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2014 California Rules of Court

Rule 10.201. Claim and litigation procedure

(a) Definitions

As used in this chapter:

(1)"Judicial branch entity" is as defined in Government Code section 900.3;

(2)"Judge" means a judge or justice of a judicial branch entity;

(3)"Office of the General Counsel" means the Office of the General Counsel of the Administrative Office of the Courts; and

(4)"Litigation Management Committee" means the Litigation Management Committee of the Judicial Council.

(Subd (a) amended effective January 1, 2007.)

(b) Procedure for action on claims

To carry out the Judicial Council's responsibility under Government Code section 912.7 to act on a claim, claim amendment, or application for leave to present a late claim against a judicial branch entity or a judge, the Office of the General Counsel, under the direction of the Administrative Director of the Courts, must:

(1)On receipt of a claim, claim amendment, or application for leave to present a late claim forwarded by a judicial branch entity, promptly consult with a representative of that entity about the merits of the claim, claim amendment, or application for leave to present a late claim;

(2)Grant or deny an application for leave to present a late claim under Government Code section 911.6(b);

(3)If determined by the Office of the General Counsel to be appropriate, refer a claim or claim amendment for further investigation to a claims adjuster or other investigator under contract with the Administrative Office of the Courts;

(4)Reject a claim if it is not a proper charge against the judicial branch entity or judge;

(5)Allow a claim in the amount justly due as determined by the Office of the General Counsel if it is a proper charge against the judicial branch entity and the amount is less than $100,000; and

(6)Make recommendations to the Litigation Management Committee regarding proposed settlements of claims requiring payments of $100,000 or more.

(Subd (b) amended effective December 9, 2008; previously amended effective January 1, 2007.)

(c) Allowance and payment of claims

The following may allow and authorize payment of any claim arising out of the activities of a judicial branch entity or judge:

(1)The Office of the General Counsel, under the direction of the Administrative Director of the Courts, if the payment is less than $100,000; or

(2)The Litigation Management Committee, for any claim.

(Subd (c) amended effective December 9, 2008.)

(d) Settlement of lawsuits and payment of judgments

The following may settle lawsuits, after consultation with the affected entity and any judge or employee being defended by the Judicial Council, and authorize payment of judgments arising out of the activities of a judicial branch entity or judge:

(1)The Office of the General Counsel, under the direction of the Administrative Director of the Courts, if the payment is less than $100,000 and the lawsuit does not raise issues of significance to the judicial branch; or

(2)The Litigation Management Committee, for any settlement or judgment.

(Subd (d) amended effective December 9, 2008.)

Rule 10.201 amended effective December 9, 2008; adopted as rule 6.201 effective January 1, 2003; previously amended and renumbered effective January 1, 2007.

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