Fresno Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion, Opposition, Reply
- 2 copies • At Filing
Notice Of Remote Appearance, Proposed Order
- Before Hearing
Witness List
- 30 copies
Adjournments
- Court staff may grant one 90-day continuance for the initial payment of traffic fines, one 90-day continuance after monthly payments are established, and one request to change the monthly due date; requests exceeding 90 days must be made to a judicial officer in writing or through a personal appearance.
- Defendants have 60 days to complete traffic school, and court staff may grant one 90-day continuance for completion.
- With the arbitrator's consent, the parties may stipulate to one continuance of up to 30 calendar days, while any further continuance request must be made by motion before the Judicial Officer.
- +31 more
Request must include
- A trial continuance requires a showing of good cause and a court order obtained at least five court days before trial by noticed motion or ex parte application; party stipulation alone is insufficient.
- A continuance application submitted fewer than five court days before trial must include a detailed factual declaration demonstrating good cause for the delay.
- A continuance request for a law and motion hearing may be required in writing at least five court days before the hearing, with notice to all parties, a proposed new hearing date, and notice of the other parties' consent or objection; a late request must include a detailed factual explanation showing good cause.
- A petition for good cause to obtain an order regarding the mandatory settlement conference must be filed and served at least 30 days before trial; written opposition must be filed and served within 10 days after service, and no oral argument will be permitted.
- A party requesting a settlement-conference date change or another special settlement-conference request must submit a letter to the ADR Department, copying each party, at least 30 days before the conference date.
- A motion-hearing continuance requires good cause and a written notice of intent with proof of service on all other parties filed at least two court days before the hearing.
- For regularly calendared matters, required notices, supplements, or corrective documentation must be filed at least two court days before the hearing, except for strictly court-determined matters.
- When a continuance is granted to permit written objections, those objections must be filed and served on all interested parties at least five days before the continued hearing unless the court orders otherwise.
Communication
Phone
Phone
Phone
Page & Word Limits5 rules
Opening and opposition memoranda may not exceed 22 pages when formatted with one-and-one-half line spacing.
(or twenty-two (22) pages with one and one-half spaced lines.)
Opening Brief
22 pages
Opposition
22 pages
Reply may not exceed 20 pages when double-spaced.
The reply shall not exceed twenty (20) pages in length with double-spaced lines
Reply Brief
20 pages
Reply may not exceed 15 pages when formatted with one-and-one-half line spacing.
fifteen (15) pages with one and one-half spaced lines).
Reply Brief
15 pages
Opening and opposition memoranda may not exceed 30 pages when double-spaced.
The opening and opposition memorandum shall not exceed thirty (30) pages in length with double-spaced lines
Opening Brief
30 pages
Opposition
30 pages
Opening and responding memoranda of points and authorities may not exceed 15 pages without an order from the calendaring judge.
No opening or responding memorandum of points and authorities exceeding fifteen (15) pages may be filed, absent an order from the judge of the Court in which the motion is calendared.
Brief
15 pages
Document Format Requirements36 rules
All papers must be typewritten or legibly printed and comply with the court and California rules of court, and the Clerk ordinarily will not accept noncompliant papers unless the Court orders otherwise.
All papers shall conform to these rules and the California Rules of Court, and shall be typewritten or legibly printed. The Clerk will not accept for filing any papers not in compliance unless otherwise ordered by the Court.
Points and authorities for motions heard before the writ merits hearing must comply with the filing schedule and page limits in California Rules of Court 3.1113 and 3.1300 unless the court orders otherwise.
Points and authorities for any motion to be heard prior to the hearing on the merits of the writ petition shall comply with the filing schedule and page limits specified in California Rules of Court, rules 3.1113 and 3.1300, unless otherwise ordered.
The trial notebook must include a table of contents, corresponding tabbed sections, and an index referencing document page numbers.
The trial notebook shall contain a table of contents, tabbed sections consistent with the table of contents, and an index of the documents in the notebook referencing page numbers.
Trial-notebook pages must be sequentially numbered in the lower-right corner and bound in a D-ring binder no thicker than three inches.
The notebook’s pages shall be sequentially numbered in the lower right-hand corner of each page and be bound in a “D-ring” binder no more than three (3) inches thick.
A sound or video recording offered in evidence must be converted to a format compatible with the court's equipment.
Any party intending to offer any sound and/or video recording in evidence shall lodge with the Court on the first day of trial, or prior to the commencement of the motion or hearing, a copy converted to a format compatible with the equipment used by the Court.
Items electronically submitted for the court's consideration must be PDF files no larger than 5 GB.
Any items electronically submitted for the Court’s consideration (e.g. certificates of completion, letters in support, proof of attendance, etc.) must be as a PDF file no larger than 5 GB in size.
Electronic filings must use a fully searchable PDF with electronic bookmarks to all headings, components, included proof of service, and the first page of each exhibit or attachment.
The Court requires that electronic filing of documents be effected using a fully searchable .pdf file and include electronic bookmarks to each heading, subheading and component (including the table of contents, table of authorities, petition, verification, points and authorities, declaration, and proof of service if included), and to the first page of each exhibit or attachment, if any.
Document preparers must type their or their business’s initials and runner numbers in the moving papers’ face-sheet caption under the heading “Attorney or Party Without Attorney.”
D. As an additional requirement, document preparers shall type their initials or the initials of their business and the runner numbers in the caption under the heading “Attorney or Party Without Attorney” on the face sheet of the moving papers.
Jury instructions must use either a detachable-top form or a multi-page format, with the requesting party and supporting authority on the top or first page and the instruction itself separated for the jury.
D. Instructions shall be submitted either on a form with a detachable top or in a multi-page format. If a form with a detachable top is used, the top portion of the instruction shall contain the name of the party upon whose behalf it is requested and citation to supporting authority. If that instruction is used, the detachable bottom of the form will be given to the jury for use during deliberations. If a multi-page format is used, one page shall contain the name of the party upon whose behalf it is requested and citation to supporting authority. A separate page or pages shall contain the instruction itself. If that instruction is used, only the page or pages containing the instruction itself will be given to the jury for use during deliberations.
Illegible Judicial Council forms or forms photocopied upside down on the reverse may not be accepted for filing.
If photocopies of forms adopted by the Judicial Council are illegible or the reverse side is photocopied upside down, they may not be accepted for filing.
Unless the court orders otherwise, motions in limine must be written, filed, and served at least 10 calendar days before the hearing or trial.
Unless otherwise ordered by the court at the trial/hearing setting conference, all motions in limine must be in writing and filed and served at least ten (10) calendar days prior to the hearing/trial.
All motion, opposition, and reply papers must be written and display the hearing date, time, department, and hearing time estimate on the first page.
All motion papers, opposition papers, and reply papers must be in writing and must display on the first page the motion hearing date, time, and department and a time estimate for the motion hearing.
Physical filings with attachments, schedules, or exhibits must be indexed and have page numbers on every page.
Physical filings containing attachments, schedules, or exhibits shall be indexed and shall have page numbers on all pages.
No material may appear after the judge’s signature in a probate order.
In no case shall any material appear after the signature of the judge.
The original petition and two additional copies must be presented to the Clerk for filing.
The original and two (2) copies of the Petition for Appointment of Temporary Guardian or Conservator shall be presented to the Clerk for filing.
Photographs must be Bates-stamped and submitted in clear slipcovers or three-hole-punched form for an exhibit binder.
Photographs shall be Bates-stamped, presented in clear slip-covers or 3-hole punched so that they may be placed in an exhibit binder.
The prospective-witness list must be prepared in MS Excel for the court's electronic display.
Counsel shall provide the clerk and the reporter with a list of prospective witnesses in alphabetical order – by last name – in MS Excel format so that they may be shown through the court's electronic display for jury selection.
All exhibits must be marked in numerical order regardless of who marks them.
All exhibits, regardless of who marks them, shall be marked in numerical order.
Exhibits must be tab-separated with each tab indicating the exhibit number.
The exhibits must be separated by tabs indicating their number.
Exhibits must be provided to the court in one or more binders as necessary.
Exhibits shall be provided to the court in one or more binders, as necessary.
Multipage exhibits must be separately bound or placed under separate binder tabs, with each page separately numbered.
Multiple page exhibits must be separately bound or included under a separate tab in a binder and each page must be separately numbered.
When a party cites out-of-state authority or authority obtained through Lexis or Westlaw, each authority must be placed in a separately bound appendix and tabbed and indexed as an exhibit.
If a party cites to out-of-state cases, statutes or rules, or authority cited through a “Lexis” or “Westlaw” citation, a copy of each authority shall be lodged in a separately bound appendix of authorities, and each authority shall be tabbed and indexed as an exhibit as required by California Rules of Court, rule 3.1110(f).
Additional trial notebooks with the same specified features are encouraged when the volume of documents warrants their use.
Should documents dictate, further notebooks with the same features should be used.
Each paragraph in a declaration must be numbered sequentially.
Each paragraph of any declaration shall be numbered sequentially.
Exhibits and attachments must be tabbed, identified by tab reference, and separated by hard letter-size sheets with protruding exhibit-designation tabs.
The original and all copies of exhibits and attachments shall be tabbed and shall be referred to in the pleadings or papers by tab identification. Each exhibit must be separated by a hard 8 ½ x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.
Declaration paragraphs must be numbered sequentially, and all exhibits and attachments must be tabbed, identified by tab references, and separated by hard letter-size sheets with hard paper or plastic tabs bearing the exhibit designation.
Each paragraph of any declaration shall be numbered sequentially. The original and all copies of exhibits and attachments shall be tabbed and shall be referred to in the pleadings or papers by tab identification. Each exhibit must be separated by a hard 8 ½ x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.
Each file in a multi-part electronic submission must have its own table or index of contents.
If exhibits or attachments are submitted in multi-part electronic files, each separate file must have its own table or index of the contents of the file.
Each exhibit or attachment bookmark must include the exhibit’s letter or number and a description.
Each bookmark to an exhibit or attachment shall include the letter or number of the exhibit or attachment and a description of the exhibit or attachment.
Monetary distributions in probate orders must be stated in dollars rather than as a percentage of the estate.
Monetary distributions must be stated in dollars, and not as a percentage of the estate.
At least some contents of a probate order must appear on the same page as the judge’s signature.
Some portion of the contents of the order must appear on the page upon which the judge’s signature is affixed.
When a probate order contains riders or exhibits, the judicial officer’s signature line must appear after all exhibits at the end of the complete document.
If the order contains riders or exhibits, the signature line provided for the judicial officer shall appear after all such exhibits, at the end of the complete document.
The joint prospective-witness list should fit on one side of a single sheet of paper.
The list should be reduced to one side of a single piece of paper.
Document Filing Requirements275 rules
A party with an active fee waiver must use the mandatory Request for Presence of a Court Reporter form when requesting a court reporter.
The “Request for Presence of a Court Reporter” form is mandatory when a party with an active fee waiver makes a request for an official court reporter to be provided by the Court.
Document Type
Request For Presence Of A Court Reporter
Civil and family law requests for remote appearances must include proposed order Judicial Council Form RA-020.
All Civil and Family Law requests must include a proposed order (Judicial Council Form RA-020).
Document Type
Remote Appearance Request
In an initially filed class action, the parties must file a Case Management Conference Statement at least 15 calendar days before the initial conference and address the specified conference matters.
The parties to the action must file a Case Management Conference Statement no later than fifteen (15) calendar days before the initial Case Management Conference, which shall address the following matters, among others:
Document Type
Case Management Conference Statement
Default prove-ups set for hearing must be supported by written declarations and evidence of exceptional circumstances, with the papers filed no later than 16 calendar days before the hearing.
Default prove ups set for hearing shall be supported by proof by written declaration in accordance with this rule and California Rules of Court, rule 3.1800. Such papers must be filed no later than 16 calendar days prior to the hearing. Evidence of the parties’ exceptional circumstances shall be included with their supporting papers.
Document Type
Default Judgment
A plaintiff must comply with California Rules of Court rule 3.1385 and provide written notice of settlement using the Notice of Settlement form.
When a case settles, whether by conditional settlement or otherwise, the plaintiff shall comply with Rule 3.1385 of the California Rules of Court. Written notice of settlement shall be given on the Notice of Settlement form, which is available from the Clerk’s Office and on the court’s website.
Document Type
Notice Of Settlement
A default-judgment request must include a Default Prove Up Brief summarizing the evidence, requested relief, and necessary legal analysis.
In addition to the items required by California Rules of Court, rule 3.1800(a), the court also requires the submission of a “Default Prove Up Brief” that summarizes the evidence submitted, the relief requested, and provides any necessary legal analysis.
Document Type
Default Prove Up Brief
When privilege is the basis for withholding documents in discovery, a privilege log must be provided identifying the sending and receiving entities and describing the privileged information sufficiently to explain the privilege basis.
H. Where privilege is a basis for refusal to produce documents, privilege logs must be provided. The privilege log must include an identification of all sending and receiving entities, as well as details of the information sufficient to apprise the opposing party of the basis for the privilege.
Document Type
Privilege Log
When reserving a hearing date for a discovery motion, the person setting the motion must tell the clerk whether the motion is exempt from rule 2.1.17, whether the rule was complied with and court permission was granted, or whether the rule does not apply; a party claiming nonapplicability must identify the attorney or self-represented party and provide a brief supporting explanation.
When calling to reserve a hearing date for a discovery motion, the person setting the motion shall provide information regarding compliance with rule 2.1.17. The person setting the motion shall inform the Clerk of one of the following: A. The motion is to compel initial responses and is, therefore, exempt from rule 2.1.17; B. Rule 2.1.17 has been complied with and permission to file the motion has been granted by the Court; or C. Rule 2.1.17 does not apply to the motion being set. Anyone claiming C must provide the name of the attorney or self-represented party making the claim and a brief explanation to support the claim.
Document Type
Discovery Motion
The settlement conference statement must state that the meet-and-confer requirement was satisfied and describe the results of that conference.
B. The fact of compliance with this rule, and the results of the meet and confer conference shall be set forth in the settlement conference statement.
Document Type
Settlement Conference Statement
The settlement conference statement must include the information required by California Rules of Court, Rule 3.1380(c), and the additional listed settlement-related information.
In addition to the subject matter required by Rule 3.1380(c) of the California Rules of Court, the settlement conference statement shall contain:
Document Type
Settlement Conference Statement
In civil cases other than short cause cases, in limine motions and motions for judgment on the pleadings must be written and exchanged, and the court will not hear oral or unexchanged motions absent good cause.
All in limine motions and motions for judgment on the pleadings shall be in writing and exchanged by the parties. The trial court will not hear oral in limine motions or those not exchanged except for good cause shown.
Document Type
In Limine Motion
When a jury has been requested, the parties must prepare and exchange proposed jury instructions and prepare a jointly signed neutral statement of the case.
If a jury has been requested, the parties shall prepare and exchange proposed jury instructions and shall prepare a jointly signed neutral statement of the case.
Document Type
Jury Instructions
When no jury has been requested, the parties must prepare and exchange trial briefs, and the court will not accept unexchanged trial briefs absent good cause.
If a jury has not been requested, the parties shall prepare and exchange trial briefs. The trial court will not accept trial briefs not exchanged except for good cause shown.
Document Type
Trial Brief
At the Trial Readiness Hearing, the parties must provide motions in limine, motions for judgment on the pleadings, proposed jury instructions, a joint neutral statement of the case, trial briefs, exhibit lists, and witness lists.
The parties shall provide the Court with the following documents at the Trial Readiness Hearing: motions in limine, motions for judgment on the pleadings, proposed jury instructions, a joint neutral statement of the case, trial briefs, exhibit lists and witness lists.
Document Type
Trial Readiness Submission
A petitioner renewing a denied compromise claim must file an amended petition with appropriate supporting papers and proposed orders.
If the original petition is denied without prejudice and the petitioner wishes to renew the request, the petitioner must file an amended petition, with appropriate supporting papers and proposed orders.
Document Type
Amended Petition
A petitioner seeking approval to transfer structured settlement payments under Insurance Code § 10134 et seq. shall include with the petition the specified case information, court files, declarations, communications, and related documents.
The petitioner filing a petition for approval of transfer of any structured settlement payments pursuant to Insurance Code § 10134 et seq. shall include with their petition the following information and documents. 1. The jurisdiction and case number of any other petition by the petitioner seeking approval to purchase any structured settlement payments from the payee; 2. A copy of the entire court file for any prior petition by the petitioner seeking approval for purchase of any structured settlement payments from the payee; 3. A declaration from the payee’s counsel wherein he or she provides the total number of and lists all other petitions (along with their case numbers and court) wherein he or she has represented a payee who attempted to sell payments to the same petitioner; Civil Rules 2-23 ===== PAGE 60 ===== FRESNO COUNTY SUPERIOR COURT 4. A declaration from the payee’s attorney listing any professional, financial, or personal relationship with the petitioner’s employees or petitioner’s counsel, past or present, as well as how counsel first came into contact with the payee if other than by a referral from a bar association as described in the statute; 5. A declaration from the petitioner describing any contacts by its personnel with the payee’s counsel, including copies of each written communication; 6. A declaration from any of petitioner’s personnel having contact with the payee describing all communications, to include any and all documentation of such communications whether on paper or stored electronically; 7. A declaration from petitioner as to any communications it conducted or facilitated with the annuity issuer, owner, or beneficiary, and a copy of all such communications whether on paper or stored electronically; 8. A declaration from petitioner which includes all documents it plans to or has used with regard to the attempted purchase of any structured settlement payments from the payee, including UCC filings. If such documents exist whether on paper or stored electronically, they are to be attached.
Document Type
Petition For Approval Of Transfer Of Structured Settlements
Every document filed after assignment in a CEQA case must state on its face page, under the case number, the assigned judge and department.
After a CEQA case is assigned, all subsequent documents must state on the face page, under the case number, the following: ASSIGNED FOR ALL PURPOSES TO: JUDGE [insert name] DEPARTMENT [insert number]
Document Type
Subsequent Documents
A CEQA petition must be accompanied by a Civil Case Cover Sheet with the specified boxes checked and CEQA identified.
A. Civil Case Cover Sheet. When the petition is filed, the Civil Case Cover sheet filed must check the box for Miscellaneous Civil Petitions and “Other petition” (not specified above) and indicate it is a CEQA case.
Document Type
Petition
The preliminary cost notification must identify anticipated document locations, responsible custodians or contacts, and inspection dates and times, and the agency must supplement it as additional documents are identified.
This preliminary cost notification must state, to the extent then known, the location(s) of the documents anticipated to be incorporated into the administrative record, must designate the contact person(s) responsible for identifying the agency personnel or other person(s) having custody of those documents, and must provide a listing of dates and times when those documents will be made available to petitioner or any party for inspection during normal business hours as the record is being prepared. This preliminary cost notification must be supplemented by the agency from time to time as additional documents are located or determined appropriate to be included in the record.
Document Type
Preliminary Cost Notification
An application to exceed a page limit must be submitted directly to the assigned judge without a hearing under California Rules of Court 3.1207 and Fresno County Local Rule 2.7.2.
Applications to exceed the page limit pursuant to California Rules of Court, rule 3.1113, must be submitted directly to the judge assigned for all purposes without a hearing as provided in accordance with California Rules of Court, rule 3.1207, and the Superior Court of Fresno County, Local Rules, rule 2.7.2.
Document Type
Page Limit Exemption Application
A page-limit exception application must attach the party's Public Resources Code section 21167.8 statement of issues and explain why the argument cannot be made within the stated page limit.
The application to exceed the page limit must attach as an exhibit that party’s statement of issues filed pursuant to Public Resources Code section 21167.8, and state reasons why the argument cannot be made within the stated page limit in A above.
Document Type
Page Limit Exemption Application
The appendix must include the record documents or pages cited in the filing party’s brief.
the documents or pages of the record of proceedings cited in that party’s brief.
Document Type
Appendix Of Excerpts
Each party filing a brief must prepare a separate hard-copy appendix of excerpts and submit it when the brief is filed.
C. Appendix of Excerpts. The court requires that each party filing a brief prepare and submit a separate “hard copy” appendix of excerpts that contains the documents or pages of the record of proceedings cited in that party’s brief. The appendix shall be submitted when that party’s brief is filed.
Document Type
Appendix Of Excerpts
The trial notebook must contain specified pleadings and briefing documents, motions set for trial, the statement of issues, and any additional documents agreed upon by the parties.
The trial notebook must consist of the petition, all answers, the opening brief, any motions set to be heard at trial, the statement of issues, and any other documents agreed upon by the parties.
Document Type
Trial Notebook
Petitioner must prepare and submit a hard-copy trial notebook when filing the opening brief.
B. Trial Notebook. Petitioner shall prepare a “hard copy” trial notebook that must be submitted when its opening brief is filed.
Document Type
Trial Notebook
An emergency petition must clearly identify the nature of the emergency and the petitioner must inform the Clerk when filing it.
When an emergency situation exists, it is the responsibility of the petitioner to clearly indicate the nature of the emergency in the petition, and to also inform the Clerk at the time the petition is filed.
Document Type
Emergency Petition
A petition for dismissal under the cited Penal Code sections submitted without a calendared hearing date must include a completed income and expense declaration using Judicial Council form TCR-105A.
Submission of a petition for dismissal, pursuant to Penal Code §§ 1203.4, 1203.4a or 1203.41 without a calendared hearing date will require that the defendant seeking such relief also submit with their petition a completed income and expense declaration, providing the information required on Judicial Council form TCR-105A.
Document Type
Petition For Dismissal
A Juvenile Justice Court petition served by mail or personal delivery must use form PJV-61 as proof of service.
If the petition and proof of current registration were filed in Juvenile Justice Court and were served by mail and/or personal delivery, petitioner is required to use Proof of Service – Juvenile Sex Offender Registration Termination (form PJV-61).
Document Type
Proof Of Service
Motions to suppress evidence and all responses must comply with Penal Code section 1538.5 and controlling case law.
Motions to suppress evidence and all responses shall comply with Penal Code § 1538.5 and controlling case law.
Document Type
Motion To Suppress Evidence Or Response
A party relying on cited documents not already filed with the court must attach a copy of each cited document.
If any factual assertions are based on cited documentation (such as a police report) and this documentation has not previously been filed with the court, the party making those assertions shall attach a copy of the cited document.
Document Type
Motion To Suppress Evidence Or Response
Any discovery beyond reciprocal informal discovery must be sought through a duly filed and noticed written motion complying with applicable statutory requirements and Rule 3.5.1.
Any additional discovery requests must be made in a duly filed and noticed written motion, complying with all statutory requirements applying to such motions and Rule 3.5.1.
Document Type
Additional Discovery Request
All motions to suppress must satisfy the filing, notice, and content requirements of Local Rule 3.5.1.
All motions to suppress must comply with the filing, notice, and content requirements of Local Rule 3.5.1.
Document Type
Motion To Suppress
A motion to traverse a search warrant must be brought under Penal Code section 1538.5.
Make a Penal Code § 1538.5 motion.
Document Type
Motion For Traverse Of Search Warrant
Filing & Service rules
Electronic Filing Rules
Papers exempt from mandatory electronic filing must be submitted at the Clerk’s Office during normal business hours, excluding posted court holidays.
All papers not subject to mandatory electronic filing are to be submitted for filing at the Clerk’s Office during normal business hours, excluding court holidays, as posted on the court’s website, www.fresno.courts.ca.gov.
Page 23 | 1.1.14 Filing and Acceptance of Papers Not Subject to Mandatory Electronic Filing
The specified trial-readiness papers must be electronically filed before trial readiness and submitted to the assigned trial judge immediately afterward.
The foregoing papers shall be e-filed before trial readiness and submitted to the assigned trial judge immediately after trial readiness per Local Rule 2.6.2D.
Page 55 | Civil Rules, Rule 2.6.1
The administrative record must be submitted electronically through e-filing.
However, pursuant to California Rule of Court, rule 3.2206, the court orders that the administrative record be submitted electronically, through e-filing.
Page 66 | 2.11.4 Format of the Record of Proceedings
The Department of Social Services must electronically file dependency-case documents and related documentation accompanying dependency petitions.
Department of Social Services shall electronically file documents in dependency cases. Additional documentation normally filed in conjunction with dependency petitions must also be filed electronically.
Page 88 | RULE 4.1.2(A)(4) Dependency Cases
Represented parties and entities must electronically file documents in all civil, including unlawful-detainer initial filings, family-law, and probate actions unless the court excuses them.
Pursuant to Code of Civil Procedure § 1010.6(g), documents filed by represented parties or entities, including but not limited to an attorney representing the public interest such as the District Attorney’s office, the Attorney General’s office and the Department of Child Support Services, in all civil (including unlawful detainer initial filings), family law, and probate actions must be filed electronically unless the Court excuses parties from doing so.
Page 88 | RULE 4.1.2(A)(1) Mandatory Electronic Filing
Prosecuting agencies must electronically file adult felony, misdemeanor, and domestic-violence charging documents, including arrest warrants, and related accompanying documentation.
A prosecuting agency shall electronically file charging documents (the criminal complaint, information, will prosecute, and/or indictment) in all adult Felony, Misdemeanor, and Domestic Violence cases, including Arrest Warrants. Additional documentation normally filed in conjunction with charging documents must also be filed electronically.
Page 88 | RULE 4.1.2(A)(2) Charging Documents in Adult Criminal Cases
Prosecuting agencies must electronically file arrest warrants, except criminal-infraction arrest warrants.
A prosecuting agency shall electronically file Arrest Warrants excluding Criminal Infractions.
Page 88 | RULE 4.1.2(A)(3) Criminal Failure to Appear/Past Time to File Arrest Warrants
Documents eligible for electronic filing must be submitted through the court’s electronic service providers.
The electronic filing of documents must be effected using the Court’s electronic service providers.
Page 89 | Rules Applicable to Eligible Case Types—Method
Electronic filing is generally prohibited in criminal and juvenile cases except for filings authorized by Rules 4.1.2A and 4.1.2B, with specified criminal motions and confidential case types remaining prohibited.
No electronic filing is permitted for criminal or juvenile cases, other than those filings described in Rules 4.1.2A and 4.1.2B, including amended charging documents, dismissed and re-filed charging documents, consolidated charging documents, Criminal Protective Orders, or subsequent filings into confidential case types including confidential name change, developmentally disabled and dangerous, forfeiture of confiscated weapon, involuntary medication, mental health, Murphy LPS conservatorship, petition to consent for medical treatment, petition for Electroconvulsive Therapy (ECT), Riese hearing, relief of firearm prohibition, certificate of rehabilitation and pardon, sexual violent predator, TB petition, petition for consent LPS conservatorship, writ of habeas corpus, adoption, appointment of confidential intermediary, petition to declare minor free, petition to establish parental relationship, set aside declaration of paternity, surrogacy, termination of parental rights, and unseal birth records. Criminal motions for case types which are currently prohibited from being electronically filed (Criminal Writ of Habeas Corpus, Relief of Firearms Prohibition, Forfeiture of Confiscated Deadly Weapon, Certificate of Rehabilitation and Pardon, Involuntary Medication, Sexually Violent Predator).
Page 89 | Prohibited Electronic Filing
Electronic filing is prohibited for the listed document categories, subject to the stated exceptions for certain bonds and undertakings.
Notwithstanding any other provision of law or this rule, the following documents may not be filed electronically. 1. Affidavit re: Real Property of Small Value; 2. Bonds (except as detailed in Local Rule 4.13G); 3. Documents for cases under seal; 4. Labor Commissioner deposit of cash or check (see Local Rule 4.1.2G for details); 5. Subpoenaed documents; 6. Undertakings (except as detailed in Local Rule 4.1.2G); and
Page 91 | E. Limitations on Filings
For an initiating Labor Commissioner appeal supported by a bond or undertaking, the bond or undertaking documentation must be electronically filed with the case.
Upon e-filing an appeal of a decision, order, or other award of the Labor Commissioner in the Civil Division pursuant to Labor Code § 98.2(a), where the filing party is initiating the action has obtained a bond or undertaking, the bond or undertaking documentation must be e-filed with the initiated case in order to comply with Labor Code § 98.2(b).
Page 92 | G. Labor Commissioner Appeals
A Labor Commissioner appeal initiated with a cash or check deposit is exempt from mandatory e-filing and must be filed directly with the court outside the e-filing system.
A party filing such an appeal of a decision, order, or other award of the Labor Commissioner in the Civil Division pursuant to Labor Code § 98.2(a), where the filing party is initiating the action will be depositing cash or a check to satisfy the requirements of Labor Code § 98.2(b) will be excused from the mandatory e-filing requirements set forth in Rule 4.1.2A. Such a filing must be directly filed with the Court outside of the e- filing system.
Page 92 | G. Labor Commissioner Appeals
Confidential records may be filed electronically or physically, but electronic submissions must be designated confidential and identify the legal authority for confidentiality or they will be rejected.
Records required to be kept confidential as a matter of law may be submitted to the court electronically through the court’s e-filing system or physically through the clerk’s office or drop box. Failure to use the below procedure for filing confidential records will result in the records being rejected. 1. Documents filed as confidential shall be designated as such by selecting the “confidential security group” security option on the filing details prompt in the Court’s electronic system. Records not designated “confidential” in the e-filing process will automatically be accessible to the public. When submitting confidential records through e-filing, the filing party must indicate the legal authority that mandates the confidentiality of the record in the “Comments to Court” field.
Page 92 | 4.1.3 Records Confidential By Law
Records not designated confidential during e-filing will automatically be publicly accessible.
Records not designated “confidential” in the e-filing process will automatically be accessible to the public.
Page 94 | 4.1.4 Lodging Items With the Court
An e-filed lodged record must include the reason for lodging and any related court date in the “Comments to Court” field when applicable.
When submitting records for lodging through e-filing, the filing party must provide the following information in the “Comments to Court” field, as applicable: 1) the reason for lodging (ex. pending motion to seal, lodged for trial); and 2) any related court date (ex. motion on [date], trial: [date]).
Page 94 | 4.1.4 Lodging Items With the Court
Records lodged through e-filing must be designated confidential by selecting the “confidential security group” option during the e-filing process.
Records lodged through e-filing must be designated “confidential” during the e-filing process. Documents submitted for lodging shall be designated as such by selecting the “confidential security group” security option on the filing details prompt in the Court’s electronic system.
Page 94 | 4.1.4 Lodging Items With the Court
Court employees, per diem reporters, and pro tempore reporters must file appellate and court-ordered transcripts electronically through YesLaw in all case types.
In all case types, any court reporter utilized to report court proceedings shall file all appellate and court ordered transcripts electronically via YesLaw. This rule applies to Court employees, per diem and pro tempore court reporters.
Page 101 | 4.1.14 Delivery of Court Reporter Transcripts to the Court
When electronically filed, the Notice of Remote Appearance must be submitted as a separate document and not bundled with additional documents in the same electronic envelope.
When e-filing the Notice of Remote Appearance (RA 010), it must be e-filed as a separate document. Additional documents shall not be included in the same electronic envelope.
Page 196 | 7.2.2 REMOTE APPEARANCES
An electronic form on the court website is available for obtaining prior department approval of motions subject to Rules 3.5.1A and D.
For motions requiring prior department approval pursuant to the procedure for other motions set forth in Rules 3.5.1A and D, an electronic form is available on the Fresno County Superior Court’s website to be completed and submitted to the department for prior approval.
Page 89 | Criminal Motions
Records may be lodged electronically through the court’s e-filing system or physically through the clerk’s office or drop box.
Records may be lodged with the court by submitting them to the court electronically through the court’s e-filing system or physically through the clerk’s office or drop box.
Page 93 | 4.1.4 Lodging Items With the Court
The stated rule does not apply in case types that do not permit electronic filing.
This rule does not apply to any case type that does not permit e-filing.
Page 93 | Miscellaneous Rules
Physical filing or lodging is permitted through an open clerk’s office or the drop box; oversized records require arrangements with the assigned department’s clerk, and mail or overnight delivery is prohibited without prior arrangement.
Records may be submitted for filing by physically submitting to a clerk’s office, if the clerk’s office is open. If the clerk’s office is not open, records may be deposited at a court drop box. If the records will not fit in the drop box, the party lodging them must contact the clerk of the assigned department and make arrangements for the physical delivery of the records. [Do not send records to be lodged to either the clerk’s office or any department via mail or overnight delivery service without prior arrangement.]
Page 93 | Miscellaneous Rules
The clerk’s office will not accept electronic storage media for lodging in unlimited or limited civil actions unless a court order permits it.
The clerk’s office will not accept electronic storage media for lodging in any unlimited civil or limited civil action, unless pursuant to a court order.
Page 94 | 4.1.4 Lodging Items With the Court
Oversized physically lodged records require delivery arrangements with the assigned department’s clerk; if no department is assigned, the submitter must contact the clerk’s office by phone, and mail or overnight delivery requires prior arrangement.
If the records will not fit in the drop box, the party lodging them must contact the clerk of the assigned department and make arrangements for the physical delivery of the records. If no department has been assigned, the submitter must contact the clerk’s office by phone to make arrangements for delivery of the records. [Do not send records to be lodged to either the clerk’s office or any department via mail or overnight delivery service without prior arrangement.]
Page 94 | 4.1.4 Lodging Items With the Court
Filing Timing and Cure Windows
A citation with an error on its face will not be entered until the issuing agency submits a corrected citation.
that an error is identified on the face of the citation prior to entry, the citation will not be entered. The incorrect citation shall be returned to the issuing agency for correction. When the Court receives the corrected citation the citation will be entered into the Court's case management system.
Page 3 | Incomplete Traffic Infraction Filings
A citation reported as erroneous after entry remains incomplete until the issuing agency provides a corrected citation.
In the event that an error is identified via the Department of Motor Vehicles interface and reported to the Court via the DL DMV Report/Court's case management system after entry, the citation will be returned to the issuing agency for correction. The filing shall not be completed until the Court receives the corrected citation.
Page 3 | Incomplete Traffic Infraction Filings
An incomplete citation filing is stricken if the issuing agency does not provide a corrected citation within six months after the citation is returned.
In the event that a corrected citation is not received from the issuing agency within six (6) months of return to the agency, the incomplete filing will be stricken from the Court's case management system.
Page 3 | Incomplete Traffic Infraction Filings
Papers submitted to the Clerk’s Office during normal business hours are accepted on the submission date.
On the date the papers were submitted to the Clerk’s Office for filing if the submission occurred during normal business hours of the Clerk’s Office; and,
Page 23 | 1.1.14 Filing and Acceptance of Papers Not Subject to Mandatory Electronic Filing
A submission or entry after the Clerk’s Office’s normal business hours is treated as filed on the next court day the office is open.
On the next Court day the Clerk’s Office is open for business if the submission occurred after normal business hours of the Clerk’s Office. To be deemed submitted during the normal business hours of the Clerk’s Office the person submitting the papers for filing must have gained entry to the Clerk’s Office during normal business hours. In the event that the submission or entry to the Clerk’s Office occurred after normal business hours the filing will occur on the next Court day.
Page 23 | 1.1.14 Filing and Acceptance of Papers Not Subject to Mandatory Electronic Filing
A judge-signed order must be filed immediately with the Clerk’s Office.
Orders signed by a judge must be filed immediately in the Clerk’s Office.
Page 23 | 1.1.12 Custody of Court Files and Signed Orders
A notice of appeal must be filed under the applicable referenced filing rule and cannot be filed in an individual courtroom.
Notices of Appeal must be filed in accordance with Rule 1.1.14 or 4.1.13, as applicable. They will not be accepted for filing in any individual courtroom.
Page 24 | 1.1.15 Filing Notices of Appeal
A fee-waiver party's request for a court reporter must be filed separately when the hearing is set or when notice is received; an untimely request may result in no court reporter being available.
This request is required to be made separately from the above-mentioned statement and must be filed at the time the hearing is set or when notice of the hearing or trial is received. If the request is untimely, an official court reporter may not be available at the time of the hearing or trial.
Page 27 | Administrative Rules
The Case Management Conference Statement in an initially filed class action is due no later than 15 calendar days before the initial conference.
The parties to the action must file a Case Management Conference Statement no later than fifteen (15) calendar days before the initial Case Management Conference, which shall address the following matters, among others:
Page 42 | 2.1.11(D)
If a settled case is not dismissed within 45 days of the settlement notice, or within 45 days of the conditional settlement’s specified dismissal date, the court will set a Rule 3.1385 hearing.
When a settled case has not been dismissed within 45 days of the notice of settlement or within 45 days of the dismissal date specified in the notice, if the settlement is conditional, the court will set the matter for a Rule 3.1385 hearing.
Page 44 | 2.1.13 Settlement and Conditional Settlement
Supporting papers for a default prove-up hearing must be filed no later than 16 calendar days before the hearing.
Such papers must be filed no later than 16 calendar days prior to the hearing.
Page 44 | 2.1.14 Entry of Default Judgment by the Court
If no minute order issues within 15 court days after the opposition due date, the Pretrial Discovery Conference request is deemed denied and permission to file the motion is expressly granted.
If the Court has not issued a minute order within fifteen (15) court days after the due date of any opposition, then the request for pretrial conference shall be deemed denied with permission to file the motion expressly granted.
Page 46 | Civil Rules, Resolution of Discovery Disputes
Opposition to a Pretrial Discovery Conference request must use the clerk’s approved form, explain why the requested discovery should be denied, be filed within five court days after service, add five court days when served by mail, and be served on opposing counsel.
Any opposition to a request for a Pretrial Discovery Conference must also be filed on an approved form (provided by the clerk), must include a brief summary of why the requested discovery should be denied, must be filed within five (5) court days of service of the request for a Pretrial Discovery Conference, extended five (5) days for service by mail, and must be served on opposing counsel.
Page 46 | Civil Rules, Resolution of Discovery Disputes
The specified trial-readiness papers must be submitted to the assigned trial judge immediately after trial readiness.
The foregoing papers shall be e-filed before trial readiness and submitted to the assigned trial judge immediately after trial readiness per Local Rule 2.6.2D.
Page 55 | Civil Rules, Rule 2.6.1
Ex parte applications that do not comply with California Rules of Court Rules 3.1200 through 3.1207 will be rejected.
All applications for ex parte orders failing to comply with Rules 3.1200 through 3.1207 of the California Rules of Court will be rejected.
Page 55 | Civil Rules, Rule 2.7.1A
An ex parte application, supporting papers, and fees must be submitted by 2:00 p.m. on the preceding day for a morning hearing or by 9:00 a.m. on the hearing date for an afternoon hearing.
The party seeking an ex parte order must submit the application and all supporting papers and fees to the Clerk for filing not later than 2:00 p.m. on the day preceding the hearing, if the hearing is set in the morning, and not later than 9:00 a.m. on the date of the hearing, if the hearing is set in the afternoon.
Page 56 | Civil Rules, Rule 2.7.1B
Jury fees are due on or before the scheduled initial case management conference.
Jury fees shall be due on or before the date scheduled for the initial case management conference in the action.
Page 57 | B. Time Due
If no initial case management conference is scheduled in a civil action, the jury fee is due no later than 365 calendar days after filing the initial complaint.
If no case management conference is scheduled in a civil action, the fee shall be due no later than 365 calendar days after the filing of the initial complaint.
Page 57 | B. Time Due
A jury fee is due 25 calendar days before the initially scheduled trial when the requesting party did not appear at the initial case management conference or first appeared more than 365 calendar days after filing the initial complaint.
If the party requesting a jury has not appeared before the initial case management conference, or first appeared more than 365 calendar days after the filing of the initial complaint, the fee shall be due 25 calendar days before the date initially set for trial.
Page 57 | B. Time Due
Jury fees are due five days before trial in unlawful detainer actions and other cases entitled to priority setting.
In unlawful detainer actions, or other case entitled to priority setting, the fees shall be due five days before the date set for trial.
Page 57 | B. Time Due
An agency seeking a default order on a firearms forfeiture petition must file the petition at least ten court days before the hearing.
On a petition for order of default regarding a firearms forfeiture pursuant to Welfare and Institutions Code § 8102, subdivision (g), the agency seeking the default shall file their petition for default ten (10) court days preceding the date set for the hearing.
Page 59 | 2.8.6 Firearms Forfeiture Default
A notice of appeal from a small claims judgment will not be accepted for filing after the statutory appeal period unless a writ of mandate orders the Clerk to file it.
No notice of appeal from a small claims judgment shall be accepted for filing after the statutory period for filing such an appeal has expired, unless a writ of mandate ordering the Clerk to file the notice of appeal has been issued.
Page 63 | 2.10.3 Untimely Small Claims Appeals
Petitioner may elect to prepare the administrative record only if it notifies the agency within five days after receiving the preliminary cost notification.
Upon receipt of the preliminary cost notification, petitioner may elect to prepare the record of proceeding itself provided it notifies the agency within five (5) days of such receipt.
Page 65 | 2.11.3 Preparation of the Administrative Record
If petitioner does not prepare the record, the public agency must prepare and serve its detailed document index and supplemental cost estimate on the parties within 40 days after service of the statutory request.
If petitioner does not elect to prepare the record of proceedings, then within forty (40) days after service of the statutory request to prepare the record of proceedings, the public agency must prepare and serve on the parties a detailed document index listing the documents proposed by the public agency to constitute the record of proceedings and provide a supplemental estimated cost of preparation.
Page 65 | 2.11.3 Preparation of the Administrative Record
Service and Proof of Service Rules
The Clerk issues the case-management notice when the complaint is filed, setting a conference at least 120 days after filing, and plaintiff must serve the notice on each defendant with the summons and complaint.
At the time the complaint is filed, the Clerk will issue a Notice of Case Management Conference to plaintiff, designating a date for a Case Management Conference that is no less than 120 days after the filing of the complaint. Plaintiff shall serve a copy of the Notice of Case Management Conference on each defendant along with the summons and complaint.
Page 37 | 2.1.4 Notice of Case Management Conference
A cross-complainant must serve a new cross-defendant with the case-management notice and related summons or cross-complaint, or, if served later, with notice of all pending court-set and assigned conference dates.
Any party who files and serves a cross-complaint prior to the Case Management Conference shall serve on each cross-defendant who is a new party to the action a copy of the Notice of Case Management Conference along with the summons and cross-complaint. If a new cross-defendant is served after the initial Case Management Conference, the cross-complainant shall serve the new cross-defendant with notice of any pending Case Management Conference, any assigned trial or settlement conference dates, and any other dates set by the court or orders made at the Case Management Conference.
Page 37 | 2.1.4 Notice of Case Management Conference
When plaintiff adds or identifies a defendant after the initial conference, plaintiff must serve that defendant with notice of pending court-set and assigned dates along with the summons and complaint.
If plaintiff adds a new defendant or identifies a fictitiously named defendant after the initial Case Management Conference, along with the summons and complaint, plaintiff shall serve the newly named defendant with notice of any pending Case Management Conference, any assigned trial and settlement conference dates, and any other dates set by the court or orders made at the Case Management Conference.
Page 37 | 2.1.4 Notice of Case Management Conference
Plaintiff must serve all named defendants with required pleadings and notices and file proof of service with the court within 60 days after filing the complaint.
A plaintiff shall serve all named defendants with all pleadings and notices required by these rules or other law, including notice of a Case Management Conference, and shall file proof of service with the court, within sixty (60) days from the date the complaint is filed.
Page 38 | 2.1.5 Service and Filing of Proof of Service
Proof of service of the case-management notice must be filed with the court and may be included in the proof of service for the summons and complaint or cross-complaint.
Proof of service of notice of a Case Management Conference shall be filed with the court and may be included in the proof of service of the summons and complaint or cross-complaint.
Page 38 | 2.1.4 Notice of Case Management Conference
Each party must submit and serve a settlement conference statement in pleading or letter form, preferably ten days before the conference and no later than five court days before it.
Each party shall submit their settlement conference statement to the ADR Department and serve on all parties, in pleading or letter form, preferably at least ten (10) days prior to the settlement conference, but no later than five (5) court days prior to the settlement conference.
Page 53 | Civil Rules, Rule 2.5.6(A)
Within fifteen days after filing an unlawful detainer complaint, the plaintiff must serve all named defendants and file proof of service, or file an application for a posting order, unless a responsive pleading has been filed.
Within fifteen (15) days from the date the unlawful detainer complaint was filed, plaintiff shall serve all named defendants and file proof of service with the court or shall file an application for a posting order, unless a responsive pleading has been filed.
Page 60 | 2.9.3 Service and Filing of Proof of Service
Before filing an unlawful detainer action requiring a Notice of Restricted Access, the plaintiff must provide the court with separate stamped, legal-size envelopes addressed to each defendant and to all occupants.
Each plaintiff who files an action for Unlawful Detainer, for which a Notice of Restricted Access must be mailed to the defendants pursuant to Code of Civil Procedure § 1161.2(c), must provide to the court prior to the time of filing the action, (1) a separate stamped, legal-size envelope addressed to each defendant named in the action at the address provided in the complaint, and (2) a stamped, legal-size envelope addressed to “All Occupants” at the subject premises.
Page 62 | 2.9.10 Notice of Restricted Access
In a small claims case, proof of service on the defendant must be filed by the date set for trial or the case will not be heard that day.
If proof of service on the defendant in a small claims case has not been filed by the date set for trial, the case will not be heard on that date.
Page 62 | 2.10.2 Unserved Defendants
The petitioner must serve the notice of assignment and case management conference notice on each named respondent at service of the summons and petition or within two business days after receiving the notice, and promptly file proof of service.
The petitioner must serve the notice of assignment and the case management conference notice on each named respondent either when that respondent is served with the summons and petition, or within 2 business days of the petitioner’s receipt of the notice of assignment from the court. The petitioner shall promptly file all proofs of service thereof with the court.
Page 63 | 2.11.1 Commencing a CEQA Case
The petitioner must serve the case management conference notice on each respondent and real party in interest together with the summons and petition.
At the time the petition is processed by the Clerk’s Office after it is filed, the clerk will issue a notice of case management conference to petitioner, designating a date for a case management conference that is approximately 120 days after the filing of the petition. Petitioner shall serve a copy of the notice of case management conference on each respondent and real party in interest along with the summons and the petition.
Page 64 | 2.11.2 Case Management Conference
Service of the agency's document index and related objection documents must comply with Code of Civil Procedure section 1010 et seq.
Service of the foregoing shall conform to the Code of Civil Procedure, Part 2, Title 14, Chapter 5, § 1010 et seq.
Page 65 | 2.11.3 Preparation of the Administrative Record
Service of the preliminary cost notification and related election documents must comply with Code of Civil Procedure section 1010 et seq.
Service of the foregoing shall conform with the Code of Civil Procedure, Part 2, Title 14, Chapter 5, § 1010 et seq.
Page 65 | 2.11.3 Preparation of the Administrative Record
The responsible public agency must personally serve petitioner with a preliminary estimated-cost notification within 20 days after receiving the statutory request.
Within twenty (20) days after receipt of a statutory request that the public agency prepare the record of proceedings, the public agency responsible for such preparation must personally serve on petitioner a preliminary cost notification of the estimated cost of preparation.
Page 65 | 2.11.3 Preparation of the Administrative Record
A petition under the cited Penal Code provisions must include proof of service on the Office of the District Attorney when filed; failure to do so results in summary denial without prejudice.
§§ 1203.4, 1203.4a (only as to infractions), or 1203.41 shall include proof of service of the petition on the Office of the District Attorney. (Pen. Code §§ 1203.4, subd. (e); 1203.4a, subd. (f) & 1203.41, subd. (e)(1).) Failure to provide proof of service of the petition on the Office of the District Attorney, at the time of filing, will result in summary denial of the petition, without prejudice.
Page 73 | Criminal Rules
For every sex-offender-registration termination petition, the petitioner or someone acting on the petitioner’s behalf must serve the petition and proof of current registration on the Fresno County law-enforcement agency and District Attorney’s Office within 15 court days after filing, and file proof of service within the same period.
In every case, a copy of the petition and proof of current registration must be served on the law enforcement agency with whom petitioner currently registers in Fresno County and the Fresno County District Attorney’s Office, either by petitioner of someone acting on their behalf no later than 15 court days after the date the petition was filed with the court. Proof of such service must also be filed within 15 court days from the petition’s filing.
Page 74 | 3.1.14 Petitions to Terminate Sex Offender Registration
For a federal registerable-offense conviction, the petition and proof of current registration must also be served on the relevant United States Attorney’s Office and the investigating law-enforcement agency.
If petitioner’s conviction for a registerable offense occurred in federal court, a copy of the petition and proof of current registration must also be served on the United States Attorney’s Office for the District Court from which petitioner’s registration requirement originated, as well as the law enforcement agency that investigated the charges(s) filed in the District Court case.
Page 74 | 3.1.14 Petitions to Terminate Sex Offender Registration
When the registerable-offense conviction occurred outside Fresno County, the petition and proof of current registration must also be served on the law-enforcement agency and District Attorney’s Office of that county, with proof of service filed within 15 court days after filing.
If petitioner’s conviction for a registerable offense occurred in a county other than Fresno, a copy of the petition and proof of current registration must also be served on the law enforcement agency and the District Attorney’s Office of the county in which petitioner was convicted of the registrable offense. Service of these entities must occur no later than 15 court days after the date the petition was filed with the court. Proof of such service must also be filed with the court within 15 court days from the petition’s filing.
Page 74 | 3.1.14 Petitions to Terminate Sex Offender Registration
For a military-court registerable-offense conviction, the petition and proof of current registration must additionally be served on the prosecuting and investigating agencies for the registration offense.
If petitioner’s conviction for a registerable offense occurred in a military court, a copy of the petition and proof of current registration must additionally be served on the prosecuting and investigating agencies of the registration offense.
Page 74 | 3.1.14 Petitions to Terminate Sex Offender Registration
Service must be completed, and proof of service filed, no later than 15 court days after the petition is filed.
Service on these entities must occur no later than 15 court days after the date the petition was filed with the court. Proof of such service must also be filed with the court within 15 court days from the petition’s filing.
Page 75
Reply papers and proof of service on all parties must be filed no later than two court days before the hearing.
All reply papers shall be filed no later than two (2) court days prior to the hearing, with proof of service on all parties.
Page 76 | 3.3.2 Filing of Motions
Opposition papers and proof of service on all parties must be filed no later than five court days before the hearing.
All opposition papers shall be filed no later than five (5) court days prior to the hearing, with proof of service on all parties.
Page 76 | 3.3.2 Filing of Motions
A misdemeanor motion must include the specified supporting documents, and proof of service must be filed at least five court days before the hearing.
Motions shall contain a notice of motion, the motion itself, a declaration or affidavit in support thereof and a memorandum of points and authorities. Proof of service shall be filed no later than five (5) court days prior to the date of the hearing.
Page 76 | 3.3.2 Filing of Motions
Preliminary-hearing suppression motions must be personally served and filed at least five court days before the hearing.
Motions to suppress that are to be heard at the preliminary hearing must be personally served and filed at least five (5) court days before the preliminary hearing.
Page 79 | 3.5.1 E
Filing Fees and Waivers
Payment must be for the exact amount in U.S. currency without change, may not use post-dated or two-party checks, must bear a date no more than one month old, must name the Fresno County Superior Court or a similar designee as original payee, and must have matching numeric and written amounts.
The amount shall be the exact amount of the fee, fine or bail; change will not be given. The date on the check must not be over one month previous to the date presented; post-dated checks are not acceptable. The original payee must be the Fresno County Superior Court or other similar designee. Two-party checks are not acceptable. The numeric figures must agree with the amount written in words. The sum must be in U.S. currency.
Page 22 | 1.1.11 Forms of Payment
An ex parte applicant may obtain a hearing date and time at the civil clerk’s filing counter by presenting the moving papers and paying the appropriate fees.
Parties making ex parte applications may also obtain a date and time for hearing of the application at the filing counter in the civil clerk’s office upon presentation of moving papers and payment of appropriate fees.
Page 55 | Civil Rules, Rule 2.7.1A
A party demanding a jury in a civil case must pay the nonrefundable jury fee unless another party on the same side has already paid it.
A party demanding a jury in a civil case shall pay the nonrefundable jury fee mandated by Code of Civil Procedure section 631, unless the fee has been paid by another party on the same side of the case.
Page 56 | Civil Rules, Rule 2.8.1A
Failure to timely pay the jury fee waives trial by jury unless another party on the same side has paid it.
Failure to timely pay jury fees as set forth above shall constitute a waiver of trial by jury, unless another party on the same side of the case has paid the fee.
Page 57 | C. Waiver
A party filing directly by fax must pay a $1.00 fee for each page in addition to other fees imposed by law.
In addition to other fees imposed by law, a party filing by fax directly with the court shall pay a fee of $1.00 for each page of the paper.
Page 87 | RULE 4.1.1(D)
A $275 check payable to the court is required as a deposit for a subpoenaed counselor's testimony, and the depositing party will be billed for any expenses exceeding the deposit.
A check in the amount of $275.00 made payable to the Fresno County Superior Court. This check will serve as a deposit for the counselor’s testifying services pursuant to Government Code § 68097.2(a) c. If expenses exceed the $275.00 deposit, FCS will bill the depositing party for the additional funds.
Page 123 | 5.5.5 Service/Fees
Trust proceedings, including testamentary trusts and trusts funded by court order, require a separate case number and payment of the current filing fee for the separate case.
Proceedings for trust matters, including but not limited to testamentary trusts, trust funded by court order, and related by separate trusts, require separate case number assignment and payment of a current filing fee for establishment of such separate case.
Page 195 | RULE 7.1.2 FILING FEES FOR TRUST MATTERS
The court assesses investigation fees in guardianship and conservatorship cases unless a statutory waiver applies.
Unless investigation fees are waived, pursuant to Probate Code section 1851.5 or 1513.1, the Court will assess fees for the cost of investigations in guardianship and conservatorship cases.
Page 207 | RULE 7.15.1 Investigation Costs
Each trust accounting must be filed in a new Trust file, and a filing fee is due when the accounting is filed.
Thereafter, all trust accountings shall be filed in a new Trust file, and a filing fee shall be payable upon the filing of each account.
Page 216 | RULE 7.19 TRUSTS, SPECIAL NEEDS TRUSTS AND SUBSTITUTED JUDGMENTS
All court fees, including jury fees and mileage, must be paid before the jury is sworn.
All court fees, including jury fees and mileage, must be paid before the jury is sworn.
Page 1 | Court Fees
An otherwise eligible defendant may request traffic school within 180 days after payment of the fine, bail forfeiture, or guilty verdict, provided a $67 administrative fee accompanies the request.
Provided the defendant is otherwise eligible to attend traffic school, Court staff is authorized to accept requests to attend traffic school if made within one hundred and eighty (180) days of payment of the fine, bail forfeiture or a guilty verdict. To be valid, the sixty-seven dollar ($67.00) administrative fee must accompany the request.
Page 2 | Requests for Traffic School After Payment of Fine or Forfeiture of Bail or Guilty Verdict
Monthly payment and traffic school payment plans each carry an additional $35 installment fee.
a monthly payment plan [including an additional thirty-five dollar ($35.00) installment fee]; or (4) a traffic school payment plan [including an additional thirty-five dollar ($35.00) installment fee].
Page 3 | Requests for Monthly Payments Following an Order That The Fine Be Paid in One Payment
Paying a traffic fine in full by a future date carries an additional $30 administrative fee.
pay in full [including an additional thirty dollar ($30.00) administrative fee] by a future date;
Page 3 | Requests for Monthly Payments Following an Order That The Fine Be Paid in One Payment
A monthly-payment defendant who pays in full by the first monthly due date may have the $35 installment fee vacated and a $30 administrative fee added.
For defendants who elect in Court to pay by monthly payments, Court staff is authorized to vacate the thirty-five dollar ($35.00) installment fee and add a thirty dollar ($30.00) administrative fee if the defendant pays in full by their first monthly payment due date.
Page 4 | Requests for Monthly Payments Following an Order That The Fine Be Paid in One Payment
When a future-date full-payment defendant requests a payment plan before the ordered payment date, Court staff may replace the $30 administrative fee with a $35 installment fee.
When this request is made, Court staff is authorized to delete the thirty dollar ($30.00) administrative fee and add the thirty-five dollar ($35.00) installment fee.
Page 4 | Requests for Monthly Payments Following an Order That The Fine Be Paid in One Payment
If a defendant does not pay in full on the court appearance date, Court staff may add a $35 installment fee and convert the defendant to a monthly payment plan.
add the thirty-five dollar ($35.00) installment fee and convert the defendant to a monthly payment plan.
Page 4 | Requests for Monthly Payments Following an Order That The Fine Be Paid in One Payment
If a defendant elects to pay in full on the court date but does not do so, Court staff may add a $30 administrative fee and allow 90 days to pay in full.
add the thirty dollar ($30.00) administrative fee and give the defendant ninety (90) days to pay in full;
Page 4 | Requests for Monthly Payments Following an Order That The Fine Be Paid in One Payment
The court may refuse irregular checks or money orders and personal checks from persons who previously tendered dishonored checks, and returned checks remain subject to applicable court fees.
Any check or money order which appears irregular on its face may be refused. Personal checks from persons known to have previously tendered dishonored checks may be refused. Checks returned to the court are subject to the applicable fees established by the Fresno County Superior Court.
Page 23 | Administrative Rules
A returned check triggers notice and a hold blocking check payments and possibly striking filings; the hold is removed only after payment in cash or certified funds of the original amount plus the court-set returned-check fee.
Notification will be mailed if a check is returned for any reason (e.g., insufficient funds, stop payment or account closed). A “returned check hold” will be placed on all accounts and cases of the person whose check is returned, which will block the ability to pay any fees and/or fines by check and may result in the striking of court filings. To remove the hold on the accounts and cases, the party must pay in cash or with certified funds the original check amount plus a returned check fee that is set by the Court. Once the hold is removed the person may again pay the fees and/or fines by check.
Page 24 | 1.1.16 Returned Checks
Obtaining the earliest available law and motion hearing date at the civil filing counter requires presentation of moving papers and payment of the appropriate fees.
Parties may also obtain a date and time for hearing of the law and motion matter for the earliest available date at the filing counter in the civil clerk’s office upon presentation of moving papers and payment of appropriate fees.
Page 47 | RULE 2.2 CIVIL LAW AND MOTION
For a civil trial or hearing expected to last more than four hours, the parties must deposit their pro rata shares of the fee for one full day of official reporting services with the Clerk.
B. In any civil case in which a trial or hearing is expected to last more than four (4) hours and official reporting services are required, the parties shall deposit with the Clerk their pro rata shares of the fee for one (1) full day of official reporting services.
Page 59 | 2.8.5 Court Reporter Fees
Attorneys must be prepared to produce fee receipts on court demand, and the trial or hearing may not proceed at the court’s discretion if they are unable to do so.
D. Attorneys must be prepared to produce receipts for fees on demand of the court or the trial or hearing may not proceed at the discretion of the Court.
Page 59 | 2.8.5 Court Reporter Fees
For a civil trial or hearing expected to last more than one but not more than four hours, the parties must deposit their pro rata shares of the fee for one-half day of official reporting services with the Clerk.
A. In any civil case in which a trial or hearing is expected to last more than one (1) hour, but not more than four (4) hours, and official reporting services (by court reporter or electronic recording) are required, the parties shall deposit with the Clerk their pro rata shares of the fee for one-half (1/2) day of official reporting services.
Page 59 | 2.8.5 Court Reporter Fees
The court reporter fee must be deposited by the conclusion of each court session, including each subsequent day of the trial or hearing.
C. The fee shall be deposited no later than the conclusion of each day’s court session. The fee for any subsequent day of the trial or hearing shall be deposited with the Clerk not later than the conclusion of each day’s court session.
Page 59 | 2.8.5 Court Reporter Fees
Courtesy Copy Requirements
A courtesy copy of the Notice of Remote Appearance and the proposed Order Regarding Remote Appearance must be delivered to the clerk of the hearing department.
2) Deliver a courtesy copy of that form as well as a proposed ORDER REGARDING REMOTE APPEARANCE (form RA-020) to the clerk of the department in which that hearing will be held.
Page 146 | F. Juvenile Justice Cases
Papers filed with the Clerk for a motion or response must include two complete copies in addition to the original.
Any papers filed with the Clerk in connection with the motion or response thereto shall be accompanied by two complete copies in addition to the original.
Page 80 | 3.5.1 H
Counsel should prepare 30 copies of the prospective-witness list for jury selection.
Counsel should provide 30 copies of the witness list for purposes of jury selection.
Page 1 | Documents and Court Processes
Sealing & Redaction Procedures
A sealing order must be sought by noticed motion or, when appropriate, ex parte application, and in civil cases the filing must be calendared with a hearing date, department, and time or it will be rejected.
C. An order allowing filing records under seal will only be issued on noticed motion, or, in the appropriate circumstances, ex parte application. In civil cases, the party seeking the sealing order must obtain a date and time for the hearing of the motion or application from the law and motion clerk. E-filed motions or ex parte applications without a calendared hearing date, department, and time will be rejected.
Page 95
Records may be filed under seal only with a court order and after compliance with California Rules of Court 2.550 and 2.551; the parties’ agreement or stipulation alone is insufficient.
B. Parties seeking to file records under seal must follow California Rules of Court, rules 2.550 and 2.551. No records may be filed under seal without a court order. The court will not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.
Page 95
Records proposed for sealing must be conditionally lodged under seal when the sealing motion or application is made, unless good cause excuses lodging or the records were already lodged.
D. The records that a party is requesting be placed under seal must be lodged conditionally under seal in conformity with California Rule of Court, rule 2.551(d) and Local Rule 4.1. when the motion or application is made, unless good cause exists for not lodging them or the records has previously been lodged.
Page 95
Filings that refer to conditionally sealed or sealed material must include a public redacted version and a complete unredacted version conditionally lodged under seal, with the prescribed cover legend on the public version.
F. Any motion or application, any opposition, and any supporting documents referring to material lodged conditionally under seal, or material that has been ordered sealed, must be filed in a public redacted version and lodged in a complete, unredacted version conditionally under seal. The cover of the redacted version must identify it as “Public—Redacts materials from conditionally sealed record” or “Public – Redacts Sealed Material,” as appropriate. (Effective January 1, 2021, New)
Page 95
A noticed motion under Code of Civil Procedure section 237 is required for personal identifying information of trial jurors sealed by the court.
personal juror identifying information of trial jurors that has been sealed by the court pursuant to Code of Civil Procedure § 237, a noticed motion in accordance with that section is required.
Page 101 | 4.1.13
Financial institution account statements are confidential and available only to the Court and its personnel for review, with further disclosure permitted only by court order.
The Court shall keep the financial institution account statements confidential, except such shall be available to the Court and Court personnel for use in reviewing accountings and reports and shall be subject to further disclosure only upon order of the Court.
Page 217 | Rule 7.21
Filing Bundling Requirements
The court requires a separate trial notebook and a separate appendix of excerpts for each party's position, containing pleadings, motions, briefs, and cited portions of the administrative record.
A. Separate Trial Notebook and Appendix of Excerpts. The court requires a separate trial notebook and separate appendix of excerpts to provide the court with easy-to-use binders containing the pleadings, motions, briefs, and cited portions of the record of proceedings supporting the parties’ respective positions.
Page 66 | 2.11.6 Trial Notebook and Appendix of Excerpts
All materials supporting a default prove up should be bundled into one document, with each item separately listed in the caption.
All materials in support of a default prove up should be submitted together as a single document, with each item listed separately in the caption of the combined pleading.
Page 45 | Civil Rules, Supporting Papers
The trial notebook and appendix of excerpts are not lodged or filed; the preparing party must call the Research Department Office Assistant at (559) 457-4945 to arrange their delivery.
The trial notebook and appendix of excerpts of exhibits are neither lodged nor filed. Instead, the party responsible for preparing the notebook and appendix shall call the Research Department Office Assistant at (559) 457-4945 to arrange delivery of the
Page 66 | 2.11.6 Trial Notebook and Appendix of Excerpts
A Notice of Remote Appearance submitted by mail or at the counter must be filed as a separate document or placed at the top of the forms packet.
When submitting the Notice of Remote Appearance (RA-010) by mail or over the counter, it must be submitted for filing as a separate document or placed at the top of the forms packet.
Page 196 | 7.2.2 REMOTE APPEARANCES
Pre-Motion Conference Requirements
Before filing certain California Code of Civil Procedure discovery motions in a civil unlimited case, the moving party must request an informal Pretrial Discovery Conference and obtain express permission to file after denial or unsuccessful conference.
No motion under sections 2017.010 through 2036.050, inclusive, of the California Code of Civil Procedure shall be heard in a civil unlimited case unless the moving party has first requested an informal Pretrial Discovery Conference with the Court and such request has either been denied and permission to file the motion is granted via court order or the discovery dispute has not been resolved as a result of the Conference and permission to file the motion is expressly granted.
Page 45 | Civil Rules, Resolution of Discovery Disputes
A party must initiate and participate in a meet-and-confer process before requesting a Pretrial Discovery Conference.
Before filing a request for a Pretrial Discovery Conference, the requesting party must initiate and participate in a “meet and confer” process (see Local Rule 1.1.4) in an attempt to resolve or narrow any discovery dispute.
Page 46 | Civil Rules, Resolution of Discovery Disputes
A Pretrial Discovery Conference request must use the clerk’s approved form, include a dispute summary and detailed meet-and-confer explanation, and be served on opposing counsel by the filing date.
Any request for a Pretrial Discovery Conference must be filed with the Clerk’s Office on the approved form (provided by the clerk), must include a brief summary of the dispute, must include a detailed explanation of meet and confer efforts, and must be served on opposing counsel on or before the date it is filed with the Court.
Page 46 | Civil Rules, Resolution of Discovery Disputes
Before filing any law and motion matter, the hearing date and time must be reserved with the law and motion clerk, or alternatively obtained at the civil filing counter upon presenting moving papers and paying the appropriate fees.
Prior to the filing of any law and motion matter, a date and time for hearing shall be reserved with the law and motion clerk. Parties may also obtain a date and time for hearing of the law and motion matter for the earliest available date at the filing counter in the civil clerk’s office upon presentation of moving papers and payment of appropriate fees.
Page 47 | RULE 2.2 CIVIL LAW AND MOTION
Unlimited and Limited Civil parties with a calendared Trial Readiness Hearing must attend a mandatory settlement conference at that hearing's time and place, under Local Rule 2.5.5.
All parties to Unlimited and Limited Civil Cases for which a Trial Readiness Hearing has been calendared are required to attend a mandatory settlement conference at the time and place of the Trial Readiness Hearing. The settlement conference shall be subject to the provisions of Local Rule 2.5.5.
Page 55 | Civil Rules, Rule 2.6.2E
The listed nine categories of ex parte applications may be considered without a hearing.
An ex parte application will be considered without a hearing in the following cases: 1. Application to file a memorandum of points and authorities in excess of the applicable page limit; 2. Stipulation by the parties for an order; 3. Application for appointment of a guardian ad litem in a civil case; 4. Application for an order extending time to serve pleading; 5. Application to serve by publication; 6. Extension of time by the court pursuant to the Superior Court of Fresno County, Local Rules, rule 2.1.6; 7. Motion to continue trial pursuant to the Superior Court of Fresno County, Local Rules, rule 2.1.10; 8. Application to substitute Doe under CCP 474. 9. Application for Certificates of Merit and Findings of Merit under CCP 340.1.
Page 56 | Civil Rules, Rule 2.7.2
A petition seeking an interim order must be presented to the court before filing and service, and the order is granted upon a showing of good cause.
Petitions seeking an interim order are to be presented to the Court prior to filing and service. Interim orders will be granted upon a showing of good cause.
Page 175 | 6.5.9
A settlement conference must be calendared and held before every contested hearing unless the judicial officer setting that hearing deems it unnecessary.
Settlement conferences shall be calendared and held prior to every contested hearing, unless deemed unnecessary by the judicial officer setting the contested hearing.
Page 168 | 6.4.5 Settlement Conferences
The court encourages parties to meet and confer with DCSS before filing a motion to determine arrears.
The court encourages parties to meet and confer with DCSS before filing a motion to determine arrears.
Page 117 | 5.4.5 Motions to Determine Arrears and DCSS
Adjournment & Extension Requirements
When requesting an extension of time for service of process under Code of Civil Procedure § 583.240, plaintiff must state the earliest reasonably possible service date so the court can set service and proof-of-service dates.
When applying to the court to extend time for service of process based on the conditions stated in Code of Civil Procedure § 583.240, the plaintiff shall set forth the earliest date by which service may reasonably be effected so that the court may set a date for service and for the filing of a proof of service.
Page 38 | 2.1.6 Extensions of Time by the Court
The court may extend time for service of process, filing proof of service, or filing responsive pleadings upon a showing of good cause, but the request must be filed before the initial deadline and may be submitted by noticed motion or ex parte application.
The court may extend any time requirement for service of process or for filing proof of service or responsive pleadings upon a showing of good cause on noticed motion or by ex parte application, which may be made on the form available from the Clerk’s Office and on the court’s website. The motion or application must be filed before the expiration of the initial time period within which the act is required to be done. When a request for an extension is filed, the court may deny the request, grant an extension of time to a specified date, or conduct a hearing on the matter.
Page 38 | 2.1.6 Extensions of Time by the Court
A trial continuance requires a showing of good cause and a court order obtained at least five court days before trial by noticed motion or ex parte application; party stipulation alone is insufficient.
D. No trial date may be continued merely on stipulation of the parties. On a showing of good cause, the trial date may be continued by court order, obtained by noticed motion or by ex parte application presented to the assigned Civil Judge for All Purposes, at least five (5) court days before trial. It may also be continued pursuant to (F) below.
Page 41 | 2.1.10
A continuance application submitted fewer than five court days before trial must include a detailed factual declaration demonstrating good cause for the delay.
E. If an application for a continuance is presented less than five (5) court days before the trial date, it shall contain a detailed factual declaration demonstrating good cause for the delay.
Page 41 | 2.1.10
A party learning of a trial conflict must immediately notify the Civil Supervising Judge and all other parties, and the court will maintain the assigned trial date unless a continuance is granted or approved.
F. After a trial date has been assigned, any party who has a conflict with the trial date shall, immediately upon having knowledge of the conflict, submit a letter to the Civil Supervising Judge and to all other parties notifying them of the conflict. The court shall maintain the trial date until the trial readiness hearing unless: (1) a continuance has been granted pursuant to (D) above, or (2) a continuance is otherwise approved by the Court.
Page 41 | 2.1.10
Deadlines, schedules, and other requirements cannot be changed by party stipulation without a written court order; continuances, extensions, and modifications require a noticed motion or ex parte application showing good cause.
No time standard or deadline specified in these rules, nor any schedule, date, time limitation or other requirement imposed by any order made pursuant to these rules may be modified, extended or voided by any stipulation or agreement of the parties unless a written order approving it is obtained from the court. Continuances, extensions or modifications may be obtained by noticed motion or ex parte application, on a showing of good cause.
Page 43 | 2.1.12 Continuance or Modification
An extension to file a dismissal may be granted for good cause, and the request must be submitted using the Request for Extension of Time to File Dismissal form.
An extension of time for filing the dismissal may be granted on a showing of good cause. Requests for extensions shall be made on the Request for Extension of Time to File Dismissal form, which is available from the Clerk’s Office and on the court’s website.
Page 44 | 2.1.13 Settlement and Conditional Settlement
A continuance request for a law and motion hearing may be required in writing at least five court days before the hearing, with notice to all parties, a proposed new hearing date, and notice of the other parties' consent or objection; a late request must include a detailed factual explanation showing good cause.
Any request for continuance of a law and motion hearing, may be required to be made in writing to the assigned judge at least five (5) court days before the scheduled hearing with proof of notification to all parties as described in Rule 2.2.2. The request may be submitted by facsimile. The request for continuance shall include a specific date for the continued hearing and a statement indicating whether the other parties consent or object to the continuance and/or the requested new hearing date. B. If the request is made after the five (5) court day time limit has passed, the request shall contain a detailed factual explanation demonstrating good cause for the delay.
Page 48 | 2.2.3 Continuing a Law and Motion Hearing
A party requesting a settlement-conference date change or another special settlement-conference request must submit a letter to the ADR Department, copying each party, at least 30 days before the conference date.
Any party who wishes to request a change in a settlement conference date due to a scheduling conflict, or who wishes to make any other special request regarding a settlement conference, shall present that request to the ADR Department by letter, with a copy provided to each party, at least thirty (30) days prior to the date set for the settlement conference.
Page 51 | 2.5.4
A petition for good cause to obtain an order regarding the mandatory settlement conference must be filed and served at least 30 days before trial; written opposition must be filed and served within 10 days after service, and no oral argument will be permitted.
E. By order of the court for good cause, based upon a petition addressed to the Civil Supervising Judge and submitted in care of the ADR Department citing this rule, filed and served on all other parties at least thirty (30) days prior to trial. Opposition to the petition shall be in writing, submitted to the Civil Supervising Judge in care of the ADR Department, filed and served on all parties no later than ten (10) days after service of the petition. There will be no oral argument on such petitions. Parties will be notified of the court’s ruling. Good cause requires facts supporting the conclusion that it would be extremely unlikely that a settlement conference will resolve the case.
Page 51 | 2.5.1
A settlement-conference request submitted after the 30-day deadline must include a detailed factual declaration demonstrating good cause for the delay.
B. If the request is made after the thirty-day limit has passed, the request shall include a detailed factual declaration demonstrating good cause for the delay.
Page 52 | 2.5.4
Criminal cases proceed on their scheduled trial dates unless the court is presented convincing proof of good cause under Penal Code § 1050; a stipulation alone does not necessarily establish good cause.
All criminal cases set for trial will proceed to trial on the date scheduled in the absence of good cause. No continuances will be granted unless the court is presented convincing proof of good cause for a continuance in accordance with Penal Code § 1050. A stipulation of counsel to a trial continuance does not necessarily constitute good cause.
Page 69 | 3.1.5 Continuances
Trial continuance motions generally must be written and served under Penal Code § 1050(b), unless the showing is made under § 1050(c).
Motions for trial continuances shall be made in writing and served in accordance with Penal Code § 1050(b), unless the necessary showing is made under § 1050(c).
Page 70 | 3.1.5 Continuances
After arraignment on the information or indictment in a felony case, all trial continuance motions must be made to the judge in the Designated Department.
In felony cases after arraignment on the information or indictment, all motions for trial continuances shall be made to the judge in the Designated Department.
Page 70 | 3.1.5 Continuances
Motions seeking a continuance of a misdemeanor trial must be filed in the assigned trial department.
All motions for a continuance of a trial shall be made in the assigned trial department.
Page 75 | 3.2.3 Continuances
Continuance motions and other specified procedural matters must be presented at the pretrial hearing.
All motions for continuance, waiver of jury, change of plea or other procedural matters shall be presented at the hearing.
Page 76 | 3.2.4 Misdemeanor Pretrial Hearing
A misdemeanor trial will not be continued on its scheduled date except for good cause based on facts unavailable to the moving party at the pretrial hearing.
On the date set for trial there shall be no continuances or other delay of the trial, except on a showing of good cause based on facts not known by the moving party at the time of the pretrial hearing.
Page 76 | 3.2.4 Misdemeanor Pretrial Hearing
A motion-hearing continuance requires good cause and a written notice of intent with proof of service on all other parties filed at least two court days before the hearing.
Continuances of hearings on motions shall not be granted except for good cause shown and upon the filing of a written notice of intention to move for such continuance with the Clerk, together with proof of service on all other parties two (2) court days prior to the hearing.
Page 80 | 3.5.1 I
A party seeking an extension of the briefing schedule must submit the request to the Presiding Judge with a good-cause declaration, proposed order, and completed proposed-orders checklist.
A party may file a request for an extension of time to comply with the briefing schedule with the Presiding Judge of the Appellate Division. Such request shall include a separate declaration providing good cause for the extension of time, a proposed order and a properly completed checklist for proposed orders form.
Page 103 | 4.2.2 Filing of Appeal, Briefing and Hearing Dates
A shortening-time request must include a declaration documenting notice, the additional issues, the opposing party's position, and any reasons for opposition.
The request shall include a declaration that the opposing counsel or party has been notified of the intent to seek an order shortening time and has been informed of the additional issues. The declaration shall include a statement as to whether the opposing party agrees to or opposes the order shortening time, and if applicable, the specific reasons for opposition.
Page 107 | 5.2.3 Orders Shortening and Extending Time
A request to shorten time must follow Rule 5.2.2 and requires contacting the opposing attorney to try to clear the hearing date.
A request for an order shortening time shall follow the procedure set forth in Rule 5.2.2. The opposing attorney must be contacted in an attempt to clear the hearing date.
Page 107 | 5.2.3 Orders Shortening and Extending Time
An agreed continuance requires prompt contact with the Department Judicial Assistant, a good-cause showing, departmental approval, submission of a confirming letter or stipulation and the appropriate fee, and is strongly disfavored.
If there is a request to continue a hearing by agreement, the moving party shall, as early as possible, contact the Judicial Assistant of the Department. Upon the showing of good cause and the department’s approval, the parties may call the Calendar Clerk to obtain the next available hearing date. A letter or stipulation confirming the new date shall be submitted to the Calendar Clerk along with the appropriate fee. Requests for continuances are strongly disfavored.
Page 108 | 5.2.7(A) Request
A continuance of a contempt hearing must be requested in open court or obtained through a written stipulation signed by the citee.
Continuances of contempt hearings must be requested in open court or obtained by written stipulation signed by the citee.
Page 108 | 5.2.7(B) Contempts
Chambers Communication Rules
The petitioner must notify the Clerk of an emergency at the time the emergency petition is filed.
When an emergency situation exists, it is the responsibility of the petitioner to clearly indicate the nature of the emergency in the petition, and to also inform the Clerk at the time the petition is filed.
Page 71 | 3.1.7 Writs of Mandate and Prohibition
Unless the court approves, attorneys and parties may not email a judge directly about a pending case or a related matter, even after notice to opposing counsel.
However, unless otherwise approved by the court, consistent with the Canons of Judicial Ethics and the California Rules of Professional Conduct, no attorney or party to an action shall, either with or without prior notice to opposing counsel, contact any judge directly by e-mail concerning a case pending before the court, or a matter relating to a case pending before the court.
Page 96 | 4.1.7 Electronic Mail Communication with the Court
The petitioner or the petitioner's attorney must call the Family Law Examiner's Office to schedule the hearing.
Petitioner(s) or their attorney must call the Family Law Examiner’s Office to schedule the hearing.
Page 133 | Family Law Rules 5.9.2
The petitioner, agency representative, or the petitioner's attorney must call the Family Law Examiner's Office to schedule the hearing.
The petitioner(s), agency representative or their attorney must call the Family Law Examiner’s Office to schedule the hearing.
Page 134 | Family Law Rules 5.9.3
The party preparing the notebook and appendix must call the Research Department Office Assistant at (559) 457-4945 to arrange delivery; the source chunk ends before stating the delivery details.
Instead, the party responsible for preparing the notebook and appendix shall call the Research Department Office Assistant at (559) 457-4945 to arrange delivery of the
Page 66 | 2.11.6 Trial Notebook and Appendix of Excerpts
Rule 2.1 applies to all general civil cases and complex litigation unless otherwise specified.
The provisions of Rule 2.1 shall apply to all general civil cases and complex litigation, as defined in Rule 1.1.4, unless otherwise specified in these rules.
Page 37 | 2.1.1 Applicability
Information about remote Zoom appearances in infraction cases may be obtained from the Traffic Department by phone, fax, or email.
Additional information can be obtained by contacting the Traffic Department at (559) 457-1700, by fax at (559) 457-1710 or by email at Infodeskcrim@fresno.courts.ca.gov.
Page 84 | 3.6.4 Zoom Proceedings in Infraction Cases
When the rules require notification by letter to the court or counsel, the notification may be sent by fax.
Where these rules require notification by letter, to court or counsel, such notification may be by fax.
Page 88 | RULE 4.1.1(F)
An attorney or pro se party may email the assigned department’s clerk about a pending case.
Consistent with the Canons of Ethics relating to Ex-Parte Communications with the court, an attorney for a party, or a party appearing in pro per, may direct electronic mail communications to the clerk of the department to which a case has been assigned, relating to a case pending before that court.
Page 96 | 4.1.7 Electronic Mail Communication with the Court