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.

2 Division, section, rule, and paragraph headingsdo not affect the scope, meaning, or intent of the provisions ofthese Rules . 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.

3 (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) 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.

4 (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.

5 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.

6 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.(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.

7 (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.

8 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. 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.

9 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.)

10 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.(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.