Local Rules

Local Rules of Court -July 1, 2008 CHAPTER 8 LAW AND MOTION RULES   RULE 8.1 LAW AND MOTION DEPARTMENT  Back to Table of Contents (Chap.8) The rules in this chapter apply to matters as defined in CRC  3.1103.  These matters include the following types of actions: petitions for changes of name, emancipation of minors, applications for appointment of a guardian ad litem pursuant to Code of Civil Procedure section 373, and all other matters as may be designated by the court.  (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.2 CONTINUANCES  Back to Table of Contents (Chap.8) As it is the policy of the court to avoid unnecessary delays in law and motion matters, requests for continuances  must be based on good cause. The parties may stipulate, in writing, one time to continue a law and motion matter for a reasonable amount of time not to exceed 45 calendar days. The moving party must submit this request to the clerk’s office by mail or fax at least (i) 24 hours before the scheduled hearing, or (ii) 48 hours before the scheduled hearing, if the hearing is before a visiting judge.  The parties must make all other requests for stipulated continuances of law and motion matters to the judge scheduled to hear the matter with parties in attendance. The request must indicate good cause for the continuance and describe the bases for previous continuances, if any. Failure to appear at the date and time set for the hearing may result in the matter being dropped from the calendar.  (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.3 MOTIONS  Back to Table of Contents (Chap.8) All motions must comply with CRC  3.1110 - 3.1116 and 3.1300 - 3.1302 regarding the format and filing of papers. The parties must also follow any other CRC prescribing the method or setting forth other requirements for presentation of papers for filing. (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.4 ARGUMENT AND ORAL TESTIMONY AT LAW AND MOTION CALENDAR  Back to Table of Contents (Chap.8)   (a) The court will ordinarily not allow argument in excess of 15 minutes per side. If an argument exceeds 15 minutes per side, the judge may determine the matter requires lengthier argument and set the matter for a special hearing.      (b) The court will ordinarily not allow extensive oral testimony on the law and motion calendar. If oral testimony is desired, the party must make a request to the law and motion judge, pursuant to CRC  3.1306, who may (i) grant the request and leave the matter as set, (ii) grant the request and re-calendar for a special setting, or (iii) deny the request and insist that the matter be heard on declarations. (Eff. 7/1/99)(Rev. 7/1/08) RULE 8.5 SUMMARY JUDGMENT AND SUMMARY ADJUDICATION OF ISSUES  Back to Table of Contents (Chap.8) All motions for summary judgment and summary adjudication of issues must conform to the requirements of Code of Civil Procedure section 437c, CRC  3.1350 - 3.1354, and applicable local rules. The court will strictly enforce these requirements.  (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.6 EX PARTE APPLICATIONS  Back to Table of Contents (Chap.8) All applications for ex-parte orders must comply with CRC  3.1200 - 3.1207, unless otherwise ordered by the court or directed herein.  (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.7 PROPOSED ORDERS  Back to Table of Contents (Chap.8) When the court’s ruling is to be reduced to a formal written order, the prevailing party must file with the court and serve upon all parties a proposed form of order within 5 calendar days of the ruling, unless otherwise directed by the court.  (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.8 SANCTIONS  Back to Table of Contents (Chap.8) Failure to comply with any local rule or CRC may subject the party to sanctions pursuant to CRC 2.30 and Code of Civil Procedure sections 177.5 and 575.2. (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.9 RELIEF FROM LOCAL RULES  Back to Table of Contents (Chap.8) Relief from applicability of these rules must be obtained by prior court approval. (Eff. 7/1/99)