California

Civil Procedure

Civil Procedure

Rule 3.20 – Preemption of local rules

(a) Fields occupied

The Judicial Council has preempted all local rules relating to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and the form and format of papers. No trial court, or any division or branch of a trial court, may enact or enforce any local rule concerning these fields. All local rules concerning these fields are null and void unless otherwise permitted or required by a statute or a rule in the California Rules of Court.

(b) Application

This rule applies to all matters identified in (a) except:

(1) Trial and post-trial proceedings including but not limited to motions in limine (see rule 3.1112(f) ) ;
(2) Proceedings under Code of Civil Procedure sections 527.6, 527.7, and 527.8 ; the Family Code ; the Probate Code; the Welfare and Institutions Code; and the Penal Code and all other criminal proceedings;
(3) Eminent domain proceedings; and
(4) Local court rules adopted under the Trial Court Delay Reduction Act.

(Subd (b) amended effective January 1, 2015; adopted effective July 1, 2000; previously amended effective July 1, 2000, January 1, 2002, and January 1, 2007)

Cal. R. Ct. 3.20

Rule 3.20 amended effective January 1, 2015; adopted as rule 302 effective July 1, 1997; previously amended effective January 1, 2002; previously amended and renumbered as rule 981.1 effective July 1, 2000, and as rule 3.20 effective January 1, 2007.