ADA - Americans with Disabilities Act

Rule 1.100 is a state Court rule that allows lawyers, parties, witnesses, jurors, or other people with a disability to confidentially request accommodations from a Court.

Individuals are eligible for accommodations if they:

• Have a disability.
• Have a record of a disabling condition.
• Are regarded as having a disability that limits one or more major life activities.

Major Life Activities
Major life activities include, but are not limited to:

• Caring for oneself.
• Performing manual tasks.
• Walking, seeing, hearing, speaking, breathing, learning, or working.

Examples of Disabilities
Examples of qualifying disabilities include:

• Mobility or motor impairments.
• Psychological or mental illnesses.
• Vision or hearing impairments.
• Environmental sensitivities.

Certain temporary disabilities may also qualify for accommodations.

You may request an accommodation by completing Form MC-410, which can be downloaded online or picked up in the Clerk’s Office located in Room 104 of the Plumas County Courthouse at 520 Main Street in Quincy, CA. You may also make a request for an accommodation in writing or orally to the Court Executive Officer.

While you may make a request at any time, if at all practicable, it is requested that you submit your request at least five (5) court days before your hearing. If you need assistance completing the form, you can ask a clerk or other Court personnel to help write down the information. All information provided is kept confidential. You may also choose to attach supporting documents, such as a doctor’s letter, to your request.

Once the form is completed, you must sign it under penalty of perjury, affirming that all the information provided is true to the best of your knowledge.

The ADA Coordinator/Court Executive Officer will review your request and make a determination after considering California Civil Code § 51 et seq., the provisions of the American with Disabilities Act of 1990, and other applicable state and federal laws.

Under most circumstances, the Court or its employees will not require additional medical or personal information to process your accommodation request.

However, Rule 1.100 allows the Court to request further information if necessary. In such cases, only those Court personnel who need to know about your disability to make a decision or provide the requested accommodation will have access to the details of your request and the personal information you provide.

Yes, it is your responsibility to contact the Court to request accommodations that best suit your situation. While the Court has an obligation to inform the public about the availability of accommodations, it is not required to provide one unless a specific request is made.

The Court may provide a different or alternative accommodation to meet your needs. For example, if a juror who is blind requests written material introduced at trial to be transcribed in Braille, the Court may offer alternatives, such as providing a reader or tape-recorded transcripts of the written material.

The Court is not obligated to provide the best accommodation but must ensure that the accommodation offered is effective in addressing the needs of the individual.

You are not required to accept an alternative accommodation. The Court is obligated to provide an accommodation that allows you to fully and effectively participate in the Court proceedings. While the accommodation provided may not be your first or preferred choice, if you request a different type of accommodation, the Court must consider your request.

Yes, you may file an appeal if the Court denies your request for a preferred accommodation or provides an accommodation that you believe is inadequate. The Court's denial must be in writing and must specify the grounds for the denial in accordance with Rule 1.100 to be considered appropriate.