Saturday, September 20, 2014

Prerogative Writ Departments and Protocol

The Civil Unit assigns Petitions for Prerogative Writs on a random basis. Please reference the individual department's policies and protocol for prerogative writs and motions.

Department 24
Hon. Shelleyanne W.L. Chang
916-874-6687

Civil writ proceedings in Department 24 are conducted in accordance with this Protocol and the Sacramento Superior Court Guide to the Procedures for Prosecuting Petitions for Prerogative Writs.

Hearings

Writs and motions are heard in Department 24 on Fridays at 10:00 a.m., 11:00 a.m., or 1:30 p.m. Other times may be set with the approval of the court upon showing of good cause.

Calendaring

The clerk of Department 24 schedules hearings on writs and motions. Contact the clerk at 916-874-6687 for available dates and times.

The moving party must reserve a date and time with the Department clerk before noticing the hearing. Prior to reserving a hearing date, the moving party must meet and confer with all parties as to the proposed date and time. Parties are advised to agree on at least two available dates before calling the clerk to reserve a hearing date.

Ex Parte Matters

Ex parte applications must comply with California Rule of Court 3.1200 et seq - external link. The court prefers at least 48 hours notice, but upon a showing of urgency, will accept less.

Filings

Other than the administrative record, all documents in the case shall be filed (and paid for) either in person at the Civil Front Counter in Room 102, or by mail addressed to the Civil Division - Room 102, 720 9th Street, Sacramento, CA 95814. When filing papers, parties must furnish the court with one original (unbound and clipped or rubber banded) and two bound, hole-punched copies. When documents are filed within one day of the hearing, parties must deliver two endorsed copies directly to the Department. For further information, refer to Local Rule 2.26.

Tentative Rulings

In most cases, Department 24 uses the Tentative Ruling System. On the court day before each hearing, the court will post a tentative ruling or a direction that the parties appear at the hearing.

The tentative ruling or direction to appear at the hearing will be available at 2:00 p.m. the court day preceding the scheduled hearing and may be obtained on this court's public access site. For those without access to the Internet, the tentative ruling or direction to appear may be obtained from the clerk of Department 24.

Unless a party requests oral argument no later than 4:00 p.m. on the court day preceding the scheduled hearing and further advises the clerk that such party has notified all other parties of its intention to appear, the tentative ruling shall become the final ruling of the court.

All notices of motions or hearings shall include the following information in the notice:

"Pursuant to Local Rule 1.06, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. You can access any tentative ruling on the court's Web site at www.saccourt.ca.gov or obtain the tentative ruling from the clerk of Department 24. If the court issues a tentative ruling and you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing date to request a hearing, no hearing will be held."

Telephone Appearances

Parties may appear by telephone at appropriate conferences, hearings, and proceedings, as specified in Code of Civil Procedure § 367.5 - external link. Unless the court orders otherwise for good cause shown, parties may not appear telephonically at a trial/hearing on the merits. Parties requesting to appear by telephone must comply with Local Rule 2.04 for each telephone appearance requested.

Fax Filings

Documents faxed directly to the court will not be filed.

Alternative Writs

Notice of an application for an alternative writ, when given, must be at least ten days. In its discretion and for good cause, the court may grant an application for an alternative writ ex parte, without compliance with proper ex parte notification. Absent a showing of good cause or waiver by the responding party, an alternative writ will not be issued ex parte unless the application for alternative writ is served and filed at least five days before the ex parte hearing. When the court grants an application for an alternative writ ex parte, the alternative writ must be served in the same manner as a summons in a civil action. With the exception of an alternative writ or prohibition, an alternative writ does not, in and of itself, accomplish a stay or afford any affirmative relief.

In bringing a mandamus petition to trial/hearing on the merits, the court prefers that parties proceed by noticed motion instead of by alternative writ. See page 7 of the court's Guide to the Procedures for Prosecuting Petitions for Prerogative Writs.

Temporary Stays

Proof of service of the alternative writ or, if no alternative writ is sought, of the filed petition, must be filed with the court prior to any hearing on an application for the issuance of a temporary stay, temporary restraining order, or preliminary injunction.

Lodging Administrative Record

Administrative records are submitted directly to the Department. The administrative record must be lodged in the Department not less than 25 days, but not more than 45 days, before the hearing. Parties should attach a cover sheet to the administrative record (and any boxes containing the record) listing the case name, case number, and the date and time of the hearing.

When securing a date and time for a hearing on the merits of the petition, parties should inform the clerk of the size of the administrative record. If the administrative record is voluminous (generally, if it fills more than three large three-ring binders and/or exceeds 750 pages in length), parties are requested to lodge, in addition to the original administrative record, an electronic copy of the administrative record. The Department prefers that the electronic copy be submitted on CD-ROM or DVD, or flash drive, formatted in PDF format, and labeled with the case name, case number, and title of the document.

Parties should consult with the Department clerk if they are unable to comply with any of these requirements.

Continuances

After a hearing or motion is set, it may be continued only upon approval of the court. The party seeking the new date should obtain available times and dates from the clerk of Department 24, meet and confer with all other parties on a new date, and then present a Stipulation and Order or, if opposing, parties are unwilling to stipulate, a motion for a continuance. There is a filing fee that must be paid to the cashier in Room 102.

Evidentiary Objections

Objections to evidence must comply with California Rules of Court 3.1352 and 3.1354 - external link.

Department 29
Hon. Timothy M. Frawley
916-874-5684

Hearings

Department 29 hears writs and motions on Fridays at 10:00 a.m., 11:00 a.m., and 1:30 p.m. on Fridays. Other times shall be set only with the approval of the court upon a showing of good cause.

Calendaring

The clerk of Department 29 schedules hearings on writs and motions. The moving party must reserve a date and time with the Department clerk before noticing the hearing. Hearings are scheduled on a first-come, first-served basis. Prior to reserving a hearing date, the moving party must meet and confer with all parties as to the proposed date and time. Parties are advised to agree on at least two available dates before calling the clerk to reserve a hearing date. Contact the clerk at 916-874-5684 for a list of available dates and times.

Ex Parte Matters

Ex parte applications must comply with California Rule of Court 3.1200 - external linket seq. The court prefers at least 48 hours notice, but upon a showing of urgency, will accept less.

Filings

Other than the administrative record, all documents in the case shall be filed (and paid for) either in person at the Civil Front Counter in Room 102, or by mail addressed to the Civil Division - Room 102, 720 9th Street, Sacramento, CA 95814. When filing papers, parties must furnish the court with one original (unbound and clipped or rubber banded) and two bound copies. When documents are filed within one day of the hearing, parties also must deliver an endorsed copy directly to the Department. For further information, refer to Local Rule 2.26.

Tentative Rulings

This Department uses the Tentative Ruling System. On the court day before each noticed writ or motion hearing (generally Thursday), the court will post a tentative ruling for the hearing. The tentative rulings will be available at 2:00 p.m. and may be obtained on this court's Web site. For those without access to the Internet, the tentative ruling may be obtained by requesting a copy from the clerk of Department 29. Unless a party requests oral argument no later than 4:00 p.m. on the court day preceding the scheduled hearing and further advises the clerk that such party has notified all other parties of its intention to appear, the tentative ruling shall become the final ruling of the court. All notices of motions or hearings shall include the following information in the notice:

"Pursuant to Local Rule 1.06, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. To receive the tentative ruling, you can access the court's Web site at www.saccourt.ca.gov or arrange to obtain the tentative ruling from the clerk of Department 29. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held."

Telephone Appearances

Parties may appear by telephone at appropriate conferences, hearings, and proceedings, as specified in Code of Civil Procedure § 367.5 - external link. Unless the court orders otherwise for good cause shown, parties may not appear telephonically at a trial/hearing on the merits. Parties requesting to appear by telephone must comply with Local Rule 2.04 for each telephone appearance requested.

Fax Filings

Documents faxed directly to the court will not be filed.

Alternative Writs

Notice of an application for an alternative writ, when given, must be at least ten days. In its discretion and for good cause, the court may grant an application for an alternative writ ex parte, without compliance with proper ex parte notification. Absent a showing of good cause or waiver by the responding party, an alternative writ will not be issued ex parte unless the application for alternative writ is served and filed at least five days before the ex parte hearing. When the court grants an application for an alternative writ ex parte, the alternative writ must be served in the same manner as a summons in a civil action. With the exception of an alternative writ or prohibition, an alternative writ does not, in and of itself, accomplish a stay or afford any affirmative relief.

In bringing a mandamus petition to trial/hearing on the merits, the court prefers that parties proceed by noticed motion instead of by alternative writ. See the court's Guide to the Procedures for Prosecuting Petitions for Prerogative Writs, at p. 7.

Temporary Stays

Proof of service of the alternative writ or, if no alternative writ is sought, of the filed petition, must be filed with the court prior to any hearing on an application for the issuance of a temporary stay (or temporary restraining order or preliminary injunction).

Lodging Administrative Record

Administrative records are submitted directly to the Department. The administrative record must be lodged in the Department not less than 25 days, but not more than 45 days, before the hearing. Parties should attach a cover sheet to the administrative record (and any boxes containing the record) listing the case name, case number, and the date and time of the hearing. When securing a date and time for a hearing on the merits of the petition, parties should inform the clerk of the size of the administrative record. If the administrative record is voluminous (generally, if it fills more than three large three-ring binders and/or exceeds 750 pages in length), parties are requested to lodge, in addition to the original administrative record, an electronic copy of the administrative record. The Department prefers that the electronic copy be submitted on CD-ROM or DVD, formatted in PDF format, and labeled with the case name, case number, and title of the document. Parties should consult with the Department clerk if they are unable to comply with any of these requirements.

Continuances

After a hearing or motion is set, it may be continued only upon approval of the court. The party seeking the new date should obtain available times and dates from the clerk of Department 29, meet and confer with all other parties on a new date, and then present a Stipulation and Order or, if opposing, parties are unwilling to stipulate, a motion for a continuance. There is a filing fee that must be paid to the cashier in Room 102.

Evidentiary Objections

Objections to evidence must comply with California Rules of Court 3.1352 and 3.1354 - external link.

Other Procedures for Prosecuting Petitions for Prerogative Writs

In addition to this Protocol, parties should obtain and follow the Guide to the Procedures for Prosecuting Petitions for Prerogative Writs.

Department 31
Hon. Michael Kenny
916-874-6353

Hearings

Department 31 hears writs and motions on Fridays at 9:00 a.m., and 1:30 p.m. Other times shall be set only with the approval of the court upon a showing of good cause.

Calendaring

The clerk of Department 31 schedules hearings on writs and motions. The moving party must reserve a date and time with the Department clerk before noticing the hearing. Hearings are scheduled on a first-come, first-served basis. Prior to reserving a hearing date, the moving party must meet and confer with all parties as to the proposed date and time. Parties are advised to agree on at least two available dates before calling the clerk to reserve a hearing date. Contact the clerk at 916-874-6353 for a list of available dates and times.

Ex Parte Matters

Ex parte applications must comply with California Rule of Court 3.1200 et seq. The court prefers at least 48 hours notice, but upon a showing of urgency, will accept less.

Filings

Other than the administrative record, all documents in the case shall be filed (and paid for) either in person at the Civil Front Counter in Room 102, or by mail addressed to the Civil Division - Room 102, 720 9th Street, Sacramento, CA 95814. When filing papers, parties must furnish the court with one original (unbound and clipped or rubber banded) and two bound, hole-punched copies. When documents are filed within one day of the hearing, parties also must deliver two endorsed copies directly to the Department. For further information, refer to Local Rule 2.26.

Tentative Rulings

This Department uses the Tentative Ruling System. On the court day before each noticed writ or motion hearing (generally Thursday), the court will post a tentative ruling for the hearing. The tentative rulings will be available at 2:00 p.m. and may be obtained on this court's Web site. For those without access to the Internet, the tentative ruling may be obtained by requesting a copy from the clerk of Department 31. Unless a party requests oral argument no later than 4:00 p.m. on the court day preceding the scheduled hearing and further advises the clerk that such party has notified all other parties of its intention to appear, the tentative ruling shall become the final ruling of the court. All notices of motions or hearings shall include the following information in the notice:

"Pursuant to Local Rule 1.06, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. To receive the tentative ruling, you can access the court's Web site at www.saccourt.ca.gov or arrange to obtain the tentative ruling from the clerk of Department 31. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held."

Telephone Appearances

Parties may appear by telephone at appropriate conferences, hearings, and proceedings, as specified in Code of Civil Procedure § 367.5 - external link. Unless the court orders otherwise for good cause shown, parties may not appear telephonically at a trial/hearing on the merits. Parties requesting to appear by telephone must comply with Local Rule 2.04 for each telephone appearance requested.

Fax Filings

Documents faxed directly to the court will not be filed.

Alternative Writs

Notice of an application for an alternative writ, when given, must be at least ten days. In its discretion and for good cause, the court may grant an application for an alternative writ ex parte, without compliance with proper ex parte notification. Absent a showing of good cause or waiver by the responding party, an alternative writ will not be issued ex parte unless the application for alternative writ is served and filed at least five days before the ex parte hearing. When the court grants an application for an alternative writ ex parte, the alternative writ must be served in the same manner as a summons in a civil action. With the exception of an alternative writ or prohibition, an alternative writ does not, in and of itself, accomplish a stay or afford any affirmative relief.

In bringing a mandamus petition to trial/hearing on the merits, the court prefers that parties proceed by noticed motion instead of by alternative writ. See the court's Guide to the Procedures for Prosecuting Petitions for Prerogative Writs, on p. 7.

Temporary Stays

Proof of service of the alternative writ or, if no alternative writ is sought, of the filed petition, must be filed with the court prior to any hearing on an application for the issuance of a temporary stay (or temporary restraining order or preliminary injunction).

Lodging Administrative Record

Administrative records are submitted directly to the Department. The administrative record must be lodged in the Department not less than 25 days, but not more than 45 days, before the hearing. Parties should attach a cover sheet to the administrative record (and any boxes containing the record) listing the case name, case number, and the date and time of the hearing. When securing a date and time for a hearing on the merits of the petition, parties should inform the clerk of the size of the administrative record. If the administrative record is voluminous (generally, if it fills more than three large three-ring binders and/or exceeds 750 pages in length), parties are requested to lodge, in addition to the original administrative record, an electronic copy of the administrative record. The Department prefers that the electronic copy be submitted on CD-ROM or DVD, formatted in PDF format, and labeled with the case name, case number, and title of the document. Parties should consult with the Department clerk if they are unable to comply with any of these requirements.

Continuances

After a hearing or motion is set, it may be continued only upon approval of the court. The party seeking the new date should obtain available times and dates from the clerk of Department 31, meet and confer with all other parties on a new date, and then present a Stipulation and Order or, if opposing, parties are unwilling to stipulate, a motion for a continuance. There is a filing fee that must be paid to the cashier in Room 102.

Evidentiary Objections

Objections to evidence must comply with California Rules of Court 3.1352 and 3.1354 - external link.

Other Procedures for Prosecuting Petitions for Prerogative Writs

In addition to this Protocol, parties should obtain and follow the Guide to the Procedures for Prosecuting Petitions for Prerogative Writs.

Department 42
Hon. Allen Sumner
916-874-5672

Civil writ proceedings in Department 42 are conducted in accordance with this Protocol and the Sacramento Superior Court Guide to the Procedures for Prosecuting Petitions for Prerogative Writs. Additionally, the court recognizes the applicability of the Attorney Guidelines of Civility and Professionalism, adopted by the State Bar of California, and the Standards of Professional Conduct, adopted by the Sacramento County Bar Association.

Calendaring

The clerk of Department 42 schedules hearings on writ petitions and motions addressing preliminary matters. Writ petitions and motions are normally heard in Department 42 on Fridays at 9:00 a.m., 10:00 a.m., 11:00 a.m., and 1:30 p.m. Other times shall be set only with the approval of the court upon a showing of good cause.

The moving party must reserve a date with the department clerk before noticing a hearing. Prior to reserving a hearing date, contact the clerk at 916-874-5672 for available dates and times, meet and confer with all parties to select a mutually convenient date and time from the available dates and times provided by the clerk, and call the clerk to reserve the agreed date and time.

Ex Parte Matters

Applications for ex parte relief must comply with California Rules of Court, rule 3.1200 et seq - external link. This includes notice to all parties no later than 10:00 am the day before the requested hearing. (Rule 3.1203.) The court shall be provided with the papers at least 48 hours in advance, absent a showing of good cause.

Ex parte relief is an exception to the general rule of timely notice. (McDonald v. Severy (1936) 6 Cal.2d 629, 631.) The application requires a showing of irreparable harm, immediate danger or other statutory basis for ex parte relief. (Rule 3.1202(c).) A noticed motion with a request to shorten time (Rule 3.1300) may be more appropriate when ex parte relief is not warranted, but other circumstances demonstrate good cause for shortening time.

Filings

Other than administrative records, parties shall file an original and two copies of each document either at the Civil Front Counter in Room 102, or by mail addressed to the Civil Division - Room 102, 720 9th Street, Sacramento, CA 95814.

Please include counsel's address on all filings.

If you are filing an administrative record, please file with the clerk of Department 42 at the same time the opening brief is filed. If the record is more than 500 pages, please call the clerk in Department 42 for directions.

If documents are filed within one day of the hearing, an endorsed copy shall be delivered to the clerk of Department 42. (Local Rule 2.26(c).)

Tentative Rulings

Department 42 uses the Tentative Ruling System. On the court day before each hearing, the court will post either a tentative ruling or other direction.

The tentative ruling or other direction will be available at 2:00 p.m. the day before and may be obtained on this court's Web site. For those without access to the Internet, a copy of the tentative ruling or direction to appear may be obtained from the clerk of Department 42.

A tentative ruling shall become the ruling of the court, unless a party contacts the Department 42 clerk to request a hearing no later than 4:00 p.m. on the court day preceding the hearing and further advises the clerk that the party requesting the hearing has notified all other parties of its request and intention to appear. If no hearing is requested, the tentative ruling will become the ruling of the court without hearing.

All notices of motions or hearings shall include the following information in the notice: "Pursuant to Local Rules for the Superior Court of California, County of Sacramento, Local Rule 1.06, the court may make a tentative ruling on this matter by 2:00 p.m., the court day before the hearing. You can access any tentative ruling on the court's Web site at www.saccourt.ca.gov or obtain the tentative ruling from the clerk of Department 42. If the court issues a tentative ruling and you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing date to request a hearing, no hearing will be held."

If a hearing is requested, any party desiring an official record of the proceeding shall make arrangements for reporting services with the clerk of the department not later than 4:30 p.m. on the day before the hearing. The fee is $30.00 for civil proceedings lasting under one hour, and $239.00 per half day of proceedings lasting more than one hour. (Local Rule 1.12 and Government Code §68086 - external link.)

Telephone Appearance

Telephone appearances may be allowed for out-of-county parties in limited circumstances. Telephone appearances for a hearing on the merits are discouraged. A party intending to argue at the hearing should plan to be present. Parties requesting to appear by telephone must comply with Rules of Court, rule 3.6 - external link and Local Rule 2.04 for each telephone appearance requested, but may be limited to listening only.

Fax Filings

Documents faxed directly to the court will not be filed. (See Rule of Court, rule 2.303 - external link.)

Meet and Confer Requirement

The parties must meet and confer in person or by phone as to both the hearing date and the substance of any motion. The moving party shall include a declaration attesting to this with any motion.

Alternative Writs

Prior Service of Ex Parte Application: Absent a showing of good cause or waiver by the responding party, no alternative writ will be issued unless the moving party serves all parties with the application at least five days before the ex parte hearing.

Briefing Schedule and Hearing Date: Issuance of an alternative writ merely places the matter on the court's calendar for hearing. It does not stay any action or afford any affirmative relief. If issued, the alternative writ must be served in the same manner as a summons in a civil action unless the court orders otherwise. (See Code Civ. Proc., § 1073 - external link.) The court will set a briefing schedule when the alternative writ is issued.

Note that the court prefers that parties use a notice of hearing instead of seeking the issuance of an alternative writ to place a matter on the court's calendar. See page 7 of the Guide to the Procedure for Prosecuting Petitions for Prerogative Writs.

Continuances

Once a hearing is set, it may be continued only upon order of the court. A party requesting a continuance should obtain available dates and times from the clerk of Department 42, meet and confer with all parties on a new date, and then present either a Stipulation and Proposed Order or, if opposing parties are unwilling to stipulate, a motion and proposed order for a continuance. Applicable filing fees shall be paid to the cashier in Room 102.

Temporary Stays

Proof of service of the alternative writ or, if no alternative writ is sought, proof of service of the filed petition, must be filed with the court prior to any hearing on an application for issuance of a temporary stay, temporary restraining order or preliminary injunction.

A request for stay of suspension of a driving license must include a copy of the petitioner's driving record. (Cal. Rules of Court, rule 3.1142) - external link.

Evidentiary Rules

Objections to evidence submitted in any papers shall comply with California Rules of Court, rules 3.1352 and 3.1354 - external link.

Requests for the court to take judicial notice shall comply with rule 3.1306(c). Judicial notice is limited to material relevant to a matter at issue, and should not be used to circumvent the normal briefing process. (See, e.g., Mangini v. R.J. Reynolds Tobacco (1994) 7th Cal. 4th 1057, 1063-1065.)