Title 1. General and Administrative Rules Chapter 1 ...

1 Local Rulesof the Superior Court of California, County of Alameda1-1 Title and Administrative RulesChapter 1. General and Administrative RulesRule Citation and effect of rulesThese Rules are the local Rules for the Superior Court of California, County ofAlameda. These Rules may be cited as the local Rules and are supplementary andsubject to statutes and the California Rules of Court and shall be construed andapplied so they do not conflict with such Rules and statutes. These Rules shallsupersede all Rules previously adopted by the superior and municipal courts of theCounty of Alameda. These Rules shall have no retroactive effect or effective July 1, 2007;adopted effective May 19, 1998;previouslyamended effective July 1, Construction and application of rulesThese Rules are to be liberally construed to ensure the just and speedy determinationof the proceedings that they govern. Division, section, rule, and paragraph headingsdo not affect the scope, meaning, or intent of the provisions ofthese Rules .

2 If any partof a rule is held invalid, all valid parts that are severable from the invalid parts remainin effect. If a rule is held invalid in one or more of its applications, the rule remains ineffect in all valid applications that are severable from the invalid amended effective July 1, 2007;adopted effective May 19, 1998;previously amended effective July 1, Effective date of these rulesThese Rules shall take effect May 19, effective July 1, 2007; adopted effective May 19, Forms [Reserved]Rule DefinitionsThe definitions set forth in the California Rules of Court apply to these Rules , unlessthe context or subject matter herein used in these Rules :(1) County means the County of Alameda, State of California.(2) Court means the Superior Court of California, County of Alameda, and shallinclude and apply to any judge, commissioner, or referee who is a dulyLocal Rulesof the Superior Court of California, County of Alameda1-2appointed or elected member of this court and to any judge who has beenassigned by the Chairman of the Judicial Council to serve, and is serving, asa judge of this court, including any retired judge who is so assigned and isserving, and any attorney designated by the presiding judge as a temporaryjudge.

3 (3) Rule is a local rule of the Superior Court of California, County of Alameda.(4) Clerk means the clerk and any deputy clerks of the Superior Court ofCalifornia, County of Alameda.(5)"Northern Division" means the combined geographic limits ofAlameda, Albany,Berkeley, Emeryville, Oakland, and Piedmont; served by the Ren C. DavidsonAlameda County Courthouse.(6)"Southern Division" means the combined geographic limits of Hayward, SanLeandro, Fremont, Newark, Union City, unincorporated areas of Ashland,Castro Valley, Cherryland, Fairview, San Lorenzo, and Washington Township,served by the Hayward Hall of Justice.(7)"Eastern Division" means the combined geographic limits of Dublin, Livermore,Pleasanton, unincorporated areas of Sunol, East to the San Joaquin Countyline, West to Schafer Ranch Road, North to the Contra Costa County Line,South to Andrade Road, and Southeast to the Santa Clara County line; servedby the Gale/Schenone Hallof amended and renumbered effective July 1, 2007;adoptedas rule May 19, 1998; previously amended effective July 1, Judges vacation dayA day of vacation for a judge of the court is an approved absencefor one fullbusiness day.

4 Other absences from the court listed in California Rules of Court, (c)(2)(H) are excluded from this amended and renumbered effective July 1, 2007; adopted as rule July 1, 2001; previously amended effective January 1, [Reserved]Rule (Civil filing venues)repealed effective July 1, 2008;adopted as sections A through E of Appendix to Chapter 1 effective August 1, 2000and renumberedeffective July 1, 2007;previously amended effective January 1, 2002, January 1,2004, January 1, 2007,July 1, 2007,andJanuary 1, Rulesof the Superior Court of California, County of Alameda1-3 Rule Facsimile filingThe court hereby adopts California Rules of Court, rule et seq. for thefacsimile filing of documentsin Civil, Probate, and Family Law proceedings, exceptthose specified in California Rules of Court, rule (b).(a)Filing(1)The facsimile filing number will be posted on the court s website andwill be available at the clerk s office.(2)The court accepts direct filing as well as agency filing.

5 (3)Documents may be faxed to the court 24 hours a day, although filingsreceived after 4 or on court holidays or weekends will be deemedfiled on the next court day.(b)Attorney fax numberIf anattorney represents the party, the attorney must also include his or herfacsimile machine telephone number, designated as a "fax" number belowthe attorney s state bar number.(c)Conformed copiesConformed copies will be available via the court's webpage if permitted bythe California Rules of Court. Otherwise, a conformed copy of the filing will bereturned via facsimile to the number provided unless otherwise requested.(d)AttachmentsEach attachment must be immediately preceded by a faxed insert tab titlepage , blank except for the Title of the tab typed in the lower left-hand cornerof the page. The facsimile usage fee will be assessed for each tab page.(e)Rejected filingsIf a document is rejected for filing, the clerk will fax a Return InformationSheet indicating why the filing was rejected usually within two court amended effectiveJanuary 1, 2009;adopted effective May 19, 1998;previously amended effective August 1, 2000, July 1, 2003, January 1, 2004,January 1, 2007,andJuly 1, Rulesof the Superior Court of California, County of Alameda1-4 Rule Filing of documents in civil, family, and probate mattersAny pleading in civil, family, and probate matters may be filed at any court locationin the county that has a public counter for the acceptance for filing of civil, family,and probate documents except as indicated below:(a)The sole filing venue for actions involving the Lanterman-Petris-Short Act(LPS) is the Ren C.

6 Davidson Alameda County Courthouse.(b)The sole filing venue for actions involving the False Claims Act underGovernment Code sections 12650 12656 (including Qui Tam) is the Ren C. Davidson Alameda County Courthouse (California Rules of Court, (b)).(c)Probate pleadings may not be filed at the George E. McDonald Courthouse.(d)Pleadings for dissolution of marriage, legal separation, nullity, or paternitymay not be filed at the Berkeley Courthouse or the George E. amendedeffective July 1, 2008;adopted as rule effective January 1,2004and renumbered effective July 1, 2007; previously amended effective January1, Composition of jury panels(a)Subpanels establishedThe master jury list will be divided into five subpanels as follows:(1)Oakland locations (Ren County Courthouse,Administration Building, Wiley W. Manuel Courthouse): Residents ofAlbany, Berkeley, Emeryville, Oakland, and Piedmont.(2)Hayward Hall of Justice: Residents of Hayward, San Leandro,unincorporated areas of Ashland, Castro Valley, Cherryland, Fairview,and San Lorenzo.

7 (3)George E. McDonald Hall of Justice: Residents of Alameda.(4)Fremont Hall of Justice: Residents of Fremont, Newark, Union City,and unincorporated areas of Washington Township.(5)Gale/Schenone Hallof Justice: Residents of Dublin, Livermore,Pleasanton, unincorporated areas of Sunol, East to the San JoaquinCounty line, West to Schaefer Ranch Road, North to the Contra CostaLocal Rulesof the Superior Court of California, County of Alameda1-5 County Line, South to Andrade Road, and Southeast to the SantaClara County line.(b)Use of panels and subpanels(1)Panels for criminal casesJurors for felony trials will be drawn from the master jury list. Jurypanels for misdemeanor trials shall be drawn from the subpanel ofresidents from the area in which the charged offense occurred.(2)Panels for civil casesPanels for trials in unlimited jurisdiction civil cases will be drawn fromthe master jury list. Panels for limited jurisdiction unlawful detainercases will be drawn from the subpanel of residents from the areainwhich the property is located or from the pool of jurors summoned tothe courthouse to which the trial has been assigned.

8 For all otherlimited jurisdiction civil cases, jurors will be selected from the subpanelof jurors serving the location in whichthe trial is held, unless no suchsubpanel is available. In that case, jurors may be impaneled from themaster jury list.(c)Use of master panel if subpanel is insufficientIf the number of jurors in a subpanel should prove insufficient, the trial judgewill have the discretion to utilize available jurors drawn from the master amended effective January1, 2008; adopted as rule effective July 1,1999and renumberedeffective July 1, 2007; previously amended effective May 1,2000, January 1, 2001,andFebruary 5, regarding inter-court communication of domestic violencerestraining orders(a)Statement of purposeThis protocol is adopted in compliance with California Rules of Court, , effective January 1, 2004 and renumbered effective January 1, 2007,and complies with California Family Code sections 6380 and 6383, as well asCalifornia Penal Code section as currently amended.

9 (b)Protocol goalsThe goals of this protocol are to:Local Rulesof the Superior Court of California, County of Alameda1-6(1)Establish a procedure for communication among courts issuingcriminal protection orders and courts issuing orders involving childcustody and visitation orders, regarding the existence and terms ofcriminal protective orders and child custody and visitation orders,including:(A)A required procedure for courts issuing child custody orvisitation to make reasonable efforts to determine whether thereexists any criminal court protective order that involves any partyto the action; and(B)A procedure to require courts issuing criminal court protectiveorders to make reasonable efforts to determine whether thereexists any child custody or visitation orders that involve anyparty to the action.(2)Establish a procedure by which the court issuing the criminal courtprotective order may, after consultation with a court issuingsubsequent child custody and visitation orders, modify the criminalcourt protective order to allow or restrict contact between the personrestrained by the order and his or her children.

10 (3)The above-described orders shall include the following:(A)Family law court orders made pursuant to the DomesticViolence Prevention Act ( section 6200 et. seq.);(B)Juvenile court orders made pursuant to W. & I. section ;(C)Criminal court orders made pursuant to where thevictim and the defendant have a relationship as defined in 6211;(D)Civil court orders made pursuant to section wherethe victim and the defendant have a relationship asdefined section 6211;(E)Probate court orders made in guardianship cases.(4)Provide for the co-existence of non-conflicting orders with the followinglimitations:(A)The criminal court protective order under section allother orders in the event of a conflict; andLocal Rulesof the Superior Court of California, County of Alameda1-7(B)All orders involving child visitation with the restrained personshall be specific as to time, date, and location of the visit andshall include provisions for the safe exchange of the ofall parties shall be the court s paramount concern.