Ventura Superior Court Local Rules

After trial date has been assigned it shall be the duty of counsel to inform the assigned judge of any fact tending to indicate that the case may not proceed to trial on the date to which it has been assigned. In the event of settlement, counsel or parties appearing in person shall immediately notify the court thereof. Failure to do so may be deemed as unlawful interference with the proceedings of the court. (Effective 1/1/97)

Matters may be set on calendar only by the clerk or order of a judge. (Effective 1/1/97)

A. ADOPTION. Effective on July 1, 1979, the Ventura Superior Court adopts and elects to come within the provisions of sections 1141.11 et seq. of the California Code of Civil Procedure and California Rules of Court 3.810, et seq., relating to mandatory judicial arbitration.

B. ADMINISTRATIVE COMMITTEE. TThe committee for administration of the Judicial Arbitration program shall consist of the Presiding Judge of the court; the Arbitration Administrator; two representatives each of the plaintiff and defense bar. Arbitration Committee members shall serve until removed or replaced by order of the court.

C. ARBITRATION ADMINISTRATOR. The Executive Officer and Clerk of the court is designated as Arbitration Administrator.

D. ARBITRATION PANEL. A single arbitration panel shall be utilized in this program, with panelists representative of appropriately varying legal specialties to the extent practicable, and approved by the administrative committee. Panel members shall serve until removed or replaced by the administrative committee.

E. ARBITRATION CALENDARING. The Executive Officer and Clerk shall calendar all arbitration hearings as provided by statute, California Rules of Court, and rules of this court. All trial setting conferences, pretrial conferences, settlement conferences, and trial dates shall be considered a conference during which the court may determine the appropriateness of the case for the Judicial Arbitration program, and the amount in controversy as provided by rule 3.811 California Rules of Court. Counsel are to be prepared to fully discuss such matters at such times.

F. FACILITIES. The availability of court facilities being limited and necessary for formal court proceedings, arbitrators are strongly encouraged to schedule arbitration hearings for the arbitrator's office or other appropriate location agreed upon between parties to the arbitration. All arbitration hearings shall be held within the County of Ventura unless all parties and the arbitrator stipulate to a different location. Arbitrators shall keep the Case Management unit advised of the dates and locations of all arbitration hearings and continuances thereof.

G. ARBITRATOR AWARDS; FEES. All arbitrator's awards shall be filed with the court pursuant to rule 3.825(b) of the California Rules of Court, within ten (10) days after conclusion of the arbitration hearing, and no fee shall be paid to any arbitrator until such award has been filed. Repeated failure to comply with this rule shall be grounds for removal of the arbitrator from the arbitration panel.

H. NUMBER OF ARBITRATORS ON A PANEL. As permitted by Rule 3.815(c), California Rules of Court, the arbitration administrator shall select at random a number of prospective arbitrators equal to the number of sides plus two. (Revised effective 1/1/07)

An appointed arbitrator shall set the arbitration hearing so as to be completed no later than 60 days from the appointment and shall not continue the hearing date unless good cause exists. In the event that the hearing date is continued, the hearing must be held within 90 days of the appointment of the arbitrator. This rule may not be waived by any party or by the arbitrator. All cases continued shall be reported to the arbitration administrator. No continuance of judicial arbitration to a hearing date more than 90 days after the appointment shall be made unless ordered by the court after the parties have:

A. Stipulated to the continuance in writing accompanied by a declaration establishing good cause as set out in rule 3.1332 of the California Rules of court;

B. Arranged for a new date with the arbitrator and include that date in the stipulation and order;

D. Filed all of the above three (3) court days prior to the current arbitration date.

A hearing is "completed" upon filing of the arbitrator's award with the clerk. (Revised effective 1/1/07)

RULE 6.05 TELEPHONIC APPEARANCES-TRIAL CONTROL CALENDARS (Deleted effective 1/1/99)

Counsel shall prepare and serve on all other parties and the arbitrator, no later than ten (10) days prior to the arbitration hearing, a statement setting forth and discussing in detail the facts and law pertinent to the issues of liability, damages or both involved in the case as to the party or parties represented by that counsel. The statements, where relevant, shall contain an itemization of special damages claimed with dates therefor. The nature, extent and prognosis of any claimed physical injury shall be described fully and copies of medical reports shall be attached to the statement. The statement shall not contain or disclose any offers of settlement. The statement shall contain a declaration that all parties have discussed the case and have attempted in good faith to settle the case. (Effective 7/1/02)

All cases in which the time estimate for trial is less than one day are excluded from mandatory arbitration on the grounds that arbitration of such cases generally will not reduce the probable time and expense to resolve the litigation. However, any such case may be arbitrated upon stipulation, upon request of any party, or upon order of the court. Cases specifically excluded by statute shall not be the subject of mandatory arbitration. (Effective 1/1/97)

A. When it is determined a defendant or respondent is in the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act of 1940 (50 U.S.C. Appen. 501 - 591), counsel for the plaintiff shall, prior to the initial case management conference, determine the defendant's/respondent's ability to appear and defend the action. No later than the time of the initial conference, the plaintiff shall advise the court of the defendant's/respondent's ability to proceed, and, if necessary, shall apply for one of the orders under subdivision C of the rule.

B. When a defendant, respondent or a cross-defendant other than the plaintiff communicates to the court in writing that he or she is in the military service and claims the benefits of the Servicemembers Civil Relief Act of 1940, the court shall order the matter set on the case management conference calendar no sooner than sixty (60) days after the defendant's/respondent's/cross-defendant's notification to the court. The court shall notify the plaintiff of the defendant's/respondent's communication by serving a copy upon plaintiff. Plaintiff shall then serve upon defendant/respondent notice of the case management conference (subdivision D of this rule). At the case management conference, the court shall make the findings required under subdivision E of this rule based upon the evidence presented at the conference.

C. At the case management conference, the court may make one of more of the following orders:

1. If, by the initial case management conference, the plaintiff is unable to advise the court of the defendant's/respondent's ability to proceed, the action shall be stayed for a reasonable time not to exceed sixty (60) days, so that a hearing may be held to determine the defendant's/respondent's ability to appear and defend, and whether the defendant/respondent will be prejudiced if the action proceeds in his or her absence. The plaintiff shall serve upon defendant/respondent notice of stay and of the hearing to determine prejudice (subdivision D of this rule). If the notice of stay and of the hearing cannot be timely served upon the defendant/respondent, and plaintiff submits evidence to the court that it is either not feasible or unduly expensive to effect service upon the defendant/respondent at that time, the court shall so find, and shall dismiss the action without prejudice, reserving jurisdiction to reopen the case if the plaintiff notifies the court that service can be effected upon the defendant/respondent. If plaintiff submits evidence that convinces the court that the defendant/respondent has, in fact, received notice of the hearing but has chosen to ignore it, the court shall so find and the action shall proceed in due course;

2. That counsel be appointed to represent the defendant/respondent;

3. Any order necessary to further the delay reduction policies set forth in standards 2.1 and 2.2 of the Standards of Judicial Administration of the California Rules of Court.

D. Any notice given pursuant to subdivision B or C.1 of this rule shall be served on the defendant/respondent by the plaintiff in any manner provided in the Code of Civil Procedure for service of summons. Such notice shall include a statement that if the defendant/respondent is unable to appear personally and is requesting a stay of the action because he or she is unable to appear and defend the action at that time, or would otherwise be prejudiced if the action went forward, and that the defendant/respondent must serve upon the plaintiff and the court prior to the case management conference an affidavit or declaration under penalty of perjury describing specific facts showing why the defendant/respondent cannot appear and defend, or why the defendant would be prejudiced if the action were to go forward in his or her absence. The defendant/respondent shall also state when her or she will be able to appear and defend. The notice to the defendant shall clearly state that the defendant's failure to provide an affidavit or declaration under penalty of perjury stating the facts showing why the action should not go forward, or why the defendant/respondent would be prejudiced if the action were to go forward, will be construed by the court as an admission that the defendant/respondent will not be prejudiced if the action went forward in the defendant's absence.

E. If an order is made under C.1 of this rule and notice of stay and of the hearing is served on the defendant pursuant to subdivision D of this rule, the court shall set a hearing and shall make specific findings on the record as to the following issues:

1. The defendant/respondent is in the military and is entitled to the benefits of the Servicemembers Civil Relief Act of 1940;

2. The defendant's/respondent's present ability to appear and defend the action; and

3. The prejudice to the defendant/respondent if the action proceeds in the defendant's absence.

F. If the court makes a finding that the defendant/respondent is able to appear and defend, the court shall order the action to proceed in due course. If a stay is requested by the defendant/respondent, and the evidence shows that defendant is not currently able to appear and defend or would otherwise siffer prejudice if the action proceeded in his or her absence, and a stay is necessary to permit the defendant/respondent to make arrangements to appear and defend, the court shall stay the action for a reasonable time, generally not to exceed sixty (60) days. (Revised effective 1/1/07)