CHAPTER 3 - FORM, PRESENTATION FILING, SERVICE, AND MAINTENANCE OF COURT PAPERS

3.1 Proposed Judgments, Decrees, and Orders in Uncontested Matters

In uncontested proceedings (e.g., uncontested dissolution of marriage, default judgment, and routine probate applications), an original and one copy of the proposed judgment, decree or order sought in the proceeding shall be presented to the clerk prior to the clerk's preparation of the calendar upon which such matter is proposed to be heard and the clerk shall not place upon such proceeding on the calendar for hearing unless the original and copy of the proposed judgment, decree or order shall have been so presented. The copy mentioned in the foregoing requirement is in addition to any copy which counsel desire to have endorsed and retrurned to counsel by the clerk. (eff. 6/30/91)

3.2 Filing and Service of Orders

All written orders, including orders to show cause, orders for examination of judgment debtors, temporary restraining orders and injunctions, signed by a judge, shall be filed forthwith. An endorsed copy shall be served uon the parties to be notified thereof and an endorsed copy, bearing proof of service, shall be filed not later than five calendar days prior to the hearing. (eff. 6/30/91)

3.3 Entry of Court Orders in Minutes

The Clerk shall keep minutes of court orders and shall place a copy of each minute order in the court's file of action sin chronological order in lieu of a minute book. Prior to the destruction of such records, the clerk shall cause a microfilm copy thereofto be made as part of the permanent records of the court. (eff. 6/30/91)

3.4 Headings on Pleadings Identifying Parties

Each pleading shall contain a heading which includes a brief description of the nature of the pleadings and the identity of the party for whom it is filed (e.g., "Defendant Dorothy SMith's Answer to Complaint" or "Cross-Defendant Peter Rosss Answer to Cross-COmplaint of Acme Corporation"). The clerk shall not accept for filing or file any papers which do not comply with this rule. (eff. 6/30/91)

3.5 Headings on Motions and Orders

Each motion and order shall contain a heading which includes a brief description of the order sought or granted and parenthetical reference to the basic statute authorizing the motion or order (e.g., "Defendant Dorothy Smith's Notice of Motion for Order Striking Part of Complaint (C.C.P. §435)" or "Order Granting Plaintiff's Motion for Summary Judgment (C.C.P. §437c)") The clerk shall not accept for filing or file any papers which do not comply with this rule. (eff. 6/30/91)

3.6 Pleadings and Records in Eminent Domain Actions and Actions for Foreclosure of Bonds and Assessments Involving More than One Parcel of Property

In eminent domain actions and actions for forclosure of bonds and assessments involving more than one parcel of property, the plaintiff's complaint shall set forth, in addition to the matters required by §1250.310 of the Code of Civil Procedure, numbers or symbols to identify each of the parcels of property. A defendant's answer, demurrer, or written appearance shall set forth, in the space below the number of the case and in parenthesis, the parcel numbers or symbols that identify the property claimed by defendant. Within ten days after service of each defendant's pleading, the plaintiff shall file a duplicate copy of plaintiff's complaint, summons, lis pendens, and other pertinent documents. A defendant who claims more than one parcel of property shall file a copy of defendant's pleading for each parcel claimed by defendant. A copy of such pleading shall be filed by the clerk in the appropriate parcel file. The clerk shall include in the register opposite the name of each defendant the numbers or symbols that identify the property in which defendant is alleged to have an interest. The clerk shall file the pleading of each of the defendants in separate file folders following the file folder that contains the original complaint. All the file folders shall have the same tab position and bear the number of the action. Following the number of the action, the file folder of each defendant shall set forth the parcel numbers or symbols identifying the property claimed by defendant. Thereafter, all papers pertaining to that property shall be filed in that folder. (eff. 6/30/91)

3.7 Form of Documents Presented for Filing

a) The word "documents" as used in this rule includes all documents, except for"papers,"as that term is defined in rule 201, subd. (a), California Rules of Court, which are offered for filing in any case in the Lake County Superior Court, including printed forms of the type furnished by the clerk of the court or promulgated by the California Judicial Council.

b) All documents shall be clear and legible.

c) Any material inserted into blanks on a document shall be inserted by typewriting in a standard or customary style, not including ornate or cursive styles, and in a type size not smaller than pica.

d) A document which is provided by photocopying a printed form of the type furnished by the clerk of the court or promulgated by the Judicial Council shall possess the same format, with respect to the face and reverse sides of the form, as does the printed form which is copies.

e) A document produced by "fax" transmission must possess those characteristics required by this rule and by rule 201, California Rules of Court.

f) The clerk of the court shall not accpet for filing or file any document which does not comply with this rule; provided, however, that for good cause shown, the court may permit the filing of a document which does not comply herewith. (eff. 6/30/91)

3.8 Presentation of Ex Parte Applications to Presiding Judge

All applications for any order or other action by the court or a judge thereof, except for those regularly noticed for hearing upon motion, shall be presented to the presiding judge. Included within this requirement are requests for restraining orders and calendar assignments or reassignments as well as applications relating to criminal and juvenile matters. (eff. 6/30/91)