FORM 146. STIPULATION FOR APPOINTMENT

Similar documents
PART 24. MANDATORY ARBITRATION

LegalFormsForTexas.Com

PROOF OF EXECUTION BY SUBSCRIBING WITNESS WITNESS SAW EXECUTION

being preempted by the court's criminal calendar.

Information or instructions: Plea in abatement motion & Order to quash service Alternate Form

(e) Appearance of Attorney. An attorney may appear in a proceeding in any of the following ways:

GRANDPARENT VISITATION FORM PACKET

NOTICE OF SMALL CLAIM

District 17B Stokes and Surry Counties Juvenile Courts Supporting Families in Crisis. Abuse, Neglect, Dependency Rules

NOMINATING PETITION FOR PRIMARY CANDIDATES

Investigations and Enforcement

MONTANA UNIFORM DISTRICT COURT RULES

Petition for Single Candidates for November School Elections

CASE NUMBER: DIV 71. It appearing that this case is at issue and can be set for trial, it is ORDERED as follows:

IN THE SUPERIOR COURT OF COUNTY STATE OF GEORGIA., ) ) Plaintiff, ) ) v. ) Civil Action No. ) ), ) ) Defendant. )

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES ) ) ) ) ) )

For Preview Only - Please Do Not Copy

IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION., ) Plaintiff, ) ) CONSENT STIPULATIONS FOR v. ) ARBITRATION PROCEDURES ), ) Defendant.

LOCAL RULES OF CIVIL PROCEDURE FOR THE SUPERIOR COURTS OF JUDICIAL DISTRICT 16B

TO: CHRISTOPHER J. DURKIN, CLERK OF THE COUNTY OF ESSEX. Residence Address

Case 1:12-cv VEC Document 186 Filed 05/27/15 Page 1 of 11. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x

PETITION FOR RULE TO SHOW CAUSE

NOMINATING PETITION FOR GENERAL ELECTION INDEPENDENT CANDIDATES

APPLICATION TO WAIVE MEDIATION FEES (State Standardized Form) GENERAL INSTRUCTIONS

Rules of Procedure TABLE OF CONTENTS

NOMINATING PETITION FOR PRIMARY CANDIDATES

WRIT OF ADMINISTRATIVE MANDATE (MANDAMUS)

INSTRUCTIONS/GUIDELINES for PRIMARY CANDIDATE(S) Running for SUSSEX COUNTY OFFICE

CALIFORNIA RULES OF COURT Title 3. Civil Rules Division 8. Alternative Dispute Resolution Chapter 1. General Provisions

NOMINATING PETITION FOR PRIMARY CANDIDATES

TOM GREEN COUNTY BAIL BOND CORPORATE SURETY LICENSE APPLICATION

For Preview Only - Please Do Not Copy

1. Intent. 2. Definitions. OCERS Board Policy Administrative Hearing Procedures

APPLICATION FOR AUCTIONEER'S LICENSE INSTRUCTIONS

LOCAL COURT RULES JUDICIAL DISTRICT 17A - ROCKINGHAM COUNTY. General Court of Justice-Superior Court Division. State of North Carolina

IN THE TENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF CHURCHILL

Filing a Civil Complaint

IN THE SUPERIOR COURT OF GUAM

GUARDIANSHIP INFORMATION SHEET

APPENDIX A Affidavit in Support of Application to Resign While Proceeding or Investigation is Pending INSTRUCTIONS An application pursuant to section

Proposed Rules for First Reading page 2. Rule 4.3 Withdrawal page 2. Rule 5.1 Prompt Completion page 5

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. versus Civil Action 4:17 cv 02946

Rule 1.8 Service Methods. (a) Except as provided in Rule 4.2 and Rule 8.9, any pleading or document required under these rules to be served on an

MARITIME ARBITRATION RULES SOCIETY OF MARITIME ARBITRATORS, INC.

PREVIEW PLEASE DO NOT COPY THIS DOCUMENT THANK YOU

PARISH OF JEFFERSON ******************************************************************************

***FOR BACKGROUND CHECK ONLY***

SAMPLE Forms must be fill out in person at the City Clerk s Office

PETITION FOR MEMBER OF THE NEW JERSEY GENERAL ASSEMBLY

Case: 1:12-cv Document #: 576 Filed: 07/06/17 Page 1 of 15 PageID #:22601

CHARTER OF THE TOWN OF MANHATTAN, MONTANA PREAMBLE

IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT, IN AND FOR

Termination of Guardianship Minor. Forms and Procedures. For Wyoming MOVANT

Chapter 6 MOTIONS. 6.1 Vocabulary Introduction Regular Motions 7

State Law reference Police force and departments, W. Va. Code, et seq.; powers and duties of law enforcement, W. Va. Code,

GENERAL INFORMATION FOR FILING SUIT IN JUSTICE COURT

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 8 CRIMINAL

EVICTION CASE INSTRUCTIONS

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

Montgomery County. a. Child Counsel Appointment Policies and Procedures. b. Standard Appointment Order

Case 2:17-cv GAM Document 56 Filed 03/23/18 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

Effective September 1, 2018 TABLE OF RULES II. TRANSFER TO ARBITRATION AND ASSIGNMENT OF ARBITRATOR

IN THE MUNICIAPL COURT OF STARKVILLE, MISSISSIPPI. Cause No. PETITION FOR NONADJUDICATION FOLLOWING ENTRY OF GUILTY PLEA DUI OTHER SUBSTANCE

Information or instructions: Motion Order Affidavit for substituted service package PREVIEW

IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS MOTION TO PROCEED IN FORMA PAUPERIS

For Preview Only - Please Do Not Copy

COMPREHENSIVE JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES

Affidavit & Summons of Continuing Garnishment (Ga. Code Title 18, Amended 1981) Affidavit for Continuing Garnishment

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION

DEFENDANT S RESPONSE TO PLAINTIFF S FIRST AND CONTINUING INTERROGATORIES

BYLAWS. PAWS of CNY, Inc. TABLE OF CONTENTS. Article/Section Heading Page ARTICLE I OFFICES 3. Section 1.01 Location 3 ARTICLE II MEMBERS 3

IN THE SUPERIOR COURT OF GUAM

APPENDIX F. NEW JERSEY JUDICIARY APPELLATE PRACTICE FORMS 1. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION CIVIL CASE INFORMATION STATEMENT

- 1 - Questions? Call:

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 3 CIVIL RULES

KATHERINE K. HANNA JUSTICE OF THE PEACE, PCT. #3 BASTROP COUNTY, TEXAS

IN THE COURT OF COMMON PLEAS BELMONT COUNTY, OHIO. : Plaintiff : vs. : FINAL PRETRIAL ORDER : Case No. Defendant :

CHAPTER 4 CIVIL CASE MANAGEMENT

14 th JUDICIAL DISTRICT DISTRICT COURT DIVISION GENERAL CIVIL RULES

IN THE MATTER OF JOHN PETTINATO COIB CASE NO NOVEMBER 18, 2009

INSTRUCTIONS / GUIDELINES PRIMARY PETITION ENDORSING CANDIDATE FOR MUNICIPAL OFFICE

AUCTIONEER S LICENSE INSTRUCTIONS You can now apply on line at the Department of Business Regulation website:

INSTRUCTION SHEET FOR CHANGING AN ADULT S NAME

Pa.R.C.P. No Rule Elimination of Parenting Coordination. Currentness

MINNESOTA JUDICIAL TRAINING UPDATE PARENTING TIME EXPEDITOR VS PARENTING CONSULTANT

"I, A B, do solemnly swear (or affirm) that I will support and defend the Constitution of the

APPLICATION FOR SECOND HAND DEALER LICENSE

MEMORANDUM AND ORDER

SPECIAL MASTER PENDENTE LITE HEARINGS. A. Rule 53 T.R.C.P 1. B. Local Rule A. Order Appointing Special Master 5

IVAMS Administrative and Arbitration Rules (Amended September 22, 2015) IVAMS Administrative Rules

FEES FOR FILING A PETITION TO SEAL/EXPUNGE $1.35 FEE TO PURCHASE A SEAL/EXPUNGE PACKET

IN THE CIRCUIT COURT OF THE 8 th JUDICIAL CIRCUIT, IN AND FOR ALACHUA COUNTY, FLORIDA

Supreme Court of Florida

GREENSBORO BAR ASSOCIATION Young Lawyers Section. September 15, 2017

TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER n: DISPUTE RESOLUTION

STREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES

Case: 2:13-cv CMV Doc #: 92 Filed: 11/14/18 Page: 1 of 6 PAGEID #: 812 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Have you received a request for discovery?

EVERY QUESTION MUST BE ANSWERED OR THE APPLICATION WILL BE RETURNED TO YOU!

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 3. CASE NUMBER(S) AND DATE(S)

Transcription:

FORM 146. STIPULATION FOR APPOINTMENT (Inclusive of All Issues) Attorneys for SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF......, ) CASE NO.: ) Plaintiff, ) STIPULATION FOR APPOINT- ) MENT OF TEMPORARY vs. ) JUDGE; JOINDER BY

) ATTORNEYS; CONSENT OF..., ) TEMPORARY JUDGE ) APPROVAL AND ORDER OF Defendant. ) APPOINTMENT; OATH OF ) OFFICE; CERTIFICATION ) BY TEMPORARY JUDGE Stipulation for Appointment Pursuant to the provisions of California Constitution, Article VI, 21, and CRC 2.831 2.834, the parties litigant personally and through joinder of their respective counsel, hereby stipulate as follows: 1. Temporary Judge: That... [name], a member of the State Bar of California, be appointed as a Temporary Judge, to hear and determine the above-entitled matter until its final determination. The address of... [name], is..., and his/her telephone number is... 2. Parties Litigant and Attorneys: The parties to this cause and their attorneys are: Parties Attorneys

Plaintiff[s] Address: Defendant[s] Address: 3. Issues to be Submitted [Alternatives: Choose one or a combination of the following]: (a) All issues necessary for a complete determination of the cause, as determined by the pleadings on file and which are then at issue, together with such additional issues as the parties, from time to time, may stipulate are to be heard and adjudicated by the Temporary Judge. (b) The Temporary Judge shall hear and conduct a trial of this matter, including all pretrial motions and discovery matters, presiding over the trial, rendition of judgment and the hearing and determination of all post-trial motions. (c) The Temporary Judge shall hear and determine only those pretrial and trial matters pertaining to the issues of liability, if any, of any of the named defendants to the plaintiff for any damages allegedly suffered by the plaintiff. (d) The Temporary Judge shall hear and conduct such settlement conferences and/or proceedings including all or any of the parties to this action as are necessary to effect an entire or any partial settlement amongst all or any of the parties to this matter. It is further agreed that all settlement proceedings had pursuant to this authority shall be convened under the provisions of Ev.C. 1119. (e) All law and motion matters (e.g., applications to amend pleadings, demurrers, motions to strike, motions for summary judgment, etc.). (f) All applications for provisional remedies. (g) All discovery matters (e.g., not only all applications for and to compel discovery, but all proceedings re sanctions, etc.). 4. Compensation and Costs

(a) Temporary Judge's Fees: The compensation of the Temporary Judge shall be at [his/her usual hourly rate] for all of the time spent on the case, including preparation time for motion and discovery matters, actual trial time and reasonable time spent on necessary research and preparation of written rulings and statement of decision, together with time used for all post-trial proceedings allowed by law and pursued by the parties herein. The compensation of the Temporary Judge shall be part of taxable costs herein. (b) Certified Shorthand Reporter: Unless waived by each [party/side], a certified shorthand reporter shall be present at all proceedings before the Temporary Judge, and shall make a record thereof. The fees of the reporter shall be taxable as part of the costs in the case. (c) Unpaid Fees and Costs: Any sums due and unpaid to the Temporary Judge and to the reporter, by any [party or parties/side or sides] to this cause, shall be included in and ordered paid as part of taxable costs herein, in the final judgment. (d) Payment Options: [Each (party/side) shall bear and pay all taxable costs herein equally]. [Based upon the estimate of time agreed to by the parties, the Temporary Judge shall set an estimated amount for the compensation of the Temporary Judge and the reporter. This sum shall be paid in advance before commencement of proceedings by the Temporary Judge, one-half thereof to be paid by each (party/side).] [The compensation of the Temporary Judge and reporter as well as any other taxable costs shall be allocated between the respective (parties/sides) by the Temporary Judge as a part of the judgment herein.] 5. Trial Date: The parties desire to have the matter determined as soon as practically possible. The trial date shall be determined by agreement of the parties and the Temporary Judge, or if the parties cannot agree, then by the Temporary Judge alone. [Alternate: The Temporary Judge and the parties have set the trial date to be (date).] 6. Successor Temporary Judge: In the event [designated judge] becomes unavailable and the parties are unable to agree on a replacement, the Court shall have the power to appoint a successor temporary judge. [Use Note: The court has no power to appoint a successor temporary judge unless this paragraph is included; see 6:20.1] 7. Court Facilities and Personnel: The parties do not desire to use court facilities and court personnel. 8. Private Facility: The proceedings will be conducted in a private JAMS facility. Address:

Plaintiff[s] Defendant[s] Joinder by Counsel of Record The foregoing stipulation is approved as to form and content, and counsel of record for the respective parties join therein, and on behalf of their respective clients do hereby so stipulate. Attorney for Plaintiff[s] Attorney for Defendant[s] Consent I,... [name], a member of the State Bar of California, consent to act as Temporary Judge until final determination of this matter as set forth in the above Stipulation. Temporary Judge Designee

Approval and Order Designating Temporary Judge Good cause appearing therefor, it is ordered: 1. The stipulation of the parties that... [name], act as Temporary Judge in this cause be and it is hereby approved. 2.... [name], having consented to so act, is hereby appointed and designated as Temporary Judge to hear and determine this matter until its final determination in the Superior Court, upon his/her taking and subscribing the oath of office, and certifying that he/she will comply with applicable provisions of Canon 6 of the California Code of Judicial Ethics and the California Rules of Court. 3. This case is assigned to said Temporary Judge and the Clerk of this Court is directed to deliver the Court file and exhibits to the Temporary Judge or to any counsel of record for delivery to the Temporary Judge, to be returned to the Clerk of this Court upon final determination of the matter herein. 4. Court Facilities and Personnel: The use of court facilities and court personnel is not authorized. 5. Private Facility: The proceedings will be conducted in a private facility. [Presiding Judge] [Supervising Judge] of the Superior Court...

Oath of Office I,... [name], do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Temporary Judge Subscribed and sworn to before me this...... day of..........,... [Judge of the Superior Court] [Certified Retired Judge of the Superior Court]

Certification by Temporary Judge I,... [name], certify that I am aware of and will comply with applicable provisions of Canon 6 of the California Code of Judicial Ethics and the California Rules of Court. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Temporary Judge END OF DOCUMENT 1992-2011 by The Rutter Group, a Thomson Reuters Business Reproduced with permission of The Rutter Group, a Thomson Reuters business, from Knight, Chernick, Haldeman & Bettinelli, California Practice Guide: Alternative Dispute Resolution (TRG 2011). All rights reserved.