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2014 California Rules of Court

Rule 2.816. Stipulation to court-appointed temporary judge

(a) Application

This rule governs a stipulation for a matter to be heard by a temporary judge when the court has appointed and assigned an attorney to serve as a temporary judge in that court.

(Subd (a) adopted effective July 1, 2006.)

(b) Contents of notice

Before the swearing in of the first witness at a small claims hearing, before the entry of a plea by the defendant at a traffic arraignment, or before the commencement of any other proceeding, the court must give notice to each party that:

(1)A temporary judge will be hearing the matters for that calendar;

(2)The temporary judge is a qualified member of the State Bar and the name of the temporary judge is provided; and

(3)The party has a right to have the matter heard before a judge, commissioner, or referee of the court.

(Subd (b) amended and relettered effective July 1, 2006; adopted as subd (a) effective January 1, 2001.)

(c) Form of notice

The court may give the notice in (b) by either of the following methods:

(1)A conspicuous sign posted inside or just outside the courtroom, accompanied by oral notification or notification by videotape or audiotape by a court officer on the day of the hearing; or

(2)A written notice provided to each party.

(Subd (c) amended and relettered effective July 1, 2006; adopted as subd (b) effective January 1, 2001.)

(d) Methods of stipulation

After notice has been given under (a) and (b), a party stipulates to a court-appointed temporary judge by either of the following:

(1)The party is deemed to have stipulated to the attorney serving as a temporary judge if the party fails to object to the matter being heard by the temporary judge before the temporary judge begins the proceeding; or

(2)The party signs a written stipulation agreeing that the matter may be heard by the temporary judge.

(Subd (d) amended effective January 1, 2007; adopted effective July 1, 2006.)

(e) Application or motion to withdraw stipulation

An application or motion to withdraw a stipulation for the appointment of a temporary judge must be supported by a declaration of facts establishing good cause for permitting the party to withdraw the stipulation. In addition:

(1)The application or motion must be heard by the presiding judge or a judge designated by the presiding judge.

(2)A declaration that a ruling by a temporary judge is based on an error of fact or law does not establish good cause for withdrawing a stipulation.

(3)The application or motion must be served and filed, and the moving party must mail or deliver a copy to the presiding judge.

(4)If the application or motion for withdrawing the stipulation is based on grounds for the disqualification of, or limitation of the appearance by, the temporary judge first learned or arising after the temporary judge has made one or more rulings, but before the temporary judge has completed judicial action in the proceeding, the temporary judge, unless the disqualification or termination is waived, must disqualify himself or herself. But in the absence of good cause, the rulings the temporary judge has made up to that time must not be set aside by the judicial officer or temporary judge who replaces the temporary judge.

(Subd (e) amended effective January 1, 2007; adopted effective July 1, 2006.)

Rule 2.816 amended and renumbered effective January 1, 2007; adopted as rule 1727 effective January 1, 2001; previously amended and renumbered as rule 243.18 effective July 1, 2006.

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