Yolo — Yolo Superior Court Local Rules Effective 01-01-2023

Source: https://www.yolo.courts.ca.gov/sites/default/files/yolo/default/2026-04/Yolo%20Superior%20Court%20Local%20Rules%20Effective%2001-01-2023.pdf

Yolo Superior Court

Local Rules of

Superior Court of California

County of Yolo

Effective January 1, 2007; As amended, eff. 01/01/08; As

amended, eff. 01/01/09; As amended, eff. 01/01/10; As amended, eff 07/01/10; As amended, eff. 01/01/11; As amended, eff. 01/01/12; As amended, eff. 01/01/13; As amended, eff. 01/01/15; As amended, eff. 01/01/19; As amended, eff. 01/01/21; As amended, eff. 01/01/22; As amended, eff. 03/02/22; As amended, eff. 01/01/23

The following rules of court for the Superior Court of Yolo County are adopted January 1, 2023 and replace the rules previously adopted by the Superior Court of Yolo County.

Yolo Superior Court

In addition to these local rules, Yolo Superior Court enforces all applicable state statutes and the California Rules of Court. Counsel and self-represented litigants are responsible for knowing and complying with applicable state statutes and the California Rules of Court. In general, the local rules do not contain rules that are duplicative of state statutes or the California Rules of Court.

Yolo Superior Court

List of Current Effective Dates

Chapter 1 Effective Date Revised Date

Rule 1. General Rules 1.1 Name, Citation and Effective Dates 01/01/2007 1.2 Construction 01/01/2007 1.3 Severability of Rules 01/01/2007 1.4 Sanctions for Violation of Local Rules 01/01/2007

Rule 2. Location and Organization 2.1 Court Location 01/01/2007 01/01/2010 2.2 Filings and Mail Filings 01/01/2007 01/01/2010 2.3 Court Documents and Files 01/01/2008 01/01/2022 2.4 Remote Appearances 01/01/2022 03/02/2022; 01/01/2023

Rule 3. Appellate Division 3.1 Assignment 01/01/2007 01/01/2022 3.2 Appellate Record 01/01/2011 01/01/2022

Rule 4. Court Security and Conduct 4.1 Security 01/01/2007 4.2 Weapons 01/01/2007 01/01/2009 4.3 Dress Policy 01/01/2007 4.4 Restricted Areas 01/01/2007 4.5 Recording Equipment Prohibited 01/01/2007 01/01/2008; 01/01/2011; 01/01/2015; 01/01/2022 4.6 Use of Laptop Computers and Electronic 01/01/2008 01/01/2010 Devices 4.7 Bias Informal Complaint Policy 01/01/2021

Rule 5. Ex Parte Hearings 5.1 Ex Parte Hearings 01/01/2007 01/01/2008; 01/01/2022

Rule 6. Court Reporter 6.1 Court Reporter Services 01/01/2007 01/01/2010; 01/01/2022 6.2 Court Reporter Requests for Civil, Family & 01/01/2007 01/01/2009; Probate 01/01/2010; 01/01/2022

Rule 7. Electronic Filing and Service 7.1 Authority and Compliance 01/01/2021 01/01/2022 7.2 Mandatory Electronic Filing and Service 01/01/2021 01/01/2022 7.3 Permissive Electronic Filing and Service 01/01/2021 01/01/2022 7.4 Electronic Filing Requirements 01/01/2021 01/01/2022 7.5 Electronic Filing Acceptance Deadline 01/01/2021 01/01/2022 7.6 Electronic Filing Fee Waiver 01/01/2021 01/01/2022 7.7 Confidential Documents 01/01/2021 01/01/2022 7.8 Documents Not Filed Electronically 01/01/2021 01/01/2022 7.9 Exhibits 01/01/2021 01/01/2022

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Rule 11. General Civil 11.1 Calendared Matters 01/01/2021 11.2 Tentative Rulings 01/01/2007 01/01/2010; 01/01/2011; 01/01/2021 11.3 Attorney Fees 01/01/2007 01/01/2021 11.4 Self-Addressed Stamped Envelopes 01/01/2007 01/01/2021

Rule 12. Case Management 12.1 Purpose and Goal 01/01/2007 01/01/2021 12.2 Notice of Case Management 01/01/2021

Rule 13. Civil Trials 13.1 Trials 01/01/2007 01/01/2021 13.2 Trial Statement and Motions in Limine 01/01/2007 01/01/2010; 01/01/2021 13.3 Marking Exhibits 01/01/2007 01/01/2021 13.4 Original Depositions 01/01/2007 01/01/2021 Chapter 3

Rule 16. General Criminal 16.1 Criminal Complaints-Time for Filing 01/01/2007 01/01/2008; 01/01/2009 16.2 Arraignment 01/01/2007 01/01/2010; 01/01/2023 16.3 Calendaring Requests 01/01/2007 01/01/2010; 01/01/2023 16.4 Appearances 01/01/2007 01/01/2010; 01/01/2023 16.5 Plea Forms 01/01/2007 01/01/2023 16.6 Violation of Probation Declarations and 01/01/2007 01/01/2009; Hearings 01/01/2023 16.7 Responsibilities of Relieved Counsel of Record 01/01/2007 01/01/2023 16.8 Pre-Trial Conferences in Misdemeanors 01/01/2007 01/01/2013; 01/01/2023 16.9 Purpose of Trial Readiness Conferences 01/01/2007 01/01/2010; 01/01/2013; 01/01/2015; 01/01/2023 16.10 Real Property Bonds 01/01/2009 01/01/2023 Chapter 4

Rule 17. General Family Law 17.1 Law and Motion 01/01/2007 01/01/2009; 01/01/2010; 01/01/2011; 01/01/2015; 01/01/2022 17.2 Bench Trial Continuance 01/01/2015 01/01/2022 17.3 Court Ordered Child Custody Evaluations 01/01/2022 17.4 Complaint Process 01/01/2022

Rule 18. Child Custody and Child/Spousal Support

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18.1 Disputes re: Custody 01/01/2007 01/01/2011; 01/01/2015; 01/01/2019; 01/01/2022 18.2 Guidelines for Temporary Child/Spousal 01/01/2007 01/01/2011; Support 01/01/2015

Rule 19. Settlement and Trial of Family Law Matters 19.1 Mandatory Settlement Conferences 01/01/2007 01/01/2011; 01/01/2015; 01/01/2022 19.2 Good Faith Attempt at Informal Resolution 01/01/2007 01/01/2015; 01/01/2022 Chapter 5

Rule 21. General Juvenile 21.1 Filing of Papers 01/01/2007 01/01/2008; 01/01/2015; 01/01/2022 21.2 Ex Parte Requests for Orders Other Than for 01/01/2007 01/01/2022 Psychotropic Medications or Medical Care 21.3 Complaint Process 01/01/2022 21.4 CASA Reports 01/01/2012 01/01/2022 Chapter 6

Rule 25. General Probate - Deleted Chapter 7

Rule 26. Guardianship of the Person of a Minor 26.1 Petition for Appointment: Notice and Hearing 01/01/2007 26.2 Pending Adoption 01/01/2007 26.3 Indian Child Welfare Act (ICWA) 01/01/2007 26.4 Guardianship Hearing 01/01/2007 26.5 Probate Investigator or Social Services 01/01/2007 01/01/2010; 01/01/2011 26.6 Temporary Guardianship 01/01/2007 26.7 Appointment of Successor Guardian 01/01/2007 26.8 Appointment of Legal Counsel for the Minor 01/01/2007

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Table of Contents

CHAPTER 1 – ORGANIZATION AND ADMINISTRATION

Rule 1 General Rules
1.1 Name, Citation and Effective Date . . . . . . . . . . . . . . . . . . . . 2
1.2 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.3 Severability of Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.4 Sanctions for Violation of Local Rules . . . . . . . . . . . . . . . . 2

Rule 2 Location and Organization
2.1 Court Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.2 Filings and Mailed Filings . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.3 Court Documents and Files . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.4 Remote Appearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Rule 3 Appellate Division
3.1 Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.2 Appellate Record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Rule 4 Court Security and Conduct
4.1 Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.2 Weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.3 Dress Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.4 Restricted Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.5 Recording Equipment Prohibited . . . . . . . . . . . . . . . . . . . . 6
4.6 Use of Laptop Computers and Electronic Devices . . . . . . . 6
4.7 Bias Informal Complaint Policy . . . . . . . . . . . . . . . . . . . . . 6

Rule 5 Ex Parte Hearings
5.1 Ex Parte Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Rule 6 Court Reporter
6.1 Court Reporter Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6.2 Court Reporter Requests for Civil, Family & Probate . . . . . 10

Rule 7 Electronic Filing and Service 7.1 Authority and Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7.2 Mandatory Electronic Filing and Service . . . . . . . . . . . . . . 11 7.3 Permissive Electronic Filing and Service . . . . . . . . . . . . . . 12 7.4 Electronic Filing Requirements . . . . . . . . . . . . . . . . . . . . . . 12 7.5 Electronic Filing Acceptance Deadline . . . . . . . . . . . . . . . . 12 7.6 Electronic Filing Fee Waiver . . . . . . . . . . . . . . . . . . . . . . . . 12 7.7 Confidential Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7.8 Documents Not Filed Electronically . . . . . . . . . . . . . . . . . . 12 7.9 Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

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CHAPTER 2 – CIVIL RULES

Rule 11 General Civil
11.1 Calendared Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11.2 Tentative Rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11.3 Attorney Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11.4 Self-Addressed Stamped Envelopes . . . . . . . . . . . . . . . . . . 16

Rule 12 Case Management
12.1 Purpose and Goal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12.2 Notice of Case Management Conference . . . . . . . . . . . . . . . 17

Rule 13 Civil Trials
13.1 Trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13.2 Trial Statement and Motions in Limine . . . . . . . . . . . . . . . . 18
13.3 Marking Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13.4 Original Depositions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

CHAPTER 3 – CRIMINAL RULES

Rule 16 General Criminal
16.1 Criminal Complaints-Time for Filing . . . . . . . . . . . . . . . . . 20
16.2 Arraignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16.3 Calendaring Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16.4 Appearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16.5 Plea Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16.6 Violation of Probation Declarations and Hearings . . . . . . . . 21
16.7 Responsibilities of Relieved Counsel of Record . . . . . . . . . 21
16.8 Pre-Trial Conferences in Misdemeanors . . . . . . . . . . . . . . . 21
16.9 Purpose of Trial Readiness Conferences . . . . . . . . . . . . . . 21
16.10 Real Property Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

CHAPTER 4 – FAMILY LAW RULES

Rule 17 General Family Law
17.1 Law and Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
17.2 Bench Trial Continuance . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
17.3 Court Ordered Child Custody Evaluations . . . . . . . . . . . . . . 24
17.4 Complaint Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Rule 18 Child Custody and Child/Spousal Support
18.1 Disputes re: Custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
18.2 Guidelines for Temporary Child/Spousal Support . . . . . . . . 26

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Rule 19 Settlement and Trial of Family Law Matters
19.1 Mandatory Settlement Conferences . . . . . . . . . . . . . . . . . . . 28
19.2 Good Faith Attempt at Informal Resolution . . . . . . . . . . . . . 28

CHAPTER 5 – JUVENILE RULES

Rule 21 General Juvenile
21.1 Filing of Papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
21.2 Ex Parte Requests for Orders Other Than for
Psychotropic Medications or Medical Care . . . . . . . . . . . . . 31
21.3 Complaint Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
24.4 CASA Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

CHAPTER 6 – PROBATE RULES

Rule 25 General Probate - Deleted

CHAPTER 7 – GUARDIANSHIP RULES

Rule 26 Guardianships of the Person of a Minor
26.1 Petition for Appointment: Notice and Hearing . . . . . . . . . . . 37
26.2 Pending Adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
26.3 Indian Child Welfare Act (ICWA) . . . . . . . . . . . . . . . . . . . . 37
26.4 Guardianship Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
26.5 Probate Investigator or Social Services . . . . . . . . . . . . . . . . 38
26.6 Temporary Guardianships . . . . . . . . . . . . . . . . . . . . . . . . . . 38
26.7 Appointment of Successor Guardian . . . . . . . . . . . . . . . . . . 39
26.8 Appointment of Legal Counsel for the Minor . . . . . . . . . . . 39

Appendix 1 Listing of Local Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

INDEX BY SUBJECT MATTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

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Chapter 1

ORGANIZATION AND ADMINISTRATION

Page

Rule 1 General Rules 2

Rule 2 Location and Organization 3

Rule 3 Appellate Division 4

Rule 4 Court Security and Conduct 5

Rule 5 Ex Parte Hearings 9

Rule 6 Court Reporters 10

Rule 7 Electronic Filing and Service 11

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RULE 1: GENERAL RULES

1.1 NAME, CITATION AND EFFECTIVE DATE

These rules shall be known as the Local Rules of the Superior Court of California, County of Yolo, referred to herein as Yolo Superior Court. The rules may be cited as YCR, followed by the appropriate number. These rules become effective on January 1, 2007, and supersede all other local rules previously adopted by the Yolo Superior Court. (Effective January 1, 2007)

1.2 CONSTRUCTION

These rules shall be construed and applied in such a manner as to avoid conflict with the California Rules of Court and shall be liberally construed to serve the efficient administration of justice in Yolo Superior Court.

The California Rules of Court are not printed as part of the Yolo Superior Court Rules but are incorporated within them. Proceedings in the Yolo Superior Court are governed by the California Rules of Court as supplemented by these rules and shall be read in conjunction with them. (Effective January 1, 2007)

1.3 SEVERABILITY OF RULES

If any of these rule’s conflict with any statute, rule or decision, the rule(s) shall be deemed amended by said statute, rule or decision, and the remaining rules shall remain in force and effect. (Effective January 1, 2007)

1.4 SANCTIONS FOR VIOLATION OF LOCAL RULES

If a party or an attorney fails, refuses, or neglects to comply with these rules, the California Rules of Court, or any other rules or statutory requirements, the Court may, after notice and an opportunity to be heard, impose sanctions as authorized by law. (Effective January 1, 2007)

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RULE 2: LOCATION AND ORGANIZATION

2.1 COURT LOCATION

The Yolo Superior Court is located in the City of Woodland. For exact locations and phone directory see the court’s website at www.yolo.courts.ca.gov. (Effective January 1, 2007; As amended, eff. 01/01/10)

2.2 FILINGS AND MAILED FILINGS

All documents, for whatever department, shall be filed with the appropriate clerk. For exact locations and phone directory see the court’s website at www.yolo.courts.ca.gov . (Effective January 1, 2007; As amended, eff 01/01/08; As amended, eff 01/01/10)

2.3 COURT DOCUMENTS AND FILES

All documents in court files are public record, with the exception of those items deemed confidential by statute, regulation, court rule, court order or other law. (Effective January 1, 2008; Renumbered eff. 01/01/15; As amended, eff. 01/01/22)

2.4 REMOTE APPEARANCES

(a) To promote access to justice, the Court authorizes remote appearance, as set forth
in this rule. Nothing in this rule prohibits in-person appearance.

(b) Criminal: Remote appearance is authorized as defined in Penal Code Section
977.

(c) Civil: Remote appearance is authorized but not mandated for all civil
proceedings, subject to judicial authority to require in-person appearance in
accordance with law. This subdivision applies to civil cases, as defined in Rule
3.672(c)(1) of the California Rules of Court and includes petitions for domestic
and gun violence restraining orders.

i. For non-evidentiary hearings, notice of intent to appear remotely may be
provided orally at the start of the hearing, and may cover the duration of
the case. For juvenile dependency cases notice of intent to appear
remotely is not required pursuant to Rule 3.672(i)(3)(A) of the California
Rules of Court.

ii. Evidentiary hearings and bench trials will be held remotely, unless
otherwise ordered by the Court. Any opposition to a remote appearance
for an evidentiary or bench trial shall be made in accordance with Rule
3.672(h)(3)(A), of the California Rules of Court.

(d) Information on remote appearance is located on the Court’s website at
www.yolo.courts.ca.gov. (Effective January 1, 2022; as amended, eff. 03/02/22; as amended, eff. 01/01/23)

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RULE 3: APPELLATE DIVISION

3.1 ASSIGNMENT

Four judges of the Superior Court are assigned as judges of the Appellate Division. The Presiding Judge of the Superior Court will recommend to the Chief Justice of the California Supreme Court the four judges and one designated as the Presiding Judge of the Appellate Division. (Effective January 1, 2007; As amended, eff. 01/01/22)

3.2 APPELLATE RECORD

Unless the trial court orders otherwise, in accordance with Rule 8.914(a) of the California Rules of Court, the Appellate Division hereby elects to use the original trial court file in lieu of a clerk’s transcript. (Effective January 1, 2011; Renumbered, eff. 01/01/22)

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RULE 4: COURT SECURITY AND CONDUCT

4.1 SECURITY

Security in all courtrooms of the Yolo Superior Court shall be maintained by the Sheriff of the County of Yolo. (Effective January 1, 2007)

4.2 WEAPONS IN COURT FACILITIES COMPLIANCE WITH PENAL CODE SECTION 171(B)

(a) All persons are required to comply with Penal Code Section 171(b). No person shall bring or possess any weapon as defined in Penal Code Section 171(b) into a court facility. Exceptions are: 1. Weapons possessed or in transport to be used as evidence in a court of law with picture identification and appropriate proof. Weapons that can be locked must have locks on them. 2. Weapons possessed by Peace Officers carrying out official duties who are uniformed or non-uniformed.

(b) Peace Officers who are not parties to any court proceeding and who wish to bring weapons into any courtroom shall identify themselves to the Courtroom Bailiff and obtain permission from the bailiff to bring the weapon into the Courtroom.

(c) No person (including Peace Officers) shall carry a weapon into any Court facility when appearing in Court in which they are a party to the case.(Effective January 1, 2007; as amended, eff 01-01-09)

4.3 DRESS POLICY

All persons who appear in any courtroom shall dress appropriately. The bailiff on duty, under the supervision of the Judge presiding in that courtroom, has the authority to enforce this rule and exclude persons with inappropriate attire from entering the courtroom. The following shall not be worn in court: sunglasses, hats, shorts, tank tops, or any other attire inconsistent with the traditional dignity of the court. (Effective January 1, 2007)

4.4 RESTRICTED AREAS

(a) The workstations for courtroom clerks and all judges’ benches and chambers are reserved for the exclusive use of the court staff. Everyone else is prohibited from entrance into these areas unless directed to enter by court personnel. (Effective January 1, 2007)

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(b) Court staff shall be responsible for enforcing these rules by requesting anyone other than court personnel to leave any restricted area. Bailiffs may remove individuals who violate this directive and report violations to the Presiding Judge. (Effective January 1, 2007)

4.5 RECORDING EQUIPMENT PROHIBITED

(a) Prohibited Activities. Photographing, videotaping, televising, or otherwise
recording any court proceeding is prohibited unless a written request has been
filed and approved by the Judge presiding at the proceeding prior to the
commencement of the proceeding. No one may use a camera, camera-phone or
electronic devise with camera to transmit, record, or take pictures in any portion
of the courthouse except as permitted by these rules and Rule 1.150 of the
California Rules of Court.

(b) Members of the Media. Members of the media shall meet with the Court
Executive Officer, or his or her designee, prior to operating media equipment in
common areas of the courthouse.

(c) Prohibition Against Visual Displays, Banners, Flags, Photographs. No
person present at a court proceeding may display any buttons, flags, signs, images
or otherwise that might prejudice the court or jury or undermine the security or
decorum of the proceeding. The bailiff on duty, under the supervision of the
Judge, shall have the authority to enforce these rules. (Effective January 1, 2007; As amended,
eff 01/01/08; As amended, eff 01/01/11; As amended, eff 01/01/15; As amended, eff 01/01/22)

4.6 USE OF LAPTOP COMPUTERS AND ELECTRONIC DEVICES

All computers and electronic devices, including but not limited to cell phones, pagers, and personal digital assistants shall be turned off before entering the courtroom. If a laptop computer or electronic device is necessary for a matter at issue, it may be used only if expressly authorized by the sitting judge at the hearing. An electronic device shall not be handled in any way as to indicate a picture, audio or video recording is being taken. Enforcement is in the sole discretion of the sitting judge. Violators are subject to contempt of court and/or confiscation of the computer or device. (Effective January 1, 2008; As amended, eff. 01/01/10)

4.7 BIAS INFORMAL COMPLAINT POLICY

(a) General. To preserve the integrity and impartiality of the judicial system, the Court shall: 1. Ensure fairness. Ensure that courtroom proceedings are conducted in a manner that is fair and impartial to all of the participants. 2. Refrain from and prohibit biased conduct. In all courtroom proceedings, refrain from engaging in conduct and prohibit others from engaging in conduct that exhibits bias based on race, religion, ethnicity, national origin, socioeconomic status, disability, age, gender, or sexual orientation,

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including whether that bias is directed toward counsel, court personnel,
witnesses, parties, jurors, or any other participants.
3. Ensure unbiased decisions. Ensure that all orders, rulings, and decisions
are based on the sound exercise of judicial discretion and the balancing of
competing rights and interests and are not influenced by stereotypes or
biases.

(b) Notice of Concern Process. If an individual has a concern about compliance
with the mandates set forth above in subsection (a) by the Court or by any
courtroom participant, then:

1. The individual may submit a written Notice of Concern to the Presiding
Judge or Court Executive Officer, which identifies all courtroom
participants and the specific behavior or conduct occurring in the
courtroom of concern;
2. The intent of the Notice of Concern procedure is to educate all parties with
the purpose of ameliorating the concern rather than disciplining the person
who is the subject of the notice;
3. To the extent possible and unless disclosure is required by law, the Court
shall protect the confidentiality of the noticing party, the person who is the
subject of the notice, and other interested persons;
4. The focus of this Local Rule is on incidents of concern:
i. Bias based on race, religion, ethnicity, national origin,
socioeconomic status, disability, age, gender, or sexual orientation;
ii. Whether that bias is directed toward counsel, court personnel,
witnesses, parties, jurors, or any other participants; and
iii. Where the incident does not warrant discipline but requires
education and correction.
5. Courtroom activities constituting legitimate advocacy when matters
race, religion, ethnicity, national origin, socioeconomic status, disability,
age, gender, or sexual orientation which are relevant to issues in the
courtroom proceeding are exempt from this Notice of Concern
procedure.

(c) Formal Complaint Process
1. With respect to any incident that if substantiated would warrant
discipline against a judge, the concerned individual may file a formal
complaint with the Commission on Judicial Performance;
2. Nothing in this procedure in any way shall limit the ability of any
person to submit a formal complaint of misconduct regarding any
courtroom participant to the Commission on Judicial Performance or
the appropriate disciplinary body.
3. A formal complaint about a courtroom participant should be sent as
follows:
i. A Superior Court Judge
TO: The Commission on Judicial Performance (CJP)
455 Golden Gate Avenue, Suite 14400

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San Francisco, California 94102 Website: https://cjp.ca.gov/file_a_complaint/ ii. A Superior Court Commissioner TO: Presiding Judge Yolo Superior Court 1000 Main Street Woodland, California 95695

iii. A Member of Court Staff or Court Contractor

TO: Court Executive Officer Yolo Superior Court 1000 Main Street Woodland, California 95695

iv. An Attorney

TO: State Bar of California 100 Howard Street San Francisco, California 94105 Website: www.calbar.ca.gov/Public/Complaints-Claims

v. A Courtroom Bailiff

TO: Yolo County Sheriff’s Office 140 Tony Diaz Drive Woodland, California 95776

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RULE 5: EX PARTE HEARINGS

5.1 EX PARTE HEARINGS

All ex parte matters shall be conducted in strict accordance with Rule 3.1200 et seq. of the California Rules of Court. Any request to set an ex parte application for hearing shall be made to the department for which the case is assigned. Juvenile matters are governed by this Rule and Rule 21.1. (Effective January 1, 2007; As amended, eff. 01/01/08; As amended, eff. 01/01/22)

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RULE 6: COURT REPORTER

6.1 COURT REPORTER SERVICES

The services of official court reporters are normally available for all felony, misdemeanor, and juvenile matters, with the exception of misdemeanor arraignments and traffic matters, regardless of the departments in which they are heard. The services of official court reporters are normally not available for civil, family and probate matters, with the exception of those under the Lanterman- Petris-Short Act (Welf. & Insts. Code, §§ 5000 – 5550), for which the services of official court reporters are normally available regardless of the departments in which they are heard. (Effective January 1, 2007; As amended, eff. 01/01/10; As amended, eff. 01/01/22)

6.2 COURT REPORTER REQUESTS FOR CIVIL, FAMILY AND PROBATE MATTERS

Parties wishing to have a court reporter present must request the services in writing five (5) court days prior to the calendar date. Any court associated fees must be paid in advance. All requests shall be made through the Courtroom Support Division.

If the services of an official court reporter are not available for a hearing or trial, a party may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter. It is the party’s responsibility to pay the reporter’s fee. (Effective January 1, 2007; As amended, eff. 01/01/2009; As amended, eff. 01/01/10)

Chapter 1 – Organization and Administration

Yolo Superior Court

RULE 7: ELECTRONIC FILING AND SERVICE

7.1 AUTHORITY AND COMPLIANCE

This rule governs permissive and mandatory electronic filing and service of documents in the Superior Court of California, County of Yolo as authorized by California Code of Civil Procedure section 1010.6 and Rules 2.250 et. Seq. and 5.552 of the California Rules of Court. Unless this rule provides otherwise, parties filing and serving documents electronically shall comply with all requirements for electronic filing and service set forth in California Code of Civil Procedure section 1010.6 and Rules 2.250 et. Seq. and 5.552 of the California Rules of Court. (Effective January 1, 2021, Renumbered, eff. 01/01/22)

7.2 MANDATORY ELECTRONIC FILING AND SERVICE

All documents filed in civil, probate and family law cases shall be filed and served electronically, except when personal service is required by statute or rule and excluding ex parte applications.

(a) All new civil complaints shall include the Notice of Case Management Conference form. The form can be found on the court’s website at www.yolo.courts.ca.gov. The Court will fill in the date, time and department for the Case Management Conference.

(b) All documents, excluding the initial accusatory pleading, filed in juvenile dependency cases shall be filed and served electronically.

(c) Self-represented parties and non-parties are exempt from the mandatory electronic filing and service requirements but are encouraged to participate.

(d) An attorney representing a party may request to be excused from the mandatory electronic filing and service requirement by showing undue hardship or significant prejudice.

(e) An attorney requesting to be excused shall file with the Clerk of the Court and service on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008). 1. An Attorney who requests an exemption shall be served with documents in paper form until the Court rules on the request. 2. Undue hardship or significant prejudice does not include the inability to pay fees for electronic filing. (f) Self-represented parties, non-parties, and attorneys excused from electronic filing must be served conventionally. (Effective January 1, 2021, Renumbered, eff. 01/01/22)

Chapter 1 – Organization and Administration

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7.3 PERMISSIVE ELECTRONIC FILING AND SERVICE

All documents, excluding the initial accusatory pleading, filed in criminal and juvenile delinquency cases may be filed and served electronically. (Effective January 1, 2021, Renumbered, eff. 01/01/22)

7.4 ELECTRONIC FILING REQUIREMENTS

All documents electronically filed, whether mandatory, permissive, by Court order, or by stipulation of parties, must be electronically filed using one of the Court’s approved electronic filing service providers, and must comply with the Court’s electronic filing requirements. All requirements and a list of service providers are available on the Court’s website at www.yolo.courts.ca.gov. (Effective January 1, 2021, Renumbered, eff. 01/01/22)

7.5 ELECTRONIC FILING ACCEPTANCE DEADLINE

Electronically filed documents filed prior to midnight on a Court day will be deemed filed as of that day. For purposes of this Rule, filing occurs at the time the document is received by the Court and a confirmation of the receipt is created. Any electronically filed document received by the Court from 11:59PM to 7:59AM, or filed on a non-court day, will be deemed filed on the first Court day after it is received. (Effective January 1, 2021, Renumbered, eff. 01/01/22)

7.6 ELECTRONIC FILING FEE WAIVER

A party who has received a fee waiver is not required to pay any fee for electronic filing and service. A party who has not already received a fee waiver may request a waiver of the fees for electronic filing and service by filing with the Court an Application for Waiver of Court Fees and Costs (Judicial Council Forms FW-001 and FW-002). (Effective January 1, 2021, Renumbered, eff. 01/01/22)

7.7 CONFIDENTIAL DOCUMENTS

Unless the electronically filed document is a confidential document pursuant to law and/or will be filed under seal, to protect personal privacy, counsel and parties must refrain from including, or must redact where inclusion is necessary, the personal data identifiers from all documents, including exhibits, filed with the Court under this Rule, such as social security numbers and financial account numbers. See Rule 1.201 of the California Rules of Court. (Effective January 1, 2021, Renumbered, eff. 01/01/22)

7.8 DOCUMENTS NOT FILED ELECTRONICALLY

(a) The following documents shall not be filed electronically: • Subpoenaed documents • Labor Commissioner deposit of cash or check

Chapter 1 – Organization and Administration

Yolo Superior Court

• Bonds
• Undertakings
• Deposits of cash, check or credit cards
• Wills/Codicils
• Sealed documents
• Financial institutes documents, care facility documents, or
escrow documents as defined under Probate Code section
2620
• California State vital records forms
• Notice of Appeal (subsequent filings maybe be filed
electronically)

(b) A party may be excused from filing any particular document or exhibit
electronically if it is not available in electronic format and it is not feasible
for the party to convert the document or exhibit to electronic format, or it may
not be comprehensively viewed in an electronic format, including but not
limited to exhibits that are real objects. Such a document or exhibit may be
manually filed with the Clerk of the Court and served upon the parties by
conventional non-electronic means. A party manually filing such a document
or exhibit shall file electronically and serve a Notice of Manual Filing
specifically describing the document or exhibit and setting forth the reason
the document or exhibit cannot be filed electronically. (Effective January 1, 2021;
Renumbered, eff. 01/01/22)

7.9 EXHIBITS

(a) Exhibit attachments to pleadings filed electronically shall be separated by a single page with a title identifying the sequence of the exhibit.

(b) Proposed trial exhibits shall not be filed electronically but shall be lodged in paper format with the trial department once assigned unless otherwise instructed by the Court. (Effective January 1, 2021; Renumbered, eff. 01/01/22)

Chapter 1 – Organization and Administration

Yolo Superior Court

Chapter 2

CIVIL RULES

Page

Rule 11 General Civil 15

Rule 12 Case Management 17

Rule 13 Civil Trials 18

Chapter 2 – Civil Rules

Yolo Superior Court

RULE 11: GENERAL CIVIL

11.1 CALENDARED MATTERS

(a) Law and Motion Continuances. Upon stipulation by all parties, or upon request of the moving party with appropriate notice, law and motion matters may be continued once by the clerk at least five (5) court days prior to the matter being heard. Any party seeking a continuance that is not received timely shall appear in court at the time set for hearing and request such from the judge to whom the matter has been assigned.

(b) Law and Motion Withdrawals. When a matter is to be withdrawn from the law and motion calendar, the moving party shall promptly notify the clerk’s office, but in no event shall notice be later than two (2) court days before the hearing.

(c) Short Cause Continuances. Upon stipulation, or request of the moving party with notice to any previously noticed party and an order signed by the judge, any short cause matter as defined in Rule 3.735(a) of the California Rules of Court may be continued once any time prior to three (3) court days before the hearing. A request for continuance made three (3) court days or less before the hearing date shall be made upon ex parte motion before the presiding judge. (Effective January 1, 2021)

11.2 TENTATIVE RULINGS

(a) Yolo Superior Court follows Rule 3.1308(a)(1) of the California Rules of Court for tentative rulings. Tentative rulings for the next court day will be available by phone at (530)406-6806 and on the Court’s web site after 3:00 p.m. The tentative ruling shall become the ruling of the court, unless a party desiring to be heard so advises the courtroom clerk of the designated department no later than 4:00 p.m. on the court day preceding the hearing, and further advises the courtroom clerk that such party has notified the other side of its intention to appear.

(b) All noticed motions and demurrers in the civil department shall include the following information in the notice:

“Pursuant to Local Rule 11.2, the court will issue a tentative ruling on the merits of the matter by 3:00 p.m. on the court day before the hearing. The tentative rulings are available by phone at (530)406-6806 and on the Court’s web site after 3:00 p.m. The tentative ruling shall become the ruling of the court, unless a party desiring to be heard so advises the courtroom clerk of the designated department no later than 4:00 p.m. on the court day preceding the hearing, and further advises the courtroom clerk that such party has notified the other party(s) of its intention to appear.” (Effective January 1, 2007; As amended, eff 01/01/2010; As amended, eff 01/01/2011; As amended, eff 01/01/2021)

Chapter 2 – Civil Rules

Yolo Superior Court

11.3 ATTORNEY FEES

Pursuant to Rule 3.1800(b) of the California Rules of Court, attorney fees may be
awarded in the case of a default judgment as follows:

Exclusive of costs and interest,
▪ Twenty-five percent (25%) of the first two thousand dollars
($2,000 awarded as damages with a minimum fee of three
hundred fifty dollars ($350);
▪ Twenty percent (20%) of the next four thousand dollars
($4,000);
▪ Fifteen percent (15%) of the next four thousand dollars
($4,000);
▪ Ten percent (10%) of the next ten thousand dollars ($10,000);
▪ Five percent (5%) of the next thirty thousand dollars ($30,000);
and
▪ Two percent (2%) of amounts in excess of the first fifty
thousand dollars ($50,000), on the next one hundred thousand
dollars ($100,000); and
▪ The Court, in its discretion, will fix fees for recoveries in
excess of one hundred fifty thousand dollars ($150,000).
(Effective January 1, 2007; As amended, eff 01/01/2021)

11.4 SELF-ADDRESSED STAMPED ENVELOPES

Anyone submitting documents for filing who desires the return of stamped copies shall provide the clerk with a self-addressed, postage-paid envelope of sufficient size. If no such envelope is provided, the documents will be placed in the attorney’s pick-up box located in the Clerk’s office. Documents placed in the attorney’s box shall be claimed within thirty (30) days or they will be discarded without notice. (Effective January 1, 2007; As amended, eff 01/01/2021)

Chapter 2 – Civil Rules

Yolo Superior Court

RULE 12: CASE MANAGEMENT

12.1 PURPOSE AND GOAL

The purpose and goal of civil case management is to:

(a) Manage fairly and efficiently, from commencement to disposition, the processing of civil litigation;

(b) Fully implement the goals of Government Code Section 68600, et seq. and Rule 3.700, et seq. of the California Rules of Court;

(c) Promote alternative dispute resolution (ADR); and

(d) Conduct case management conferences pursuant to Rule 3.720 et seq. of the California Rules of Court. (Effective January 1, 2021)

12.2 NOTICE OF CASE MANAGEMENT CONFERENCE

(a) A case management conference will be set by the clerk at the time the complaint is filed in approximately 120 days.

(b) If the complaint is a limited collection case, the clerk at the time of filing shall set the case management conference 385 days after the complaint is filed pursuant to Rule 3.712(d) of the California Rules of Court.

(c) If the complaint involves an uninsured motorist claim the case management conference will be continued by the court for a period not to exceed 200 days from the initial filing date.

(d) The plaintiff shall serve the complaint on each defendant together with the (1) the Notice of Case Management Conference; (2) the Alternative Dispute Resolution (ADR) information packet; and (3) such local forms as may be provided by the court clerk. The ADR information packet can be found on the Court’s website at www.yolo.courts.ca.gov or can be obtained from the clerk’s office. (Effective January 1, 2021)

Chapter 2 – Civil Rules

Yolo Superior Court

RULE 13: CIVIL TRIALS

13.1 TRIALS

The conduct of civil trials shall be governed by these Rules except when otherwise governed by statute, the California Rules of Court or by other provisions of the Yolo Superior Court. (Effective January 1, 2007; As amended, eff 01/01/2021)

13.2 TRIAL STATEMENT AND MOTIONS IN LIMINE

Not later than fifteen (15) calendar days before the first day of trial, each party shall file and serve:

(a) A brief trial statement which shall include: 1. A concise statement of the facts supporting the party’s claims or defenses. 2. A statement of admitted or undisputed facts. 3. A statement of issues of law. 4. The names of all witnesses, except impeachment and rebuttal witnesses.

(b) In jury cases, a list of special questions proposed for jury voir dire.

(c) All Motions in Limine. Oppositions shall be filed seven (7) calendar days before the first day of trial.

(d) In jury trial cases, jury instructions, unless the Court advises otherwise. (Effective January 1, 2007; As amended, eff. 01/01/10; As amended, eff. 01/01/21)

13.3 MARKING EXHIBITS

Counsel shall arrange with the courtroom clerk to pre-mark exhibits outside the presence of the judge or jury before the trial begins on the day those exhibits are to be used. Plaintiffs shall use numbers and defendants shall use letters unless ordered differently by the judge. (Effective January 1, 2007; As amended, eff. 01/01/21)

13.4 ORIGINAL DEPOSITIONS

If a deposition is planned to be used at trial, the proponent of this evidence shall lodge the original deposition with the courtroom clerk before the trial begins. (Effective January 1, 2007; As amended, eff. 01/01/2021)

Chapter 2 – Civil Rules

Yolo Superior Court

Chapter 3

CRIMINAL RULES

Page

Rule 16 General Criminal 20

Chapter 3 – Criminal Rules

Yolo Superior Court

RULE 16: GENERAL CRIMINAL

16.1 CRIMINAL COMPLAINTS—TIME OF FILING

(a) All criminal complaints charging in-custody defendants shall be filed with the clerk of the court no later than 10:00 a.m. on the morning of the day the defendant is to appear. Failure to file a complaint pursuant to the time requirements stated shall result in the arraignment being held on the next court day.

(b) All criminal complaints charging defendants not in custody shall be filed no later than four (4) court days prior to the defendant’s appearance. (Effective January 1, 2007; As amended, eff 01/01/08; As amended, eff 01/01/09)

16.2 ARRAIGNMENT

(a) At the arraignment the Master Calendar Judge shall assign cases to a judge and department for all purposes through completion unless the assigned judge is absent, disqualified or otherwise unavailable, necessitating a transfer to another judge and department. (Effective January 1, 2007; As amended, eff 01/01/10; As amended, eff 01/01/23)

16.3 CALENDARING REQUESTS

Requests to place matters on calendar shall be in writing with notice to all parties and must include a factual and legal basis for the request and the remedy sought. Requests must be received by the clerk at least three (3) court days before the hearing date requested. Matters shall not be set by the Clerk fewer than the three (3) court days from the requested hearing date without prior authorization from the Judge presiding over the matter. (Effective January 1, 2007; As amended, eff 01/01/10; As amended and re-numbered, eff 01/01/23)

16.4 APPEARANCES

Unless excused by Penal Code Section 977 all parties whose appearance is required shall appear in the department assigned on the dates and at the times ordered. However, the judge presiding in the department where a matter has been assigned may give relief from this rule for good cause or in the court’s discretion. If counsel and required parties fail to appear without first receiving court permission, the court may impose sanctions. (Effective January 1, 2007; As amended, eff. 01/01/10; Re-numbered, eff 01/01/2023)

16.5 PLEA FORMS

Unless excused by the court, whenever a defendant intends to enter a guilty or no contest plea to a felony or misdemeanor charge, a written plea form shall be completed and submitted to the court. Only the plea forms currently approved by the Judges of the Yolo Superior Court shall be used.

Chapter 3 – Criminal Rules

Yolo Superior Court

It is the duty of all involved counsel to inform the court at the time a plea is

submitted whether any proposed plea in the matter has previously been rejected by another judge, even if submitted under a different caption or case number. (Effective January 1, 2007; Re-numbered, eff 01/01/23)

16.6 VIOLATION OF PROBATION DECLARATIONS AND HEARINGS

(a) Violation of probation declarations shall be submitted for filing at least five (5) court days before the requested hearing date.

(b) A probation violation hearing maybe set before, during or after the trial of any pending criminal charges. A probation violation hearing may also be conducted at the same time as the preliminary examination of pending felony charges, if so ordered by the court. (Effective January 1, 2007; As amended, eff 01/01/09; Re- numbered, eff 01/01/23)

16.7 RESPONSIBILITIES OF RELIEVED COUNSEL OF RECORD

Any counsel retained or appointed on a criminal case who either (1) moves to be relieved, or (2) declines to accept continued representation of a client in the superior court shall appear in court with all discovery and other normal contents of a file and, upon order of the court, convey the same to the successor attorney. In addition, if it appears to counsel that the Yolo County Public Defender is likely to be appointed, counsel shall give five (5) court days notice to the Yolo County Public Defender, in writing, of the date of the court appearance where counsel expects to be relieved or to decline further representation. (Effective January 1, 2007; Re- numbered, eff 01/01/23)

16.8 PRE-TRIAL CONFERENCES IN MISDEMEANORS

(a) Prior to appearing at any pre-trial conference in a misdemeanor case, counsel shall have conferred with one another, and communicated any offer;

(b) Pre-trial conferences may be held in open court or in chambers, at the court's discretion;

(c) Counsel shall be prepared to discuss fully the evidence and issues with the court;

(a) Cases not settled at the pre-trial conference will be set for trial at the earliest available date. (Effective January 1, 2007; as amended, eff. 01/01/13; As amended and re-numbered, eff 01/01/23)

16.9 PURPOSE OF TRIAL READINESS CONFERENCES

The purpose of trial readiness conferences is to consider the negotiated resolution of pending cases and to confirm trials. In the event there are insufficient judges or courtrooms available to try all confirmed cases, a determination regarding the

Chapter 3 – Criminal Rules

Yolo Superior Court

priority of scheduled trials will be made. Prior to the conference counsel shall have completed discovery and investigation. At the trial readiness conference, attorneys shall inform the court of any need for interpreter services and other special accommodations.

Attendance at the criminal trial readiness is mandatory in felony cases for the defendant, counsel for the defendant and a prosecuting attorney with full authority to dispose of the case. The Court may require a defendant charged with a misdemeanor only to attend such a conference upon a finding of good cause based on the circumstances of a particular case. Prior to the conference the attorneys shall discuss the case to determine the possibility of disposition without trial. (Effective January 1, 2007; As amended, eff. 01/01/10; As amended, eff. 01/01/13; As amended, eff. 01/01/2015; As amended and re-numbered, eff 01/01/23)

16.10 REAL PROPERTY BONDS

In order to post a real property bond, the following procedure must be followed:

(a) A notice of hearing pursuant to Penal Code Section 1298 shall be filed. It shall also be served the District Attorney and County Counsel. Compliance with the notice provisions of Rule 4.111 of the California Rules of Court is required.

(b) The notice of hearing shall be accompanied by an application for a real property equity bond, a declaration of the real property owners, an executed promissory note, a deed of trust made payable to “County of Yolo: as beneficiary and “Court Executive Officer” as trustee, and a proposed order approving the property bond and order for release of the defendant.

(c) In addition, the following must be filed with the original notice of hearing: (1) An appraisal report of the fair market value of the property, dated not more than 45 days prior to filing the application for the property bond and completed by a qualified real estate appraiser; (2) A current preliminary title report, prepared by a California title company, that includes a legal description of the property, the address or location of the property, and a listing of all encumbrances, and is dated no more than 30 days prior to the application for the property bond; and, (3) Proof of insurance coverage of the property, sufficient to pay all encumbrances, which insurance must include “County of Yolo” as a loss payee.

(d) An order approving the property bond and order for release of the defendant shall not be signed unless the court finds that the equity in the property is at least twice the value of the amount of bail, and only upon delivery to the court of the recorded deed of trust. (Effective January 1, 2009; Re-numbered, eff 01/01/23)

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Yolo Superior Court

Chapter 4

FAMILY LAW RULES

Page

Rule 17 General Family Law 24

Rule 18 Child Custody and Child/Spousal 26 Support

Rule 19 Settlement and Trial of Family Law 28 Matters

Chapter 4 – Family Law Rules

Yolo Superior Court

RULE 17: GENERAL FAMILY LAW

17.1 LAW AND MOTION

(a) Continuances. Upon stipulation by all parties and order filed at least five (5) court days prior to the hearing, or upon request of the moving party with appropriate notice, law and motion matters may be continued once by the clerk at least five (5) court days prior to the matter being heard. Any party seeking a continuance that is not received timely shall appear in court at the time set for hearing and request such from the judge to whom the matter has been assigned.

(b) Law and Motion Withdrawals. When a matter is to be withdrawn from the law and motion calendar, the moving party shall promptly notify the clerk’s office and the opposing party, but in no event shall notice be later than two (2) court days before the hearing. (Effective January 1, 2007; As amended, eff. 01/01/11; As amended and renumbered, eff. 01/01/2015; As amended, eff. 01/01/22)

17.2 BENCH TRIAL CONTINUANCE

Upon stipulation, or request of the moving party with notice to any previously noticed party and an order signed by the judge, any bench trial may be continued once any time prior to three (3) court days before the hearing. A request for continuance made three (3) court days or less before the hearing date shall be made upon ex part motion before the presiding judge. (Effective January 1, 2007; As amended, eff. 01/01/11; As amended and renumbered, eff. 01/01/2015; As amended, eff. 01/01/22)

17.3 COURT ORDERED CHILD CUSTODY EVALUATIONS

(a) This local rule implements California Rules Court, Rule 5.220.

(b) Peremptory Challenges. Each party and minor’s counsel are permitted one peremptory challenge to a child custody evaluator appointed by the Court. Written objections must be filed and served on the other party within five (5) court days of the date of the notice of assignment.

(c) Withdrawal from a Case. (1) An evaluator may request to withdraw from a case by filing a written declaration signed under penalty of perjury showing good cause. A copy of the declaration must be given to all parties and minor’s counsel. (2) Objections to the request must be filed with the Court and served on the evaluator, all parties and minor’s counsel within five (5) court days of receipt of the notice to withdraw. (3) After the time has expired to object to the request to withdraw, the court may, upon a finding of good cause, grant the request to withdraw, deny the request or set a hearing to the resolve the issue.

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Yolo Superior Court

(d) Ex Parte Communication. Parties and counsel shall not have ex parte communication with the evaluator except for the purpose of scheduling appointments or conducting scheduled interviews with the parties as a part of an evaluation process or where it is expressly authorized by the Court, consistent with Family Code Section 216. (Effective January 1, 2022)

17.4 COMPLAINT PROCESS

Parties who wish to make a complaint about the counseling process, or a counselor, an evaluator or minors counsel must be made in writing to the Court Executive Office. A copy of the complaint must be provided to all parties. The Court must determine what action, if any, to take including whether the complaint should be referred to the appropriate professional licensing board. (Effective January 1, 2022)

Chapter 4 – Family Law Rules

Yolo Superior Court

Rule 18: Child Custody and Child/Spousal Support

18.1 DISPUTES RE: CUSTODY

(a) Mandatory Child Custody Recommending Counseling. Child custody recommending counseling (CCRC) is a mandatory process governed by Family Code section 3160 et seq. and California Rules of Court,

Rule 5.210 and 5.215. The CCRC protocol is listed on the court’s website at www.yolo.courts.ca.gov under Family.

Yolo Superior Court is a recommending court which means if the parties do not come to an agreement through the CCRC process, the counselor will prepare a written recommendation to the Court pursuant to Family Code section 3183. There is not confidentiality between the counselor and the parties and the minor children. Counselors may be subpoenaed by the parties to testify in court as to the reason(s) for their recommendation(s). If a counselor is called to testify he/she shall be served by the party with a subpoena and paid as an expert by the party at the hourly rate set by the counselor at the time the subpoena is served.

Attorney input letters are not favored by the court and the court does not require the CCRC to review them prior to the counselling appointment or in preparation of the recommendation.

(b) Stipulated Private Child Custody Recommending Counseling. Nothing in these rules prevents the parties from choosing a private counselor to help them with their custody and visitation dispute(s). Both parties may, at any time, stipulate to a private counselor by submitting a court approved “Stipulation to Private Child Custody Recommending Counseling” for approval by the family court judge. Private counselors shall prepare and file a recommendation with the court before the date indicated on the stipulation and order. The recommendation shall contain a brief statement of the counselor’s finding(s), agreement(s) entered into by the parties, and any recommendation(s) the counselor may have on disputed issues. (Effective January 1, 2007; As amended, eff. 01/01/11; As amended, eff. 01/01/2015; As amended, eff. 01/01/2019; As amended, eff. 01/01/22)

18.2 GUIDELINES FOR TEMPORARY CHILD/SPOUSAL SUPPORT ORDERS

(a) The court has adopted a guideline for temporary spousal support. This guideline is discretionary for use in determining temporary spousal support in appropriate cases.

(b) In cases where there is no child support, the guideline shall be 40% of the net income of the payor minus 50% of the net income of the payee. This is commonly referred to as the Santa Clara rule. The Court will use what is

Chapter 4 – Family Law Rules

Yolo Superior Court

commonly referred to as the Alameda rule in child support cases involving spousal support.

(c) In setting child support, the court will apply Division 9, Parts 1, 2 and 3 of the Family Code (Family Code §§ 3500 et seq.) (Effective January 1, 2007; As amended, eff. 01/01/11; As amended and renumbered, eff. 01/01/2015)

Chapter 4 – Family Law Rules

Yolo Superior Court

RULE 19: SETTLEMENT AND TRIAL OF FAMILY LAW MATTERS

19.1 MANDATORY SETTLEMENT CONFERENCES

Because the resolution of family law cases by settlement is beneficial to the parties and the children, the court has established the Family Law Settlement Program with the participation of the local family law bar.

(a) All family law matters shall be scheduled for a settlement conference before proceeding to trial, unless expressly exempted by the judge presiding over the family law calendar. Good faith attendance and participation by all parties and counsel are mandatory unless excused by the court.

(b) Upon stipulation of the parties, experienced family law attorneys shall be assigned as settlement conference officers to preside over the settlement conferences.

(c) At least five (5) court days before a settlement conference, each party shall prepare, serve and file (1) a settlement conference statement setting forth the party’s position on every contested issue, and (2) a current income and expense declaration and property declaration.

(d) As provided in Rule 1.4, a party and/or an attorney’s failure, without substantial justification, to file the documents and/or attend the mandatory settlement conference shall subject that person to sanctions. Sanctions may include, but are not limited to, an order for payment to the pro tem settlement conference officer for the time he or she spent at his/her customary hourly rate.

(e) The attorneys, or parties in propria persona, shall set forth the details for any settlement reached, which shall be signed by the parties and/or their attorneys and a copy attached to the clerk’s minute order. The written recitation of the specific terms of the settlement must be prepared and signed by the parties and counsel and presented to the clerk. The judge will review the settlement with the parties and counsel in court after the settlement conference and enter appropriate orders. If one of the parties refuses, without substantial justification, to sign the prepared order concurring with this agreement, after ten (10) days the court shall sign the order. (Effective January 1, 2007; As amended, eff 01/01/11; As amended, eff 01/01/2015; Renumbered, eff. 01/01/22))

19.2 GOOD FAITH ATTEMPT AT INFORMAL RESOLUTION

(a) At least five (5) court days prior to the trial date for any contested family law case, counsel for each party shall serve on each opposing party a written proposal, prepared in good faith, for the resolution of all contested issues.

(b) Any financial declaration to be submitted at the trial shall be served on the opposing parties with the above-referenced written proposal for settlement. If the

Chapter 4 – Family Law Rules

Yolo Superior Court

declarations filed before the settlement conference remain current (i.e., valid within the preceding 90 days) at this time, they need not be resubmitted. (Effective January 1, 2007; As amended, eff. 01/01/2015; Renumbered, eff. 01/01/22)

Chapter 4 – Family Law Rules

Yolo Superior Court

Chapter 5

JUVENILE RULES

Page

Rule 21 General Juvenile 31

Chapter 5 – Juvenile Rules

Yolo Superior Court

RULE 21: GENERAL JUVENILE

21.1 FILING OF PAPERS

(a) All papers shall be accompanied by a proof of service, if applicable, and
shall be filed on any applicable Judicial Council form.

(1) New petitions charging minors not in custody shall be filed no later than
four (4) court days prior to the minor’s appearance.

(2) Jurisdictional and/or Dispositional reports shall be filed not later than
noon on the third court day before the hearing.

(3) Dependency status review reports shall be filed not later than ten (10)
calendar days before the hearing.

(4) All other reports shall be filed not later than noon on the third court day
before the hearing.

(b) All reports and pleadings prepared by child welfare workers, probation
officers, attorneys, parties, or others shall be timely filed and served as required
by law or these rules. A party’s failure to file a report or a pleading in a timely
fashion may be subject to sanctions. Detention reports and uncontested
jurisdictional hearing reports are considered timely if filed on the day of such
hearing. (Effective January 1, 2007; As amended, eff. 01/01/08; As amended, eff. 01/01/2015; As amended, eff.
01/01/2022)

21.2 EX PARTE REQUESTS FOR ORDERS OTHER THAN FOR PSYCHOTROPIC MEDICATIONS OR MEDICAL CARE

(a) Before submitting a request for an ex parte order to the court for consideration, the applicant shall give prior notice of the request to all counsel, parties, child welfare workers, and probation officers. Notice shall be given at least twenty-four (24) hours before the application is submitted to the court. The court may waive notice only upon a showing of good cause that is set forth by clear facts in a supporting declaration. An ex parte application lacking a statement explaining whether the parties were notified will be summarily denied.

(b) Ex parte requests shall include the following information:

(1) A description of the efforts made to obtain the consent of and/or give notice to the parties, the parents or legal guardians of the minor, and their attorneys of record or a statement indicating the reasons why said consent or notice should not be required;

(2) An indication of whether the minor, the parents or legal guardians of the minor, or their attorneys refuse to agree to the proposal which is the

Chapter 5 – Juvenile Rules

Yolo Superior Court

subject of the ex parte request including the ground for the person’s refusal,
if known;

(3) The reasons why the ex parte request cannot be made by a regular
noticed motion; and

(4) A full disclosure of any prior requests and the court’s action thereon
whenever a request for an ex parte order of the same character or for the
same relief has been made to the court.

(c) An opposing party shall present any written opposition to the court within
twenty-four (24) hours of receipt of notice of the ex parte application. The court’s
initial review of the application will be treated as a non-appearance, non-calendar
matter. Upon receipt of the ex parte application and any opposition, as provided
above, the court may render its decision on the application or set the matter for
hearing, at the court’s discretion. The applicant is responsible for serving notice of
the court’s order on the application, whether granted or denied. If the matter is set
for hearing, the applicant shall also give notice of such hearing to all parties and
counsel, unless ordered otherwise by the court. Any party disagreeing with the
order may request that the matter be placed on calendar for further consideration.

(d) Ex parte requests for (1) orders for temporary removal of prisoners or wards
and production as a party, (2) preservation of dispatch transmissions (“CAD
purges”), or (3) copies of booking photographs, may be submitted to the court
without any prior notice to other parties. (Effective January 1, 2007; Renumbered, eff. 01/01/2022)

(b) The application shall be made in writing and shall be heard in the
department where the case is pending. If the application is granted, the moving
party shall prepare an order for the court’s signature.

(c) No expert fee shall be paid by the court unless counsel has received an order
of the court for payment.

(d) In all contested proceedings, the name, address and curriculum vitae of any
experts to be called by any party and written copies of their reports shall be served
upon all parties at least five (5) court days prior to the hearing, or such other time
as the court may direct in the interest of justice. (Effective January 1, 2007; Renumbered, eff.
01/01/2022)

21.3 COMPLAINT PROCESS

A party who wishes to make a complaint about appointed counsel must do so in writing to the Court Executive Office. A copy of the complaint must be provided to all counsel and/or parties. The Court must determine what action, if any, to take including whether the complaint should be referred to the appropriate licensing board. (Effective January 1, 2022)

Chapter 5 – Juvenile Rules

Yolo Superior Court

21.4 CASA REPORTS

CASA reports shall be filed with the court at least two (2) court days prior to the hearing. The CASA program shall also provide a copy of the report to all counsel of record at least two (2) court days before the hearing. (Effective January 1, 2012; Renumbered, eff. 01/01/2022)

Chapter 5 – Juvenile Rules

Yolo Superior Court

Chapter 6

PROBATE RULES

Page

Rule 25 General Probate 35

Chapter 6 – Probate Rules

Yolo Superior Court

RULE 25: DELETED

Chapter 6 – Probate Rules

Yolo Superior Court

Chapter 7

GUARDIANSHIP RULES

Rule 26 Guardianship of the Person of a Minor 37

Chapter 7 – Guardianship Rules

Yolo Superior Court

RULE 26 GUARDIANSHIPS OF THE PERSON OF A MINOR

26.1 PETITION FOR APPOINTMENT: NOTICE AND HEARING

(a) Notice required by Probate Code Section 1511(b) shall be personally served
while the notice required by Probate Code Section 1511 (c), (d) and (e) is to be
mailed.

(b) Relatives in the second degree include: maternal grandparents, paternal
grandparents, parents, brothers and sisters, and any children.

(c) Notice shall be given to persons not otherwise entitled to notice who are
parties to any other proceeding to appoint a guardian for the minor if such
proceedings are known to the petitioner at the time of filing.

(d) The Clerk’s Office will set a hearing date approximately sixty (60) days after
filing to allow time for the Court Investigator’s report.

(e) In the case of a petition for guardianship of the person by a relative, notice
shall be mailed to the Probate Investigator.

(f) In the case of a petition for guardianship of the person by a non-relative,
notice under Probate Code Sections 1540 through 1543, inclusive, shall be mailed
at least forty-five (45) days prior to the hearing date to:

(1) The State Department of Social Services; and

(2) Yolo County Department of Employment and Social Services.

(g) A declaration of due diligence is required where the petitioner cannot
determine the name or address of a relative or party to whom notice is required.
The declaration shall specify all efforts undertaken to identify and locate such
relative or party. The petitioner should check the following and state the results
in the declaration: telephone directory, directory assistance, relatives and friends,
former employers, and last known address. (Effective January 1, 2007)

26.2 PENDING ADOPTION

Pursuant to Probate Code Section 1543, if it appears that adoption proceedings are pending, letters of guardianship will not be issued nor the hearing permitted until the agency investigating the adoption has filed its report. (Effective January 1, 2007)

26.3 INDIAN CHILD WELFARE ACT (ICWA)

Guardianships are subject to the provisions of the federal Indian Child Welfare Act (ICWA). If there is any reason to believe that the child has Native American

Chapter 7 – Guardianship Rules

Yolo Superior Court

heritage, the petitioner shall provide notice to the appropriate tribe(s) and the Secretary of the Department of the Interior as required by ICWA. (Effective January 1, 2007)

26.4 GUARDIANSHIP HEARING

The minor and the proposed guardian shall attend the hearing to establish a guardianship of a minor, unless their presence is waived by the court. (Effective January 1, 2007)

26.5 PROBATE INVESTIGATOR OR SOCIAL SERVICES

(a) The Probate Investigator conducts an investigation on all petitions to
establish a guardianship where the proposed guardian is a relative.

(b) Where the proposed guardian is a non-relative, Child Protective Services
conducts the investigation. Any delay may cause a continuance. See Probate Code
Section 1513(g) for the definition of relative.

(c) Once the guardianship is established, the Probate Investigator assists the
court in reviewing guardianships of the person and the estate. Counsel and
guardians shall cooperate fully with the Probate Investigator.

(d) The Probate Investigator shall be provided with a copy of all petitions to
terminate a guardianship.

(e) Pursuant to Probate Code section 1513.1 and 1851.5, at the time of filing a
petition to establish a guardianship, if the proposed guardian is a relative, a fee
shall be assessed and paid for the Probate Investigator’s report unless deferred or
waived by the court. If the guardian or other person liable for payment of the
assessment believes the fees should be deferred or waived due to hardship, the
subject petition shall include a request for deferral or waiver and shall set forth
facts establishing a hardship. Failure to make timely payment will not delay
approval of any petition but will result in the matter being referred to collections.
(Effective January 1, 2007; As amended, eff. 01/01/10; As amended, eff. 01/01/11)

26.6 TEMPORARY GUARDIANSHIPS

(a) All petitions for appointment of a temporary guardian should be submitted by
ex parte application. Proof of service of the petition, pursuant to Probate Code
Section 2250, shall be filed prior to the issuance of an order.

(b) If the court determines that a hearing on the petition for a temporary
guardianship is necessary, notice will be sent by the court to the attorney and
petitioner. Notice of that hearing shall then be given by the attorney and/or
petitioner to those required to receive notice. (Effective January 1, 2007)

Chapter 7 – Guardianship Rules

Yolo Superior Court

26.7 APPOINTMENT OF SUCCESSOR GUARDIAN

When filing a petition for a successor guardianship of the person, a copy of the petition for successor appointment shall be sent to the Probate Investigator in order to determine if an investigation and report will be required. Successor guardianship petitions shall be set for hearing by the clerk approximately sixty (60) days after the filing date to allow enough time for any required investigation. (Effective January 1, 2007)

26.8 APPOINTMENT OF LEGAL COUNSEL FOR THE MINOR

If the court determines it would be in the best interests of the minor, the court may appoint private counsel to represent the minor, or the interests of the minor, in an existing guardianship or in a petition to appoint a guardian of the person pursuant to Probate Code Section 1470. Counsel for the minor shall not be retained by any party to the contest. The rights, duties and responsibilities of the attorney for the minor in a contest guardianship of the person shall include those specified in Family Code Sections 3150, et seq. (Effective January 1, 2007)

Chapter 7 – Guardianship Rules

Yolo Superior Court

APPENDIX 1

SUPERIOR COURT OF CALIFORNIA COUNTY OF YOLO

Listing of Forms by Name Number Date Use ADR Information Sheet CV0140 9/2020 Mandatory Application for Reduced Monthly Payment CR001 10/2018 Mandatory At-issue Memorandum YOCV0100 6/2016 Optional Civil Assessment Motion CR323 6/2016 Mandatory Civil Bench Warrant CV0141 6/2020 Optional Defendant Waives Right to Separate Counsel YCR-141 12/2021 Optional DUI Advisement of Rights, Waiver & Plea Form (VC23152) PRU-101 4/2012 Mandatory DUI Conviction Advisement YCR-100 12/2021 Mandatory Family Law Settlement Conference Statement CV0240 1/2012 Optional Family Law Stipulation and Order CV0220 6/2016 Optional General Information for Petitions for Dismissal CR003 6/2016 Optional General Information for Petitions for Recall of Sentence CR004 6/2016 Optional Language Access Complaint YCSS-100 12/2021 Mandatory Language Access Complaint – Spanish YCSS-100a 12/2021 Mandatory Misdemeanor Advisement of Rights, Waiver & Plea PRU-200 1/2013 Mandatory Modification Request – CSB Accounts TR001 12/2012 Mandatory Notice of Case Management Conference YOCV0142 8/2020 Mandatory Notice of Motion – Traffic Continuance M725A 6/2016 Optional Order Appointing Court Investigator YOCV0175 10/2004 Optional Penalty Assessment Breakdown YCR101 4/2013 Mandatory Peremptory Challenge YCSS-110 12/2021 Optional Petition to Recall Sentence PC 1170.8 (Prop 47) CR500 11/2014 Optional Plea in Absentia CR310 11/2002 Optional Proof of Service by Mail – Traffic YOCV0190 6/2016 Optional Qualifications for Reduced Monthly Payment Amounts CR002 10/2018 Mandatory Response to Petition to Recall Sentence CR51011 6/2016 Optional Transcript Order Form YCSS-102 12/2021 Optional VOP Advisement of Rights YCR-104 12/2021 Mandatory Waiver of Counsel CRC353 12/2021 Optional

Appendix 1

Yolo Superior Court

Listing of Forms by Number Number Name Date Use CR001 Application for Reduced Monthly Payment 10/2018 Mandatory CR002 Qualifications for Reduced Monthly Payment Amounts 10/2018 Mandatory CR003 General Information for Petitions for Dismissal 6/2016 Optional CR004 General Information for Petitions for Recall of Sentence 6/2016 Optional CR310 Plea in Absentia 11/2002 Optional CR323 Civil Assessment Motion 6/2016 Mandatory CR500 Petition to Recall Sentence PC1170.8 (Prop 47) 11/2014 Optional CR510 Response to Petition to Recall Sentence 6/2016 Optional CRC353 Waiver of Counsel 12/2021 Optional CV0140 ADR Information Shett 9/2020 Mandatory CV0141 Civil Bench Warrant 6/2020 Optional CV0220 Family Law Stipulation and Order 6/2016 Optional CV0240 Family Law Settlement Conference Statement 1/2012 Optional M725A Notice of Motion – Traffic Continuance 6/2016 Optional PRU-101 DUI Advisement of Rights, Waiver & Plea(VC23152) 4/2012 Mandatory PRU-200 Misdemeanor Advisement of Rights, Waiver & Plea 1/2012 Mandatory TR001 Modifications Request – CSB Accounts 12/2012 Mandatory YCR-100 DUI Conviction Advisement 12/2021 Mandatory YCR101 Penalty Assessment Breakdown 4/2013 Mandatory YCR-104 VOP Advisement of Rights 12/2021 Mandatory YCR-141 Defendant Waives Right to Separate Counsel 12/2021 Optional YCSS-100 Language Access Complaint 12/2021 Mandatory YCSS-100a Language Access Complaint – Spanish 12/2021 Mandatory YCSS-102 Transcript Order Form 12/2021 Optional YCSS-110 Peremptory Challenge 12/2021 Optional YOCV0100 At-issue Memorandum 6/2016 Optional YOCV0142 Notice of Case Management Conference 8/2020 Mandatory YOCV0175 Order Appointing Court Investigator 10/2004 Optional YOCV0190 Proof of Service by Mail – Traffic 6/2016 Optional

Appendix 1

Yolo Superior Court

Index by Subject Matter

Title Chapter Rule Page Appearances (Criminal) 3 16.4 20 Appellate Division 1 3 4 Appellate Record 1 3 4 Appendix 1 40 Appointment of Legal Counsel for the Minor 7 26.8 39 Appointment of Successor Guardian 7 26.7 39 Arraignment 3 16.2 20 Assignment (Appellate) 1 3.1 4 Attorney Fees 2 11.3 16 Authority and Compliance (efile) 1 7.1 11 Bench Trial Continuances 4 17.2 24 Bias Informal Complaint Policy 1 4.7 6 Calendared Matters (Civil) 2 11.1 15 Calendaring Requests (Criminal) 3 16.3 20 CASA Reports 5 21.4 33 Case Management 2 12 17 Chapter 1 - Organization and Administration 1 1 Chapter 2 - Civil Rules 2 14 Chapter 3 - Criminal Rules 3 19 Chapter 4 - Family Law Rules 4 23 Chapter 5 - Juvenile Rules 5 30 Chapter 6 - Probate Rules - Deleted 6 34 Chapter 7 – Guardianship Rules 7 36 Child Custody and Child/Spousal Support 4 18 26 Civil Trials 2 13 18 Complaint Process (Family Law) 4 17.4 25 Complaint Process (Juvenile) 5 21.3 32 Confidential Documents (efile) 1 7.7 12 Construction 1 1.2 2 Court Documents and Files 1 2.3 3 Court Location 1 2.1 3 Court Ordered Child Custody Evaluations 4 17.3 24 Court Reporter 1 6 10 Court Reporter Services 1 6.1 10 Court Reporter Requests for Civil, Family & Probate 1 6.2 10 Court Security and Conduct 1 4 5 Criminal Complaints-Time of Filing 3 16.1 20 Disputes re: Custody 4 18.1 26 Documents Not Filed Electronically 1 7.8 12 Dress Policy 1 4.3 5 Electronic Filing Acceptance Deadline 1 7.5 12 Electronic Filing and Service 1 7 11 Electronic Filing Fee Waiver 1 7.6 12

Index by Subject Matter

Yolo Superior Court

Title Chapter Rule Page Electronic Filing Requirements 1 7.4 12 Ex Parte Hearings 1 5 9 Ex Parte Hearings 1 5.1 9 Ex Parte Requests for Orders other than Psychotropic Medications or Medical Care 5 21.2 31 Exhibits (efile) 1 7.9 13 Filing of Papers 5 21.1 31 Filings and Mailed Filings 1 2.2 3 General Civil 2 11 15 General Criminal 3 16 20 General Family Law 4 17 24 General Juvenile 5 21 31 General Rules 1 1 2 Good Faith Attempt at Informal Resolution 4 19.2 28 Guardianship Hearing 7 26.4 38 Guardianship of the Person of a Minor 7 26 37 Guidelines for Temporary Child/Spousal Support Orders 4 18.2 26 Indian Child Welfare Act (ICWA) 7 26.3 37 Law and Motion (Family Law) 4 17.1 24 Listing of Local Forms 40 Location and Organization 1 2 3 Mandatory Electronic Filing and Service 1 7.2 11 Mandatory Settlement Conferences 4 19.1 28 Marking Exhibits 2 13.3 18 Name, Citation and Effective Date 1 1.1 2 Notice of Case Management Conference 2 12.2 17 Original Depositions 2 13.4 18 Pending Adoption 7 26.2 37 Permissive Electronic Filing and Service 1 7.3 12 Petition for Appointment: Notice of Hearing 7 26.1 37 Plea Forms 3 16.5 20 Pre-Trial Conferences in Misdemeanors 3 16.8 21 Probate Investigator or Social Services 7 26.5 38 Purpose and Goal 2 12.1 17 Purpose of Trial Readiness Conferences 3 16.9 21 Real Property Bonds 3 16.10 22 Recording Equipment Prohibited 1 4.5 6 Remote Appearances 1 2 3 Responsibilities of Relieved Counsel of Record 3 16.7 21 Restricted Areas 1 4.4 5 Sanctions for Violation of Local Rules 1 1.4 2 Security 1 4.1 5 Self-Addressed Stamped Envelopes 2 11.4 16 Settlement and Trial of Family Law Matters 4 19 28 Severability of Rules 1 1.3 2 Temporary Guardianships 7 26.6 38 Tentative Rulings 2 11.2 15 Trial Statement and Motions In Limine (Civil) 2 13.2 18

Index by Subject Matter

Yolo Superior Court

Title Chapter Rule Page Trials (Civil) 2 13.1 18 Use of Laptop Computers and Electronic Devices 1 4.6 6 Violation of Probation Declarations and Hearings 3 16.6 21 Weapons 1 4.2 5

Index by Subject Matter