Effective January 2, 2013 - new Local Rule regarding Resolution of Discovery Disputes - Local Rule 2.1.17.
This new rule will apply to all motions in unlimited civil cases under sections 2016.010 through 2036.050, inclusive, of the California Code of Civil Procedure filed on or after 1/2/13 with the exception of motions to compel initial responses to interrogatories, requests for production and requests for admissions.
Notice of Clarification Regarding the Intent and Application of Local Rule 2.1.17
Although modifications to Local Rule 2.1.17 cannot go into effect until 1/1/14 the Court has discovered some deficiencies with the rule as drafted that must be addressed immediately. These deficiencies are causing confusion to the parties. The Court is providing this notice to explain the intent of the rule and clarify the language.
Subsection A1 of the rule sets out the requirement for opposition to a request for a Pretrial Discovery Conference. Subsection C provides that the refusal to participate in a Pretrial Discovery Conference shall be grounds for entry of an order adverse to the party or counsel refusing to participate. The Court hereby clarifies that opposition is necessary not only if you are opposing the request for a Pretrial Discovery Conference itself but also if you are opposing the merits underlying the request, i.e. the underlying discovery dispute. This is why the opposition must include a brief summary of why the requested discovery should be denied. Along with a refusal to participate, a failure to file a written opposition to the merits underlying a request for a Conference is grounds for entry of an order adverse to the party or counsel failing to file opposition. To reiterate where there has been no written opposition to the merits of the request filed the court may, in its discretion, enter an order adverse to the non-responding party.
Beginning 1/2/13 hearing dates for these motions may not be obtained from the Law and Motion clerk without prior compliance with Local Rule 2.1.17.
Requests must be made on the following approved form:
PCV-70 Request for Pretrial Discovery Conference
Opposition must be made on the following approved form:
PCV-71 Opposition to Request for Pretrial Discovery Conference
In an effort to secure the right to access to the court without a personal appearance the Court is creating a list of attorney's willing to accept pro bono appointments.
The Superior Court of California, County of Fresno is currently seeking applications from individuals interested in accepting appointments to represent parties pro bono in their civil proceedings. The Court is predominantly seeking attorneys interested in assisting incarcerated individuals with their civil actions. The Court is also seeking attorneys who may be interested in representing patients at the Coalinga State Hospital.
If you are interest in being placed on the civil indigent panel please complete the
application and return to:
Superior Court of California, County of Fresno
1130 O Street, 5th Floor
Fresno, CA 93724-0002
Managing Research Attorney
Family Law Facilitator
For a map to the B.F. Sisk Courthouse location, click here.
Civil cases involve a lawsuit in which one party sues another to:
- Recover money or property.
- To enforce a contract.
- To collect damages for injury.
- To protect some civil right.
Limited Civil cases are those involving $25,000 or less except small claims cases.
Unlimited Civil cases are all other cases except family law or probate cases.
Fresno Superior Court provides interpreting services to all trial court proceedings in criminal, traffic, and juvenile delinquency proceedings. For more information, click on the FAQ button on this page.
The Civil Department will serve our customers by providing accurate information and services in a timely, efficient manner, maintain a professional demeanor, treat our customers with respect and courtesy, commit to continual education to improve our performance, all of which will contribute to enhancing the public trust.