Stipulation And Order For Appointment Of Privately Compensated Temporary Judge {D-008}

SDSC D - 008 (Rev. 11/08) STIPULATION AND ORDER FOR APPOINTMENT Cal. Rules of Court, rules 2.831, 2.834 OF PRIVATELY COMPENSATED TEMPORARY JUDGE; Code Civ. Proc. 247247 166, 167, 177, 177.5, 187 CONSENT AND OATH Page 1 of 4 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: AX NO.(Optional): E - MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, SAN DIEGO, CA 92101 CENTRAL DIVISION, FAMILY COURT, 1555 6TH AVE., SAN DIEGO, CA 92101 CENTRAL DIVISION, MADGE BRADLEY , 1409 4TH AVE. , SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 NORTH COUNTY DIVISION, 325 S. MELROSE DR., SUITE 1100, VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE. , CHULA VISTA, CA 91910 PETITIONER(S) RESPONDENT(S) S TIPULATION AND ORDER FOR APPOINTMENT OF PRIVATELY COMPENSATED TEMPORARY JUDGE; CONSENT AND OATH OF OFFICE ORDER CASE NUMBER In accordance with a rticle VI, section 21 of the California Co nstitution and Cal . Rules of Court, rule 2.831 , the parties personally and through their respective undersigned attorneys agree as follows: 1. Privately C ompensated T emporary J udge Name: Address: Telephone Number: Office Contact: is appointed in the above - captioned proceeding. 2. Parties Petitioner: Attorney for Petitioner: Addres s and T elephone: Respondent: Attorney for Respondent : Address and T elephone: Other(s): American LegalNet, Inc. www.FormsWorkFlow.com DSC D - 008 (Rev. 11/08) STIPULATION AND ORDER FOR APPOINTMENT Cal. Rules of Court, rules 2.831, 2.834 OF PRIVATELY COMPENSATED TEMPORARY JUDGE; Code Civ. Proc. 247247 166, 167, 177, 177.5, 187 CONSENT AND OATH Page 2 of 4 CASE TITLE CASE NUMBER 3. Authority of P rivately C ompensated T emporary J udge The privately compensated temporary judge shall have and exercise all powers and duties of a San Diego Superior Court Judge, including but not limited to those enumer ated in Code Civ . Proc . 247247 166, 167, 177, 177.5 and 187. The privately compensated temporary judge must refer the following actions or motions to the assigned trial court judge: (1) any action for contempt which may result in actual imprisonment; (2) any action or proceeding for domestic violence temporary and/or permanent restraining orders; (3) any motion or application to seal records; and (4) a motion for leave to file a complaint in intervention. Any motion to withdraw a stipulation for the appointm ent of the temporary judge must be referred to the Supervising Family La w Judge. ( Cal. Rules of Court, rules 2.831, 2. 834 ) In addition, the parties agree that the privately compensated temporary judge will not be compelled to testify as a witness in this proceeding and has judicial immunity to the same extent that a Judicial Officer of the California Superior Court would have. 4. Certified Shorthand Reporter A certi fied shorthand reporter (CSR ) will will not be present at all proceedings . Optional : Except at ex parte hearings. If a CSR is present at a proce eding , all orders and judgments rendered by the p rivately compensated temporary judge will be appealable in accordance with applicable statutes and rules . If a CSR is not present at a proceeding , the parties waive their resp ective rights to the following: (1) s tatement of decision; (2) m otion for a new trial; and (3) r ight to appeal. 5. Restrictions a. The case file may not be removed from the court. b. The parties are responsible for providing the privately compensated temporary judge with file stamped copies of all relevant pleadings, records and documents necessary to adjudicate the case at their own expense. c. All original pleadings must be filed with the court prior to submission of a filed stamped, conformed copy of the pleading to the privately compensated te mporary judge. d. Pending Matter Before a Privately Compensated (SDSC Form #D - 010) for all matters pending before the privately compensated temporary judge. The Cl erk of the Court will post the n otice in the lobby of the courthouse where the matter is pending. e. Signed orders of the privately compensated temporary judge must be presented for filing to the business office where the case was initiated. f. Minute orders will not be accepte d unless they are signed by the privately compensated temporary judge. If the minute order format is used, the order must set forth the name, address, telephone number, and CSR number of any privately retained court reporter . I f electronic reporting is us ed, the minute order shall so state. American LegalNet, Inc. www.FormsWorkFlow.com SDSC D - 008 (Rev. 11/08) STIPULATION AND ORDER FOR APPOINTMENT Cal. Rules of Court, rules 2.831, 2.834 OF PRIVATELY COMPENSATED TEMPORARY JUDGE; Code Civ. Proc. 247247 166, 167, 177, 177.5, 187 CONSENT AND OATH Page 3 of 4 CASE TITLE CASE NUMBER 6. Compensation The privately compensated temporary judge will be paid as follows: ( S tate the terms of compensation . ) Optional : The CSR will be paid as follow s : ( S tate the term s of compensation . ) Optional : The p rivately compensated tempo rary judge may allocate the p rivately compensated temporary judge/ CSR fees between the parties as follows : 7. Facsimile Signatures Signatures may be obtained via facsimile. PARTY CONSENT Date: Petitioner Signature Date: Attorney for Petitioner Signature Date: Respondent Signature Date: Attorney for Respondent Signature P RIVATELY COMPENSATED TEMPORARY JUDGE CONSEN T I, (name of the p rivately compensated temporary judge) , an active member of the State Bar of California, hereby consent to act as a privately compensated temporary judge in the above - captioned proceeding in accordan ce with the terms and provisions of this stipulation. Date: Signature American LegalNet, Inc. www.FormsWorkFlow.com SDSC D - 008 (Rev. 11/08) STIPULATION AND ORDER FOR APPOINTMENT Cal. Rules of Court, rules 2.831, 2.834 OF PRIVATELY COMPENSATED TEMPORARY JUDGE; Code Civ. Proc. 247247 166, 167, 177, 177.5, 187 CONSENT AND OATH Page 4 of 4 CASE TITLE CASE NUMBER OATH OF OFFICE I, (name of p rivately compensated temporary judge) , do hereby solemnly swear that I am an active member of the State Bar of California and that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear truth and allegiance to the Constitut ion of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties upon which I am about to undertake. I certify that I am aware of and will comply with applicable provisions of canon 6 of the Code of Judicial Ethics and these rules. Date : Signature ORDER APPOINTING PRIVATELY COMPENSATED TEMPORARY JUDGE The stipulation of the p arties and their respective attorneys that act as a privately compensated temporary judge in the above - captioned matter is approved. Accordingly, for good cause shown, is appointed and designated as the privately compensated temporary judge in the above - captioned proceeding and to make all orders necessary and proper to bring this case to judgment. Case Classification Conference (CCC) and Case Management Conference (CMC): The CCC h as been waived. This case is set for CMC on the following dates: 1 s t CMC: 2 nd CMC: 3rd CMC: 4 th CMC: Other orders: IT IS SO ORDERED. Date : Judge /Commissioner of the Superior Court American LegalNet, Inc. www.FormsWorkFlow.com