings) .................................................................................... 59

Local Rules of the Superior Court of California, County of Shasta vi RULE 16.10 COURT-APPOINTED SPECIAL ADVOCATES ............................................... 61 RULE 17.01 RECORD ON APPEAL – TRIAL COURT FILE INSTEAD OF CLERK’S TRANSCRIPT ...................................................................................................... 63 RULE 18.01 LOCAL FORMS ................................................................................................... 64

Local Rules of the Superior Court of California, County of Shasta 1

SECTION 1 GENERAL RULES RULE 1.01 CITATION OF RULES These Rules shall be known and cited as the "Local Rules of Court" for the Shasta County Superior Court. (Amended, effective January 1, 1999) RULE 1.02 EFFECTIVE DATE OF RULES These Rules shall take effect on July 1, 1992. (Adopted, effective July 1, 1992) RULE 1.03 EFFECT OF RULES These Rules shall, on their effective date, supersede all local court rules previously adopted. (Adopted, effective July 1, 1992) RULE 1.04 CONSTRUCTION AND APPLICATION OF RULES These Rules shall be construed and applied in such a manner as not to conflict with the California Rules of Court and shall be liberally construed to facilitate and promote the business and administration of justice of the Superior Court.

These Rules do not apply to Small Claims Division actions or proceedings unless the text of a specific rule otherwise indicates. Unless otherwise specifically provided, any reference in these rules to a law or laws, or rule of court, shall be deemed to refer to the law or laws, or rule of court as currently written or as hereafter may be amended.

The Executive Officer, as Clerk of the court, shall be the official publisher of these rules and shall maintain a set of the rules in the clerk’s offices for public inspection and shall make available copies for sale at a reasonable fee. (Amended, effective July 1, 2002) RULE 1.05

DEFINITIONS OF WORDS USED IN THESE RULES (

A) The

definitions set forth in the California Rules of Court, Rule 1.6, shall apply to these Rules with equal force and for all purposes, unless the context or subject matter otherwise requires. (

B) The word "person" shall include and apply to corporations, firms, associations, and all other entities, as well as natural persons. (

C) The word "affidavit" includes declaration and "declaration" includes affidavit. (

D) The use of the masculine, feminine, or neuter genders shall include the others.

Local Rules of the Superior Court of California, County of Shasta 2 (

E) The word "court" shall mean the Superior Court of the State of California in and for the County of Shasta. It shall include any judge, commissioner or temporary judge appointed or elected to the court and any judge duly assigned to the court. (

F) The word "judgment" includes and applies to any judgment, order or decree from which an appeal lies. (Amended, effective July 1, 2002) RULE 1.06 AMENDMENT, ADDITION, OR REPEAL OF RULES These Rules may be amended or repealed, and new Rules may be added by a majority vote of the judges of the court. (Amended, effective January 1, 1999) RULE 1.07 TIMELY APPEARANCE OF COUNSEL AND REQUIRED NOTIFICATION (

A) Except as set forth herein, once an attorney has made a general appearance in any matter, civil or criminal, that attorney shall appear in the department to which the matter has been assigned at or before the time set for any proceeding in that matter. (

B) Except as set forth herein, once the attorney appears on a matter, the attorney shall not leave the department to which the matter has been assigned until the matter has been called and all proceedings scheduled for that matter have concluded. (

C) However, the attorney may appear at or before the start of any calendar to which his or her matter is assigned to notify the court the attorney will be late due to an appearance in another department. Counsel may also seek approval of the court to leave the court prior to the conclusion of the matter assigned to one department in order to appear in matters set in other departments. (

D) An attorney shall not be late for a court appearance or fail to appear at a court appearance except for good cause shown. (

E) If counsel cannot be present at or before the time the matter is set, counsel shall notify the judicial assistant of the bench officer who normally sits in the assigned department prior to the time the matter is set. Counsel shall also inform the judicial assistant of the reason for his or her late appearance and an estimated time of arrival. The judicial assistant shall notify the bench officer or the clerk of the department to which the matter is assigned. It shall be deemed good cause if counsel has conflicting court appearances and complies with the notice requirements of this rule. (

F) Violation of this rule may subject the attorney to sanctions pursuant to Rules 5.09 and 13.01 of these Local Rules. (Amended, effective January 1, 2018)

Local Rules of the Superior Court of California, County of Shasta 3 RULE 1.08 REQUIRED ATTORNEY NOTIFICATION FOR UNOPPOSED AND DROPPED MATTERS (

A) If an attorney will not oppose a motion filed by opposing counsel, that attorney shall promptly so notify opposing counsel and the judicial assistant of the bench officer before whom the matter is set. (

B) If an attorney has calendared a proceeding and decides to request the matter be dropped from calendar, the attorney shall promptly notify opposing counsel and the judicial assistant of the bench officer before whom the matter is set. (

C) Violation of this rule may subject the attorney to sanctions pursuant to Rules 5.09 and 13.01 of these Local Rules. (Amended, effective January 1, 2015)

SECTION 2 ADMINISTRATIVE MATTERS RULE 2.01 SUPERVISION OF THE BUSINESS OF THE COURT (

A) The judicial business of the court shall be supervised by the Presiding Judge, with the management assistance of the Executive Officer. (

B) With respect to a decision pertaining to the judicial business of the court which requires a majority vote of the judges, and the vote is evenly divided, and at least two judges declare that a deadlock exists, the Presiding Judge shall be afforded one additional vote. (

C) The administrative business of the court shall be conducted by the Administrative Office of the Shasta County Superior Court, as more particularly described herein. (Amended, effective January 1, 1999) RULE 2.02 DUTIES OF THE PRESIDING JUDGE AND ASSISTANT PRESIDING JUDGE The Presiding Judge and Assistant Presiding Judge of the court shall perform those duties set forth in California Rules of Court, Rule 10.603, as they apply, and shall be guided by the principles in the "Standards of Judicial Administration" set forth in the Appendix to the California Rules of Court, Division I. (Amended, effective July 1, 2002) RULE 2.03 ASSISTANT PRESIDING JUDGE When the Presiding Judge is absent due to vacation or illness or for other cause, he or she shall be replaced by the Assistant Presiding Judge.

The Assistant Presiding Judge shall, during that period, have all the powers and authority of the Presiding Judge. (Amended effective January 1, 1996)

Local Rules of the Superior Court of California, County of Shasta 4 RULE 2.04 THE EXECUTIVE OFFICER, ASSISTANT EXECUTIVE OFFICER, AND CLERK OF THE COURT The Executive Officer shall also serve as Clerk of the court. The Assistant Executive Officer shall be directly responsible to the Executive Officer in all matters relating to the administration of the court. The Executive Officer has ultimate responsibility, under the direction of the Presiding Judge for planning, organizing, and directing the nonjudicial activities of the court.

The Executive Officer shall be responsible for the operation of the Administrative Office of the Shasta County Superior Court and shall perform those duties set forth in California Rules of Court, Rule 10.610, and in job descriptions approved by the court from time to time. (Amended, effective January 1, 1999) RULE 2.05 COMMISSIONERS AND JUDGES PRO TEM (

A) Court commissioners for the court shall be appointed by and serve at the pleasure of a majority of its judges, and under the control and supervision of the Presiding Judge. Within the jurisdiction of the court and under the direction of its judges, commissioners of the court shall exercise all the powers and perform all of the duties authorized by law to be performed by commissioners of the appointing court. At the direction of the judges of the court, commissioners may have the same jurisdiction and exercise the same powers and duties as the judges of the appointing court and with the consent of the parties, where required by law, may hear any other action as a judge pro tem. (

B) Temporary judges shall be appointed in accordance with Rule 2.814 of the California Rules of Court and serve under the control and supervision of the Presiding Judge. Temporary judges shall hear matters as assigned by the Presiding Judge. (Amended, effective July 1, 2002) RULE 2.06 COURT REPORTERS (

A) Notice is hereby given that an official court reporter will normally be available in the following departments for the following types of matters: Department 21 All felony and juvenile matters, or as otherwise directed by the Court Department 22 All felony and juvenile matters, or as otherwise directed by the Court. Department 23 All felony and juvenile matters, or as otherwise directed by the Court. Department 24 All felony and juvenile matters, or as otherwise directed by the Court. Department 42 All felony and juvenile matters, or as otherwise directed by the Court. Department 43 No reporter supplied unless directed by the Court.

Local Rules of the Superior Court of California, County of Shasta 5 Department 44 All felony and juvenile matters, or as otherwise directed by the Court. Department 51 No reporter supplied unless directed by the Court. Department 52 No reporter supplied unless directed by the Court. Department 53 All juvenile matters, or as otherwise directed by the Court. Department 54 All felony and juvenile matters, or as otherwise directed by the Court. Department 63 No reporter supplied unless directed by the Court. Department 64 No reporter supplied unless directed by the Court. (

B) Civil Cases. Official court reporters are not normally available in civil cases. Requests for court reporting services in civil cases shall be made in accordance with California Rules of Court, Rule 2.956, which may be submitted on Judicial Council form FW-020, Request for Court Reporter by Party with a Fee Waiver. Where the request is timely submitted and granted, a clerk will notify the requestor as soon as possible if no court reporter will be available.

Given the limited availability of official court reporters, notice of the unavailability of a court reporter may not be given until the day of the hearing or trial. When a request for an official court reporter is made in accordance with this paragraph (

B) by a party with a fee waiver in a limited civil case, a court reporter will not be provided, but instead the proceeding will be electronically recorded by the court to make the official verbatim record of proceedings as provided in Government Code

section 69957 and California Rules of Court, rule 2.952. (Amended, effective July 1, 2024) RULE 2.07 (RESERVED (Amended, effective October 15, 2014) RULE 2.08 JURY SELECTION BOUNDARIES In accordance with Code of Civil Procedure § 190, et seq., there is hereby established one county-wide geographical selection area for the purpose of producing juror summons lists for the court. All jury trials shall be conducted in Redding, absent an order to the contrary by the Presiding Judge. (Amended, effective January 1, 1999) RULE 2.09 CASE DISPOSITION TIME STANDARDS (

A) It is the policy of the court to manage all cases from filing (in civil matters) and first appearance (in criminal matters) through final disposition. This policy is to be construed in a fashion which is consistent with existing law. This policy is established to maximize efficient use of court resources; to improve the administration of justice by encouraging

Local Rules of the Superior Court of California, County of Shasta 6 prompt disposition of all matters coming before the court; and to resolve cases within the time standards established in the California Rules of Court, Standards of Judicial Administration (hereinafter, "The Standards"), sections 2.1 and 2.2, which are incorporated herein by this reference as follows: (B) [General civil cases] The goals for general civil cases, as defined in California Rules of Court, Rule 3.714, are: (1) [Unlimited Civil Cases] (a) 75 percent disposed of within 12 months of filing; (b) 85 percent disposed of within 18 months of filing; and (c) 100 percent disposed of within 24 months of filing. (2) [Limited Civil Cases] (a) 90 percent disposed of within 12 months of filing; (b) 98 percent disposed of within 18 months of filing; and (c) 100 percent disposed of within 24 months of filing. (C) [Small claims cases] The goal for small claims cases is 100 percent disposed of within: (1) 30 days after filing if all defendants reside within the county; (2) 60 days after filing if a defendant resides outside the county. (D) [Unlawful detainer cases] The goals for unlawful detainer cases are: (1) 90 percent disposed of within 30 days after filing; (2) 100 percent disposed of within 45 days after filing. (E) [Misdemeanor cases] The goals for misdemeanor cases are: (1) 90 percent disposed of within 30 days after the defendants' first court appearance; (2) 98 percent disposed of within 90 days after the defendants' first court appearance; (3) 100 percent disposed of within 120 days after the defendants' first court appearance. (F) [Felony preliminary examinations] The goal for felony filings, excluding murder cases in which the prosecution seeks the death penalty, is disposition (by certified plea, finding of probable cause, waiver of preliminary examination, or dismissal) of: (1) 90 percent within 30 days after the defendants' first court appearance; (2) 98 percent within 45 days after the defendants' first court appearance; (3) 100 percent within 90 days after the defendants' first court appearance. (G) [Felony cases] The goal for all felony cases is disposition within one year of first appearance in any court, except for capital cases. (

H) In order to meet the standards for timely disposition, additional procedures, guidelines, and requirements are set forth elsewhere in these Rules. (Amended, effective July 1, 2004) RULE 2.10 SMOKING

Local Rules of the Superior Court of California, County of Shasta 7 The court recognizing that smoking is harmful even to non-smokers in close proximity to smokers, and further recognizing that some individuals are substantially offended by tobacco smoking in closely confined areas, it is a rule of the court, and an ordinance of this county, that no smoking will be permitted in jury deliberation rooms, in the jury assembly room, or in any enclosed public area, at any time.

The jury foreperson may, upon the request of any juror or jurors, allocate smoking breaks, not to exceed 10 minutes each hour of deliberation, during which time jurors may adjourn out of doors to smoke. During such periods, deliberations will be suspended and jurors will not in any way discuss the case at hand. The judge presiding over each trial will advise the jurors of this court rule, and will admonish them respecting discussions during smoking breaks. Counsel may stipulate that an initial admonishment will be sufficient without repetition at each break.

The foreperson of the jury will make arrangements with the bailiff respecting times selected for smoking breaks, and the bailiff will remain in attendance during such periods. (Amended, effective January 1, 1995) RULE 2.11 COORDINATED COURTS - UNIFIED COURT Prior to June 3, 1998, the Superior and Municipal courts completed administrative and judicial coordination as explained and defined in California Rules of Court, Rule 991 (Repealed 7/1/02). (Amended, effective January 1, 1999) RULE 2.12 PAGERS AND CELLULAR PHONES Cellular telephones and audible pagers must be turned off before entering courtrooms and may not be used within any of the courtrooms. (Adopted, effective July 1, 1997) RULE 2.13 REQUESTS FOR ACCOMMODATION BY PERSONS WITH DISABILITIES The court does not discriminate on the basis of disability with respect to admission to, access to, or the operations of its programs, services, benefits or activities.

Disabled persons wishing to request accommodations may do so by completing Judicial Council Form MC-410, Request for Accommodations by Persons with Disabilities and Response, and sending it to the Court ADA Coordinator, 1515 Court Street, Redding, CA 96001. Requests for accommodation may also be made by telephoning (530) 245-6761, or via email at acoordinator@shasta.courts.ca.gov. Interpreters, including sign language interpreters, are available by calling (530) 245-6727.

Assistive listening devices are available in all courtrooms without advance notice. (Amended, effective July 1, 2024) RULE 2.14 REQUESTS FOR CLERK TO SIGN DOCUMENTS The Clerk of the Court will not execute documents on behalf of any party unless the party seeking the clerk’s signature has first obtained an order of the court directing the clerk to sign the specific document(

s) the clerk is requested to sign. Absent good cause for proceeding on an ex parte basis, a request for such an order shall be made by noticed motion, which motion shall include a proposed order with exact copies of the subject document(

s) attached to the proposed

Local Rules of the Superior Court of California, County of Shasta 8 order. The original document to be signed shall be lodged with the clerk, and shall contain the following specific language in place of the party’s signature: _____________________________, by _______________________, Clerk of the Court, as duly appointed Court Commissioner for _____________________, in Shasta County Superior Court No. _______________ A party obtaining an order for clerk’s signature may be required to arrange for its own notary if the court is unable to provide a notary.

Confirmation of an available notary should be made by contacting Court Administration prior to obtaining an order under this rule. (Amended, effective July 1, 2015). RULE 2.15 JUDICIAL VACATION DAY DEFINED A day of vacation for a judge of the Superior Court of California, County of Shasta, is an approved absence from the court for one full business day. Other absences listed in California Rules of Court, Rule 10.603 (c)(2)(

H) are excluded from this definition. (Adopted, effective July 1, 2006) RULE 2.16 PLACE FOR FILING NOTICES OF APPEAL AND CERTAIN OTHER PLEADINGS All notices of appeal and any other pleading that requires payment of a filing fee must be filed in the clerk’s office for the type of case to which the pleading relates. (Adopted, January 1, 2011) RULE 2.17 MEDIA COVERAGE ORDERS (

A) An order granting media coverage of court proceedings pursuant to Rule 1.150 of the California Rules of Court is required for proceedings within a courtroom as well as outside of a courtroom, including all interior spaces of the courthouse, and its entrances and exits. (

B) An order granting media coverage within the courtroom applies only to coverage of proceedings in the courtroom/department of the specific judge identified, and only to the media agency (or agencies if under an approved pooling arrangement) making the request for order. An order granting media coverage outside of the courtroom applies only to coverage of the specific location(

s) identified with the order, and only to the media agency (or agencies if under an approved pooling arrangement) making the request for order. (Amended, effective July 1, 2015) RULE 2.18 RECORDING DEVICES IN THE COURTHOUSE BY NON-MEDIA

Local Rules of the Superior Court of California, County of Shasta 9 No videotaping, photographing or electronic recording of any kind is permitted by individuals in any part of the courthouse, including all interior spaces of the courthouse, and its entrances and exits.

Violation of this rule may result in the confiscation of the device used to video, photograph or record, and may be the basis for a citation for contempt of court or an order imposing monetary or other sanctions as provided by law. (Adopted, effective July 1, 2017) RULE 2.19 DIGITAL SIGNATURES The use of digital signatures on documents filed with the Court is allowed, and shall have the same force and effect as the use of a manual signature, if it complies with all of the requirements of Government Code

section 16.5(a)(1)-(5). No other form of electronic signatures will be accepted. A party who files a document containing a digital signature under this rule represents that the signer’s certificate or similar verification document is maintained in the party’s possession or control, and is subject to production upon request from the Court. (Adopted, effective July 1, 2018)

SECTION 3 CIVIL CASE MANAGEMENT RULE 3.01 SCOPE OF RULES; AUTHORITY The rules contained in this

section apply to all “general civil cases” as defined in California Rules of Court, Rule 1.6 (4). They implement and supplement the Trial Court Delay Reduction Act as set forth in Government Code §§68600-68620 and California Rules of Court, Rules 3.720-3.730. (Amended, effective January 1, 2014) RULE 3.02 ALL PURPOSE ASSIGNMENT; EXEMPTION FROM CASE MANAGEMENT CONFERENCE (

A) General civil cases shall be assigned to a judge for all purposes at the time of filing. (

B) Shasta County Superior Court does not conduct case management conferences. All limited and unlimited civil cases are exempt from case management rules as allowed by Rule 3.720 of the California Rules of Court. This constitutes Shasta County Superior Court’s alternative procedure for case processing and trial setting as required by Rule 3.720(b). (

C) All limited and unlimited civil cases will be assigned a settlement conference date and trial date at the time the complaint is filed. At the time that the summons is issued the court shall prepare a LF-CIV-100, Notice of 1) All Purpose Assignment, 2) Mandatory Settlement Conference and 3) Trial which shall include the name of the judge to whom the case has been assigned and the dates of the mandatory settlement conference and trial. No case management date will be assigned and no case management statements will be accepted for filing. (Amended, effective July 1, 2015)

Local Rules of the Superior Court of California, County of Shasta 10 RULE 3.03 SERVICE OF LF-CIV-100, NOTICE OF 1) ALL PURPOSE ASSIGNMENT, 2) MANDATORY SETTLEMENT CONFERENCE AND 3) TRIAL Plaintiffs must serve all named defendants with the LF-CIV-100; Notice of 1) All Purpose Assignment, 2) Mandatory Settlement and 3) Trial and file proof of service within 60 days after the complaint has been filed. Plaintiffs must serve the notice on any intervenor or interpleader within 10 days of being served with the complaint in intervention or interpleader.

All cross- complainants must serve the notice upon each cross-defendant at the time the cross-complaint is served. (Amended, effective October 15, 2014) RULE 3.04 MANDATORY SETTLEMENT CONFERENCE (

A) Statements. Mandatory settlement conference statements must be filed as required by Rule 3.1380(

c) of the California Rules of Court. In addition to the requirements of Rule 3.1380(c), the mandatory settlement conference statement also must include the following: (1) whether a jury is demanded or waived and whether jury fees have been posted; (2) time estimate for trial; and (3) whether the case is ready to proceed to trial as assigned. (

B) Attendance by Insurance Carrier Representative.

Pursuant to California Rules of Court, Rule 3.1380(b), good cause is deemed to have been shown to excuse from the attendance at the settlement conference insurance claims persons whose offices are more than 100 miles from the courthouse, provided those persons are available by telephone during the settlement conference. (Amended, effective July 1, 2017) RULE 3.05 COLLECTIONS CASES UNDER CRC, RULE 3.740 Collection cases, as defined in California Rules of Court, Rule 3.740, must be identified as such by the plaintiff at the time of the filing of the complaint by the filing of an accompanying limited jurisdiction Civil Case Cover Sheet specifying that the a ction is a collection case as defined in CRC, Rule 3.740.

If not so identified, the case shall be subject to disposition pursuant to the case management procedures set forth within the balance of

Section 3 of these rules. If so identified: (

A) At the time that the summons is issued, the court will prepare a LF -CIV-101, Notice- Collections Case , setting the matter for trial. Plaintiff shall serve LF -CIV-101 in accordance with Rule 3.03. (

B) Default Judgments shall be obtained pursuant to Rule 5.12 of these rules. (Amended, effective October 15, 2014) RULE 3.06 COUNSEL PERMITTED TO APPEAR; ASSOCIATION OF COUNSEL

Local Rules of the Superior Court of California, County of Shasta 11 Unless otherwise permitted by the Court, only the attorney of record, attorney approved to appear pro hac vice, or attorney who has filed a proper notice of association of counsel may appear on behalf of a party during any civil case proceeding. A notice of association of counsel must include the name, address, phone number, and bar number of at least one associating attorney, and must also be served on all parties with a proof of service attached to the original notice filed with the court. (Adopted, effective July 1, 2017)

SECTION 4 (RESERVED)

SECTION 5 MISCELLANEOUS RULES – CIVIL RULE 5.01 ATTORNEY FEES IN CIVIL ACTIONS OR PROCEEDINGS (

A) In actions on promissory notes and contracts providing for the payment of attorney fees, whenever a prevailing party is entitled to the recovery of reasonable attorney fees, the following

schedule shall be considered by the court, in its discretion, in awarding attorneys fees:

(1) Default action Exclusive of costs and interest, (

a) Twenty-five percent (25%) of the first two thousand dollars ($2,000) awarded as damages; (

b) Twenty percent (20%) of the next four thousand dollars ($4,000); (

c) Fifteen percent (15%) of the next four thousand dollars ($4,000); (

d) Ten percent (10%) of the next ten thousand dollars ($10,000); (

e) Five percent (5%) of the next thirty thousand dollars ($30,000); and (

f) Two percent (2%) of amounts in excess of the first fifty thousand dollars ($50,000).

(2) Contested action The same amount as computed under paragraph (A) (1), increased by such compensation computed on an hourly or per-day basis for any additional research, general preparation, trial or other services as may be allowed by the court. (B) (RESERVED)

Local Rules of the Superior Court of California, County of Shasta 12 (

C) Where a prevailing party is entitled to the recovery of reasonable attorney fees in an otherwise appropriate clerk's judgment; the Clerk shall include attorney fees computed pursuant to the fee

schedule contained in Rule 5.01(a)(1). (

D) In any case where a party claims fees in excess of those allowed by Rule 5.01(a)(1), application for attorney fees shall be made to the court, supported by declarations setting forth the factual basis for the claimed attorney fees. The fees will thereupon be fixed by the court. (Adopted, effective January 1, 2014) RULE 5.02 SERVICE OF LF-UD-102, NOTICE OF CASE MANAGEMENT CONFERENCE All unlawful detainer cases will be assigned a case management conference date at the time the complaint is filed. At the time that the summons is issued the court shall prepare a LF-UD-102, Notice of Case Management Conference.

Plaintiff shall serve the notice on each defendant at the time of service of the complaint. (Adopted, effective January 1, 2015) RULE 5.03 PETITIONS TO APPROVE TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS At the time of filing a petition to approve a transfer of structured settlement payment rights pursuant to Insurance Code secs. 10134 et seq. a proposed order that conforms to the moving papers and that contains the findings required by Insurance Code

sec. 10139.5 must be lodged with the court. (Amended, effective, January 1, 2014) RULE 5.04 DISCOVERY MOTIONS – SEPARATE STATEMENT Where a discovery motion requiring a separate statement under CRC 3.1345 is filed, the court permits, without leave of court, that a concise outline of the discovery request and each response in dispute be filed in lieu of the separate statement. Where further information in necessary to make a determination on the discovery motion, the court may request either or both parties to file a separate statement. (Amended, effective January 1, 2020) RULE 5.05 FORM OF JUDGMENT In drafting forms of judgment for the trial judge to sign, counsel shall: (

A) Clearly show the full names of the parties for whom, and against whom, the judgment is rendered, including their capacities as plaintiffs, defendants, cross-complainants and cross-defendants; (

B) Refer to such full names as they appear in the pleadings, or obtain an order amending the pleadings in respect to such names; and

Local Rules of the Superior Court of California, County of Shasta 13 (

C) Unless costs have already been awarded in a specific amount, leave a blank space for insertion of any costs, as follows: "and costs in the sum of $ __________________." (Adopted, effective July 1, 1992) RULE 5.06 STIPULATED JUDGMENT FORM TO BE SEPARATE FROM STIPULATION If the parties enter into a written stipulation for an order or judgment, a copy of the proposed order or judgment may be attached as an exhibit to such stipulation. However, the proposed order or judgment to be signed and filed shall be lodged as a separate document. (Amended, effective January 1, 2014) RULE 5.07 APPEAL FROM DECISION OF LABOR COMMISSIONER UNDER LABOR CODE §98.2 (

A) Any party filing a Notice of Appeal of the order, decision or award of the Labor Commissioner pursuant to Labor Code §98.2, shall file with the Clerk of the Court:

(1) A copy of the complaint and any answer filed with the Labor Commissioner;

(2) A complete copy of the order, decision, or award of the Labor Commissioner, which shall include a

summary of the hearing and the reasons for the decision if provided by the Labor Commissioner; and

(3) A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner. (

B) The Notice of Appeal filed pursuant to Labor Code §98.2 shall be treated as the first paper for the purpose of determining the filing fee. (Amended, effective July 1, 2019) RULE 5.08 JUDGMENT OF COSTS ON APPEAL A party seeking judgment for costs awarded on appeal shall submit a separate Judgment Re Costs/Fees on Appeal for signature, following timely filing and service of a verified memorandum of costs pursuant to California Rules of Court, Rule 8.278.

Judgment for costs on appeal will be entered after the time has passed for a motion to strike or tax costs or for determination of that motion. (Amended from Reserved status, adopted effective January 1, 2021) RULE 5.09 SANCTIONS A violation of these Rules of Court constitutes a violation of a lawful court order, as that term is used in Code of Civil Procedure §177.5, and may subject the party and/or counsel to sanctions thereunder, or under Code of Civil Procedure §575.2, or as otherwise provided by law.

Local Rules of the Superior Court of California, County of Shasta 14 (Amended, effective January 1, 2014) RULE 5.10 (RESERVED) (Amended, effective July 1, 2013) RULE 5.11 (RESERVED) (Amended, effective January 1, 2014) RULE 5.12 DEFAULT PROVE-UPS Except in cases concerning which the Clerk may enter judgment without review by a judicial officer (CCP §585(a)), it is the general policy of the court that prove-up applications and evidence in support thereof be presented in written form, unless prohibited by law (CCP §585(c)). (Amended, effective January 1, 2014) RULE 5.13 TELEPHONIC APPEARANCES (

A) Counsel are permitted to appear by telephone in civil law and motion hearings, including ex parte applications and conferences set by the court for the purpose of case status or review. Unless otherwise ordered by the court, telephonic appearances will not be allowed at any proceeding at which witnesses will be called to testify or at settlement conferences. (

B) Unless leave of court is obtained to contact the court directly by telephone, all telephonic appearances shall be through a private vendor with which the court has made arrangements to provide teleconferencing services. Counsel wishing to appear by telephone must contact the vendor, Court Call at (888) 882-6878 prior to the hearing and comply with the vendor’s procedures. (

C) Notwithstanding any other provision of this rule, the court may at any time require the personal appearance of any party. (Amended, effective July 1, 2015) RULE 5.14 FACSIMILE FILING This court does not accept direct fax filings as provided by CRC Rule 2.304. This court will accept filings through a fax filing agency in accordance with CRC Rule 2.303, with the exception of those documents identified in CRC 2.300(b). “Fax filing agency” means an entity That receives documents by fax for processing and filing with the trial courts.

An attorney or law office may be a “fax filing agency” for the attorney, law office or others so long as all duties and requirements under CRC Rules 2.303 and 2.305 are met. (Amended, effective July 1, 2019)

Local Rules of the Superior Court of California, County of Shasta 15 RULE 5.15 SCHEDULING EX PARTE MOTIONS AND APPLICATIONS To secure a date and time for hearing ex parte motions and other ex parte applications for which personal appearances are required consistent with the California Rules of Court, the party making the application shall contact the judicial assistant for the bench officer in whose department the matter is to be heard in order to

schedule the hearing. In the event the party making the application elects not to proceed with the ex parte application, said party shall immediately so inform the court. (Amended, effective July 1, 2015) RULE 5.16 PAYMENT OR WAIVER OF FEES Pursuant to Government Code §68634(d), the court delegates to the clerk authority to grant applications for fee waivers that meet the standards of eligibility established by Government Code Sections 68632 and 68633. (Amended, effective January 1, 2014; lettering deleted effective July 1, 2016) RULE 5.17 LAW AND MOTION MATTERS (

A) Law and Motion Calendars. All demurrers, motions and other applications for orders (except ex parte applications), and any other matters in connection with “general civil actions” as defined in California Rules of Court, Rule 1.6(4), customarily heard and determined as law and motion matters shall be set on each Monday in the department to which the action has been assigned for all purposes. However, when Monday is a court holiday such matters shall be set for the following court day, absent other or further order of court. (

B) Continuances and Withdrawals. A party seeking to continue a law and motion hearing, or who does not intend to proceed in any matter on the date set, must file with the Court and serve on all parties a notice of continuance or withdrawal of the hearing date, at least two court days before the originally scheduled hearing date. A notice of continuance must contain a declaration by counsel that all parties to the law and motion proceeding have agreed to the continuance, a continued hearing date and time must be set forth, and proof of service must be attached.

A notice of withdrawal must have a proof of service attached. Notwithstanding any agreement by the parties, the Court may reject a continuance or notice of withdrawal, and/or select a new continued hearing date different from the date set forth by the parties. Failure of the moving party to comply with this rule may result in the matter being taken off calendar or deemed to have been submitted for the Court’s ruling, and/or the imposition of monetary sanctions. (

C) Tentative rulings. This Court does not follow the procedures described in Rules of Court, Rule 3.1308(a). Tentative rulings are available online no less than 12 hours in advance of the time set for hearing. The rulings may be found on the court’s website (www.shasta.courts.ca.gov) and are available by clicking on the “Tentative Rulings” link.

Local Rules of the Superior Court of California, County of Shasta 16 A party is not required to give notice to the Court or other parties of intent to appear to present argument. The tentative ruling, or other such ruling as the Court may render, will not become the final ruling of the court until the hearing. This rule does not require a judge to issue a tentative ruling. (

D) Proposed orders. The moving party shall submit a proposed order at the time of filing any demurrer, motion or other application for order. (Amended, effective July 1, 2024) RULE 5.18 CONFLICTING COURT APPEARANCES When counsel has court appearances set in two or more court departments at the same time, he or she shall so advise the courtroom clerks and request priority handling in one department and that the proceeding in the other department(

s) trail the first. (Adopted, effective January 1, 2005) RULE 5.19 RULES FOR ACTIONS ARISING UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT--PUBLIC RESOURCES CODE

SECTION 21000 ET SEQ. (A)

(1) Where filed. Actions in the nature of mandate challenging an agency decision under the California Environmental Quality Act (Public Resources Code §21000 et seq.) shall be filed in the civil

section of the clerk’s office and the case shall be thereafter assigned for all purposes to a judge designated by the presiding judge.

(2) Status conference. (

a) Request for status conference. At the time that a petition is filed in accordance with these rules, the petitioner shall request the court set a status conference before the judge assigned to the case within fifty (50) days of the date of filing of the petition, and serve notice of the date of the Status Conference on the respondent. (

b) Briefing

schedule and hearing on the petition. The court shall set a tentative date for a hearing on the petition and set a tentative briefing

schedule at the status conference. The hearing date and the briefing

schedule may be advanced or continued by the Court on its own motion or on noticed motion of a party for good cause shown. The memoranda of points and authorities, including length, shall be in accordance with California Rules of Court, Rule 3.1113, unless otherwise ordered by the court. The briefs shall contain specific references to the administrative record, by record page number and the document title, in support of any factual contentions asserted by a party in its brief. A reference to “the whole file” is not a specific reference. Each brief shall have a separate appendix page that lists the page number of each page of the administrative record cited in the brief.

Local Rules of the Superior Court of California, County of Shasta 17 (

B) Mediation. In accordance with Government Code §66031, within five (5) days after the deadline for respondent to file a response to the action, petitioners shall prepare and lodge with the civil clerk a notice form for the court’s signature inviting mediation. The clerk shall then mail the notice of invitation to the parties. (

C) Preparation of the Administrative Record.

(1) Preparation of the record by the public agency. Within twenty (20) calendar days after receipt of the request to prepare the administrative record, the public agency responsible for the preparation shall personally serve on petitioners a preliminary notification of the estimated cost of preparation, including the agency’s normal cost per page, any other reasonable costs the agency may anticipate, and an estimate of the probable number of pages.

The preliminary notification shall also state, to the extent that the information is known to the agency, the location of documents that are anticipated to be incorporated into the administrative record; the contact person or persons responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection.

The agency shall supplement the preliminary notification from time to time as additional documents are located or are determined to be appropriate for inclusion in the record.

(2) Election by petitioners. (

a) Upon receipt of the preliminary notification, petitioners may elect to prepare the record themselves provided that they notify the agency within five (5) calendar days of receipt. Within forty (40) calendar days of service of the notice of the request to prepare the administrative record, petitioners shall prepare and serve on all parties a detailed index listing the documents proposed by petitioners to constitute the record.

Within seven (7) calendar days of service of petitioners’ proposed document index, the agency and any other party shall prepare and serve on petitioners a notice specifying any documents or items that the agency or party contends should be added to or deleted from the record as proposed by petitioners. The agency shall promptly notify petitioners of any required photocopying procedures or other conditions with which petitioners must comply to prepare the record. (

b) If petitioners do not elect to prepare the record themselves, then within forty (40) calendar days after service of the request to prepare the administrative record, the agency shall prepare and serve on all parties a detailed index listing the documents proposed by the agency to constitute the record together with a supplemental estimated cost of preparation.

Local Rules of the Superior Court of California, County of Shasta 18 Within seven (7) calendar days after service of the agency’s proposed documents index, petitioners and any other parties shall prepare and serve the agency and all parties with a notice specifying any documents or items that a party contends should be added to or deleted from the record.

(3) Preparation of the record by petitioners.

Within twenty (20) calendar days after receipt of petitioners’ notice of election to prepare the record themselves, the public agency responsible for certification of the record shall personally serve on petitioners a preliminary notification designating the location of documents that are anticipated to be incorporated into the administrative record; the contact person or persons responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection and copying.

The preliminary notification from the agency shall also notify petitioners of any required photocopying procedure or other conditions with which petitioners must comply to prepare the record. The agency shall supplement the preliminary notification from time to time as additional documents are located or are determined to be appropriate for inclusion in the record.

Within forty (40) calendar days after service of petitioners’ notice of election to prepare the administrative record, petitioners shall prepare and serve on all parties a detailed index listing the documents proposed by petitioners to constitute the record. Within seven (7) calendar days of service of petitioners’ proposed document index, the agency and any other party shall prepare and serve on petitioners a notice specifying any documents or items that the agency or party contends should be added to or deleted from the record as proposed by petitioners. (

D) Format of Administrative Record.

(1) Lodging original documents. The original of an environmental document may be lodged as part of the administrative record provided that exact copies of the original are provided to all parties in the action.

(2) Volume designation. The administrative record shall be lodged in one or more volumes of loose-leaf three-ring binders, tabbed by document number and prominently titled “ADMINISTRATIVE RECORD VOL. 1”, etc. Each volume shall consist of not more than three hundred (300) pages and shall be numerically tabbed by the document number in the volume. Each volume shall have a cover- page listing each document in the volume by the number of the tab at which it appears, the full title of the document, and the page number of the record of the first page of the document. The volume number shall also be printed on the spine of each binder.

(3) Organization. Prior to certification and lodging, the administrative record shall be organized with the documents in the following order:

Local Rules of the Superior Court of California, County of Shasta 19 (

a) The Notice of Determination; (

b) The Resolution(

s) or Ordinance(

s) adopted by the lead agency approving the project, including any resolution(

s) or ordinance(

s) adopted in compliance with Public Resources Code §§21081 and 21081.6; (

c) The Draft or revised Draft Environmental Impact Report and initial study; (

d) The comments received on and the responses to those comments prepared for the Draft Environmental Impact Report or Negative Declaration, including any modifications to the environmental documents and project made after the comment period; (

e) The remainder of the Final Environmental Impact Report (e.g., the Technical Appendices and other technical materials); (

f) The staff reports prepared for the approving bodies of the lead agency; (

g) Transcripts and/or minutes of hearings; (

h) The remainder of the administrative record, in chronological order if possible. The above table of organization is not intended to dictate the content of the record but rather to describe a uniform order for those documents typically contained in an administrative record. Documents to be included in the record are specified in Public Resources Code §21167.6(e). (

E) Certifying and Lodging the Record. Upon completion and preparation of the record, it must be certified by the agency before it is filed with the court. If the agency has prepared the record, it shall make the required certification and shall personally serve the record and lodge it with the court no later than sixty (60) days after the request. If the petitioners have elected to prepare the record, the petitioners must transmit it to the agency for certification.

After certification, petitioners shall then personally serve the record and lodge it with the Court no later than sixty (60) days after service of the notice of election to prepare the record. An extension of the sixty (60) day period may be requested by filing a stipulation signed by all parties and obtaining court approval of the extension(

s) prior to the expiration of the sixty (60) day period. Alternatively, an extension may be requested on noticed motion prior to the expiration of the sixty (60) day period. If the agency refuses to make a complete certification, it shall make a partial certification, specifying the alleged defects in the record and stating reasons for refusing to certify portions of it. (

F) Disputes Regarding the Contents of the Administrative Record. Once the administrative record has been lodged with the court, any disputes about its accuracy or

Local Rules of the Superior Court of California, County of Shasta 20 scope shall be resolved on noticed motion. For example, if the agency has prepared the administrative record, petitioners may contend that the record as prepared omits relevant documents or contains inappropriate documents; if petitioners have prepared the record, the agency may have similar contentions. Objections to documents contained within the record shall be specific as to document number, full title, record page number, and the portion(

s) to which the objection pertains. A motion to supplement the administrative record with additional documents and/or to object to certain documents may be noticed by any party. Such motion should normally be filed as soon as possible after the record is lodged. THE PARTIES ARE STRONGLY URGED TO MEET AND CONFER IN ORDER TO RESOLVE DISPUTES REGARDING THE CONTENT OF THE ADMINISTRATIVE RECORD. The hearing to supplement the record or to object to documents shall be separate from and heard on a date prior to the hearing on the writ. Notice shall be given in accordance with Code of Civil Procedure §1005. (

G) Hearing to Certify the Administrative Record. A hearing date to certify the administrative record will normally be set by the court at the initial status conference and may be advanced or continued by the court or on noticed motion of a party for good cause shown. At the hearing to certify the record, the court will confirm or revise the tentative briefing

schedule and hearing date that were set at the initial status conference. (

H) Trial Notebook. Petitioners shall prepare a trial notebook in a three-ring binder that shall be filed with the court no later than fifteen (15) days prior to the date of the hearing. The trial notebook shall contain the petition, the answer(s), the memoranda of points and authorities, any motions previously filed and set to be heard at the trial of the action, the statement(

s) of issues required by Public Resources Code §21167.8, and any other document(

s) agreed upon by the parties. Each document in the trial notebook shall be separately tabbed with a table of contents at the front of the notebook.

The notebook shall also contain an index to evidence cited in the briefs by document title, record page number, and the volume and tab number in the administrative record. (Amended, effective July 1, 2013) RULE 5.20 SMALL CLAIMS ADVISORY SERVICES This court exempts itself from the small claims advisory service requirements set forth in Code of Civil Procedure § 116.940(b), and therefore does not administer small claims advisory services beyond the recorded telephone message and small claims information booklets set forth in Code of Civil Procedure § 116.940(c). (Amended, effective January 1, 2016) RULE 5.21 SERVICE BY DELIVERY TO CLERK OF THE COURT A party seeking to serve notice or papers on the other party, or attorney for the other party, by delivering the notice or papers to the clerk of the court pursuant to CCP

section 1011, must first

Local Rules of the Superior Court of California, County of Shasta 21 obtain an order upon application to the court. An Application and Order for Service on Clerk of the Court (Local Form LF-MSC-104) shall be submitted setting forth due diligence efforts to locate the residence of the other party, or the office or residence of the other party’s attorney. (Adopted, effective July 1, 2016)

SECTION 6 CRIMINAL RULES - FILING WARRANTS, ARRAIGNMENT AND BAIL RULE 6.01 FILING CRIMINAL COMPLAINTS AND CITATIONS (

A) All criminal complaints charging in-custody defendants shall be filed with the Clerk at the earliest time possible but in no case later than 11:00 a.m. on the morning of the day any such defendant is to first appear in court on those charges. (

B) All criminal complaints charging out-of-custody defendants shall be filed with the Clerk no later than two (2) days before the time of the defendant's first appearance on those charges. (Amended, effective January 1, 2015) RULE 6.02 BAIL (

A) GENERAL PROVISIONS

(1) Requests for increase or reduction. When bail has been set by a judge out of court, any further out of court requests for an increase or reduction shall be made to the judge who set such bail.

(2) More than one request. Any person requesting a bail reduction or increase shall disclose all such prior requests. This rule does not apply where an application or request is made after a preliminary hearing, or at an initial arraignment on The Information.

(3) Defense requests re bail/OR. (

a) No defense request for bail or O.R. may be made without prior notification to the prosecuting agency, to allow a representative to be present. (

b) When a defense request for bail or O.R. is made after normal court hours the requesting party shall, before contacting the court, arrange for the telephone availability of a representative from the prosecuting agency.

(4) Notice of request to set aside forfeiture. The prosecuting agency and the County Counsel need not be given notice of an order setting aside a forfeiture of bail pursuant to Penal Code §1305(c)(1) provided the following determinations and assessments are made:

Local Rules of the Superior Court of California, County of Shasta 22 (

a) The defendant has been delivered into the custody of the Shasta County Sheriff or the defendant appears voluntarily in court; and (

b) The defendant was delivered into the custody of the Shasta County Sheriff or appeared voluntarily in court within 180 days after entry in the minutes or mailing of the Notice of Forfeiture, together with such additional time as the court may have previously ordered pursuant to its authority under Penal Code §1305(

e) or §1305.4; and (

c) The court assess the sum of $75.00 in those cases in which the defendant has voluntarily surrendered to the court and $125.00 in those cases in which the defendant's appearance is the result of an agency arrest; as a condition to exoneration of bail in all cases (said sum representing the court's costs in reprocessing the defendant); and (

d) Where the defendant has been transported back to Shasta County at public expense, those expenses shall be assessed at actual cost. In all other cases of a motion to set aside forfeiture, the prosecuting agency and County Counsel shall be given at least 10 days prior written notice by the moving party pursuant to Penal Code §1305(k), and proof of such notice shall be filed with the court.

(5) Notice of Request for tolling or extension of time. In all cases wherein a moving party requests that the 180-day period be tolled pursuant to Penal Code §1305(e), or extended pursuant to Penal Code §1305.4, the moving party shall give to the prosecuting agency and County Counsel at least 10 days prior written notice of the motion pursuant to Penal Code §1305(k), and proof of such notice shall be filed with the court. (

B) SOURCE OF BAIL - P.C. §1275.1 - PROCEDURE When a Source of Bail Order pursuant to Penal Code §1275.1 has been signed by a judge in a case, the following procedure shall be followed by the defendant in calendaring the matter for hearing to show that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained:

(1) The Request for Hearing shall be accompanied by a declaration or offer of proof setting forth the following: (

a) The identity of the bail agent and surety, or, if there is no surety, the depositor; (

b) The source of the bond premium, including name and address of person(

s) proposing to pay said premium; and (

c) The source of the security or pledge, including the name and address of the owner, and description of the property.

Local Rules of the Superior Court of California, County of Shasta 23

(2) The declaration or offer of proof shall be filed and personally served on the prosecuting agency, not later than twenty-four (24) hours before the hearing.

(3) At the hearing, the defendant shall produce the bail agent, the person proposing to pay the premium, and the person proposing to provide the security for examination and cross-examination. (

C) REAL PROPERTY BONDS In order to post a real property bond the following procedure must be followed:

(1) A Notice of Hearing pursuant to Penal Code

section 1298 shall be filed. It shall also be served on the prosecuting agency and County Counsel. Compliance with the notice provisions of California Rules of Court, rule 4.111 is required.

(2) The Notice of Hearing shall be accompanied by an Application For Real Property Equity Bond; a declaration of the real property owners; an executed Promissory Note; a Deed of Trust made payable to “County of Shasta” as beneficiary and “Court Executive Officer” as Trustee; and a proposed order approving property bond and order for release of Defendant.

(3) In addition, the following must be filed with the original notice of hearing: (

a) An appraisal report of the fair market value of the property, dated not more than 45 days prior to filing the application for the property bond and completed by a qualified real estate appraiser; (

b) A current preliminary title report, prepared by a California title company, that includes a legal description of the property, the address or location of the property, and a listing of all encumbrances, and is dated no more than 30 days prior to the application for the property bond; and, (

c) Proof of insurance coverage of the property, sufficient to pay all encumbrances, which insurance must include “County of Shasta” as a loss payee.

The proposed Order Approving the Property Bond and Order for Release of Defendant shall not be signed unless the court makes the required finding that the equity in the property is twice the value of the amount of bail, and only upon delivery to the court of the recorded Deed of Trust. (Amended, effective January 1, 2015) RULE 6.03 ARREST AND SEARCH WARRANTS All requests for arrest warrants and search warrants shall first be presented to the District Attorney or Attorney General, as appropriate, for review and approval before delivery to the court.

All supporting declarations on arrest warrants shall be fully dated and executed before being considered by a judge. The only exceptions to District Attorney or Attorney General

Local Rules of the Superior Court of California, County of Shasta 24 review include Ramey warrants, forced blood draw warrants for suspicion of driving under the influence (DUI)/boating under the influence (BUI), and Steagald warrants. As of August 1, 2019, all search warrants must be submitted electronically to the court for consideration by a judge, unless otherwise directed by the judge. Instructions for secure electronic submission can be obtained from Court Administration.

Search warrant returns are to be presented to the criminal court clerk, who is authorized to receive and execute the return for the court pursuant to Penal Code §1534(d). (Amended, effective January 1, 2020) RULE 6.04 ARRAIGNMENT (A) (RESERVED) (B) (RESERVED) (

C) A Public Defender shall be present for all in-custody arraignment calendars to undertake representation of defendants for whom the Public Defender is appointed as counsel. (

D) No later than seven (7) calendar days after the Public Defender or a Conflict Public Defender has been appointed to represent a defendant who is either in or out of custody, with respect to whom the Public Defender or Conflict Counsel has a conflict of interest requiring his or her withdrawal as counsel of record, which conflict is revealed by the name of the defendant or the discovery materials in the court's file, the Public Defender or Conflict Counsel shall contact the criminal court clerk for re-calendaring on the arraignment calendar; so that the conflict may be declared and substituted counsel appointed. (

E) In cases in which a defendant appears at arraignment without counsel and advises the court that he or she is in the process of hiring or attempting to hire private counsel, the case may be continued for appearance of counsel and initial plea no more than seven (7) calendar days from the date of first appearance, absent a showing of good cause for a later appearance. (

F) As a general case handling guideline, the court shall

schedule misdemeanor cases not resolved at arraignment for a settlement conference in approximately two (2) weeks. (

G) As a general case handling guideline, the court shall

schedule felony cases not resolved at arraignment for a preliminary examination in approximately two (2) weeks and for a felony plea/disposition conference on a prior day. The defendant shall be personally present at the felony plea/disposition conference, unless excused by the Court, in advance, on good cause shown. (

H) The clerk of the court is authorized by the court upon the request of a defendant or his or her counsel made prior to the date set for arraignment, to continue the initial arraignment up to fourteen (14) calendar days. This authorization does not apply: (1) to any case in

Local Rules of the Superior Court of California, County of Shasta 25 which a defendant has been released on bail or (2) to any case in which a defendant has been charged with a felony grade offense. (Amended, effective January 1, 2003)

SECTION 7 CRIMINAL RULES - MISDEMEANOR SETTLEMENT CONFERENCE AND PRETRIAL PROCEEDINGS RULE 7.01 NEGOTIATIONS PRIOR TO SETTLEMENT CONFERENCE (

A) Counsel are strongly encouraged to meet and discuss actions informally in an attempt to resolve matters prior to the settlement conference. (

B) Prosecution should deliver to defense counsel a formal offer for resolution prior to the day of the settlement conference. (

C) Defense counsel should appear at the settlement conference having already discussed the case and prosecution's offer with the defendant. (Amended, effective January 1, 1999) RULE 7.02 THE SETTLEMENT CONFERENCE (

A) Both sides shall be fully prepared and able to discuss the facts of the case and the availability of witnesses for trial. The settlement conference shall not be continued without actual good cause shown. It is the policy of the court to conduct one settlement conference for each case. (

B) The court will be prepared to accept dispositions and to set trial dates at the settlement conference. (

C) Pleas of guilty or no contest entered by counsel pursuant to Penal Code

section 977 must be accompanied by a properly executed and notarized plea form if the plea relates to any offense that constitutes a prior offense for purposes of enhanced punishment upon a subsequent conviction under any statute, including, but not limited to Penal Code

section 488 and Vehicle Code sections 14601, 23103.5, 23152, and 23153. (Amended, effective January 1, 2017) RULE 7.03 PRETRIAL MOTIONS (

A) In the event that moving papers are not timely filed for an assigned hearing date without good cause demonstrated, a motion may be deemed waived by the moving party. (

B) Failure to serve or file papers in opposition to a motion or other application to the court for an order, other than an ex-parte application, may, in the court’s discretion, be deemed a waiver of any objections and an admission that the motion or other application is meritorious. Notwithstanding the foregoing, in any matter in which the opposition is

Local Rules of the Superior Court of California, County of Shasta 26 based upon a factual dispute, only, as distinguished from a disputed legal issue, opposition papers shall not be required. (

C) Motions to continue any hearing, including trial, are disfavored and shall be denied unless the moving party, pursuant to and in accordance with Penal Code §1050, presents affirmative proof that the ends of justice require a continuance. A stipulation by all parties to continue a hearing does not constitute good cause, by itself. Substitution of counsel does not automatically constitute good cause for a continuance. (Amended, effective January 1, 2006) RULE 7.04 TRIAL SETTINGS (

A) Trial dates will be set at the settlement conference. Generally, the court will select a trial date approximately two (2) weeks from the settlement conference. (

B) At the settlement conference, or as soon thereafter as becomes apparent, counsel shall indicate to the court any action which will take more than two full days to try before a jury. The court will assume that cases not so designated will take two or less days. (Adopted, effective July 1, 1992) RULE 7.05 READINESS CALENDAR (

A) All counsel shall attend a trial readiness calendar held two court days prior to the jury trial date prepared to indicate to the court a readiness to proceed to jury trial. The prosecuting attorney must have authority to dispose of the case. (

B) All cases shall be settled as soon as reasonably practicable. The home court judge may set cut-off dates for accepting negotiated dispositions. (Amended, effective January 1, 2017) RULE 7.06 (RESERVED) (Amended, effective January 1, 2024)

SECTION 8 CRIMINAL RULES - DISCOVERY RULE 8.01 DISCOVERY (

A) Discovery shall be governed by the provisions of Penal Code §1054, et seq., and, by Rule 8.01(

D) herein. (

B) The obligation to make discovery is an automatic, reciprocal, and continuing obligation. (

C) Unless otherwise ordered, a motion in a criminal case for the discovery of information or evidence shall be in writing and, absent an order shortening time, shall be subject to the

Local Rules of the Superior Court of California, County of Shasta 27 time standards contained in California Rules of Court, Rule 4.111, which is incorporated herein by this reference. (

D) In misdemeanor cases, all discovery shall be timely sought so that the attorneys are adequately prepared to discuss the case at the settlement conference. (

E) In the event of a failure to comply with this rule or an order of discovery, the court may grant a continuance, exclude the evidence not disclosed, dismiss the case if required by the United States Constitution, or order any other relief or sanction available at law or under these rules. (Amended, effective January 1, 2014)

SECTION 9 CRIMINAL RULES - TRIAL RULE 9.01 EXERCISE OF CHALLENGES PURSUANT TO CCP §170.6 IN FELONY CASES At the conclusion of trial readiness conferences in the felony home courts, all cases set for trial, whether misdemeanors or felonies, will be assigned a trial department.

Any challenges pursuant to CCP §170.6 to the judge presiding in the assigned trial department must be made in the felony home court department at the time the assignment is made. (Amended, effective July 1, 1999) RULE 9.02 MOTIONS AT TRIAL Motions that are out of the ordinary or unusual (e.g. complex or extensive motions in limine) shall be made in writing, served upon opposing counsel, and filed at or before the jury readiness conference. (Amended, effective January 1, 2014) RULE 9.03 SUBMISSION OF CRIMINAL JURY INSTRUCTIONS

(1) Time for submission. Absent an order of the trial judge on good cause shown, or as otherwise directed by the trial judge all jury instructions covering the law as disclosed by the pleadings shall be delivered in writing to the trial judge no later than 12:00 p.m. on the first day of trial and shall be served on all other parties by that time.

(2) Format of instructions. Each party shall submit one set of proposed instructions with a cover sheet in compliance with California Rules of Court, Rule 2.1055. Each instruction shall present the approved and unmodified wording as provided in CALCRIM. The instructions shall have the applicable CALCRIM number printed at the top of the page, but shall not include any place to indicate whether the instruction was given, refused, or modified. Each

Local Rules of the Superior Court of California, County of Shasta 28 instruction shall be on a separate page or pages with sequentially numbered lines along the left margin. It is the court’s preference that the individual pages not be numbered.

(3) Specially prepared instructions. Specially prepared instructions shall be numbered consecutively and shall not identify the party on whose behalf the instruction is requested. (Amended, effective January 1, 2014) RULE 9.04 CRIMINAL TRIAL READINESS AND TRIAL ASSIGNMENT (

A) In any criminal case in which the assigned trial attorney answers ready for assignment all the following must have been accomplished, or will be accomplished according to the time requirements expressed herein: 1. That all discovery in the matter has been exchanged consistent with the provisions of Penal Code sections 1054, 1054.1, 1054.3, Local Rule 8.01, and any other statutory provision governing the exchange of discovery. 2. That all exculpatory evidence has been disclosed consistent with Brady vs. Maryland and Penal Code

section 1054.1(e). 3. That all witnesses necessary to proceed to trial have either been subpoenaed or have been contacted by the party requiring that witness, and that the attorney requiring the witnesses has confirmed the availability of the witnesses for the date and time the witness is anticipated to testify. 4. That all settlement negotiations have been completed and that in the professional opinions of the trial attorneys, there are no other legitimate avenues of settlement in the case. 5.

That the defense attorney has fully discussed with their client the offers made and the full sentencing options available to the trial court in the event of conviction, and that any counter offers acceptable to the client have been extended to the prosecution. 6. That all settlement offers have been made and rejected or revoked. 7. That the assigned case is ready to be tried, without delay, to a jury or court to verdict. 8. That all motions, except for proper motions in limine, have been brought and heard in the home court. 9.

Whether or not specifically asked, trial counsel are expected to provide information regarding the readiness of the case to be tried consistent with Rule of Professional Conduct 3.3, Candor Toward the Tribunal.

Local Rules of the Superior Court of California, County of Shasta 29 If any attorney cannot, in good faith, represent that all of the requirements of this

section are either true or will be accomplished at the designated time established in this rule, the matter will not be assigned a trial court. (

B) Trials confirmed in the home court will be assigned to a trial department on the following Tuesday (or Wednesday, in a week in which a court holiday falls on a Monday) to commence trial. (

C) Trials confirmed in the home courts, and not assigned a trial court, shall be placed in a trailing mode or, at the request of the parties or in the discretion of the assignment judge, returned to the home court for further proceedings. (

D) Trials that are trailing in the assignment court shall be on an “On Call” status. “On Call” status means the trial attorneys shall contact all witnesses and determine their future availability for testimony. Trial counsel shall provide contact information to the court and shall be available to report to the assignment court within one hour of being contacted by the court, for assignment to a trial court. 1. The assignment court judge may place any trailing matter back on calendar, at any time, in order to manage the case prior to assignment. 2.

Trial counsel assigned an available trial court shall be prepared to conduct the pre-voir dire conference and begin jury selection upon reporting to the trial court. 3. While a matter is trailing, the parties may request the assignment court judge to return the case to the home court for further proceedings. If the request is a joint request, the request will be granted if good cause exists, time is waived and the matter can be dropped from the trial calendar. (

E) The following rules related to settlement of cases shall apply to matters which have been sent to a trial department. These rules are not, and are not intended to be, a substitute for the trial court’s discretion to handle matters assigned to that trial court judge consistent with the objectives of the Constitution of the United States, the Constitution of the State of California, Rules of Court, statute, interest of justice or other legal authorities: 1.

On the day the case is set to commence trial, the case is expected to move forward to trial, and should not be resolved short of trial other than by a plea to all charges then existing in the charging document or a dismissal by the district attorney, except as set forth below: i.

If trial counsel on the day of trial present to the trial court a negotiated disposition, and they are able to articulate changed circumstances that are both material and demonstrated to have been unforeseeable at the trial assignment calendar, the home court judge should be contacted by the trial court judge and advised of the foregoing. The decision to accept or reject the plea agreement lies within the sound discretion of the trial court judge.

Local Rules of the Superior Court of California, County of Shasta 30 2. Once trial has commenced, any changed circumstances that arise during the course of the trial may be cause for the trial court to accept a negotiated plea. Under these circumstances the trial judge shall exercise its own independent discretion whether to accept a negotiated plea, and if it does so, shall conduct any sentencing proceedings that result from the negotiated plea. (Adopted, effective January 1, 2023) RULE 9.05 CRIMINAL PRE-VOIR DIRE CONFERENCE (

A) Prior to the pre-voir dire conference required pursuant to CRC 4.200, trial counsel shall meet and confer regarding stipulations, special requests regarding order of witnesses, and all matters requiring discussion under CRC 4.200. (

B) Any jury questionnaire that either party might request must be provided at the pre-voir dire conference in proposed final form, and counsel must have met and conferred regarding its contents. Counsel shall be prepared for an in depth discussion regarding the questioning of jurors. (See California Code of Civil Procedure

section 223.) (

C) All trial briefs and motions in limine shall be submitted, in writing, to the trial court with a copy provided to opposing counsel no later than the beginning of the pre-voir dire conference. (Adopted, effective January 1, 2023)

SECTION 10 CRIMINAL RULES - PRELIMINARY EXAMINATIONS RULE 10.01 TIME ESTIMATES FOR PRELIMINARY EXAMINATIONS Counsel shall, at the time of setting, or as soon as possible thereafter, identify to the setting judge, the Presiding Judge, or the Presiding Judge's designee any matter which can realistically be expected to take a half-day or more to present. Those matters not so designated will be assumed to require less than a half-day and will be appropriately calendared. (Adopted, effective July 1, 1992) RULE 10.02 CONTINUANCES OF PRELIMINARY EXAMINATIONS (

A) Absent good cause shown, a motion to continue the preliminary examination shall be heard at the time of the felony plea/disposition conference scheduled for the case. (

B) Motions to continue the preliminary examination are disfavored and shall be denied unless the moving party, pursuant to and in accordance with Penal Code §1050 and the particular statutes pertaining to continuances of preliminary examinations, presents affirmative proof that the ends of justice require a continuance. A stipulation by all parties to continue the preliminary examination does not constitute good cause, by itself. Substitution of counsel, does not automatically constitute good cause for a continuance. (Adopted, effective July 1, 1992)

Local Rules of the Superior Court of California, County of Shasta 31 RULE 10.03 EXERCISE OF CHALLENGES PURSUANT TO CCP §170.6 In the case of an assignment of a preliminary hearing by a felony home court department, as defined in Rule 13.05, to another court department, any challenge pursuant to CCP §170.6 must be made in the felony home court department at the time the assignment is made. For purposes of this rule the felony home court department shall be deemed the master calendar department for all cases pending in that department. (Adopted, effective July 1, 1999)

SECTION 11 RULES RELATING TO ADULT INFRACTIONS RULE 11.01 (RESERVED) (Amended, effective August 15, 2015) RULE 11.02 (RESERVED) (Amended, effective August 15, 2015) RULE 11.03 CONTESTING A TICKET A defendant who has received a written notice to appear may contest the citation or ticket by taking one of the following actions: (

A) Appear in person at arraignment and plead not guilty, at which time a future date for a court trial will be assigned. No deposit of bail (also referred to as payment of fines) is required to appear in court for arraignment or trial. (

B) Request a date for combined arraignment and court trial by contacting the Traffic Unit during normal business hours. The request must be received prior to the time at which the defendant is required to appear. Pursuant to Vehicle Code

section 40519, full bail must be deposited before a trial date will be assigned. Bail shall include all assessments under

section 42006 of the Vehicle Code and

section 1464 of the Penal Code. (

C) Request a Trial by Declaration, as set forth in Rule 11.06. The request must be received prior to the time at which the defendant is required to appear. Pursuant to Vehicle Code

section 40902(b), full bail must be deposited at the time the written declaration is submitted. (Amended, effective July 1, 2019) RULE 11.04 (RESERVED) (Amended, effective August 15, 2015) RULE 11.05 TRIAL CONTINUANCES A request for continuance of court trial must be received at least ten (10) working days in advance of the trial date. An untimely request for continuance will not be granted unless the interest of justice shall so require.

Local Rules of the Superior Court of California, County of Shasta 32 (Amended, effective August 15, 2015) RULE 11.06 TRIALS BY DECLARATION (

A) A defendant may elect to have a trial by declaration as fully set forth in

Section 40902 of the Vehicle Code and Rule 4.210 of the California Rules of Court. (

B) Failure to appear as promised (FTA) on a traffic infraction will result in the Court deeming that the defendant has consented that the Court may proceed in absentia, in a trial by written declaration pursuant to Vehicle Code

section 40903, and the case will be adjudicated solely on the merits of the citing document. The Court will notify the defendant of the disposition of the case and the amount of the imposed fines and penalties and a notice of conviction shall be reported to the California Department of Motor Vehicles. (Amended, effective October 15, 2014) RULE 11.07 ABILITY TO PAY/ONLINE PILOT PROGRAM (TRAFFIC) The court is participating in the pilot program for online adjudication of traffic infractions. The pilot program is sponsored by the Judicial Council and authorized in division 17,

chapter 1.5 of the Vehicle Code (sections 40280–40288). Under this program, a defendant may request an ability-to-pay determination for Vehicle Code infractions using procedures authorized in

section 40283. Once the program is in effect, the request may be made through an online tool, accessible through the Court’s website, or in person. Because this program is in its pilot stage, it may be subject to change. Additional information about the program is, or soon will be, posted on the Court’s website, and will be updated as needed. (Adopted, effective January 1, 2019)

SECTION 12 (RESERVED)

SECTION 13 GENERAL CRIMINAL RULES RULE 13.01 SANCTIONS Rule 5.09 pertaining to civil actions is incorporated herein by this reference as though fully set forth at length, and is hereby made applicable to criminal actions in the court. (Adopted, effective July 1, 1992) RULE 13.02 MENTAL COMPETENCY PROCEEDINGS This rule applies to proceedings in the superior court under Penal Code

section 1367 et seq. to determine the mental competency of a criminal defendant. Pursuant to the provisions of Penal Code

section 1367, et seq., the Court shall appoint one psychiatrist or licensed psychologist, or other expert as the court may deem appropriate, to examine the defendant.

Local Rules of the Superior Court of California, County of Shasta 33 If the defendant or the defendant's counsel informs the Court that the defendant is not seeking a finding of mental incompetence, the Court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. Under no circumstances shall the Court be required to appoint a third expert. Appointment of a third expert shall be made pursuant to the request of the parties, only at the discretion of the Court, and shall be at the expense of the requesting party.

This rule is not intended to restrict the inherent authority and discretion of the Court to appoint experts. (Adopted, effective July 1, 2023) RULE 13.03 SENTENCE MODIFICATIONS In cases in which the court has not lost jurisdiction and the defendant or counsel seeks modification of a term of probation, including a jail term, the clerk shall be contacted so that a hearing can be set before the bench officer who imposed the sentence, on a regular calendar over which that bench officer presides.

The request for modification shall be in the form of a noticed motion, the time for filing and service of which shall be as set forth in California Rules of Court, Rule 4.111, absent an order shortening time obtained on written application, and for good cause shown. If the sentencing bench officer is unavailable to hear the motion timely, then the Presiding Judge or his or her designee shall hear the motion.

Nothing in this rule shall preclude pro per defendants from sending written requests for sentence modification to the sentencing judge's attention, nor shall it preclude bench officers from responding to such letter requests.

In no event shall hearing on such an application take place following less than two day's actual notice to the district attorney, unless time is expressly waived by the district attorney. (Adopted, effective July 1, 1992) RULE 13.04 CLAIMS FOR PAYMENT BY COURT APPOINTED COUNSEL The procedures set forth in this rule 13.04 apply only to payment for services rendered by, costs incurred by, and ancillary services rendered for, private attorneys appointed by the court to represent specific indigent defendants in criminal actions.

This rule does not apply to private counsel who provide indigent defense services pursuant to the terms of written contracts with the County of Shasta. To the extent the provisions of this rule conflict in capital cases with PC § 987.9, the provisions of PC §987.9 shall control. (

A) CONTENT OF CLAIMS FOR FEES AND EXPENSES All claims for attorneys fees, and/or for reimbursement of expenses by private attorneys appointed by the court to represent indigent defendants in criminal actions shall be made in writing. Each such claim shall be filed with the clerk of the court for submission to the supervising judge of the applicable criminal calendar if the matter did not proceed to trial, or to the trial judge if a trial was held. Each such claim shall be filed no later than 70 days following judgment and sentencing or other termination of representation of the defendant.

Local Rules of the Superior Court of California, County of Shasta 34 Except as set forth in this paragraph, only one such claim shall be submitted in each case. In matters reasonably anticipated to last more than 180 days, the attorney may submit claims for periodic payment every three months. In matters reasonably anticipated to last more than 180 days and in which the charges include a violation of

Section 187 of the Penal Code, the attorney may submit claims for periodic payment every month. The final claim, however, must be submitted within 70 days following judgment and sentencing or other termination of representation of the defendant. Each such claim shall be supported by a declaration, made under penalty of perjury, setting forth the following facts: 1. The date of appointment and the judge making the appointment; 2. The date representation ceased and the reason therefor; 3.

Any prior claims for payment which were previously submitted, the amount sought and the court's action (or inaction) on such prior claims, including the amount ordered paid, and a statement that none of the services identified or expenses incurred were included in previous claims or a statement that no such prior claims have been submitted; 4. Whether the matter proceeded to trial or not; 5. Reference to, and incorporation into the declaration of, a statement of services rendered and expenses incurred, as more particularly defined below; 6. The necessity for such services or expenses; 7.

Reference to, and attachment to the declaration of, any orders authorizing the attorney's use of ancillary services; and, 8. An explanation of any discrepancy between the amount sought in the claim and the amount declared in court at the time the court informed the defendant of the value of the attorney services provided. The statement of services rendered and expenses incurred shall consist of the following: 1. An itemized description of services provided, including the date of each service, the time devoted to each service and the sum requested for each service; 2.

An itemized list of reasonably necessary expenses incurred, including the dates of such expenditures and the sum requested for each such expenditure; 3. Separate total amounts requested for payment for services and expenses; 4. A total amount requested for payment for both services and expenses; and,

Local Rules of the Superior Court of California, County of Shasta 35 5. Attached copies of billing statements and receipts for expenses incurred and for which the attorney seeks reimbursement. The statement of services rendered and expenses incurred and any orders authorizing the attorney's use of ancillary services shall be attached to, and incorporated by reference as a part of, the declaration. (

B) APPLICATIONS FOR AUTHORIZATION TO USE ANCILLARY SERVICES Before incurring expenses for ancillary services, which are defined to include, without limitation, services of investigators, experts, paralegals, and transcriptionists who are not salaried employees of the attorney, the attorney shall make written application for authorization from the court to do so. Such application shall be supported by a declaration made under penalty of perjury, setting forth the following facts: 1. The reason such services are reasonably necessary in the preparation of a defense; 2. The type of service being requested; 3.

The name of the provider being requested and a brief statement of the provider's qualifications to provide the requested services; 4. Where the provider is required by law to possess a license to provide the requested services, the application shall include the provider’s license number or specify any exemption to the licensing requirement applicable to the provider; and, 5. A request for authorization to spend up to a specific dollar amount.

After the initial approval of ancillary services by the court, the attorney may reapply for authorization for additional expenditures if the attorney believes there is a reasonable possibility the amount originally authorized for ancillary services will be exceeded. Such reapplication shall include in the declaration in support of the request the amounts previously authorized and the reason a greater amount is being requested. A copy of any previous orders authorizing expenditures shall be attached. Only when exigent circumstances exist may an attorney engage ancillary services without prior court authorization.

If an attorney does so, the attorney must immediately thereafter make application to the court for authorization of such services and show, in a declaration made under penalty of perjury, exigent circumstances justifying the use of such services without prior court authorization. Exigent circumstances may include, but are not limited to, circumstances in which there is a need to preserve or document physical evidence which would dissipate before court authorization could be obtained.

The inadvertence, neglect, mistake, or negligence of counsel or counsel's office staff in seeking timely authorization, even if excusable, shall not constitute exigent circumstances.

Local Rules of the Superior Court of California, County of Shasta 36 If an attorney submits a claim for payment of ancillary services which exceeds the amount previously authorized by the court, such excess amount shall not be paid unless the attorney, in a declaration made under penalty of perjury, submitted with the claim, establishes a reasonable explanation for exceeding the authorized amount without obtaining additional prior court authorization. Claims for payment for ancillary services are to be submitted at the time the attorney submits the claim for payment of services rendered and expenses incurred.

The claim for payment for ancillary services shall be submitted by the attorney employing such services. If periodic claims are submitted pursuant to (

A) above an accounting shall be included which details the original amount authorized by the court plus any additional authorized amount(

s) if any, less expenditures to date and the balance remaining. Orders for payment will be directly to the providers of the ancillary services. (

C) COMPENSATION FOR POST-SENTENCING MATTERS Attorneys will be compensated only for those post-sentencing matters for which they are specifically appointed by this court. They will also be compensated for any post- sentencing matter for which they are directed by this court to appear in court or to review specific matters. Attorneys will also be compensated for up to one half-hour for time spent filling out a "CCAP" questionnaire on matters for which a notice of appeal has been filed.

A claim for any such services authorized by this paragraph shall be excepted from the single application requirement, shall be specifically identified as relating to post- sentence matters, and shall be presented in the form of a declaration. (

D) MISCELLANEOUS MATTERS All claims and applications made pursuant to this Rule 13.04 shall include points and authorities, supporting declarations made under penalty of perjury, and proposed orders. If a claim is denied in whole or in part, the attorney may resubmit a claim for the denied portion within 30 days of being notified of the denial, if the attorney, in a declaration made under penalty of perjury, provides additional facts which establish a reasonable basis for the attorney's belief the claim should receive additional consideration by the court.

Each such resubmitted claim shall be expressly identified as such. If the court denies any such resubmission, the court shall state its reasons for denying the resubmitted claim in writing. In lieu of resubmitting the claim in writing, the attorney, within 30 days of being notified of the denial, may request an ex parte in-camera hearing. The hearing shall be on the record, and the transcript of such hearing shall be ordered sealed. If the court denies such resubmitted claim, the court shall state its reasons on the record. In no event shall the court consider any additional resubmissions.

The court shall act on all submitted claims within 90 days of submission of the claim. All applications, including all supporting documentation, submitted and all orders made under the provisions of this rule are to be filed in the confidential portion of the files to which they pertain.

Local Rules of the Superior Court of California, County of Shasta 37 (

E) FORMS All claims for payment specified in this Rule 13.04 shall be made on LF-CRM-100, Claim for Payment by Court-Appointed Counsel, or on forms substantially the same. If forms substantially the same are used, such forms shall include the same information required to complete the forms in the appendix, and that information shall be listed in the same order as on the forms in the appendix. (

F) FAILURE TO COMPLY Failure by the attorney to comply with the requirements of this rule, including the time for filing requirement, shall be deemed a waiver of the claim and right to reimbursement. Such failure to comply may be excused upon good cause shown by declaration under penalty of perjury submitted with the claim, or within 30 days of rejection of such claim for failure to comply.

A failure to comply with the time requirement may also be excused if the attorney, in advance of expiration of such time period, makes an application for an extension of the time period, for up to 30 days, and shows good cause for an extension of the time period in a declaration made under penalty of perjury, submitted with the application for extension of the time period.

A failure to comply with the requirement that all claims be made in a single application will be deemed a waiver of any such subsequent claims unless exceptional circumstances justifying submission of a subsequent claim are shown in a declaration made under penalty of perjury submitted with the subsequent claim. (Amended, effective July 1, 2013) RULE 13.05 FELONY AND MISDEMEANOR HOME COURTS (

A) All felony cases initiated on or after January 1, 1995, and all felony cases pending any proceeding on or before January 1, 1995, shall be assigned by the Presiding Judge, effective January 1, 1995, to one of two specific “felony home court” departments for all proceedings and purposes except for trials. All misdemeanor cases shall be assigned by the Presiding Judge to one of two specific “misdemeanor home court” department for all Proceedings and purposes except for trials. Reassignments may be made, from time to time, in the discretion of the courts, to assure the effective and efficient administration of justice. (

B) When counsel has court appearances set in two or more court departments at the same time, he or she shall so advise the courtroom clerks and request priority handling in one department and that the proceeding in the other department(

s) trail the first. (Amended, effective January 1, 2023) RULE 13.06 REQUIREMENTS FOR APPOINTED COUNSEL IN CAPITAL CASES (

A) Appointment of Trial Counsel

Local Rules of the Superior Court of California, County of Shasta 38 No attorney shall be appointed as defense counsel in a death penalty case after January 1, 2004, unless he or she meets the minimum qualifications specified in California Rules of Court, Rule 4.117, in compliance with this rule. (

B) Additional Requirements – Pretrial In cases in which the death penalty may be imposed, appointed counsel must comply with the additional requirements for pretrial proceedings as set forth in California Rules of Court, Rule 4.119. (

C) Additional Requirements – Trial In cases in which the death penalty may be imposed, appointed counsel must comply with the additional requirements for trial as set forth in California Rules of Court, Rule 4.230. (

D) Filing of Habeas Corpus Petition Counsel appointed in death-penalty related habeas corpus proceedings must comply with California Rules of Court, Rule 4.571 when filing a petition with the superior court. (Amended, effective January 1, 2020) RULE 13.07 TRANSFER OF PROBATION (

A) In cases in which the defendant is released on probation or mandatory supervision, and probation or a party seeks transfer of the case to the superior court in any other county, the request for transfer shall be in the form of a noticed motion consistent with Penal Code

section 1203.09 and California Rules of Court Rule 4.530. (

B) Upon the filing of a motion to transfer pursuant to Penal Code

section 1203.9, the motion shall be accompanied by LF-CRM-105, Declaration in Support of Order to Transfer Probation. (Adopted, effective July 1, 2014) RULE 13.08 FACSIMILE FILING This court does not accept direct fax filings as provided by CRC Rule 2.304. This court will accept filings through a fax filing agency in accordance with CRC Rule 2.303. (Adopted, effective January 1, 2018)

SECTION 14 FAMILY LAW RULES RULE 14.01 FAMILY COURT SERVICES COUNSELING

Local Rules of the Superior Court of California, County of Shasta 39 (

A) Recommendations of child custody recommending counselors Court designated child custody recommending counselors are hereby authorized to render a recommendation to the court as to the custody or visitation of the child or children, involved. The Court may, without foundation, consider the report and recommendation of the counselor. (

B) Challenge of counselor The assignment of counselors is an administrative function of Family Court Services. Requests to assign or not assign a specific counselor will not be honored. Requests for a change in assigned counselor or reports of general problems related to Family Court Services shall be made to the Director of Family Court Services. Reports of general problems related to the Director of Family Court Services shall be made to the Supervising Family Law Judge. (

C) Declarations All declarations submitted to the counselor for consideration shall comply with California Rules of Court, Rule 2.100. No single declaration shall exceed 10 pages in length nor shall the total number of pages submitted by or on behalf of any parent, including exhibits and attachments thereto, exceed 30 pages.

All papers submitted to the counselor for consideration, with the exception of the intake forms provided to the parties by Family Court Services, shall first be filed with the court and must be accompanied by a proof of service upon the opposing party or counsel, (with file stamped, conformed copies given to Family Court Services.) Service must be effected in a manner as to ensure actual physical receipt by the opposing party and/or counsel and Family Court Services, not later than noon of the court day preceding the scheduled mediation session.

Notwithstanding the foregoing, declarations that are not timely served may be considered at the discretion of the counselor. (

D) Testimony of Child Custody Recommending Counselor

(1) A party seeking testimony from the child custody recommending counselor at hearing or trial must, at least three court days prior to the scheduled hearing or trial, make a written request to the Family Court Services office at Room 101 of the Shasta County Courthouse, 1500 Court Street, Redding, CA 96001. When trial is scheduled to commence less than three court days after the Trial Setting Conference, the written request must be submitted no later than 5pm on the day of the Trial Setting Conference.

(2) This rule is not applicable to deposition testimony. A request for deposition testimony from the child custody recommending counselor must be made in compliance with Government Code sections 68097.1 and 68097.2. The party issuing the deposition subpoena should contact the Family Court Services office prior to serving the subpoena to determine availability. (Amended, effective January 1, 2022) (Renumbered January 1, 2000; previously 14.18)

Local Rules of the Superior Court of California, County of Shasta 40 RULE 14.02 CHILD CUSTODY EVALUATIONS (

A) Appointments of Child Custody Evaluators. In any contested proceeding involving custody and/or visitation, the court may, in its discretion, appoint a child custody evaluator to perform an evaluation in accordance with Family Code

section 3110 et seq., Evidence Code

section 730, or Code of Civil Procedure

section 2032.010 et seq. The court will use Judicial Council form FL-327, Order Appointing Child Custody Evaluator, to make any such appointment. (

B) Payment for Child Custody Evaluations. The court will order payment of the evaluator at the time of the appointment. The evaluator may not withhold a report from the court because of the parties' failure to pay. The evaluator may bring the issue of a party's failure to pay to the attention of the court. (

C) Conduct of Child Custody Evaluations. The evaluation shall be conducted in conformance with Rule 5.220 of the California Rules of Court by a child custody evaluator who satisfies the licensing, education, training and experience requirements of Rules 5.225 and 5.230 of the California Rules of Court. In the event that no evaluator who meets the requirements of Rule 5.225 is willing and available to perform an evaluation, the court may appoint an evaluator who does not meet the requirements under the circumstances permitted by Rule 5.225. (

D) Qualifications of Evaluators. Any child custody evaluator appointed pursuant to this local rule must file Judicial Council form FL-326, Declaration of Private Child Custody Evaluator Regarding Qualifications, as required by Rule 5.225(

k) of the California Rules of Court to establish that he or she is a qualified child custody evaluator. Peremptory challenges to any court- appointed child custody evaluator will not be allowed. (

E) Withdrawal of Evaluator. Evaluators may petition the court to withdraw from a case, for good cause, in a writing directed to the judicial officer to whom the case has been assigned with copies to the parties/attorneys. The evaluator need not be present at the hearing unless directed by the court. (

F) Complaints against Evaluators. If a party alleges that an evaluator has committed an unprofessional or inappropriate act during the course of the evaluation, he or she may discuss the complaint with the evaluator directly in order to handle misunderstandings. Any complaints regarding the

Local Rules of the Superior Court of California, County of Shasta 41 evaluator that are not resolved informally should be directed to the appropriate licensing/regulatory board. (

G) Reports. Evaluators shall prepare a written report. At least 10 days before the hearing regarding custody of the child, the evaluator shall file the report and serve it on the parties or their attorneys, and any counsel appointed for the child pursuant to Family Code

section 3150. (

H) Confidentiality; Sanctions for Violation. Reports from child custody evaluators shall be placed in a confidential envelope in the court file upon completion of the hearing, and may not be disclosed to anyone except the following persons: (

a) a party to the proceeding and his or her attorney of record; (

b) an attorney appointed for the child pursuant to Family Code

section 3150; (

c) those additional persons set forth in Family Code

section 3025.5; and (

d) any other person upon order of the court for good cause. Those persons entitled to disclosure of the report shall preserve the confidentiality of the document. Use of the report shall be limited to the pending litigation and no person who has access to the report shall make copies for dissemination or disclose its contents to any child who is the subject of the report or to anyone else not entitled to access, nor shall the parties attach such document to any pleading in the pending litigation or in any other litigation or proceeding. Substantial sanctions shall be imposed for inappropriate disclosure. (

I) Ex Parte Communications with Evaluator. Communications with the child custody evaluator are governed by Family Code

section 216 and Rule 5.235 of the California Rules of Court. In general, direct or indirect communications between the evaluator, any attorney for the parties, any attorney for a child appointed pursuant to Family Code

section 3150, or the court are prohibited without the knowledge, presence or consent of all parties involved in the matter. (Amended, Effective July 1, 2013) RULE 14.03 FAMILY LAW FACILITATOR The Family Law Facilitator provided for pursuant to Division 14 of the Family Code shall, under the supervision, and at the direction of the Presiding Judge or the Presiding Judge’s designee, and in addition to providing the services set forth in Family Code

Section 10004, be responsible to discharge the additional duties set forth in Family Code

Section 10005. (Amended, effective J