Amended by Stats. 1998, Ch. 1004, Sec. 1.5. Effective January 1, 1999.
Chapter 1 - General Provisions
California Government Code — §§ 68070-68114.10
Showing inline text for up to 20 sections. Open a section link to read its full text.
Sections (70)
Added by Stats. 1978, Ch. 596.
at the time the communication is transmitted all the parties are sent a copy.
Amended by Stats. 2008, Ch. 218, Sec. 3. Effective January 1, 2009.
No rule adopted by a superior court shall take effect until January 1 or July 1, whichever comes first, following the 45th day after it has been filed with the Judicial Council and the clerk of the court, and made immediately available for public examination. The Judicial Council may establish, by rule, a procedure for exceptions to these effective dates.
Amended by Stats. 2002, Ch. 784, Sec. 200. Effective January 1, 2003.
Rules adopted by the Judicial Council, the Supreme Court, or a court of appeal shall take effect on a date to be fixed in the order of adoption. If no effective date is fixed, those rules shall take effect 60 days after their adoption. Rules adopted by a superior court shall take effect as provided in Section 68071.
Added by Stats. 1997, Ch. 850, Sec. 28. Effective January 1, 1998.
court and the county or city and county.
Added by Stats. 1953, Ch. 206.
Each court shall have a seal.
Amended by Stats. 2002, Ch. 784, Sec. 202. Effective January 1, 2003.
The seal of any superior court may be affixed by a seal press or stamp which will print or emboss a seal which will reproduce legibly under photographic methods.
Added by Stats. 1953, Ch. 206.
The seal used by the Supreme Court abolished by the Constitution of 1879 shall be the seal of the Supreme Court provided for in this title. The Supreme Court may direct its clerk to provide two duplicates of the seal, each of which shall have the same effect as the original.
Amended by Stats. 2007, Ch. 738, Sec. 15. Effective January 1, 2008.
The seals of the superior courts shall:
[____],” inserting the name of the county.
The seal of any such court, which has been adopted before April 1, 1880, shall be the seal of such court until another is adopted.
Amended by Stats. 2003, Ch. 149, Sec. 19. Effective January 1, 2004.
A court for which the necessary seal has not been provided, or the judges of that court, shall provide it. The expense shall be an item of court operations.
Amended by Stats. 1989, Ch. 1417, Sec. 6.
The clerk of the court shall keep the seal of the court.
Added by Stats. 2001, Ch. 387, Sec. 4. Effective January 1, 2002.
a public official is evidence of intent to deceive.
Amended by Stats. 1998, Ch. 931, Sec. 224. Effective September 28, 1998.
Before the Supreme Court, a court of appeal, or the appellate division of a superior court renders a decision in a proceeding other than a summary denial of a petition for an extraordinary writ, based upon an issue which was not proposed or briefed by any party to the proceeding, the court shall afford the parties an opportunity to present their views on the matter through supplemental briefing. If the court fails to afford that opportunity, a rehearing shall be ordered upon timely petition of any party.
Amended by Stats. 2002, Ch. 784, Sec. 204. Effective January 1, 2003.
Except as otherwise provided by law, during the officer’s continuance in office, a court commissioner, judge, or court executive or administrative officer shall not practice law in any court of this state or act as attorney, agent, or solicitor in the prosecution of any claim or application for lands, pensions, patent rights, or other proceedings before any department of the state or general government or courts of the United States. As used in this section, the practice of law includes being in partnership or sharing fees, commissions, or expenses in the
practice of law with any person acting as an attorney in this state.
Added by Stats. 2012, Ch. 470, Sec. 46. (AB 1529) Effective January 1, 2013.
Each salaried officer of a superior court shall charge, collect, and promptly deposit the fees allowed in each case, as provided by law. No salaried officer who collects fees shall be required to accept coin in payment of those fees.
Added by Stats. 2012, Ch. 470, Sec. 47. (AB 1529) Effective January 1, 2013.
Each officer of a superior court authorized to collect money shall pay into the county treasury all money collected by that officer, or under the officer’s control, that is payable into the treasury in a timely manner, and shall remit fee, fine, and forfeiture data within 35 days after the end of the month in which they are collected to the county auditor and treasurer in the form they require. No officer who collects money as described in this section shall be required to accept payment in coin. If the county auditor finds that an officer of the court has failed to comply with the requirements for payment of moneys pursuant to this section or Section 68101, which directly results in the assessment of a financial penalty pursuant to Section 68085, the superior court that failed to comply
shall reimburse the county general fund in an amount equal to the actual penalty. With the approval of the treasurer as provided in Section 27080.1, each depositing officer may deposit directly into the treasurer’s active account all money payable into the county treasury. On and after January 1, 2006, this section does not apply to money collected under Chapter 5.8 (commencing with Section 70600) of Title 8 or fees and fines to which Section 68085.1 applies.
Amended by Stats. 2005, Ch. 75, Sec. 99. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.
the auditor that a duplicate receipt has been filed is necessary before the clerk, judge, or party required to deposit the money is entitled to a discharge of the obligation imposed upon the clerk, judge, or party to make the deposit.
Judicial Council under subdivision (a) of Section 77009.
Amended by Stats. 2010, Ch. 212, Sec. 9. (AB 2767) Effective January 1, 2011.
Restitution Fund exclusively for the purposes of providing victim services or into the general fund of a county that administers a victim services program exclusively for the provision of victim services.
claimant’s name, address, amount of claim, the grounds on which the claim is founded, and any other information that may be required by the court executive officer. The claim shall be filed before the designated date on which unclaimed money becomes the property of the court as provided under subdivision (b), and the executive officer shall accept or reject that claim.
decision or the claim is settled. Any portion of the unclaimed money not covered by the verified complaint shall become the property of the court if no other claim or verified complaint has been filed regarding it within the time specified in this section. If the party that submitted the claim does not file a verified complaint within 30 days after the date that the court mailed notice that the claim was rejected or within 60 days after the claim was filed, the money shall become the property of the court.
executive officer.
section to appropriate superior court staff.
Amended by Stats. 2022, Ch. 57, Sec. 3. (AB 199) Effective June 30, 2022.
State Trial Court Improvement and Modernization Fund to fund the costs of operating one or more trial courts upon the authorization of the participating courts. These paid or reimbursed costs may be for services provided to the court or courts by the Administrative Office of the Courts or payment for services or property of any kind contracted for by the court or courts or on behalf of the courts by the Administrative Office of the Courts. The amount of appropriations from the State Trial Court Improvement and Modernization Fund under this subdivision may not exceed 20 percent of the amount deposited in the State Trial Court Improvement and Modernization Fund pursuant to subdivision (a) of Section 77205. The direct payment or reimbursement of costs from the Trial Court Trust Fund may be supported by the reduction of a participating court’s allocation from the Trial Court Trust Fund to the extent that the court’s expenditures for the program are reduced and the court is supported by the expenditure. The
Judicial Council shall provide the affected trial courts with quarterly reports on expenditures from the Trial Court Trust Fund incurred as authorized by this subdivision. The Judicial Council shall establish procedures to provide for the administration of this paragraph in a way that promotes the effective, efficient, reliable, and accountable operation of the trial courts.
otherwise be paid by the county or city and county in which the court is located.
except as specified in subdivision (d) of this section and subdivision (a) of Section 68085.7, this section applies to all fees and fines collected on or before December 31, 2005, pursuant to Sections 116.390, 116.570, 116.760, 116.860, 177.5, 491.150, 704.750, 708.160, 724.100, 1134, 1161.2, and 1218 of the Code of Civil Procedure, Sections 26824, 26828, 26829, 26834, and 72059 of the Government Code, and subdivisions (b) and (c) of Section 166 of the Penal Code.
provision of law, no agency may take action to change the amounts allocated to any of the funds described in subdivision (a), (b), (c), or (d).
with this section shall be considered delinquent, and subject to the interest and penalties specified in this section.
11/2percent per month from the date 30 days after the date of the issuance by the Controller of the final audit report concerning the failure to pay.
paid from the Trial Court Operations Fund for that court.
the Trial Court Trust Fund quarterly and shall be allocated among the courts in accordance with the requirements of subdivision (a).
expend any of these funds on the system known as the Court Case Management System without consent from the Legislature, except for the maintenance and operation of Court Case Management System Version 2 and Version 3.
Amended by Stats. 2022, Ch. 851, Sec. 5. (SB 688) Effective January 1, 2023.
for expenses incurred by the court.
and specified by the Administrative Office of the Courts. The deposits shall be made as required by rules adopted by, and financial policies and procedures authorized by, the Judicial Council under subdivision (a) of Section 77206. Within 15 days after the end of the month in which the fees and fines are collected, each court, and each county that collects any fines or fees under subdivision (a), shall provide the Administrative Office of the Courts with a report of the fees by categories as specified by the Administrative Office of the Courts. The Administrative Office of the Courts and any court may agree upon a time period greater than 15 days, but in no case more than 30 days after the end of the month in which the fees and fines are collected. The fees and fines listed in subdivision (a) shall be distributed as provided in this section.
(A) To the small claims advisory services, as described in subdivision (f) of Section 116.230 of the Code of Civil Procedure.
(B) To dispute resolution programs, as described in subdivision (b) of Section 68085.3 and subdivision (b) of Section 68085.4.
(C) To the county law library funds, as described in Sections 116.230 and 116.760 of the Code of Civil Procedure, subdivision (b) of Section 68085.3, subdivision (b) of Section 68085.4, and Section 70621 of this code, and Section 14607.6 of the
Vehicle Code.
(D) To the courthouse construction funds in the Counties of Riverside, San Bernardino, and San Francisco, as described in Sections 70622, 70624, and 70625.
(E) Commencing July 1, 2011, to the Trial Court Trust Fund, as described in subdivision (e) of Section 70626, to be used by the
Judicial Council to implement and administer the civil representation pilot program under Section 68651.
deposited. Upon the receipt of any delinquent payment required under this subdivision, the Controller shall calculate a penalty as provided under subdivision (i).
shall be added to the monthly apportionment for that court under subdivision (a) of Section 68085.
of the paragraphs contained in subdivision (a), the fee may be deposited as if it were collected under the paragraph of subdivision (a) that corresponds to the predecessor of that paragraph and distributed in prorated amounts to each fund or account to which the fee in subdivision (a) must be distributed.
11/2percent per month for the number of days the payment is delinquent. The penalty shall be paid from the Trial Court Trust Fund. Penalties on delinquent payments under subdivision (d) shall be calculated only on the amounts to be distributed to the Trial Court Trust Fund and the State Court Facilities Construction Fund, and each penalty shall be distributed proportionately to the funds to which the delinquent payment was to be distributed.
pursuant to this section shall be paid from the court operations fund for that
court. The penalty shall be paid by the court to the Trial Court Trust Fund no later than 45 days after the end of the month in which the penalty was calculated. If the penalty is not paid within the specified time, the Administrative Office of the Courts may reduce the amount of a subsequent monthly allocation to the court by the amount of the penalty on the delinquent payment.
penalty was calculated.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.
Open the section link to read its full text.