(Adopted 1-1-86; Moved to "Court Organization" 11-7-92, effective 1-1-93; Reinstated to Title 1 and Amended 9-29-01, effective 1-1-02; amended 1-1-03; amended 7-1-03; area code correction 1-1-05; designation correction 1-1...-06; amended 4-17-09, effective 7-1-09; amended 5-3-10, effective 8-1-10; Renumbered from Rule 1.0015, 8-1-11, effective 1-1-12; Deleted 11-4-11; effective 1-1-12)

A person who has been found to be a vexatious litigant and is subject to a pre-filing order pursuant to California Code of Civil Procedure section 391.7(a) must file a written request to the Presiding Judge for leave to file any n...ew litigation with the court. Pursuant to California Code of Civil Procedure section 391.7(b), the Presiding Judge shall permit the filing of said litigation only if it appears that the litigation has merit and has not been filed for the purposes of harassment or delay. Any person subject to this rule must file the written request on the most recent version of Judicial Council of California Form MC-701. Failure to use Form MC-701 may result in denial of the request.

(Adopted 5-4-11; Renumbered from Rule 1.0026, 8-1-11, effective 1-1-12)

Order.  By order of a Judge of this Court entered in the minutes, any exhibit may be returned to the witness or party by whom it was produced, after the substitution of a photostatic copy thereof; provided, however, that such orde...r may dispense with such substitution in the case of an original record, paper or object taken from the custody of a public officer which is being returned to such officer, or in the case of an exhibit used only in making proof against a party whose default has been entered, or when a photostatic copy is impracticable, in which case a receipt shall be given, or when a written stipulation of all the parties consenting thereto is filed.  The application for such an order shall be supported by an affidavit stating all the pertinent facts, except where it is made on stipulation.

(Adopted 1-1-86; Amended 10-1817-98, effective 1-1-99; Renumbered from Rule 1.0035, 8-1-11, effective 1-1-12)

Jury lists for court locations shall be drawn from residents of the following postal zip codes (cities and unincorporated areas thereof) within the County of Riverside:

1.Western Region: Corona (92860, 92877-92883), Mira Loma (...91752), Moreno Valley (92551-92557), Riverside (92501-92509, 92513-92519, 92521, 92522), Perris (92570-92572, 92599).

2. Banning Justice Center: Banning (92220), Beaumont (92223), Cabazon (92230), Calimesa (92320), Hemet (92543-92546), San Jacinto (92581-92583), Whitewater (92282).

3.Mid County Region: Aguanga (92536), Anza (92539), Homeland (92548), Idyllwild (92549), Lake Elsinore (92530-92532), Menifee (92584), Mountain Center (92561), Murrieta (92562-92564), Nuevo  (92567), Sun City (92585-92587), Temecula (92589- 92593), Wildomar (92595), Winchester (92596).

4.Desert   Region:   Cathedral   City   (92234-92235),   Coachella (92236), Desert Hot Springs (92240-92241), Indian Wells (92210), Indio (92201-92203), La Quinta (92247-92248, 92253), Mecca (92254), Palm Desert (92211, 92255, 92260-92261), Palm Springs (92258, 92262-92264, 92292), Rancho Mirage (92270), Thermal (92274), Desert Center (92239), Thousand Palms (92276).

5.Blythe: Blythe (92225-92226)

The court provides interpreters for limited English proficient (LEP) parties in court proceedings.

If a court proceeding's time and/or date are changed or canceled by the parties, the party or their counsel must notify the Court twenty-four (24) hours in advance of the change or cancellation to avoid cancellation fees. 

This Rule sets forth the court communication protocol for protective orders and child custody and visitation orders as required by California Rule of Court 5.445.  
A."Protective Order" as used in this section means: 

1.Any co...urt order issued pursuant to Family Code Sections regarding protective orders or restraining orders including, but not limited to, Sections 6320, 6321, and 6322; 

2.Any court order issued pursuant to Code of Civil Procedure Sections regarding protective orders or restraining orders including, but not limited to, Sections 527.6, 527.8 and 527.85; 

3.Any court order issued pursuant to Welfare and Institutions Code Sections regarding protective orders or restraining orders including, but not limited to, Section 15657.03; 

4.Any court order issued pursuant to Penal Code Sections regarding protective orders or restraining orders including, but not limited to, Section 136.2; or

5.Any order issued by another state, tribe, or jurisdiction that is recognized under Section 6400 et seq. of the Family Code.

6.For purposes of this rule, the terms "restraining order" and "protective order" are used interchangeably and this rule applies equally to an order issued using either term.

Modification of Criminal Protective Orders
1.	Modification of an existing Protective Order issued by the Criminal Court may be sought by a person named in the subject Protective Order, or by a judicial officer presiding over a fa...mily, juvenile, or probate case involving persons named in the subject Protective Order.
a.	A person seeking to modify an existing Protective Order issued by the Criminal Court in which that person is named may calendar the matter for hearing with the Criminal Court.  The person seeking modification shall provide written notice of the request for modification to the Court, the District Attorney, the Defendant, and Defendant's counsel.  
b.	If a judicial officer presiding over a family, juvenile, or probate case involving persons named in a Protective Order issued by the Criminal Court determines it is appropriate to permit visitation or contact differing from that allowed by an existing Protective Order issued by a criminal court, the family, juvenile, or probate judicial officer can request the criminal judicial officer who issued the criminal protective order set a hearing entitled "Further Proceedings to Modify the Criminal Protective Order." Upon this request, the criminal judicial officer may set the hearing re: modification of the existing Criminal Protective Order. Such hearing shall be set no less than fifteen (15) court days after the family, juvenile, or probate judicial officer requests the hearing, unless there is good cause to shorten time. If such a hearing is set on the Court's own motion, the courtroom clerk for the Criminal Department in which the hearing is set shall provide written notice to the District Attorney, the Defendant, and Defendant's counsel. 
c.	Upon receiving notice of a requested modification to an existing Protective Order, the District Attorney shall give notice to all protected persons, all counsel for the protected person(s), and the parents, guardians, conservators, and/or persons having legal custody of the protected person(s).  
2.	Upon receiving notice of a motion or request to modify an existing Protective Order, the criminal judicial officer shall make reasonable efforts to determine whether child custody and/or visitation orders were entered after the entry of the Protective Order involving the restrained and protected persons. Upon request from the criminal judicial officer, the family, juvenile or probate court shall provide the criminal court with copies of existing or proposed Orders re: protection, custody and/or visitation in the pending family, juvenile or probate matter. In determining whether and how to modify a Protective Order, the criminal judicial officer may consider the existence and/or terms of any current or proposed child custody or visitation orders involving the protected person(s) and the defendant/restrained person.

A petition to compromise a minor's claim should contain the following information: 

1.  A brief statement which sets forth the facts which establish liability. 

2.A statement which outlines all medical treatment furnished, t...o date, what future medical, if any, is expected to be required and the nature and extent of any permanent injuries sustained by the minor. 


3.The total medical expenses incurred by the minor to date and the estimated cost of any anticipated medical attention which will be required in the future. 


4.A reasonably detailed declaration setting forth all effort expended on behalf of the minor in obtaining the settlement and how it was expended. The declaration should address any or all of the following factors: 

a.Was the case an obvious liability and policy limits case that just needed processing? 

b. What was the degree of difficulty involved: 

c. How much skill was needed and employed? 

d. How much risk was there of a poor result for the amount of work done? 

e. How much money did the attorney advance? 

f. How many hours of work did the attorney do? 

g. What result was achieved? 

h. What time elapsed between the work and getting paid the attorney fees? 

i.The fact that the attorney's fee is contingent on recovery. 

For additional information see Niederer v. Ferriera, [1987] 189 Cal. App. 3d 1485. 

5.Where the injuries (damages) clearly exceed the amount of the insurance policy being offered, the statement should also include a recitation of all steps taken to determine if any additional coverage or assets are available from which the minor could seek compensation. 

Any additional information that may be of assistance to the court in determining if the petition should be granted or would assist the court in determining reasonable compensation for the attorney in the case. 

(Added 10-21-89, effective 1-1-90; Amended 10-19-96, effective 1-1-97; correction 1-1-06; Renumbered from Rule 1.0073, 8-1-11, effective 1-1-12; Deleted 10-19-12, effective 1-1-13)

Entry of costs and fees
No entries of the particular amounts of costs and fees shall be made by alterations or additions on the face of a judgment.  No party shall propose to amend a judgment solely to reflect the entry of the am...ount of any costs or fees.  The entry of costs and fees shall be in accordance with the provisions of Code of Civil Procedure section 685.090, California Rules of Court rules 8.104 and 8.751 describing what constitutes entry, and any other applicable provision of law.  In cases where a party is entitled to costs because a motion to tax or strike a cost memo was not brought, such costs shall be deemed entered upon the expiration of the time for making the motion.  The party entitled to such costs may file and serve a "notice of entry" of such costs.  If requested by any party, costs and fees that the judgment creditor is entitled to collect shall be reflected in any abstract of judgment, writ of execution, writ of possession, or other appropriate post judgment forms issued by the clerk.

(Adopted effective 7-1-07; Renumbered from Rule 1.0086, 8-1-11, effective 1-1-12)

Prior to expiration of time for appeal, "exhibits" and/or "lodged documents" shall not be released to attorneys or any other parties without order of the Court. 

(Added 4-25-98, effective 7-1-98; amend. 10-17-98, effective 1-1-...99; Renumbered from Rule 1.0092, 8-1-11, effective 1-1-12)

(Added 10-23-93, effective 1-1-94; Moved from Title 7 (Rule 7.0005) and Title 11 (Rule 11.0030), 10-17-98, effective 1-1-99; amend. 10-18-02, effective 1-1-03; Renumbered from Rule 1.0200, 8-1-11, effective 1-1-12; Deleted 11-4-11..., effective 1-1-12)

In all cases in which a defendant requests court appointed counsel at public expense, defendant shall be required to complete a financial statement, under penalty of perjury, disclosing all assets and liabilities, incomes from any... and all sources, and expenses in a form approved by this Court.  After receipt by the Court, a finding will be made in accordance with the guidelines set forth by Administrative Order.

A defendant's failure to comply with the provisions of this rule shall be sufficient ground for denial of court appointed counsel at public expense.

All court ordered financial obligations, including fines, fees, cost of probation and victim restitution, are to be paid forthwith or in a manner to be determined by the courts' Enhanced Collections Division. 

(Added 4-25-98, e...ffective 7-1-98; moved from Title 7 (Rule 7.0041) 10-17-98, effective 1-1-99; Renumbered from Rule 1.0220, 8-1-11, effective 1-1-12)

Reported Matters
The court's policy concerning court reporter availability is set forth in accordance with California Rule of Court 2.956, and posted on the court's website ('Notice of Availability of Court Reporting ...Services'). 

Official court reporters are provided in felony criminal cases, criminal trials, juvenile, probate, family law, writ of habeas corpus matters, unlimited civil evidentiary trial testimony, writ of mandate, writ of mandate CEQA, recitation of unlimited civil case settlements, civil restraining orders under CCP 527.6, 527.8, and 527.85, and any other proceedings in which an official court reporter is mandated by law. 

Official court reporters will not be available for infraction, misdemeanor, small claims, limited civil cases, unlimited civil law and motion, unlimited civil pretrial proceedings, and civil petitions.  Upon request, official court reporters are available for indigent defendants in misdemeanor case. 

In unlimited civil case proceedings, a party who has received a fee waiver pursuant to California Rules of Court rule 3.55 may request an official court reporter pursuant to California Rules of Court rule 2.956(b)(3) at least 10 calendar days prior to a trial or hearing by submitting Judicial Council Form FW-020. The court, for good cause, may shorten or waive the 10-day requirement. The clerk will notify the party as soon as possible if no official court reporter will be available. Given the general unavailability of official court reporters, final notice of the availability of a court reporter may not be known until the day of the trial or evidentiary hearing.

The Riverside County Superior Court provides electronic recording services for traffic court trials and in unlawful detainer proceedings.

(Adopted 10-15-13, effective 1-1-14; amended 11-5-21, effective 1-1-22)

(a)Geographical Regions

	(1)Documents initiating civil actions or special proceedings shall be filed at the courthouse(s) as designated in the Administrative Order - Where to File Civil Documents. The order can be located on th...e court's website at http://www.riverside.courts.ca.gov by clicking on Local Rules under the General Information tab. Except for documents pertaining to appeals, all subsequent documents related to that action or special proceeding shall also be filed in the specified courthouse. Documents pertaining to appeals shall be filed as provided for in Title 8. 

	(2)For purposes of determining the proper courthouse for filing, the court applies the venue provisions set forth in Code of Civil Procedure sections 392 through 401. 

	(3)Self-represented litigants may visit a self-help center at any court location in the county for assistance in filing documents at the proper courthouse. 

	(4)Actions and proceedings will usually be heard in the courthouse in which they were filed. To maximize efficient use of court resources, the court may order an action or proceeding transferred for hearing to another courthouse. 

(Adopted 11-4-11, effective 1-1-12; amended 5-4-12, effective 7-1-12; amended 5-13-13, effective 7-1-13)

When an original pleading or application is submitted for filing, it shall bear or be accompanied by a Certificate of Counsel designating the proper branch of the Court in which the matter should be tried or heard, together with r...eason(s) therefore. Local Rule 3115 designates all proper branches of the Court.

(Adopted 11-4-11, effective 1-1-12)

The plaintiff or cross-complainant shall serve a copy of the Notice of Assignment to Case Management Department, Notice of Case Management Conference on all defendants/cross defendants named or added to the complaint, and shall fi...le proof of service thereof. 

(Added 11-9-87, effective 1-1-88; amended 10-27-90, effective 2-1-91; amended 10-4-91, effective 1-1-92; amended 10-23-94, effective 1-1-94; amended 4-16-94, effective 7-1-94; amended 10-17-98, effective 1-1-99; amended 10-20-00, effective 1-1-01; amended 10-18-02, effective 1-1-03; amended 10-28-06, effective 1-1-07; amended 10-24-08, effective 1-1-09; Moved from Title 11 and renumbered from Rule 11.0060, 8-1-11, effective 1-1-12; amended 10-15-13, effective 1-1-14)

Any party filing pleadings or motions thereby assumes the duty to insure that such proceedings progress without delay.  Any party required to respond is charged with the duty of so doing without delay. 

(Added 11-9-87, effectiv...e 1-1-88; amended 10-17-98, effective 1-1-99; amended 10-24-08, effective 1-1-09; Moved from Title 11 and renumbered from Rule 11.0070, 8-1-11, effective 1-1-12; amended 10-15-13, effective 1-1-14)

(Adopted 1-1-86; amended 11-9-87, effective 1-1-88; amended 10-21-89, effective 1-1-90; amended 7-1-90; amended 10-4-91, effective 1-1-92; amended 11-7-92, effective 1-1-93; amended 4-16-94, effective 7-1-94; amended 10-16-96, eff...ective 1-1-97; amended 10-17-98, effective 1-1-99; amended 10-18-02, effective 1-1-03; CRC number corrected 1-1-07; amended effective 7-1-07; Moved from Title 11 and renumbered from Rule 11.0100, 8-1-11, effective 1-1-12; repealed 10-15-13, effective 1-1-14)

(Added 10-30-99; effective 1-1-00; amend. 10-20-00, effective 1-1-01; amend. 10-18-02, effective 1-1-03; amend 4-21-10, effective 7-1-10; Moved from Title 1 and renumbered from Rule 1.0106, 8-1-11, effective 1-1-12; Deleted 11-4-1...1, effective 1-1-12)

When an action is designated as a complex case by plaintiff in a Civil Case Cover Sheet pursuant to California Rules of Court, rule 3.401, the court shall set an Initial Case Management Conference as provided by California Rules o...f Court, rule 3.750 within 60 days after the filing of the complaint. Plaintiff must serve the complaint and Notice of Initial Case Management Conference on all defendants no later than 30 days prior to the conference. Discovery shall be stayed pending further order of the court. 

The parties shall meet and confer prior to the conference to discuss the items specified in California Rules of Court, rule 3.750(a) and prepare a joint statement of matters agreed upon, matters upon which the court must rule at the conference, and a description of the major legal and factual issues involved in the litigation. The joint statement shall be filed no later than five (5) court days before the conference. 

At the conference, the court shall make its determination whether the action is a complex case as required by California Rules of Court, rule 3.403.

This rule covers petitions for writs of review, mandate and prohibition filed in the civil division of the superior court. It does not apply to petitions for extraordinary relief filed in the appellate division or the criminal div...ision of the superior court.

In actions seeking prohibition or mandamus relief, it is not necessary to obtain an alternative writ. The motion procedure, pursuant to e.g. Civil Procedure Code section 1094, California Rules of Court, rule 3.1103(a)(2), is prefe...rred but no motion may be set without prior court approval as set forth below. 

The court will schedule a status conference within 60 days of the filing of the petition to facilitate the use of the motion procedure and promote the efficient and timely resolution of the case. Petitioner must provide notice of the status conference on all parties at least 15 days before the conference. 

At the conference, the parties must be prepared to address the following issues: whether all parties have been served, whether any additional parties may be added or the pleadings amended, the deadline for filing any remaining pleadings and service of additional parties, in connection with a mandamus petition, whether the petition seeks traditional mandamus or administrative mandamus, whether an administrative record will be necessary, the estimated time within which such record will be available, and an appropriate briefing schedule and hearing date. 

The opening brief and moving papers should not be filed until the court provides the parties with a briefing schedule and a hearing date. An order providing a briefing schedule and hearing date eliminates the need for a formal motion and notice of motion. 

In actions that require an administrative record, the record must be lodged with the court 30 days before the hearing. 

Cases shall be designated as "General Civil-U M" if they are actions for damages which are principally being sought under the uninsured motorist coverage of the plaintiff's auto insurance policy.  Any complaint designated General ...Civil-U M shall be accompanied by a declaration by plaintiff; or if represented by plaintiff's attorney, a statement for the basis of such designation.

Two hundred-forty (240) days after such a complaint has been filed a Status Conference shall be set unless: 

1.A declaration has been filed by plaintiff stating that the case is being settled, or

2.A declaration has been fil...ed by plaintiff stating that a demand for arbitration has been made pursuant to the terms of the applicable policy of insurance, and recites the status of the arbitration proceeding.

If coverage is denied in any responsive pleading to a complaint designated General Civil-U M or if any plaintiff seeks to add new parties, the case shall be immediately redesignated by the Clerk as General Civil and a Case Managem...ent Conference date will be set forthwith.

(Added, effective 1-1-89; amended 10-27-90, effective. 2-1-99; amended. 10-23-93, effective. 1-1-94; amended 10-17-98, effective. 1-1-99; amended 10-18-02, effective 1-1-03; Moved from Title 11 and renumbered from Rule 11.0145, 8-1-11, effective 1-1-12)

In default cases in which attorney's fees are awardable, the court may consider the following schedule, but shall not be bound by it:

Attor...ney Fee Schedule Chart


(Adopted 1-1-86; amended 4-1-95, effective 7-1-95; amended 4-20-96, effective 7-1-96; amended 4-19-97, effective 7-1-97; amended 4-25-98, effective 7-1-98; amended 10-30-99, effective 1-1-00; amended 10-28-06, effective 1-1-07; Moved from Title 1 and Renumbered from Rule 1.0065, 8-1-11, effective 1-1-12; amended 4-30-20, effective 7-1-20)

Issuance.  The issuance of a writ of execution shall be made only upon order of the Court.

(Adopted 1-1-86; Moved from Title 1 and Renumbered from Rule 1.0080, 8-1-11, effective 1-1-12)

Types of Consolidation	
1.	The only types of consolidation recognized by the Court are (a) a consolidation for all purposes and (b) a consolidation for trial only.  (Code Civ. Proc., §. 1048, subd. (a); Hamilton v. Asbestos ...Corp. (2000) 22 Cal.4th 1127, 1148.)  
2.	A consolidation for all purposes results in the separate actions being merged into a single proceeding and prosecuted thereafter under a single case number.  Generally, the claims and defenses pled in all the consolidated cases are tried in a single trial, resulting in one verdict or one statement of decision, and one judgment being rendered. However, the Court has the discretion to order separate trials of claims when appropriate (Code Civ. Proc., § 1048, subd. (b)), which may result in separate judgments.
3.	In a consolidation for trial, the actions continue to be prosecuted separately until the joint trial.  After the trial, separate verdicts, statements of decision and judgments are issued. 
4.	The Court is not aware of any authority for consolidation only for purposes of discovery.  However, the parties to factually related cases may stipulate that all discovery in any of the related cases shall be deemed to have been propounded and answered in all of the cases, so long as the discovery requests and responses are served on all parties in all cases.

Contents of a Motion for Consolidation
A motion for consolidation shall:
1.	Clearly identify the common issues of fact or law that justify consolidation under Code of Civil Procedure section 1048, subdivision (a); 
2.	Describe ...the extent to which the cases either do or do not: (a) involve the same property, contract, or event; (b) name the same plaintiffs, defendants, or other parties; and (c) allege the same causes of action; and
3.	Describe the extent to which the parties are or are not represented by the same counsel.

The Court finds that it is in the best interest of civil litigants to participate in alternatives to traditional litigation and trial at the earliest appropriate date. Therefore, the Court elects to participate in mandatory court-...ordered mediation and judicial arbitration for eligible cases as specified below. For all other long cause general civil actions the Court expects litigants to participate in an Alternative Dispute Resolution (ADR) process before requesting a trial date and to participate in a settlement conference prior to trial.

(Adopted 11-9-09, effective 1-1-10; Moved from Title 4 and renumbered from Rule 4.0000, 8-1-11, effective 1-1-12)

Court-Ordered Mediation: The Court elects to participate in mandatory court-ordered mediation and adopts Title 11.6 of Code of Civil Procedure (CCP) §§ 1775 through 1775.15 (Civil Action Mediation) and CRC Rules 3.890 - 3.898. T...his chapter applies to court-ordered mediations conducted by Civil Mediation Panel members. 

The mandatory ADR forms and procedures are set forth on the Court's ADR  website: http://riverside.courts.ca.gov/adr/adr.shtml

(Adopted 1-1-86; Amended 10-...23-93, eff. 1-1-94; amended 4-1-95, eff. 7-1-95; amended 10-17-98, eff. 1-1-99; area code corrected 1-1-05; amended 10-26-07, effective 1-1-08; amended 11-9-09, effective 1-1-10; Moved from Title 4 and renumbered from Rule 4.0010, 8-1-11, effective 1-1-12; amended 5-4-12, effective 7-1-12; amended 4-24-15, effective 7-1-15)

Nothing herein shall prevent a party from seeking sanctions against another party for any act or omission arising from failure to comply with local rules or California Rules of Court regarding mediation, including failure, without... good cause, to attend all mediation sessions in person with full settlement authority.

Sanctions may include, but are not limited to, monetary fines and penalties, reasonable attorneys' fees, dismissal of the action or proceeding or any part thereof, striking of all or any part of the pleadings, entry of judgment, a...nd/or any other penalties authorized by law. 

ADR COMMITTEE
The Court has established an ADR Committee in accordance with CRC, Rule 10.783 (b). The ADR Committee is responsible for overseeing the Court's ADR programs for general civil cases, including those prescribed for th...e Court's judicial arbitration program as specified in Rule 3.813 (b) of the California Rules of Court. 

ADMINISTRATION OF COURT ADR PANELS
The ADR Administrator maintains policies pertaining to the Civil Mediation Panel and Judicial Arbitration Panel and lists of panel members approved by the Court. 

A mediator who is not on the... Civil Mediation Panel and who is selected by the parties is not considered "recommended, selected, or appointed" by the Court within the meaning of CRC Rules 3.851 (a) (2) and 3.865, and will not be compensated by the Court for any mediation services performed. 

(Adopted 1-1-86; amended 10-21-89, effective 1-1-90; amended 11-17-92, eff. 1-1-93; amended 10-23-93, eff. 1-1-94; amended 4-1-95, eff. 7-1-95; amended 5-10-02, effective 7-1-02; amended 10-18-02, effective 1-1-03; amended 10-26-07, effective 1-1-08; amended 11-9-09, effective 1-1-10; Moved from Title 4 and renumbered from Rule 4.0015, 8-1-11, effective 1-1-12; amended 4-24-15, effective 7-1-15)

The Court shall determine on a case-by-case basis the suitability of a particular case for court-ordered mediation or judicial arbitration or whether the case is exempt from mandatory ADR.

The Court specifically exempts from co...urt-ordered mediation cases valued at $50,000 or more per case; complex, coordinated or consolidated cases; and short cause cases as defined in Rule 3.735 (a). Exempted non-complex cases valued between $50,001 and $75,000 may be ordered to court-ordered mediation upon stipulation of the parties pursuant to California Rule of Court 3.891(a)(2).

Counsel or self-represented parties not filings a timely Case Management Statement waive the right to participate in the selection of judicial arbitration or court-ordered mediation.

Whenever the Court orders judicial arbitration or court-ordered mediation, it will set the date for completion.

(Deleted 4-17-99, eff. 7-1-99; new rule adopted 10-26-07, effective 1-1-08; amended 11-9-09, effective 1-1-10; Moved from Title 4 and renumbered from Rule 4.0020, 8-1-11, effective 1-1-12; amended 4-24-15, effective 7-1-15; amended 11-5-21, effective 1-1-22)

Within five (5) days after the notice of assignment of the arbitrator for judicial arbitration or acceptance of the case by the mediator for court-ordered mediation, the plaintiff shall notify the arbitrator or mediator of at leas...t three (3) dates for the ADR session that are agreeable to all parties.

Except upon the agreement of all parties and the arbitrator for judicial arbitration or mediator for court-ordered mediation

1. The ADR session must not be set on Saturdays, Sundays or legal holidays.

2. The ADR session must... take place in appropriate facilities within the County of Riverside.

Judicial Arbitration: Requests for continuances of arbitration hearings shall comply with Rule 3.818 of the California Rules of Court. Such requests shall be submitted to the arbitrator at least 5 days prior to the scheduled date ...of hearing. 

Judicial arbitration awards shall be filed in accordance with Rule 3.825 of the California Rules of Court. 

Civil Mediation Panel mediators shall use the Mediator's Fee Statement, form RI-ADR07 (mandatory), to request payment for court-ordered mediations. Judicial Arbitration Panel arbitrators shall use the Arbitrator's Fee Stat...ement, form RI-ADR08 (mandatory), to request payment for judicial arbitrations. If the mediation or arbitration session does not take place because settlement was reached by the parties prior to the scheduled mediation or arbitration session, the mediator or arbitrator is not entitled to payment by the court. The mediator or arbitrator may be entitled to compensation from the parties of up to $150.00 total if the parties failed to provide timely notice of settlement and cancelation without good cause, pursuant to Local Rules 3211 and 3230. 

(Added 10-21-89, effective 1-1-90; amended 11-7-92, effective 1-1-93; amended 10-26-07, effective 1-1-08; amended 11-9-09, effective 1-1-10; amended 4-21-10, effective 7-1-10; Moved from Title 4 and renumbered from Rule 4.0028, 8-1-11, effective 1-1-12; amended 5-4-12, effective 7-1-12; amended 4-24-15, effective 7-1-15; amended 5-7-21, effective 7-1-21)

Notice of Cancelation for Any Reason

Any party, attorney, or person necessary for the mediation, arbitration or other mandatory ADR session to proceed to meaningful conclusion must give the mediator, arbitrator or other ADR neu...tral involved in the case, and all other persons scheduled to attend a judicial arbitration, court-ordered mediation or other mandatory ADR session at least two (2) days notice that they will not be attending the session. 

(Adopted 1-1-86; CRC number corrected 1-1-07; amended 10-26-07, effective 1-1-08; amended 11-9-09, effective 1-1-10; amended 4-21-10, effective 7-1-10; Moved from Title 4 and renumbered from Rule 4.0030, 8-1-11, effective 1-1-12; amended 5-4-12, effective 7-1-12)

Court-Ordered Mediation:  

There are no costs to parties in cases ordered to mediation for the first three (3) hours of mediation services with a Civil Mediation Panel member. The three hours of mediation services shall be up t...o three (3) hours spent with the parties, in a mediation session, and does not include time spent in pre-mediation preparation and/or traveling to or from the mediation location. Parties may stipulate to compensate the mediator for additional time by way of written agreement (optional form RI-ADR04 or equivalent). 

(Adopted 10-2607, effective 1-1-08; amended 11-9-09, effective 1-1-10; Moved from Title 4 and renumbered from Rule 4.0031, 8-1-11, effective 1-1-12; amended 5-4-12, effective 7-1-12; amended 4-24-15, effective 7-1-15)

Complaint Procedures for Arbitrators and any other Court-Connected Neutrals 

1.Section A above establishes procedures as required by law for mediators. The court intends to follow the same procedures with regard to complaints a...gainst arbitrators and any other court-connected neutrals (excluding court employees).  

2.Any such complaints must be submitted in writing to Director of ADR Programs for the court. Said Director shall proceed with a preliminary review, applying the same procedures that would be invoked under subparagraphs (a), (b), and (c) of Rule 3.869 for mediators. If the matter is not resolved or closed through preliminary review said Director shall send a notice in the same format as would be required under subparagraph (d)(1) of said rule. 

3.For complaints not resolved by the Director of ADR Programs, the Presiding Judge shall conduct an investigation, or delegate that duty, in the same manner as described in paragraph C above, for mediators. 

(Adopted 4-17-09, effective 7-1-09; Moved from Title 4 and renumbered from Rule 4.0033, 8-1-11, effective1-1-12; amended 5-4-12, effective 7-1-12; amended 4-24-15, effective 7-1-15)

A case submitted to arbitration may only be withdrawn before hearing by stipulation and court order or court order on noticed motion heard in the department where the case is pending.

(Adopted 1-1-86; amended 10-26-07, effectiv...e 1-1-08; Moved from Title 4 and renumbered from Rule 4.0105, 8-1-11, effective 1-1-12)

Counsel shall prepare and serve on all other parties and the arbitrator, no later than ten (10) days prior to the arbitration hearing, a statement setting forth and discussing in detail the facts and law pertinent to the issues of... liability, damages or both, involved in the case as to the party or parties represented by that counsel. The statements, where relevant, shall contain an itemization of special damages claimed with dates therefore. The nature, extent and prognosis of any claimed physical injury shall be described fully and copies of medical reports shall be attached to the statement. The statement shall not contain or disclose any offers of settlement. The statement shall contain a declaration that all parties have discussed the case and have attempted in good faith to settle the case.

(Adopted 10-26-07, effective 1-1-08; Moved from Title 4 and renumbered from Rule 4.0115, 8-1-11, effective 1-1-12)

Appearance by all parties, their counsel, claim representatives and all persons with full authority to resolve all disputed issues are required at the arbitration session. Non-appearance of counsel or a party shall subject the cou...nsel or party, after notice and an opportunity to be heard, to monetary sanctions including, but not limited to, suitable compensation to the arbitrator and to the parties who did appear at the arbitration plus attorney's fees to make the request for sanctions.

(Adopted 10-26-07, effective 1-1-08; amended 4-21-10, effective 7-1-10; Moved from Title 4 and renumbered from Rule 4.0125, 8-1-11, effective 1-1-12)

The award must be in writing and signed by the arbitrator. It must determine all issues properly raised by the pleadings, including a determination of any damages and an award of costs if appropriate. The arbitrator is not require...d to make findings of fact or conclusions of law. 

Rule 3.826 of the California Rules of Court governs requests for trial after the arbitration award is filed with the clerk of the court.  When there is no request by any party for trial after the arbitration award is filed with th...e clerk, entry of the award as judgment is governed by Rule 3.827 of the California Rules of Court.

(Adopted 10-26-07, effective 1-1-08; Moved from Title 4 and renumbered from Rule 4.0140, 8-1-11, effective 1-1-12)

Reimbursement.  Reimbursement of the arbitrator's fee shall be made payable to the Superior Court of California, County of Riverside/Arbitration Program, and shall be delivered to the Arbitration Administrator.

Failure to Reimburse.  Should reimbursement of the arbitrator's fee not be received within forty-five days of the date of the court order/judgment under Code of Civil Procedure Section 1141.21, the Arbitration Administrator shall ...use all available legal remedies to enforce the judgment/order.

(Adopted 10-26-07, effective 1-1-08; Moved from Title 4 and renumbered from Rule 4.0145, 8-1-11, effective 1-1-12)

Notice: The Court will mail the Notice of Court-Ordered Mediation with the proposed randomly assigned mediator and the Response to Notice of Court-Ordered Mediation (mandatory form RI-ADR02) to all parties ordered to court-ordered... mediation. The Notice of Court-Ordered Mediation shall state the Mediation Completion Date.

Appointment of Mediator- Parties Stipulate to a Mediator: If the parties stipulate to a mediator, the plaintiff must (1) provide the mediator with a copy of the Notice of Court-Ordered Mediation; (2) obtain the mediator's cons...ent; (3) file the Response to Notice to Court-Ordered Mediation (mandatory form RI-ADR02) after all parties sign within 15 days of the Notice to Court-Ordered Mediation; and (4) serve a copy of the Response on the mediator and include them on the proof of service.

Mediator's Response: The assigned mediator shall file and serve the Mediator's Notice of Acceptance or Recusal (mandatory form RI-ADR03) within 15 days of the Notice of Assignment. 

Participant Lists:  Attendance and participant lists shall comply with California Rules of Court, Rule 3.894 and Local Rule 3275. At least five court days before the first mediation session, each party must serve a list of its med...iation participants on the mediator and all other parties. The list must include the names of all parties, attorneys, representatives of a party that is not a natural person, insurance representatives, and other persons who will attend the mediation with or on behalf of that party pursuant to California Rules of Court, Rule 3.894 and Local Rule 3275. A party must promptly serve a supplemental list if the party subsequently determines that listed persons will not attend the mediation and/or that other persons will attend the mediation with or on behalf of the party. 

If any party fails to comply with this rule, or fails to otherwise confirm that all persons required to personally attend the mediation will personally attend the mediation, or that all persons allowed to participate by telephone pursuant to Local Rule 3275C will participate by telephone, the mediator may cancel the mediation session and report to the court on Judicial Council form ADR 100 that the mediation was not scheduled or was scheduled but did not take place, subjecting the party to sanctions pursuant to Local Rule 3211. 

Discovery:  The parties are urged to exercise restraint with respect   to conducting discovery during the time after the order to court-ordered mediation and before the mediation session, other than that discovery necessary to eng...age in a productive mediation session. In an appropriate case, a protective order pursuant to CCP § 2017.020 and related provisions may be issued by the Court. 

Continuance of Mediation Completion Date: Parties may stipulate to one 60 -day continuance of the Mediation Completion Date.   Parties requesting a continuance shall present the Stipulation and Order for Continuance of Court Media...tion Date (mandatory form RI-ADR05) to their assigned department and shall serve a copy of any order on the mediator. Sanctions may be ordered for failure to complete mediation by the mediation completion date pursuant to Local Rule 3211. 

(Adopted 10-26-07, effective 1-1-08; amended 11-9-09, effective 1-1-10; amended 4-21-10, effective 7-1-10; Moved from Title 4 and renumbered from Rule 4.0200, 8-1-11, effective 1-1-12; amended 5-4-12, effective 7-1-12; amended 4-24-15, effective 7-1-15; amended 5-7-21, effective 7-1-21)

Attendance of Insurance Carriers: If any party is insured under a policy of insurance that provides or may provide coverage for a claim that is a subject of this action, a representative of the insurer with authority to settle or ...recommend settlement of the claim must attend all mediation sessions in person, unless excused or permitted to attend by telephone as provided in section C below. Parties with potential insurance coverage must notify each insurance carrier of the date, time and place of the mediation session and of the carrier's duty to attend with full settlement authority.

Presence of Counsel: Each party may have counsel present at all mediation sessions that concern the party. 

Failure to Comply: Before a mediation session is conducted, if the mediator determines that a party has failed to comply with sections A, B, and/or C, or Rule 3273G or H, the mediator may cancel the mediation session and report to... the court on Judicial Council form ADR 100 that mediation was not scheduled or was scheduled but did not take place. 

In addition to the requirements prescribed in California Rule of Court 3.1380(c), mandatory settlement conference statements shall be no more than 10 pages in length. 

All exhibits or other evidence offered by a party in support of or in opposition to any civil law and motion matter shall be filed with the clerk of the Court, unless lodging of that material is specifically authorized by statute,... the California Rules of Court, or local rule. Any Notice of Lodgment shall include a citation to the statute or rule that authorizes that type of document to be lodged.

(Adopted 4-24-14, effective 7-1-14)

The tentative ruling shall become the ruling of the Court unless, by 4:30 p.m. on the court day before the scheduled hearing, a party gives notice of intent to appear to all parties and the court.  The notice of intent to appear m...ust be given either in person or by telephone. Where notice of intent to appear has been properly given, or upon direction of the Court, oral argument will be permitted.

Continuances and Matters Taken Off Calendar.

1.When a hearing date has been set, it shall be utilized unless timely continued or taken off calendar.

2.A party seeking to continue a law and motion hearing, shall submit either... a written stipulation signed by all parties, or a declaration from counsel for the moving party, signed under penalty of perjury, informing the court that all parties have been notified and agree to have the motion continued.  The declaration or stipulation to continue the hearing on the motion shall be filed with the court as soon as reasonably possible. Additionally, if the declaration or stipulation cannot with reasonable diligence be filed at least five (5) court days before the hearing, the moving party shall orally notify the clerk in the assigned department as soon as reasonably possible that a declaration or stipulation is being submitted. 

3.If the moving party determines that a hearing on the motion is no longer necessary, the party shall immediately notify the court in writing that the motion should be taken off calendar.  When the hearing is imminent, the moving party shall also immediately give oral notice to the clerk in the assigned department that the motion should be taken off calendar.

(Adopted 1-1-86; Amended 10-23-93, effective 1-1-94; amended 10-17-98, effective 1-1-99; amended 10-18-02, effective 1-1-03; Moved from Title 2 and renumbered from Rule 2.0020, 8-1-11, effective 1-1-12)

EXCHANGE OF DOCUMENTS
Not later than 14 days before the date set for trial, or by such other time agreed upon by counsel, counsel for all parties shall exchange each of the following:
a) A list of all witnesses the party intends... to call to testify at trial, including the witness's name and a single-sentence description of the anticipated subjects on which the witness is expected to testify.  In a jury trial, the list shall also identify (i) the community in which each non-expert witness resides and (ii) the occupation and area of the principal office of each expert witness. 
b) A list of all exhibits that the party intends to introduce at trial, except those intended to be used solely to impeach a witness.  The list shall include the exhibit number, a title or other brief description, and the number of pages in the exhibit.  Except for exhibits to be used solely for impeachment of a witness, if any exhibit has not previously been exchanged in discovery, a copy of that exhibit shall also be exchanged.
c) A list of facts or issues of law that the party believes are not controverted and to which the party is willing to agree.
d) If a plaintiff, a description of each claim in support of which the party intends to offer evidence at trial and of the relief being sought as to each claim, including the nature of each element of damages for which recovery is sought and the amount of each element of economic damages.  If a defendant, a description of each affirmative defense in support of which the party intends to offer evidence at trial. 
e) Any motions in limine that the party intends to bring.
f) In a jury trial, a proposed statement of the case suitable for reading to the jury venire [unless the party intends to request to begin voir dire with a brief opening statement in accordance with Code of Civil Procedure section 222.5, subdivision (d)]. The statement of the case should be neutral and non-argumentative.  It should include the basic uncontested facts and, to the extent necessary, the contentions of the parties.  It should rarely exceed four or five simple sentences.  It should use plain English, without legal or technical jargon. 
g) In a jury trial, a list of form jury instructions and the text of special jury instructions that the party proposes to use.
h) In a jury trial, a proposed verdict form.

JOINT PRETRIAL STATEMENT AND ACCOMPANYING DOCUMENTS
a)Following the Issues Conference, counsel shall prepare a Joint Pretrial Statement and the additional documents specified below.  Unless the parties agree otherwise, the docume...nts shall be prepared by counsel for the plaintiff.  All shall be signed by lead trial counsel for each party. 
b)	The Joint Pretrial Statement shall be contained in a single document with a single caption and a single set of signatures.  The statement shall include the following: 
i)	A joint statement of parties and counsel, listing the full name of each party still in the action and the name of the attorney, if any, who will represent that party at trial.
ii)	A stipulation reciting the precise facts or legal issues to which the parties agree. If the parties have resolved any potential motions in limine, the stipulation should recite those resolutions.
iii)	A joint statement of claims and defenses in the manner described in subdivision 2. Except for good cause, no party will be allowed to introduce evidence to support any claim, any element of damage, or any affirmative defense that is not listed on that statement.
iv)	In a jury trial, a joint statement of the case in the manner described in subdivision 2, unless all parties will begin voir dire with brief opening statements as permitted by Code of Civil Procedure section 222.5, subdivision (d). If counsel are unable to agree on a joint proposal for the statement of the case, then counsel shall include a joint statement of the case to the limited extent to which all counsel can agree, together with the separate proposals as to those aspects on which counsel cannot agree.
c)	In addition to the Joint Pretrial Statement, counsel shall prepare:
i)	A joint witness list in the manner described in subdivision 2. Except for good cause, no party will be allowed to call any witness who is not on that list for any purpose other than impeachment of a witness.
ii)	A joint exhibit list in the manner described in subdivision 2. The exhibit list shall indicate whether the parties have stipulated to the admission or the authenticity of the exhibits. Except for good cause, no party will be allowed to introduce any exhibit that is not on that list for any purpose other than impeachment of a witness.
iii)	In a jury trial, the form jury instructions and any special jury instructions on which all parties agree. If the parties do not all agree as to all instructions requested, counsel shall also prepare the form jury instructions and any special jury instructions on which all parties have not agreed.  Each of the latter instructions shall identify the party or parties who are proposing or have agreed to that instruction.
iv)	In a jury trial, an agreed-upon verdict form. If counsel are unable to agree on a joint proposal for the verdict form, then counsel shall include a joint proposed verdict form to the limited extent to which all counsel can agree, together with their separate proposals as to those aspects on which counsel cannot agree.
d)	If counsel for any party fails to participate in the Issues Conference, or otherwise fails to cooperate in the preparation of the documents specified above, then counsel for the remaining party or parties shall prepare and sign proposed versions of those documents. In that event, the Proposed Joint Pretrial Statement shall include a declaration describing the attempts made by the remaining party or parties to confer with or obtain the cooperation of the non-complying party.

MOTIONS IN LIMINE
a)	Motions in limine shall be brought only if the parties disagree as to the subject of the motion.  If there is no disagreement, then the agreed-upon issue shall be included in the parties’ stipulation of ...facts and legal issues.
b)	Every motion in limine submitted to the Court:
i)	Shall be in writing.
ii)	Shall be numbered sequentially according to the party or side bringing it (e.g., Plaintiff’s No. 1, Plaintiff’s No. 2, Defendant Smith’s No. 1, Defendant’s #2, etc.).
iii)	Shall be tailored to the specific issues of the case and to the specific evidence expected to be introduced at trial.  They shall not seek declarations of existing law of general application, e.g., that the opposing party may not introduce inadmissible hearsay.
iv)	Shall be supported by a memorandum of points and authorities.  
c)	Any motion or opposition to a motion that depends upon the existence of particular facts shall be supported by competent, admissible evidence establishing those facts. Any declaration submitted must demonstrate the declarant’s personal knowledge. Any documentary evidence must be authenticated. 
d)	Any motion seeking to preclude the introduction of any evidence or to otherwise prevent the mention or display of inadmissible and prejudicial matter in the presence of the jury: 

i.)	Shall clearly describe the specific evidence or matter alleged to be inadmissible and prejudicial. 
ii.)	Shall be supported by a declaration that both: 
(1)	Demonstrates that the subject of the motion has been discussed with opposing counsel, and that opposing counsel has either (A) indicated that such matter will be mentioned or displayed in the presence of the jury or (B) refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted into evidence; and
(2)	Explains the specific prejudice that will be suffered by the moving party if the motion is not granted. 

e)	Except in cases of issue preclusion based on responses to requests for admissions, previously ordered sanctions for abuse of the discovery process, or other extraordinary circumstances, the Court will not entertain a motion seeking to exclude evidence merely because it differs from a party’s discovery responses.  
f)	Any party submitting any motions in limine shall submit a single proposed order encompassing all motions made by that party. As to each motion, the proposed order shall state the precise relief sought so that the ruling can be understood from the language of the order without the need to refer to the text of the motion.  If the motion seeks to exclude certain evidence, the proposed order shall describe the precise evidence being excluded, shall direct counsel not to refer to the excluded evidence during trial, and shall direct counsel to advise their parties and witnesses not to refer to it.

JURY INSTRUCTIONS
a)	The proposed jury instructions shall be fully edited and shall be in the form required by California Rule of Court, rule 2.1055, including the index prescribed by rule 2.1055(b).
b)	If there are CACI instruc...tions applicable to the legal issues presented, the Court will use those CACI instructions unless the party proposing a different instruction demonstrates that the instruction proposed would more accurately state the law and be more clearly understood by the jurors.  
c)	The instructions should be divided into two sets: those to which all parties agree, and those to which some party has an objection.

EFFECT OF A CONTINUANCE OF TRIAL
In the event that the trial is continued after the Issues Conference has been conducted and the trial documents have been prepared, counsel need not conduct a further Issues Conference or revise a...ny of the trial documents unless there has been a material change. In the event that counsel for any party believes that any trial document needs to be changed or supplemented, that counsel shall meet and confer with all other counsel.

When special verdicts are to be submitted to a jury, the jury questions and verdict forms shall be presented in writing to the Court, and copies thereof furnished to other parties before any evidence is offered, unless the Court s...hall order otherwise.  

(Adopted 1-1-86; Amended and moved from Title 1 (Rule 1.0055), 10-17-98, effective 1-1-99; Moved from Title 2 and renumbered from Rule 2.0070, 8-1-11, effective 1-1-12; amended and renumbered from Rule 3370, 10-15-13, effective 1-1-14)

All cases shall be designated on the face of the complaint into one of the following categories:

1.	Unlawful detainer; or

2.	Small claims.

(Adopted 7-1-94; Renumbered from Rule 3.0020, 8-1-11, effective 1-1-12)

In all small claims cases, proof of service of the claim and order on all defendants shall be filed at least five (5) court days prior to the date set of a hearing on the claim. 

(Adopted 7-1-94; amended 10-17-98, effective 1-1...-99; Renumbered from Rule 3.0030, 8-1-11, effective 1-1-12)

A party not in agreement with the information or estimates given in the Request for Setting shall within five (5) days after service, serve and file a Counter Request for Setting on the party's behalf.

(Adopted 10-18-02, effect...ive 1-1-03; Renumbered from Rule 3.0036, 8-1-11, effective 1-1-12)

(Adopted 7-1-94; Renumbered from Rule 3.0050, 8-1-11, effective 1-1-12; deleted 11-4-11, effective 1-1-12)

Each plaintiff shall be provided a copy of this form at the time the action is filed.  This form must be completed and filed in each such case, regardless of any declarations submitted by plaintiff in support of such judgment.  No... paperwork will be submitted to a judicial officer for approval unless this form is completed and filed.  

(Added 4-16-94, effective 7-1-94; Amended 10-17-98, effective 1-1-99; Renumbered from Rule 3.0060, 8-1-11, effective 1-1-12)

(Added 4-25-98, effective 7-1-98; amended 4-17-99, effective 7-1-99; amended 10-21-05, effective 1-1-06; Renumbered from Rule 3.0035, 8-1-11, effective 1-1-12; repealed 10-15-13, effective 1-1-14)

General Directions

A. All criminal indictments, complaints, notices to appear constituting complaints, and all other documents initiating a criminal proceeding are to be filed at the courthouse designated in the Administrative ...Order - Where to File Criminal Documents. The order can be located on the court's website at http://www.riverside.courts.ca.gov/ by clicking on Local Rules under the General Information tab. Documents are to be filed according to the zip code in which the alleged crime occurred. Alternatively, such documents are to be filed according to the zip code in which the relevant event occurred or the nearest zip code thereto as provided in Penal Code sections 182, 184, 777a through 792, inclusive, 795, 4701, 4702, or any other applicable statute governing venue. All petitions for writ of habeas corpus shall be filed at the courthouse specified in the administrative order referenced above. Criminal and habeas corpus cases shall usually be heard in the courthouse in which they were filed or in another courthouse in the same geographical region. For good cause, and to maximize efficient use of court resources, actions or proceedings may also be assigned for hearings in other regions.

Self-represented litigants may visit a self-help center at any court location in the county for assistance in filing documents at the proper courthouse.

(Adopted 11-4-11, effective 1-1-12; amended 10-19-12, effective 1-1-13; am...ended 5-13-13, effective 7-1-13)

A law enforcement officer seeking an arrest warrant on a walk-through basis shall complete and submit to the court the Declaration by Law Enforcement for Walk-Through Arrest Warrant and Order form.

(Adopted 10-19-12, effective ...1-1-13)

Approval for funds must occur prior to the hiring and utilization of such investigators and/or experts. 


All documents pertaining to application and order for Penal Code Section 987.9 funds will be confidential and secured in... the Court's Executive Office until such time as the record is certified to the Supreme Court, or the defendant no longer may be sentenced to death as a penalty.

When bail has been set, all requests for an increase or reduction of said bail shall be made to the judge who set such bail in accordance with Sections 1269c, 1270, 1270.1, 1270.2, 1289, of the  Penal Code except as follows:

1....	Bail set ex parte by any judge of this Court shall be subject to modification by the judge before whom the defendant appears for arraignment.

2.	Applications for reduction or increase of bail shall be made by defendant's attorney of record or the defendant appearing in propria persona, or the District Attorney. 

3.	A request to increase bail pursuant to section 1269c of the Penal Code shall be made on the Declaration in Support of Increased Bail form.  

(Added 10-23-93, effective 1-1-94; amended 10-24-08, effective 1-1-09; Moved from Title 7 and renumbered from Rule 7.0100, 8-1-11, effective 1-1-12; Amended 10-19-12, effective 1-1-13)

Forfeiture of Bail.

When a defendant who has posted a bail bond fails to appear for their scheduled court appearance, the judicial officer shall order a bench warrant to be issued and shall order the bail bond to be forfeited. ...The courtroom assistant shall reflect in the minute order that said orders were made. 
When relief from the bail bond forfeiture has been ordered in accordance with PC 1305, the judicial officer shall impose a $100 administrative fee pursuant to PC 1306(a) as a condition of relief, unless good cause is shown to waive the fee.

Motions.
	Motions to reinstate and exonerate bail bonds or bail deposits in all criminal cases where the defendant is not surrendered in Court and shall be supported by appropriate declarations, affidavits, and points and authori...ties.  Time for filing, Proof of Service, and Responding Papers will conform to California Rule of Court 4.111.
 
(Adopted 10-23-93, effective 1-1-94; amended 10-17-98, effective 1-1-99; amended 4-28-06, effective 7-1-06; amended 10-24-08, effective 1-1-09; Moved from Title 7 and renumbered from Rule 7.0150, 8-1-11, effective 1-1-12)

B.	At the time of such Counter/Facsimile Arraignment, counsel must file the following documents:

1.	A signed "O.R." release form unless bail has previously been posted;
2.	A completed 977 Waiver
3.	If appearing by facsimile t...ransmission, the attorney must complete and submit the Fax Arraignment form to the Clerk's office at the location in which the case is scheduled to be heard. 
4.	If appearing by facsimile transmission pursuant to local rule 1050, the Judicial Council Facsimile Transmission Cover Sheet (form MC-005) must accompany documents filed via facsimile. Facsimile numbers may be located on the court's website at http://riverside.courts.ca.gov/faxlist.shtml.  
5.	Parties shall complete form RI-M01 to register for the court's direct fax filing program. The form is located on the court's website at http://riverside.courts.ca.gov/faxlist.shtml. 

The above listed documents must be received prior to 4:00pm the day before the date of the scheduled appearance.

(Adopted 10-23-93, effective 1-1-94; amended 10-22-94, effective 1-1-95; amended 4-20-96, effective 7-1-96; amended 4-19-97, effective 7-1-97; amended 4-25-98, effective 7-1-98; amended 1-1-03; amended 7-1-03; area code corrected 1-1-05; amended 10-24-08, effective 1-1-09; updated credit cards info 7-1-09; updated websites 7-1-11; Moved from Title 7 and renumbered from Rule 7.0210, 8-1-11, effective 1-1-12; Amended 10-19-12, effective 1-1-13)

All misdemeanor and felony complaints received for out of custody arraignment shall be filed no later than 4:00 p.m. two business days before the date of the arraignment.  Example: If the arraignment is scheduled for a Friday, the... complaint must be filed by 4:00 p.m. on the preceding Wednesday.

(Added 9-29-01, effective 1-1-02; amended 10-24-08, effective 1-1-09; Moved from Title 7 and renumbered from Rule 7.0215, 8-1-11, effective 1-1-12)

Nothing in this rule abrogates the requirement that the defendant be personally present if the charges involve domestic violence or driving under the influence as required in Penal Code sections 977(a)(2) or 977(a)(3). 

(Added ...10-23-93, effective 1-1-94; amended 10-21-09, effective 1-1-10; Moved from Title 7 and renumbered from Rule 7.0250, 8-1-11, effective 1-1-12)

Probation or Diversion
On probation or diversion cases where the defendant, probation officer, or attorney is seeking to modify probation or reinstate a program prior to a warrant being issued, a Request to Add onto Calendar form... (Form #OTS01) shall be completed and the hearing will be set within 10 court days.

In-Custody Defendants
If the defendant's attorney or probation officer indicates that the defendant is in local custody on the Request to Add onto Calendar form, they shall also indicate the location where the defendant is being ...housed. 
Three days notice is required for defendants who are in local custody and the hearing will be set within three to 10 court days.  

Request to Add onto Calendar forms may be faxed.

(Added 9-29-01, effective 1-1-02; amended 5-20-05, effective 7-1-05; amended 4-25-08, effective 7-1-08; amended 10-21-09, effective 1-1-10; amended 10-22-10, effective 1-1-11; Moved from Title 7 and renumbered from Rule 7.0255, 8-1-11, effective 1-1-12; Amended 10-19-12, effective 1-1-13)

A defendant who absents himself from a misdemeanor proceeding wherein a plea is entered through counsel and the pronouncement of immediate judgment is requested, must do so with full knowledge of the pendency of criminal proceedin...gs.  Further, the Court must be confident that the waiver of all rights, including the right to be present, is made knowingly and intelligently, and that acts of counsel are authorized by the defendant.

The Clerk of the Court shall maintain an adequate supply of the Declaration and other forms required above and shall provide them to counsel upon oral or written request.  

(Added 10-23-93, effective 1-1-94; Moved from Title 7 ...and renumbered from Rule 7.0260, 8-1-11, effective 1-1-12; amended 5-7-21, effective 7-1-21)

All pretrial motions filed on behalf of defendants incarcerated in State Prison where the defendant's presence is required by law or requested by counsel, shall be accompanied by a transportation order directing said defendant(s) ...to be brought to Court for the hearing. 

(Added 10-23-93, effective 1-1-94; amended 4-25-98, effective 7-1-98; amended 10-24-08, effective 1-1-09; Moved from Title 7 and renumbered from Rule 7.5000, 8-1-11, effective 1-1-12)

Motions to dismiss a complaint or information for lack of speedy trial must be supported by a declaration or affidavit of the defendant specifically stating the circumstances of the delay, the defendant's state of knowledge co...ncerning the pending charges prior to the date of their arrest, the defendant's residence during the delay period, and any good cause which justifies the granting of the motion.

(Added 1-1-94; Moved from Title 7 and renumbered from Rule 7.5200, 8-1-11, effective 1-1-12; amended 5-7-21, effective 7-1-21) 

All motions to dismiss an indictment or information pursuant to Penal Code Section 995 shall include:

1.	A brief summary of the facts, with references to the transcripts of prior proceedings by page and line number.

2.	A sta...tement of the issues, specifically identifying in what regard the People's case is defective.

3.	A memorandum of legal points and authorities upon which defendant(s) relies.  (Mere citation to section of the California Penal Code or United States Constitution will be considered insufficient.)

Time for filing, Proof of Service, and Responding Papers will conform to Penal Code § 995 and California Rule of Court 4.111

(Added 10-23-93, effective 1-1-94; amended 10-17-98, effective 1-1-99; amended 10-24-08, effective 1-...1-09; Moved from Title 7 and renumbered from Rule 7.5400, 8-1-11, effective 1-1-12)

(Added 4-25-98, effective 7-1-98; Moved from Title 7 and renumbered from Rule 7.7000, 8-1-11, effective 1-1-12; deleted 11-4-11, effective 1-1-12)

All petitions for dismissal pursuant to Penal Code sections 1203.4 or 1203.4a must be served on the District Attorney. Proof of service must be filed with the clerk's office at the time the petition is filed. 

Applicability of Rules. These rules apply in all departments of the Riverside Superior Court hearing family law matters.

Geographical Regions
All documents initiating or responding to actions arising out of the Family Code, including Adoptions, Petitions for Freedom from Parental Control and Custody, and actions involving the Department of Child Su...pport Services shall be filed at the court facility as designated in the Administrative Order - Where to File Family Law Documents. The order can be located on the court's website at http://www.riverside.courts.ca.gov/ by clicking on Local Rules under the General Information tab.   

(Adopted 11-4-11, effective 1-1-12; amended 10-19-12, effective 1-1-13; amended 5-13-13, effective 7-1-13)

Forms, Format and Procedures. Requests for Orders shall comply with the applicable California Rules of Court.

Late Filed Papers. The court, in its discretion, may refuse to consider late filed papers.

Duty to Notify Court of Settlement. If parties come to agreement on all of the issues outlined in the Request for Order/Motion, a stipulation should be filed with the court as soon as practicable using local form Stipulation re: H...earing Resolution RI-FL010 so the matter can be promptly taken off calendar.  

Certificate of Assignment 
The first paper filed in a surrogacy action or proceeding must be accompanied by a certificate of assignment. The certificate must be on the local form prescribed by the court. The party who files the c...ertificate is not required to serve the certificate on any party. The certificate is used for statistical purposes and may affect the assignment of the case to the location specified by local rule where certain types of actions or proceedings may be tried.

Hearing
The court may require a hearing if it has a good faith, reasonable belief that the assisted reproduction agreement for gestational carriers or attorney declarations were not executed in accordance with Family Code § 7962.

(Adopted 1-1-86; Amended 4-25-98, effective 7-1-98; Renumbered from Rule 5.0020, 8-1-11, effective 1-1-12; deleted 11-4-11, effective 1-1-12)

Stipulation and Order to Continue
The parties must file a written stipulation and proposed order, signed by all parties, continuing the hearing.  The court may deny any stipulation that does not state good cause for a continuance....  The stipulation and order must state whether any temporary orders are reissued.  Any stipulation for continuance is subject to statutory fees under the Government Code.  The parties may use local form RI-FL306 to submit their stipulation.

(Adopted 1-1-86; Amended 11-7-92, effective 1-1-93; amended 4-15-98, effective 7-1-98; amended 4-28-06, effective 7-1-06; Renumbered from Rule 5.0040, 8-1-11, effective 1-1-12; deleted 11-4-11, effective 1-1-12)

Waiving the Hearing on a Permanent Restraining Order
Upon the denial of a temporary restraining order, the petitioner shall have the option of waiving their right to a noticed hearing on the issuance of a permanent restraining or...der.  Requests to waive the hearing may be submitted on Judicial Council Form DV-112

Modification of Custody, Visitation and Support Orders within Restraining Orders
Statutory filing fees will be charged on a request to modify child custody, visitation, or support order only after a protective order is no longer ...in effect.

References:
Family Code 6200 et. seq.
California Rules of Court, rules 5.380 through 5.386

Local Form:
Request to Dismiss Domestic Violence Restraining Order (RI-FL016)


(Adopted 5-20-05, effective 7-1-05; Renumbered from Rule 5.0041, 8-1-11, effective 1-1-12; amended 11-4-11, effective 1-1-12; amended 10-15-13, effective 1-1-14; amended 4-28-17, effective 7-1-17; amended 5-7-21, effective 7-1-21)

Family Centered Case Resolution Process

1)	Purpose, Definitions and Procedures. This rule establishes processes and procedures to manage cases from initial filing to final disposition in an effective and timely manner. 

2)	S...cheduling of Case Status Conference and Service of Family Law Case Management Order.
a.	A Family Law Case Management Order will be issued at the time a family law petition is filed. 
b.	The petitioner must serve the respondent with a copy of the Family Law Case Management Order along with the petition.
c.	Case status conferences may be set and noticed by the court when benchmarks set forth in the California Rules of Court have not been met. 


3)	Alternative Dispute Resolution (ADR). Parties who file a stipulation prior to the conference indicating they are participating in ADR or Collaborative Law will be exempt from the Case Status Conference.

4)	Judgment, Dismissal or Trial. The Case Status Conference will be vacated by the court if a judgment or dismissal has been filed, or a trial date has been set.

References:
Civil Code of Procedure 259
Family Code 2450(a), 2451
California Rules of Court, rule 5.83
Standards of Judicial Administration, standard 5.30

(Adopted 10-15-13, effective 1-1-14; amended 10-30-15, effective 1-1-16; amended 4-29-16, effective 7-1-16)

Definition of Trial. A trial is defined as any hearing needing a period of no less than two and a half hours of a single court day.

Updated Documents. At least ten days before trial, the parties shall update and serve on each other any documents required by Local Rule 5150(c)(2). The court will presume that any document more than 90 days old requires an update.... The parties must provide these documents to the court upon request. 

The court may order more frequent updates of the documents described in Local Rule 5150(c)(2).

Reporter Fees. Reporter fees for the entire trial shall be paid 10 days prior to the first day of trial. 

Exceptions to this Rule. Generally, trial proceedings for Orders to Show Cause and Affidavit for Contempt and Domestic Violence Restraining Orders are exempt from this rule.

1.	Orders to Show Cause and Affidavit for Contempt. C...ontempt trials shall be governed by applicable Penal Codes, California Codes, California Rules of Court and the California and United States Constitutions.

2.	Domestic Violence Restraining Orders. If both parties are self-represented and there is a Domestic Violence Restraining Order or other order prohibiting contact between the parties, then the requirement to meet and confer is excused.  However, parties shall separately prepare and serve all documents as required in paragraph B, above.

Each party shall file their documents with the court 10 days before the Trial Readiness Conference, or 10 days before trial if no Trial Readiness Conference.

Parties requiring child custody recommending counseling of custody/visitation issues will be assigned an appointment time/date prior to the court date and shall complete one counseling appointment prior to the court date. 

Disclosure. Parties are to fully disclose information to the Child Custody Recommending Counselor. Any documents brought to the appointment must be served on the other party prior to the Child Custody Recommending Counselor's revi...ew.

Confidentiality. Child Custody Recommending Counseling is confidential only to the extent that disclosure of the information received is limited to those who have the right to know. Confidentiality is important to promote full and... free disclosure of information necessary for settlement. It exists with regard to information divulged among the Child Custody Recommending Counselor, the parties, and attorneys; therefore, each must cooperate in this regard and not disclose confidential information to outsiders. This confidentiality will not preclude the Child Custody Recommending Counselor from making a recommendation to the Court if the parties fail to reach an agreement. 

Proposed Order. Where the Child Custody Recommending Counselor concludes that the parties are near agreement, or that certain disposition is presently appropriate, the Child Custody Recommending Counselor will submit a proposed or...der to the Court. 

Mandatory Parent Orientation On-Line Class. Parents shall complete an on-line Parent Orientation Class when custody and/or visitation is raised as an issue for the first time in the case. Both parties must bring a copy of the cert...ificate of completion from the on-line class to the child custody recommending counseling appointment. The Court may order parents to complete the on-line class at any time at the Court's discretion. 

(Adopted 10-18-02, effective 1-1-03; Renumbered from Rule 5.0056, 8-1-11, effective 1-1-12; amended 5-4-12, effective 7-1-12; repealed 10-15-13, effective 1-1-14)

Except for Department of Child Support hearings, all requests for a telephone appearance must be made on local form RI-FL679, filed with the court and served on all parties at least 10 court days before the scheduled hearing.  The... judicial officer has discretion to grant or deny any request. 

Emergency Orders.  Requests for emergency orders, including requests to shorten time, are also known as ex parte applications.  These rules do not apply to ex parte applications for domestic violence restraining orders under the D...omestic Violence Prevention Act.

Service. After providing notice, each party must be served with the documents requesting the emergency orders.

A petitioner may file local form Ex Parte Request and Order to Set Aside Default RI-FL002 to set aside a default prior to filing an amended petition. The ex parte request shall be processed administratively and routed to the assig...ned department for consideration. 

References:
Civil Code of Procedure 473(c)(1)
Van Sickle v. Gilbert (2011) 196 Cal.App. 4th 1495 citing Julius Schifaugh IV Consulting Services, Inc. v. Avaris Capital, Inc. (2008) 164 Cal.App.4th 1393, 1395; 79 Cal. Rptr. 3d 910.)

Local Form:
Ex Parte Request and Order to Set Aside Default (RI-FL002)
http://riverside.courts.ca.gov/localfrms/ri-fl002.pdf

(Adopted 5-20-05, effective 7-1-05; amended 5-4-11, effective 7-1-11; Renumbered from Rule 5.0066, 8-1-11, effective 1-1-12; amended 5-4-12, effective 7-1-12; amended 10-15-13, effective 1-1-14)

Finding a Qualified Private Child Custody Evaluator. A list of private child custody evaluators is available through the Riverside Superior Court Resource List found online at www.riverside.courts.ca.gov. The child custody evaluat...ors are not affiliated with the court, and each child custody evaluator is independently responsible for compliance with any and all applicable legal requirements. The individuals on this list have submitted an Annual Declaration of Child Custody Evaluator Qualifications.  The court does not endorse, evaluate, supervise, or otherwise monitor the private child custody evaluators. The parties are responsible for ensuring a private child custody evaluator meets all the legal qualifications.

Withdrawal From a Case. A child custody evaluator has the right to withdraw from a case upon a showing of good cause before the trial court that made the appointment. 

Ex Parte Communication. Absent a stipulation to the contrary, there shall be no ex parte communication between the attorneys for either party and a court-appointed child custody evaluator or between the child custody evaluator and... the court. Minor's counsel may exchange both oral and written ex parte communications with an evaluator. No attorney or party to the action shall provide the child custody evaluator with documents pertaining to the case without first providing the other side and any attorney of record for the child a copy of the document. 

Standards and procedures for both professional and non-professional visitation providers are governed by the Family Code and the Standards of Judicial Administration.

(Adopted 5-20-05, effective 7-1-05; Renumbered from Rule 5.0080, 8-1-11, effective 1-1-12; amended 5-4-12, effective 7-1-12; repealed 10-15-13, effective 1-1-14)

Complaints regarding the conduct and procedures employed by counsel appointed for a child shall be in writing and will be handled by the judicial officer to whom the case is assigned. 

Written notice of the outcome will be sent to complainant within 90 days of receipt of the complaint. 

References:
Family Code 3150 et. seq.
California Rules of Court, rule 5.240. 5.241 and 5.242

(Adopted 5-4-12, effective... 7-1-12; amended 10-15-13, effective 1-1-14)

There shall be one Presiding Judge of the Juvenile Court.  The Presiding Judge of the Juvenile Court shall be appointed by the Presiding Judge of the Riverside Superior Court and shall take actions and assume responsibilities as s...pecified.  To the extent possible, the Presiding Judge of the Juvenile Court shall remain in that position for at least three (3) years.  

(Added 10-19-96 Effective 1-1-97; amend. 10-17-98, effective 1-1-99; Moved from Title 12 and Renumbered from Rule 12.0020, 8-1-11, effective 1-1-12)

Delinquency Cases: Detention filings must be filed in their entirety no later than 3:00 p.m. of the Court day prior to the detention hearing.  For a detention filing to be complete, the detention petition and the probation officer... report must be received by the Court prior to the cut-off time.

The Clerk of the Court shall provide a procedure to ensure only persons authorized by law to view files have access to confidential files.  

(Added 10-19-96 Effective 1-1-97; Moved from Title 12 and Renumbered from Rule 12.0030..., 8-1-11, effective 1-1-12)

All persons under 18 years of age cited for non-traffic infractions shall be required to appear in person before the juvenile court along with their parent or legal guardian.

(Adopted 11-8-14, effective 1-1-15)

Reference: 
...Welfare and Institutions Code Section 664(c)(1)

Every paper submitted for filing with the Juvenile Court shall bear the name of all minors subject to the action. 

(Added 10-19-96 Effective 1-1-97; Moved from Title 12 and Renumbered from Rule 12.0045, 8-1-11, effective 1-1-12...)

Access to Juvenile Court Records not specified by the standing ORDER shall be upon application and review by a judge of the court.  Records include any papers acquired by agency or department in the course of administering or enfo...rcing Juvenile Law. 

Applications shall support finding that the evidentiary value in a civil or criminal proceeding outweighs the need for confidentiality.  Review of the records will be conducted in camera outside the presence of counsel.  Parties are encouraged to seek stipulations which will avoid disclosure of confidential records.  

(Added 10-19-96 Effective 1-1-97; Moved from Title 12 and Renumbered from Rule 12.0051, 8-1-11, effective 1-1-12)

All RCAT interview tapes shall be confidential except as authorized pursuant to Welfare and Institutions Code 827.  Viewing, discovery, or production of tapes shall conform to the policies established by the RCAT Board.  

1.	Ea...ch department or agency shall conform to the policies promulgated by the RCAT Board.  
2.	An order by the Judge of the Superior Court is required in each instance that a tape will be viewed, copied, or provided as discovery.  

(Added 10-30-99; effective 1-1-00; Moved from Title 12 and Renumbered from Rule 12.0053, 8-1-11, effective 1-1-12)

(Added 4-25-98, effective 7-1-98; repealed 10-22-10, effective 1-1-11; Moved from Title 12 and Renumbered from Rule 12.0061, 8-1-11, effective 1-1-12)

Appointed attorneys for parties in dependency proceedings shall comply with requirements set forth in these Local Rules, as well as those set forth in Cal. Rule of Court 5.660. Each appointed attorney shall keep verification on fi...le and provide same upon demand.

Appointed attorneys for parents and guardians in dependency proceedings must, at minimum: 

1.	Meet with, interview and counsel the parent, explain the parent's rights, the court system, the proceedings, the lawyer's role, right...s of custodial and non-custodial parents, and what to expect in the legal process; 

2.	Determine the reason for removal (both from the agency and the client's view), whether the agency made reasonable efforts to avoid removal of the child, the parent's desired interest re: placement, visitation and communication with the child, whether relatives or friends are available for placement, and whether immediate services are warranted; 

3.	Conduct thorough, continuing, and independent investigations and interviews at all stages of the proceedings; 

4.	Contact social workers and other professionals associated with their client's case;

5.	Obtain necessary authority for release of information;

6.	Develop a theory and strategy of the case to implement at hearings;

7.	Maintain client control;

8.	Review reports with client;

9.	Negotiate settlements;

10.	Participate in mediations and settlement conferences;

11.	Advocate for court services to meet the parent's needs, enable access to entitlements and ensure a comprehensive service plan;

12.	Monitor implementation of the service plan;

13.	File pleadings, motions, responses, or objections as necessary to represent the parent;

14.	Prepare for and participate in hearings, including contacting and interviewing the parent before each hearing, consulting with the client to determine whether client should testify, preparing the parent to testify, protecting the client by making appropriate objections;

15.	Determine if appeals and writs are appropriate, and file same if necessary;

16.	Advocate for adherence to mandated timelines; and

17.	Arrange for qualified substitutive representation where necessary to avoid court delay.

Settlement should be considered as soon as practicable. Counsel must consider whether the client's interests may be best served, and the case more appropriately resolved, by mediation or other settlement discussions.

Counsel shall meet or exceed the requirements set forth in Local Rule 5265 and the California Rules of Court.

Each parent may hire a private attorney. If an attorney is not retained, the Court will appoint counsel for each parent through the firm or firms that have a contract with the Court for legal representation in juvenile dependency ...matters.

(Adopted 4-29-16, effective 7-1-16)

Appointed counsel representing parties in Juvenile Dependency Court must satisfy the following minimum requirements: 

i.	Member in good standing of the State Bar of California; and 

ii.	Demonstrate adequate forensic skills, ...knowledge and comprehension of the statutory scheme relating to cases before the Juvenile Court, the purposes and goals of dependency proceedings, the Rules of Court, and cases relevant to such proceedings, and procedures for filing petitions for extraordinary writs; and 

iii.	Completed at least eight (8) hours of training or education in the area of juvenile dependency, or demonstrate sufficient recent experience in juvenile dependency proceedings to demonstrate competency in the area.  Training must include the following: 

1.	Overview of dependency law and related statutes and cases; and 
2.	Information on child development, child abuse and neglect, substance abuse, domestic violence, family reunification and preservation and reasonable efforts; and 
3.	Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home placement; and 

iv.	Counsel must complete at least eight (8) hours of continuing education relating to dependency proceedings at least every three (3) years; and 

v.	Counsel must provide verification of the recent experience, training and continuing education set forth in this Rule upon demand to demonstrate competency in the area of juvenile dependency.

Attorneys shall limit their caseload to a number of cases that allows the attorney to competently perform the duties required by Welfare & Institutions Code section 317(e), and otherwise provide adequate representation for the chi...ld.

(Adopted 4-29-16, effective 7-1-16)

Complaints regarding the conduct and procedures employed by counsel appointed in a juvenile dependency proceeding shall be made to the contract holding agency or law firm appointed to represent the party.  Such contract holding ag...ency or law firm receiving a complaint pursuant to this local rule shall handle all such complaints within a reasonable time. 

The Court shall take action, if appropriate.

Counsel shall inform the Court of interests of a dependent child that require further investigation, intervention or litigation pursuant to the guidelines set forth in Local Rule 5271.

(Adopted 4-29-16, effective 7-1-16)

The following procedures shall be followed when informing the Court of the interests of a dependent child: 

A.	At any time during a dependency proceeding, any interested person may notify the court that the minor who is the sub...ject of the proceeding may have an interest or right which needs to be protected or pursued in another judicial or administrative forum. If counsel for the minor becomes aware of such interest or right, they shall so notify the court as soon as it is reasonably possible for counsel to do so. 

B.	Notice to the court may be given by the filing of Judicial Council form JV-180. The person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected and the nature of the proceedings being contemplated or conducted there. 

C.	If the person filing the notice is the counsel for the minor, the motion shall state what action on the child's behalf the counsel believes is necessary, whether the counsel is willing or able to pursue the matter on the child's behalf, whether the association of counsel specializing in practice before that agency or court may be necessary or appropriate, whether the appointment of a guardian ad litem may be necessary to initiate or pursue the proposed action, whether joinder of an administrative agency to the juvenile court proceedings pursuant to Welfare and Institutions Code § 362 may be appropriate or necessary to protect or pursue the child's interests and whether further investigation may be necessary. 

D.	If the person filing the notice is not the counsel for the child, a copy of the notice shall be served on the counsel for the child, or, if the child is unrepresented, the notice shall so state. 

E.	The court may set a hearing on the notice if the court deems it necessary in order to determine the nature of the child's right or interest or whether said interest should be protected or pursued.

F.	If the court determines that further action on behalf of the child is required, the court shall address the following at the hearing: 

(1) Authorize the minor's counsel to pursue the matter on the child's behalf; 

(2) Appoint a counsel for the child if the child is unrepresented; 

(3) Notice a joinder hearing pursuant to Welfare and Institutions Code § 362 compelling the responsible agency to report to the court with respect to whether it has carried out its statutory duties with respect to the child; 

(4) Appoint a guardian ad litem for the child for the purposes of initiating or pursuing appropriate action in the other forum(s); 

(5) Take any other action the court may deem necessary or appropriate to protect the welfare, interests and rights of the child.

(Adopted 11-8-14, effective 1-1-15; amended 5-7-21, effective 7-1-21)

References:
WIC §§ 317, 317.6
California Rules of Court, rule 5.660

Unless authorized by the judicial officer presiding over the hearing, all jurisdiction and/or disposition reports, addendum(s), and memorandum(s) shall be filed and served no later than 12:00 noon at least three (3) judicial days ...before any hearing.  All reports and assessments shall be timely filed and served as mandated by the Welfare and Institutions Code and/or the California Rules of Court.  

(Added 10-19-96 Effective 1-1-97; amend. 10-30-99; effective 1-1-00; amended 10-20-00, effective 1-1-01; amended 9-29-01, effective 1-1-02; amended 4-25-03, effective 7-1-03; amended 10-22-04, effective 1-1-05; amended 10-26-07, effective 1-1-08; amended 10-22-10, effective 1-1-11; Moved from Title 12 and Renumbered from Rule 12.0080, 8-1-11, effective 1-1-12)

No report shall be filed with any attachment, exhibit or other document previously filed in the same matter.  Previously filed reports and/or attachments or exhibits attached thereto may be incorporated by reference by denoting th...e title and file date of the referenced report, the page and line number and/or the specific attachment or exhibit number to be referenced. 

(Added 5-10-02, effective 7-1-02; Moved from Title 12 and Renumbered from Rule 12.0082, 8-1-11, effective 1-1-12)

No copies of any court minute order generated by the Riverside Superior Court shall be attached to any report. A party may within a court report request the court to take judicial notice of any court minute order referencing the d...ate of the court minute order and the specific order or orders. 

(Added 5-10-02, effective 7-1-02; Moved from Title 12 and Renumbered from Rule 12.0084, 8-1-11, effective 1-1-12)

All requests for orders for psychotropic medications must comply with the requirements set forth in California Rule of Court 5.640.

If a child is a ward of the juvenile court pursuant to Welfare & Institutions Code section 602, if the parent or legal guardian does not authorize administration of medications, the prescribing physician must obtain court approval... regarding prescription and administration of psychotropic medications for that child.

Notice shall be provided pursuant to Cal. Rule of Court 5.640.

(Adopted 10-30-15, effective 1-1-16)

Geographical Locations For Filing

In all actions and special proceedings in which the alleged cause of action occurred or the subject matter of the action is located in the geographical area of the Western Region, Mid County Re...gion or Desert Region of the Riverside County Superior Court, the documents initiating the action or special proceeding shall be filed in the relevant region at the court facility as designated in the Administrative Order - Where to File Probate Documents. The order can be located on the court's website at http://www.riverside.courts.ca.gov/ by clicking on Local Rules under the General Information tab. Except for documents pertaining to appeals, all subsequent documents related to that action or special proceeding shall also be filed in the specified courthouse within that region. Documents pertaining to appeals shall be filed as specified in Title 8.

Self-represented litigants may visit a self-help center at any court location in the county for assistance in filing documents at the proper courthouse.

Actions and proceedings shall usually be heard in the courthouse in which they were filed or in another courthouse in the same region. For good cause, and to maximize efficient use of court resources, actions or proceedings may also be assigned for hearings in other regions.  

(Adopted 11-4-11, effective 1-1-12; amended 5-13-13, effective 7-1-13)

Caption of Petitions

1.	The caption of petitions must be all-inclusive as to the nature of the petition and relief sought so that the matter may be properly calendared and noticed and filing fees, if any, determined. LPS cases ...shall indicate "W&I" after the case number. 

2.	Attorneys are encouraged to use subheadings in the body of the petition, particularly for required allegations.

3.	All petitions, applications, reports, or accounts being filed in probate proceedings, which are not prepared on the form approved and required by the Judicial Council of California, shall bear pertinent code citation(s) beneath the nature or title of the paper. 

4.	All documentation pertaining to a hearing shall be filed with the Clerk at least four (4) court days before the hearing. Failure to comply with this rule will be cause for a continuance. 

5.	All pleadings and orders shall include in the caption the date, time and department of the matter heard or shall provide a space for the Clerk to insert this information. 

Certificate of Assignment

The first paper filed in an action or proceeding to which the Probate Code applies must be accompanied by a certificate of assignment. The certificate must be on the local from prescribed by the court.... The party who files the certificate is not required to serve the certificate on any party. The certificate is used for statistical purposes and may affect the assignment of the case to the location specified by local rule where certain types of actions or proceedings may be tried.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1-90;  amended 3-16-91, effective 7-1-91; amended 4-4-92, effective 7-1-92; amended 4-28-06, effective 7-1-06; amended 10-21-09, effective 1-1-10; amended 10-22-10, effective 1-1-11; Moved from Title 6 and renumbered from Rule 6.0101, 8-1-11, effective 1-1-12)

Contested Matters.

l.	Contested matters normally will not be heard on the daily calendar.  Attorneys shall either (1) appear at the time scheduled for hearing, advise the Probate Judge of the contest, obtain a trial date from t...he Probate Judge; or (2) obtain a trial date from the Probate Judge in advance of the time scheduled for hearing.

2.	As to will contests, trial and pre-trial rules of the Court, if any, shall apply.  Counsel should inquire of the trial judge if any rules are applicable to that department.

The Probate Examiner will ordinarily review the daily probate calendar approximately ten (10) days in advance of the date of hearing, and shall indicate thereon those matters which, procedurally and jurisdictionally, are either de...ficient or are recommended for approval by the Court.  The examiners' notes are finalized three (3) court days before the scheduled hearing date.

Notes appearing on the calendar are for the Court's benefit in reaching its determination and decision.  Counsel may be informed of and may rectify said deficiencies by filing appropriate verified supplements and/or amendments provided appropriate notices are given as required by statute or rule.  Supplements and corrections not received by the examiner prior to the three (3) day finalization of notes will not be reflected in the notes reviewed by the Court, and such matters may be continued for further hearing to allow further examination and review.  The Court, in its discretion, may consider such late-filed supplements/corrections.  

The Probate Examiner will not ordinarily discuss said notes in detail nor advise counsel of the action to be taken, nor is the Clerk's Probate Section authorized to answer questions regarding probate notes.  Counsel or their secretaries may call for Examiner's notes in advance of the hearing or may retrieve notes via the Court's Internet website.  Each Court location may set its own hours for telephone availability of its examiners.  

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1-90; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.0104, 8-1-11, effective 1-1-12)

Matters Not Approved.  At the call of the calendar, if the matter is not ready for hearing, it will be continued for at least four (4) weeks, unless good cause is shown otherwise.  Any matter continued two (2) times may be ordered... off calendar or denied.

All original documents submitted by fiduciaries in support of their Inventory and Appraisals or accountings as required by Local Rules 7129 or 7162, Probate Code 2620(c), including financial account statements, original closing es...crow statements, and original residential care facility or long-term care facility bills must be lodged separately from the Inventory and Appraisal or accounting as a confidential document complying with California Rules of Court, Rule 2.100 et seq. To facilitate scanning, the document must be loosely bound and not stapled. The caption page for the document must be the mandated local form RI-PR060 "Financial Document(s) Cover Sheet," and must include a statement regarding the total number of pages (including the cover sheet) submitted and a declaration by the fiduciary under penalty of perjury stating the documents attached are the originals. To facilitate return of the original document, the fiduciary must submit, at the time of filing, a self-addressed envelope with sufficient postage for mailing the documents or an attorney service pick up slip. Documents scanned by the Court shall constitute the Court's permanent record of such documents. After the documents are scanned, the Clerk is directed to return the documents to the fiduciary. The court will retain the documents in electronic form only. The fiduciary must retain the originals until the order approving the final account is final. 

(Added 4-21-10; effective 7-1-10; moved from Title 6 and renumbered from Rule 6.0107, 8-1-11, effective 1-1-12; amended 11-8-14, effective 1-1-15; amended 4-30-20, effective 7-1-20)

GENERAL ELIGIBILITY REQUIREMENTS
1.	As provided in the California Rules of Court, Rule 7.1101(g), in addition to the requirements set forth in Rule 7.1101, counsel appointed by the court must complete at least twelve hours of MCL...E either during the attorney's current State Bar reporting period or the most recent period that has expired in the subjects of decedent estates, conservatorships/guardianships, or trust administration, and must meet the requirements for each specific area(s) of interest selected from the following: 

	a)	Decedent Estate and Trust Administration. Prior to filing the application and within the past three years, the attorney must have represented parties in at least six different probate or trust administration court proceedings, including three decedent estate or trust proceedings from inception through final account and/or order for distribution. The attorney must have experience and/or training in tax-related issues sufficient to enable them to identify tax issues from the facts of the case and to competently represent the client's interests concerning the potential tax consequences of the particular matter. 

	b)	Conservatorships. Attorneys representing conservatees in Conservatorship proceedings must satisfy the requirements of California Rules of Court, Rule 7.1101(b)(2) and (f)(1). 

	c)	Guardianships. Attorneys representing wards in Guardianship proceedings must satisfy the requirements of California Rules of Court, Rule 7.1101(b)(1) and (f). 

	d)	Conservatorships of the Person. Prior to filing the application and within the past five years, the attorney must have represented parties in at least four conservatorship of the person matters (including at least two proceedings from their inception) which involve securing the appointment and qualification of the conservator of the person. 

	e)	Limited Conservatorships. Attorneys representing limited conservatees in Conservatorship proceedings must satisfy the requirements of California Rules of Court Title Seven, Rule 7.1101(b)(2). In addition, the attorney must understand the legal and medical issues arising out of developmental disabilities and the role of the Regional Center. The attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships either during the attorney's current State Bar reporting period or the most recent period that has expired. 

	f)	Estate Planning and Taxation. Prior to filing the application and within the past three years, the attorney must have extensive experience in matters regarding estate planning, estate, gift, or income tax or related tax matters pertaining to trusts and decedent estates. The attorney must have represented parties in at least three substituted judgment (Probate Code section 2580 et seq.) or particular transaction matters (Probate Code section 3100 et seq.). The attorney must have at least ten hours of MCLE in the areas of estate planning and taxation either during the attorney's current State Bar reporting period or the most recent period that has expired. 

	g)	Medi-Cal Planning. Prior to filing the application and within the past three years, the attorney must have represented parties in at least three Probate Code section 3100 petitions, including at least two in which there was a request to increase either the Community/Spouse Resource Allowance and/or to obtain a support order. The attorney must be familiar with the laws and regulations for Medi-Cal eligibility, and shall be knowledgeable on the rules regarding the increase of the CSRA/MMMNA, exempt assets, gifting rules, special needs trusts under 42 U.S.C. 1396p(d)(4)(a) and (c), and tax and estate planning ramifications related to Medi-Cal planning. The attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships either during the attorney's current State Bar reporting period or the most recent period that has expired. 

	h)	Compromises/Judgments and Special Needs Trusts for Minors/Persons with Disabilities. Prior to filing the application and within the last three years, the attorney must have represented parties in at least three petitions for approval of compromise under Probate Code section 3500 or Code of Civil Procedure section 372 which involved creation of special needs trusts. The attorney must be familiar with the advantages and disadvantages of the various funding alternatives available under Probate Code section 3600 et seq., special needs trusts under 42 U.S.C. 1396p(d)(4)(a) and (c), and the application of MICRA to medical malpractice settlements. The attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships either during the attorney's current State Bar reporting period or the most recent period that has expired. 

	i)	Fiduciary Appointments/Guardians ad Litem. The attorney must have at least five years in practice, with recent experience serving as a fiduciary or guardian ad litem. An attorney who acts as a guardian ad litem or fiduciary may not be covered by their professional liability insurance. Although insurance coverage is not a requirement, the attorney may wish to consult their professional liability insurance carrier prior to accepting such appointment. 

	j)	Evidence Code Section 730 Experts/Referees/Special Masters. The attorney must have at least five years in practice, with experience serving as an Evidence Code section 730 expert, Code of Civil Procedure section 638 referee, or special master. The attorney also must have substantial expertise in the substantive area of law involved in the matter. 

	k)	Health Care Decisions for Adults Without Conservators and Tuberculosis Detention Proceedings/Capacity Determinations. Prior to filing the application and within the past three years, the attorney must have extensive experience in matters relating to medical treatment and bio-ethical issues. The attorney must be familiar with Probate Code section 3200 or Health and Safety Code section 121365 proceedings. These cases often involve complex treatment issues and may require immediate attorney response to medical emergencies. Consequently, the attorney must be familiar with the medical parameters underlying these issues in order to adequately represent the client's interests. The attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships either during the attorney's current State Bar reporting period or the most recent period that has expired. 

2.	Proof of compliance with the requirements set forth in this rule shall be provided using a mandatory local form filed as an attachment to Judicial Council form GC-011, and shall be filed in the same court location where proceedings under Welfare and Institutions Code section 5350 et seq. are filed.

A. Appointment

1.	The appointment of probate referees shall be on a rotational basis.  No deviation in appointment rotation shall be authorized or permitted without prior written approval of the Court for good cause shown.

2....	Whenever the appointment is not effected on the order for probate, the appointment of a probate referee may be accomplished by ex-parte application delivered to the Clerk's Office.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1-90; deleted 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.0601, 8-1-11, effective 1-1-12)

Complete Inventory.  An inventory entitled "Inventory and Appraisal ( ) Complete" will be deemed to be a full inventory of all the known assets of an estate, valued as of the date of death.  All items specifically bequeathed (and ...in existence at the date of death) must be separately listed in the inventory.

Final Inventory.  The final inventory and appraisal will be deemed to be the last of the partial inventories and shall be entitled "Inventory and Appraisal ( ) Final."

Amended/Corrected Inventory.  If the inventory and appraisal is filed to correct an error in one previously filed, it shall be entitled "AMENDED/CORRECTED Inventory and Appraisal (proper block to be checked).  "It should show the ...total inventory amount as amended.  This may result in a change in the date-of-death valuation and may have an effect on the computation of death taxes, if any, and statutory compensation.  The entire inventory and appraisal shall be restated, not just the items being changed or corrected.  An amendment to an inventory shall not be filed.

When a minor, conservatee, or decedent's estate receives an asset as the heir or beneficiary of a decedent's estate, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filin...g of the Inventory and Appraisal a declaration and attach a copy of the Order of Partial or Final Distribution, Spousal or Domestic Partner Property Order, Affidavit re Real Property of Small Value, Order Determining Succession to Real Property, or Affidavit for Collection or Transfer of Personal Property from the decedent's estate.

When a minor, conservatee, or decedent's estate receives proceeds as the beneficiary of a life insurance policy, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filing of... the Inventory and Appraisal a declaration and attach a copy of the check received from the life insurance company.

When a conservator, guardian, or personal representative files an Inventory and Appraisal that includes property to be appraised by the guardian or conservator or personal representative pursuant to Probate Code 2610(a) and / or P...robate Code 8901(c) and (d), they shall concurrently lodge in the manner provided in Local Rule 7112 the following: 

1. For accounts at a bank or other financial institution, account statements as defined in Probate Code 2620(c)(1) for each account showing the account balance as of the date of appointment of the guardian or conservator or the decedent's date of death. Submitting an account statement pursuant to this rule satisfies the requirement to file the statement pursuant to Probate Code 2620(c). Any variation between the statement and the balance reflected in the inventory or account that is not otherwise readily understandable from the statement shall be explained by a declaration filed with the lodged documents.

2. For checks, a copy of the check. 

General.   All ex-parte matters shall be submitted to the Probate Department.

Specifically Bequeathed Property.  Petitions for sale of stock or personal property must allege whether the property is specifically bequeathed.  If the property is so bequeathed, the consent of the beneficiary must accompany the ...petition.

Where notice is required to be given pursuant to Probate Code § 1208(b) such as where a trust is a beneficiary of a decedent's estate, the petitioner shall file separately from the petition as a confidential document a true and c...orrect copy of the trust, including any amendments, disclaimers, and any directions or instructions to the trustee that affect the disposition of the trust. The confidential document shall be filed using the court's mandatory local form RI-PR058 - Trust Documents Coversheet - Confidential - as the cover page. The confidential document shall not be released to any party absent a prior order of the court.

(Adopted 10-15-13, effective 1-1-14; amended 11-8-14, effective 1-1-15)

Vesting Deed Attached to Petition
Any petitioner under Probate Code 13150 et seq. (Petition to Determine Succession to Real Property, form DE-310), or Probate Code 13650 et seq. (Spousal or Domestic Partner Property Petition, for...m DE-221) requesting an order concerning title to real property held in whole or in part by the decedent shall attach to the petition a copy of all deeds by which the decedent acquired title

The petition shall set forth sufficient facts for the Court to determine the advisability of the continuance of the business and the parties to whom notice of the hearing should be given.  Ordinarily, the Court will require that a...t least fifteen (15) days notice of the hearing be given to the five (5) largest creditors of the estate, in addition to the notice required under Probate Code Section 1220.  

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1-90; Moved from Title 6 and renumbered from Rule 6.0703, 8-1-11, effective 1-1-12)

Any Petition under Probate Code section 850 must state the names and last known addresses of all parties entitled to notice pursuant to Probate Code section 851. 

For any Petition under Probate Code section 850 that concerns a lease of land held by the Bureau of Indian Affairs, the parties entitled to notice pursuant to Probate Code section 851(a)(2) shall include the Bureau of Indian Affai...rs.

Where more than one broker is involved, petitioner shall indicate the manner in which the commission is to be allocated if agreed upon between the brokers.  No commission shall be paid to a broker who is a buyer or related to the ...buyer within the 2nd degree. 

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.0903, 8-1-11, effective 1-1-12)

At the hearing on confirmation of sale at which an overbid is accepted, a written overbid is required to be filed with the Court by the successful bidder. 

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 4-28-06, ef...fective 7-1-06; Moved from Title 6 and renumbered from Rule 6.0905, 8-1-11, effective 1-1-12)

Petitions for preliminary or final distribution shall contain an allegation that all real or personal property taxes, current federal and California income taxes, and all federal and California estate taxes have been paid or that ...such estate taxes have been adequately secured to the satisfaction of the Internal Revenue Service.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1-90; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1007, 8-1-11, effective 1-1-12; amended 4-24-14, effective 7-1-14)

Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with a copy of the petition, report, inventory, or account, shall be mailed to the Indian tribe of the... minor or conservatee at least 15 days before the hearing, or within 15 days after the inventory is filed, if both of the following conditions exist:

(1)	The guardianship or conservatorship estate includes money received from the minor or conservatee’s Indian tribe, property acquired with that money, or revenue or profit from that money or property. 

(2)	The petition, report, inventory, or account is filed under any one or more of the following provisions: Section 1510, 1601, 1820, 1861, 1874, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2570, 2571, 2580, 2592, 2610, 2613, or 2620; Chapter 8 (commencing with Section 2640) of Part 4; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6.

Transfers Between Cash Accounts. Transfers of cash between accounts as defined in Probate Code § 21 or money market mutual funds as defined in subdivision (b) of Probate Code §9730 shall not be reported in the detailed schedules... required by Probate Code §1062(a) (receipts), (b) (disbursements), (d) (calculation of gains or losses on sale or other disposition), or Probate Code § 1063(b) (purchases or other changes in the form of assets). 

Total for Purchases. Each detailed schedule required by Probate Code § 1063(b) (purchases or other changes in the form of assets) shall contain a calculation of the total of the column of the schedule providing the purchase price... of the assets. Items that are not purchased or sold in exchange for cash shall not be included in this total. 

If an order for final distribution of an estate of a decedent, ward, conservatee or trust includes a reserve of more than $1,500, an accounting of the reserve shall be attached to the Ex Parte Petition for Final Discharge (Judicia...l Council form DE-295 or GC-395). If the reserve amount is $10,000 or more, the Ex Parte Petition for Final Discharge shall be set for hearing, and notice of hearing shall be given in the same manner as is required for an accounting.

(Adopted 11-8-14, effective 1-1-15)

A copy of the decedent's death certificate, with the decedent's social security number redacted, shall be filed with any Petition for Probate (Probate Code 7000 et seq), Petition to Determine Succession to Real Property (Probate C...ode 13150 et seq) or Spousal Property Petition (Probate Code 13500 et seq).

(Adopted 10-30-15, effective 1-1-16)

A petitioner who files a petition for letters of administration, letters of administration with will annexed, probate of will and for letters testamentary, to determine succession to real property, or a spousal property petition m...ust comply with this rule if either of the following is true: 

(1)	The petition requests a finding that the decedent died intestate when a will and/or codicil has been lodged as an original with the court or a copy of a will and/or codicil has been otherwise filed with the court. 

(2)	The petition requests probate of or distribution under a will and/or codicil, and a different will and/or codicil has been lodged as an original with the court or a copy has otherwise been filed with the court. 

This rule does not apply if any of the following is true:

(1)	The petition requests probate of or distribution under a will that purports to have been executed after the date of rejected will and/or codicil and that expressly r...evokes all prior wills. 

(2)	The petition is for letters of administration or distribution under intestate succession and the rejected will and/or codicil provides for distribution that is identical to intestate succession and does not appoint a party other than petitioner to serve as executor.

(Adopted 10-30-15, effective 1-1-16)

CONFIDENTIAL SUPPLEMENT TO DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE(S)

The Confidential Supplement to Duties and Liabilities of the Personal Representatives(s) Judicial Council Form DE-147(S) must be submitted by each ...personal representative and must contain the personal representative's date of birth and driver's license number. This form shall be filed as confidential and shall not be released to any party absent a prior order of the court. The clerk must maintain the form in a manner that will protect and preserve its confidentiality.

NOTICE TO VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD

The optional local form for Notice to the Victim Compensation and Government Claims Board (RI-PR039) contains the date of birth of the heirs and/or beneficiaries of the ...decedent's estate. Consequently, the form shall be filed as confidential, and shall not be released to any party absent a prior order of the court. The clerk must maintain the form in a manner that will protect and preserve its confidentiality. 

Any written election under Probate Code section 13502 must include a declaration under penalty of perjury by the electing surviving spouse or registered domestic partner, or by the personal representative, guardian, or conservator... of their estate acknowledging the following:

1.	That the alternative procedures available pursuant to Probate Code sections 13540, 13541, 13545, 13600, and 13650 have been considered; and

2.	That inclusion of the property in the administration of the decedent’s estate could result in probate fees, personal representative commissions, and attorney fees that are higher than if an alternative procedure was used. 

(Adopted 10-19-12, effective 1-1-13; amended 5-7-21, effective 7-1-21)

The original will shall be deposited with the court pursuant to Probate Code Section 8200.  

If the original will is lost, a copy of the lost will or a document setting forth the terms of the lost will shall be filed as an attachment to the affidavit or petition. The attachment must clearly indicate that the original will... is lost, and shall be accompanied by a declaration addressing the presumption of revocation under Probate Code 6124. 

(Adopted 10-26-07, effective 1-1-08; Moved from Title 6 and renumbered from Rule 6.0403, 8-1-11, effective 1-1-12; amended 10-30-15, effective 1-1-16; amended 11-5-21, effective 1-1-22)

When accrued interest has been paid in connection with the delayed payment of claims for the reasonable costs of funeral expenses, a specific allegation must be made in the report accompanying the account in which credit for such ...payment has been taken setting forth the reasons for credit for payment of interest where the delay in payment of the claims is not justified by the facts set forth.  Interest for funeral and interment claims will be allowed only as provided by Health and Safety Code Section 7101, and will be separately set forth. 

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; Moved from Title 6 and renumbered from Rule 6.0804, 8-1-11, effective 1-1-12)

Guardianship of the Person
 
1.	Upon filing of a petition for appointment of guardian of the person or petition for termination of guardianship of the person, the petitioner or the petitioner's attorney shall furnish to the Cler...k a completed copy of the following local forms:
One form for each Guardian/Parent:
Social History of Guardian / Parent, Local Form RI-PR092
Employment Verification and Consent, Local Form RI-PR093
Three forms for each Guardian/Parent:
Character Reference Questionnaire, Local Form RI-PR094
One form for each Minor:
Social History of Minor, Local Form RI-PR095
School Report, Local Form RI-PR096
2.	When a referral is made to the Riverside County Department of Public Social Services under Probate Code 1513(b), the investigation otherwise required by Probate Code section 1513(a) for a proposed guardian who is a relative is waived unless ordered by the court.

Confidentiality
 
1.	The Employment Verification and Consent, Local Form RI-PR093, Character Reference Questionnaire, Local Form RI-PR094, and School Report, Local Form RI-PR096 are used by the court and / or by the Riverside Co...unty Department of Public Social Services to prepare reports under Probate Code 1513 or as ordered by the court. The forms and the information contained on the forms are confidential. They shall only be made available to persons who have been served in the proceedings or their attorneys. The clerk of the court shall make provisions to limit access to these documents exclusively to persons entitled to receipt. 

2.	The Social History of Guardian / Parent, Local Form RI-PR092 and Social History of Minor, Local Form RI-PR095 are used by the court and / or by the Riverside County Department of Public Social Services to prepare reports under Probate Code 1513 or as ordered by the court. The forms contain personal identifiers and are confidential. They shall not be released to any party or their attorney absent a court order. The clerk must maintain these forms in a manner that will protect and preserve their confidentiality. 

3.	The information on the Confidential Cohabitant Screening Form, Local Form RI-PR040 is used by the court and by persons or agencies designated by the court to supervise the placement and care of minors under guardianship. The form and the information obtained on the form are confidential and shall not be released to any party or their attorney absent a court order. The clerk must maintain these forms in a manner that will protect and preserve their confidentiality.  
 
4.	The results of the screening by the Riverside County Department of Public Social Services required by Probate Code 1516 are confidential. They shall only be made available to court-appointed counsel for the ward, or the person who is the subject of the screening results or their attorney. The clerk of the court shall make provisions to limit access to the results exclusively to persons entitled to receipt.  
 
5. 	Confidential information from the California Law Enforcement Telecommunications System obtained by the Probate Investigator to complete the investigation required by Probate Code 1513(a) shall be in a separate attachment to the investigation report. It shall only be made available to court-appointed counsel for the ward, or the person who is the subject of the screening results or their attorney. The clerk of the court shall make provision to limit access to the results exclusively to persons entitled to receipt.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1-90; amended 4-4-92, effective 7-1-92; amended 10-30-99; effective 1-1-00; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1101, 8-1-11, effective 1-1-12; amended 10-3-15, effective 1-1-16; amended 10-26-18, effective 1-1-19; amended 5-7-21, effective 7-1-21)

Where a guardian accounts for the assets of more than one minor, an accounting for each minor must be set forth separately.

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1-90; amended 4-28-06..., effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1104, 8-1-11, effective 1-1-12)

If a guardian is required to file a confidential guardianship status report and an adult has moved into the child's home after the guardianship was established, in addition to the mandatory Judicial Council form the guardian shall... file a confidential local form. The form shall provide the date of birth, driver's license number, and social security number of each adult who has moved into the child's home after the guardianship was established. 

The clerk shall obtain State summary criminal information, as defined in Penal Code section 11105, concerning each adult who is indicated on the form filed pursuant to this rule and shall provide the information to the judicial of...ficer who is reviewing the guardianship status report. 

(Adopted 5-13-13, effective 7-1-13)

If a proposed conservator fails to meet these requirements, the court may continue or deny the petition for appointment, or make other appropriate orders. If the proposed conservator has been appointed as temporary conservator and... fails to meet these requirements, the temporary conservator must attend the hearing on the petition for appointment as conservator. If the temporary conservator fails to attend the hearing or fails to show good cause why they failed to attend the educational program, the court may suspend the powers of the temporary conservator, terminate the temporary conservatorship, deny or continue the petition for appointment of conservator, or make other appropriate orders. 

In addition to the notice required pursuant to Probate Code, Section 2250, all persons entitled to notice on the general petition shall be given at least twenty-four (24) hour, telephonic notice of the request for appointment of a... temporary conservator.

(Added 10-21-89, effective 1-1-90; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1200, 8-1-11, effective 1-1-12)

Termination of Life Support Treatment.  Notwithstanding that the conservator has the authority to give medical consent for the conservatee, the conservator shall not withhold or terminate life support treatment without prior court... authorization.  Advice of a licensed physician as well as the consents of the immediate family members are required. 

(Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1-90; amended 10-17-98, effective 1-1-99; Moved from Title 6 and renumbered from Rule 6.1203, 8-1-11, effective 1-1-12)

Probate Investigators Referral Report 
1.  Use of Form. The Probate Investigator's Referral Report (local form RI-PR016) provides phone and email contact information for relatives of the conservatee, contact information concernin...g the conservatee's residence and school or day program, need for an interpreter, and the conservatee's current medical diagnoses and medications. This information is provided to assist the probate investigator in completing the duties required by law. 
2.	Confidentiality. The Probate Investigator's Referral Report shall be confidential and shall be made available only to parties, persons given notice of the proceedings who have requested these forms or who have appeared in the proceedings, their attorneys, and the court. The court shall have the discretion at any other time to release the forms to other persons if it would serve the interests of the conservatee. The clerk of the court shall make provision for limiting disclosure of the forms exclusively to persons entitled to receive them under this rule.	

(Adopted 10-30-15, effective 1-1-16)

All payments made to care providers (relative or non-relative) for personal care to the conservatee must be authorized by the court prior to the rendition of services. 

(Added 10-19-96, effective 1-1-97; amend. 10-17-98, effect...ive 1-1-99; Moved from Title 6 and renumbered from Rule 6.1204.1, 8-1-11, effective 1-1-12)

All orders and letters for limited conservatorship of person, limited conservatorship of estate, or limited conservatorship of person and estate, must include mandatory local form RI-PR062 as an attachment, setting forth the speci...fic powers and duties over the Person and/or Estate granted by the Court.

(Adopted 4-28-17, effective 7-1-17)

Conservatee's Address.  The conservatee's current residence address shall be set forth in each accounting or Declaration in Support of Order Dispensing With Accounting filed.

Copies of all inventories and appraisals shall be served on any attorneys of record for any conservatee at the time of filing with the Clerk.

Adopted 1-1-86; amended 3-17-89, effective 7-1-89; amended 10-21-89, effective 1-1-90...; amended 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1208, 8-1-11, effective 1-1-12)

One of the following findings shall be made in conservatorship matters where counsel has been appointed:

The conservatee, proposed conservatee, limited conservatee, proposed limited conservatee, or person alleged to lack legal ...capacity is:

- Able to pay court-appointed counsel's attorney fees.

- Unable to pay court-appointed counsel's attorney fees.


- Able to pay a portion of the sum in the amount of $________________.
- The court presently lacks sufficient information to determine whether the conservatee, proposed conservatee, proposed limited conservatee, or person alleged to lack legal capacity, or the conservator of such person's estate has sufficient funds to pay all or a portion of the attorney's fees.  Therefore, the court orders the County of Riverside to pay attorney an amount to be determined upon submission of the payment voucher.


Note:	If this finding is made, the court shall reconsider the ability to pay all or a portion of the attorney's fees paid by the County of Riverside at the time of the hearing on the First Accounting, and the probate examiner(s) shall make a note regarding same.

Should the court determine that there is an ability to pay, an order shall be made that the County of Riverside be reimbursed, from the estate, for attorney's fees advanced, payable to the County of Riverside.

(Adopted 4-28-06, effective 7-1-06; Moved from Title 6 and renumbered from Rule 6.1211, 8-1-11, effective 1-1-12)

When a Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Adult Person with a Disability is filed where a request is made for the establishment or funding of a tr...ust, a separate probate petition shall be filed requesting the establishment or funding of the trust, to be heard concurrently with the Petition to Approve Compromise of Disputed Claim. The petition shall be filed in a new file with a probate case number, and there shall be no initial filing fee for such petition. 

(Adopted 10-24-08, effective 1-1-09; Moved from Title 6 and renumbered from Rule 6.1505, 8-1-11, effective 1-1-12; amended 5-1-21, effective 7-1-21)

The medical facility must ensure that the patient is present at the appointed time of the hearing unless the patient has waived their presence.

For hearings conducted at the medical facility, it is the responsibility of the medical facility to provide adequate security for the hearing.  The following security measures must be met by each medical facility conducting such h...earings:

1.	Competent and capable security personnel or orderly must be present in the hearing room at all times;
2.	A table that is a minimum of 60" wide by 24" deep must be present between the patient and the judicial officer.  This table shall be secured to the floor in order to provide a physical barrier. There shall be a minimum of 3'-5" between the edge of the table and the wall behind to accommodate a wheelchair or mobility device and allow the judicial officer sufficient work area;
3.	All furniture and potentially dangerous objects in the room shall be secured to the floor; and
4.	A separate exit door on the judicial officer's side of the table.

In lieu of the above security requirements, the medical facility may provide video conference equipment to allow the patient and the doctor to appear for the hearing by video. The video equipment must provide two-way video and audio communication compatible with the video conference equipment of the court. The equipment must also provide the ability for the judicial officer to simultaneously view both the patient and the doctor.

The local rules in this title are intended to supplement the California Rules of Court, which govern appeals in (1) limited civil appeals taken pursuant to Code of Civil Procedure Section 904.2, (2) misdemeanor and infraction appe...als taken pursuant to Penal Code Sections 1466 and 1538.5, and (3) small claims appeals taken pursuant to Code of Civil Procedure Section 116.710 et sequitur.

(Adopted 11-4-11, effective 1-1-12)

Record of Oral Proceedings 

1.	The record of oral proceedings in limited civil, excluding limited unlawful detainer appeals as noted in subsection (A)(2), and misdemeanor appeals may be submitted by a) statement on appeal, b) e...lectronic recording or transcript therefrom, or (c) reporter's transcript.  In limited civil appeals, the appellant and respondent may also jointly prepare or stipulate to an agreed statement on appeal.

2.	The official record of the oral proceedings in infraction trials and limited unlawful detainer trials shall be a transcription of the official electronic recording, and the parties shall be entitled to a free copy of that transcript, unless the appellant elects in the notice of appeal to proceed by statement on appeal. Infraction appellants are encouraged to use Local Form "Notice of Appeal and Record of Oral Proceedings (Infraction)." Limited unlawful detainer appellants are encouraged to use Local Form "Notice of Appeal and Record of Oral Proceedings (Unlawful Detainer)." The transcription of the official electronic recording shall be provided within 20 days of the notice to prepare the transcript. 

3.	If the appellant in a misdemeanor appeal proceeds by way of reporter's transcript, the appellant shall be responsible for transcript preparation unless appellant obtains a waiver of transcript fees pursuant to Government Code Section 68634.5 and Rule 8.866 of the California Rules of Court. Respondent shall be responsible to make private arrangements with court reporter(s) to obtain copies if appellant does not obtain a waiver of transcript fees.

Continuation.  In every criminal case where a defendant in a lower court has assigned counsel, and such defendant files an appeal, the assigned counsel is hereby appointed to continue on as counsel for the purpose of perfecting an...d arguing the appeal.

Attorney Fees.  After the decision on appeal has become final, assigned counsel may submit an application for attorney fees for services rendered in the appeal proceeding to the Presiding Judge who shall consider the application a...nd may award reasonable attorney fees pursuant to Penal Code Section 987.2.

(Adopted 1-1-86; Renumbered from Rule 8.0015, 8-1-11, effective 1-1-12; amended 11-4-11, effective 1-1-12; amended 5-7-21, effective 7-1-21)

Failure to Perform.  If and when the appellant fails to perform any act necessary to perfect the appeal according to the California Rules of Court, the trial Court shall mail a notice to the appellant informing the appellant that ...the appeal will be dismissed unless an application pursuant to Local Rule 8030 is filed with the Appellate Division of the Superior Court within fifteen (15) days of the date of mailing. 

Applications for an extension or shortening of time (Rule 8.810 of the California Rules of Court) or for relief from default (Rule 8.812 of the California Rules of Court) shall comply with Rule 8.806 of the California Rules of Cou...rt and shall be deposited with the Clerk for presentation to the Presiding Judge.  Failure to fully comply with Rule 8.806 shall be cause for the Clerk of the Appellate Division of the Superior Court for presentation to the Presiding Judge.  Applicant shall prepare and provide a proposed order for Presiding Judge.  Failure to fully comply with Rule 8.806 shall be cause for the Clerk to refuse the deposit of said application. 

(Adopted 1-1-86; Amend. 4-25-98, effective 7-1-98; Renumbered from Rule 8.0030, 8-1-11, effective 1-1-12; amended 11-4-11, effective 1-1-12)

Docket Entries.  In small claims actions where there are multiple parties it is requested that the courts insure that the docket entries and other records include the specifics as to which plaintiffs prevailed against which defend...ants and whether any liability found to exist is several or joint and several.

Notice of Appeal.  A notice of appeal should be filed by each appealing defendant or in the alternative, each defendant who appeals should sign the notice of appeal.

Pursuant to Government Code Section 69898, subdivision 8 and (d), the court hereby transfers from the County Clerk to the Superior Court Executive Officer all of the powers, duties and responsibilities of the County Clerk which re...late to, serve or impact the functions of this court.  The powers, duties and responsibilities transferred pursuant to this rule shall include all of those performed by the County Clerk with respect to superior court actions, proceedings and records, including but not limited to:

1. 	The acceptance, processing and filing of papers in connection with any action or proceeding before the court, including but not limited to those relating to the court's original jurisdiction, appellate jurisdiction and appeals from the court; the maintenance and management of court records; the micro-filming of court records and the keeping and disposition of papers, documents, files and exhibits in accordance with law.

2. 	The maintenance of indexes of all court files; the keeping of a register of actions or its alternate.

3. 	The issuance of process and notice including without limitation, summons, writs of execution, and other writs; subpoenas to witnesses; probate notices; citations in probate, guardianship and other matters; the acceptance of service on parties, the entry of defaults; the transmission of transcripts on change of venue.

4. 	The attendance at each session of court and upon the judge in chambers when required; the administration of oaths; the keeping of minutes and other records of the court.

5. 	The entry of orders, findings, judgments and decrees; the acceptance for filing of confessions of judgment; the authentication of records; certification of abstracts of judgment, the keeping of a judgment book or its equivalent.

6. 	The collection, receipt, deposit, and accounting of fees for filings, for preparing or certifying copies and for other fees; the receipt of jury fees, bonds, undertakings, fines, forfeitures and revenues; the keeping of money deposited in court including but not limited to, funds received in connection with minor's compromise; the recovery of county costs in judicial commitment proceedings.

7. 	The maintenance of statistical and financial records and the preparation of reports to the Judicial Council and other state and county offices as required by law or policy.

8. 	The keeping of naturalization records.

9.	The preparation of the clerk's transcript on appeal and the transmission of the record and exhibits to the reviewing court.

10. 	The receipt of wills of decedents.

11. 	The taking of bail and related matters as provided in the Penal Code.

12. 	The provision of calendar management, including the calendaring of cases and hearings and the maintenance of court calendars and schedules.

13. 	The printing and sale of court forms and rules of court; the procurement of supplies.

14. 	The keeping and affixing of the seal of the court to appropriate instruments.

15. 	Administrative functions related to the above, including hiring, training and supervision of personnel; accounting functions; mailing activities; and ordering and storing equipment and supplies.

If any part of this rule is held to be unconstitutional or invalid, the remaining parts shall not be affected thereby.  

(Added 11-22-89, effective 1-1-90; Moved from Title 9 and renumbered from Rule 9.0050, 8-1-11, effective 1...-1-12; amended 5-7-21, effective 7-1-21)

Nomination forms will be distributed to all sitting judges six weeks before the election date.  Completed nomination forms containing the signatures of at least five sitting judges shall be filed with the Executive Officer of the ...Superior Court no later than 10 court days after the forms are distributed.  Each judge nominating a candidate need not sign the same nomination form, so long as at least five sitting judges sign nomination papers for a single candidate.  No judge may nominate more than one individual.

If there are less than three candidates on the ballot and no candidate receives a majority vote of the sitting judges, the nomination process will be re-opened for a period of 5 court days following the election date.  If there ar...e three or more candidates on the ballot and no candidate receives a majority vote of the sitting judges, the two who receive the largest number of votes will be the candidates and there will not be a second nomination process. Within one week after the close of the second nomination period, the Executive Officer shall distribute ballots to all sitting judges containing the names of all the individuals who received the minimum number of nominations required and who have agreed to serve as Presiding Judge, if elected.  Completed ballots must be returned to the Executive Officer no later than 4:00 p.m. 10 court days thereafter.

The Assistant Presiding Judge shall have responsibility for such duties as are delegated to them by the Presiding Judge.  If for any cause the Presiding Judge is unable to fulfill the duties of the office or to complete the term o...f office, the Assistant Presiding Judge shall assume all the duties and responsibilities of the Presiding Judge during the remainder of his/her term of office.  

Pursuant to California Rule of Court 10.605, there shall be an Executive Committee to advise the Presiding Judge in the exercise of their duties as prescribed in California Rule of Court 10.603.  

The chairperson of the Commissioner Advisory Committee shall be a non-voting member of the Executive Committee.

The following rules shall apply:

1.	The Executive Committee shall meet at least monthly, unless for good cause canceled.  Such meetings shall be open to all sitting judges.

2.	The Presiding Judge shall serve as the Chairpers...on of the Executive Committee.  In the absence of the Presiding Judge, the Assistant Presiding Judge shall serve as Chairperson.

3.	Within five (5) court days after each meeting of the Executive Committee, the Chairperson shall cause the minutes of the meeting to be published to all judges and commissioners.

4.	A quorum of the Executive Committee shall be a majority of its voting members, including the Presiding Judge who may vote in all cases.

5.	There shall be no absentee or proxy voting at Executive Committee meetings.

(Added 10-17-98, effective 1-1-99; amended 9-29-01, effective 1-1-02; amended 4-30-04, effective 7-1-04; amended 4-17-09; effective 7-1-09; Moved from Title 9 and renumbered from Rule 9.2500, 8-1-11, effective 1-1-12; amended 10-19-12, effective 1-1-13; amended 5-7-21, effective 7-1-21)

The areas in which the judges as a whole retain authority and responsibility for court governance include:

1.	Election of the Presiding Judge;
2.	Selection of the Assistant Presiding Judge as provided for in Rule 10010;
3.	Se...lection/removal of the Court Executive Officer (CEO);
4.	Selection of Subordinate Judicial Officers (SJO’s);
5.	Items referred by the Presiding Judge to the judges as a whole for action or advice;
6.	Establishment of the long-range vision for the future of the Court by adoption of the Court’s Strategic Plan; and
7.	Matters for which the judges as a whole wish to reconsider action taken by the Executive Committee based on the processes described in Local Rule 10025(B). 

Meetings of all the judges shall be held twice each year, which shall be designated as the "spring and autumn Countywide meetings". 

A quorum shall consist of a majority of the sitting judges.

Within five (5) working days after each meeting, the Presiding Judge shall cause the Minutes to be published to all judges.

(Added 10-17-98, effective 1-1-99; Moved from Title 9 and renumbered from Rule 9.3000, 8-1-11, effectiv...e 1-1-12)

Media Inquiries Regarding Coverage of Courtroom Proceedings
Media coverage of court proceedings is governed by California Rules of Court, Rule 1.150.  

Media Inquiries Regarding General Information
All media inquiries as to general information, policies or other matters shall be referred to the Public Information Office.  The Public Information Office will coordinate responses t...o the media with the Presiding Judge, Court Executive Officer, or applicable designees as appropriate.   

(Adopted 10-21-05, effective 1-1-06; Moved from Title 9 and renumbered from Rule 9.5000, 8-1-11, effective 1-1-12; amended 4-24-15, effective 7-1-15)

Unless an in-person appearance is expressly ordered by the court or otherwise required by law, attorneys and self-represented parties are encouraged to appear at non-evidentiary hearings via remote technology rather than in person.... By doing so, those persons will be deemed to have requested a remote appearance. No written request to appear remotely is necessary.

Persons intending to appear remotely shall notify all opposing parties of their intention before the hearing.  That notice may be given informally, including by telephone, email, or text message. No advance notice to the court of the intention to appear remotely is required prior to the date of the hearing.

If for any reason the court denies the request to allow a remote appearance, the hearing shall be continued to a date at which the parties will be ordered to appear in person.

This rule applies to all general civil cases as defined in California Rules of Court, rule 1.6(4), and to all non-evidentiary hearings in those cases.  Non-evidentiary hearings are those in which oral testimony will not be received, such as (a) hearings on motions, demurrers, and ex parte applications; (b) case management proceedings such as case management conferences, status conferences, trial setting conferences, and trial readiness conferences; and (c) hearings in response to orders to show cause other than those for contempt. 

This rule shall be in effect until July 1, 2023.  Local Rules 3131 and 3321 are suspended until that date.

(Adopted 1-10-22, effective 1-12-22)

Except in cases for unlawful detainer, all law and motion appearances in unlimited and limited civil cases shall be telephonic unless (1) the Court orders a particular hearing to be conducted in person, or (2) a party timely notif...ies the Court and all other parties of the party's intent to appear in person. Moving party must complete and serve the court's mandatory local form RI-CI039 - Notice of Telephonic Appearance Attachment (Civil Law and Motion) and shall note service of the form on the proof of service of the moving papers and any notice of continuance.

In order to appear in person, at least one party must file and serve the court's mandatory local form RI-CI038 - Notice of Intent to Appear in Person (Civil) - no later than 10 days before the hearing.  If one party files a Notice to Appear in Person, then all other parties are permitted to appear in person without further notification. 

(Adopted 11-5-21, effective 1-1-22; temporarily suspended 1-10-22, effective 1-12-22) 

This rule only applies to non-evidentiary hearings. Non-evidentiary hearings are those in which oral testimony will not be received, such as petitions with no filed or oral objections and no deficiencies or questions in the probat...e notes. Evidentiary hearings, for which remote appearances are not permitted, include those for an Elder Abuse Restraining Order, Temporary Conservatorship, Temporary Guardianship, Report of Sale, or appearances required by Probate Code 1825, 1851.5, 1860.5, 1863, 1893, 2250.4, or 3141.

Unless an in-person appearance is expressly ordered by the court or otherwise required by law, attorneys and self-represented parties are encouraged to appear at hearings via remote technology rather than in person. By doing so, those persons will be deemed to have requested a remote appearance. No written request to appear remotely is necessary.

Persons intending to appear remotely shall notify all opposing parties of their intention before the hearing. That notice may be given informally, including by telephone, email, or text message. No advance notice to the court of the intention to appear remotely is required prior to the date of the hearing.

If for any reason the court denies the request to allow a remote appearance, the hearing shall be continued to a date at which the parties will be ordered to appear in person.

This rule shall be in effect until July 1, 2023.
(Adopted 3-16-22, effective 3-21-22)