Law Offices of
Kirk K. Livermont
Offices in Independence and Bishop
MEMORANDUM
RE
CHANGE/MODIFICATION
OF PROCEDURES
FEBRUARY
24, 1997
TO: ALL
FROM:
OFFICE OF CLERK OF SUPERIOR COURT
Arlene Grider, Assistant
Today a discussion was held with Judge Copper to establish a consistent
policy for specific procedures regarding the following:
#1
STIPULATIONS
All stipulations including Stipulations for Continuance, are to be
approved and signed by the Judge. Stipulations
when presented must contain the following after the signatures of the parties:
"So ordered", with a date and signature line for the judge.
If stipulations are received without the above statement they are to be
returned to counsel for completion as above.
A faxed stipulation is not acceptable unless it contains the provision
provided for in #2 below.
When a stipulation for continuance is signed by the court, the hearing
is then off-calendar by stipulation and minutes are not required, however, the
event will be dispo'ed showing no action on the hearing date but was continued
by stipulation to (date). The court
clerk is immediately notified the hearing is off.
If a stipulation has been faxed and the matter is on calendar the same
day the fax is received or received late on the day prior to the hearing, the
stipulation will be received and presented to the court.
In this instance, the case remains on calendar and the court clerk will
dispo the event and minute order is prepared.
#2.
FAXED DOCUMENTS
Faxed documents can not be filed directly with the Inyo County Superior
Court. Our local Rules of Court do
not allow the filing
of faxed documents. However,
the following provisions will allow for the filing of faxed documents:
(1)
The following statement or similar is included within the document when
prepared by counsel and signed by counsel(s).
"A
facsimile of the original signature(s) is deemed to have the same force and
effect as the original signature(s)."
This provision is especially useful for the last minute stipulations for
continuances. It has also been used
for issuance of TRO/OSC on Domestic Violence when no local judge is available
for signature and the TRO/OSC has been faxed back after signing.
Additionally, there is no requirement for the original document to be
mailed back.
(2)
Filing of a faxed document by an agency, with a certification by that
agency under California Rules of Court 2005.
This method has been used only rarely in this court.
Do not hesitate to review the rule before filing any document under this
procedure.