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Friday, April 18, 2014
Rule 1: General Rules


RULE 1. GENERAL RULES

1.1NAME, CITATION AND EFFECTIVE DATE

(a) Rules Citation. These rules shall be known as the Sierra County Superior Court Rules and may be cited as SCR. These rules become effective on January 1, 2009 and supersede all other local rules previously adopted by the Sierra County Superior Court.

(b) Construction And Application Of Rules. These rules shall be construed and applied in such a manner as to not conflict with the California Rules of Court and shall be liberally construed to serve the proper and efficient administration of justice in the Superior Courts of Sierra County. The Court may sua sponte or on motion change, dispense with, or waive any of these rules in the interest of justice.

(c) Severability Of Rules. If any of these rules are found to be in conflict with any statute, rule or decision, the rule(s) shall be deemed to conform to said statute, rule or decision, and the remaining rules shall remain in force and effect.

(d) Telephonic Appearance. All counsel are required to be present at any contested hearing. Counsel may appear telephonically at all uncontested hearings, such as a Case Management Conference.

If counsel wish to appear telephonically for a contested hearing, permission must first be granted by the Court. Counsel may apply ex parte to the Judicial Secretary for such permission.

Sierra County Courts use CourtCall for telephonic hearings. Counsel are required to contact CourtCall to make arrangements to appear telephonically. The telephone number of CourtCall is 1-888-88COURT. (Eff. 01/01/09)

1.2SANCTIONS 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 any and all sanctions authorized by law. (Eff. 01/01/09)

1.3GENERAL POLICY RE: COURTROOM DECORUM

(a) Courtroom Decorum rules have been adopted to foster orderly proceedings and respect for the Constitution of the United States, the Constitution of the State of California, the laws of this State, and the Superior Court.

(b) The rules of Courtroom Decorum set forth herein shall apply in all Superior Court proceedings unless a judicial officer orders otherwise in a particular circumstance. A judicial officer, upon appropriate application in a particular case, may waive the application of any particular rule or may impose additional rules applicable to such case.

(c) Each attorney who appears in court should:

(1) Pursuant to Business and Professions Code §6068(b) “maintain the respect due to the courts of justice and judicial officers.”

(2) Be polite and considerate toward opposing counsel, opposing parties, witnesses, and members of the court’s staff.

(3) Be familiar with the rules and guidelines set forth in this section as well as other applicable statutes and rules of conduct, ethics, and professionalism.

(4) Make reasonable efforts to advise clients, witnesses, and others accompanying them of these rules, and make a reasonable attempt to see that such persons abide by these rules. (Eff. 01/01/09)

1.4COURTROOM ATTIRE

(a) All attorneys, litigants, witnesses and spectators shall be required to dress and conduct themselves in a manner consistent with the traditional dignity of the Superior Court.

(b) All persons in the courtroom should dress in a manner that is not offensive or distracting to others of usual sensibilities. Counsel shall so instruct parties they represent, witnesses they call and persons accompanying them. No persons shall appear in court without a shirt, barefoot or with a bare midriff. The following shall not be worn in court: shorts, tank tops, or any clothing that displays inappropriate words or pictures.

(c) Bailiffs will remove any person from court who violates this rule. This rule does not limit the power of any judicial officer to further prescribe appropriate attire in the courtroom. (Eff. 01/01/09)

 


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