Kern Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Exhibits
Adjournments
- An attorney with a calendar conflict must notify the court and, when possible, opposing counsel or an unrepresented party at the earliest opportunity; failure to give notice may result in attorney fees.
- If the claim is unserved, the Clerk may grant one extension of up to 30 days for in-county claims or 60 days for out-of-county claims upon filing a declaration showing cause.
- Additional extensions may be granted only by the Court in exceptional circumstances.
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Request must include
- After service, a party may request one postponement of up to 15 days by submitting a written request and paying the fee at least five court days before trial.
- The declaration showing cause must be filed with the Clerk three court days before the scheduled court date.
- Notice of a continuance request must be provided at the earliest opportunity; failure to provide written notice at least three court days before the hearing may result in attorney fees if the continuance is granted.
- A trial continuance request must be written and signed by the attorney, party, or both; a stipulation requires both counsel's signatures, a detailed reason, submission to the Family Law Department at least five days before trial, and court approval of the new date before submission.
Communication
Phone
Page & Word Limits2 rules
A party may seek ex parte permission to exceed the Rule 5.111 page limit by providing written notice to the other parties and stating why additional pages are necessary.
A party may apply to the court ex parte, with written notice of the application to the other parties, for permission to exceed the page limitation in rule 5.111. The application must state reasons why the additional are necessary.
California Rules of Court, rule 5.111 page limits do not apply to evidentiary attachments to pleadings or exhibits submitted for a hearing at which at least one party appears remotely.
The page limits set forth in California Rules of Court, rule 5.111 shall not apply to evidentiary attachments to pleadings or to the submission of exhibits to be used at any hearing in which at least one of the parties is appearing remotely.
Document Format Requirements19 rules
The Kern County Probation Department must upload documents in PDF format to the appropriate SharePoint folder.
The Kern County Probation Department will be required to upload documents, in Portable Document Format (PDF), into the correct corresponding folder in the SharePoint system.
Every document filed electronically must be a text-searchable PDF containing OCR technology.
All documents electronically filed with the court shall be in a text searchable Portable Document Format (PDF), i.e. containing Optical Character Recognition (OCR) technology,
For CEQA petition cases, the administrative record must meet the specified format and copy requirements, be lodged through conventional non-electronic means, be filed electronically, and be accompanied by a Notice of Manual Filing.
For CEQA petition cases the format of the administrative record must comply with California Rules of Court, rules 3.2200 through 3.2208. The party lodging the administrative record must submit two (2) copies of the administrative record, contained on a CD-ROM, DVD, or other electronic format, in a manner that cannot be altered, and one (1) copy of the administrative record in paper format. All copies of the administrative record should be submitted through conventional non-electronic means. The party lodging the administrative record shall file electronically and serve a Notice of Manual Filing for the administrative record.
In an administrative mandamus matter, an administrative record exceeding 100 pages must be submitted in two immutable electronic copies through conventional non-electronic means, while the record is filed electronically with a Notice of Manual Filing.
If a record in an administrative mandamus matter exceeds 100 pages in length, the party lodging the administrative record must submit two (2) copies of the administrative record, contained on a CD-ROM, DVD, or other electronic format, in a manner that cannot be altered. The copies of the administrative record should be submitted through conventional non-electronic means. The party lodging the administrative record shall file electronically and serve a Notice of Manual Filing for the administrative record.
Every document or pleading filed for a matter set for hearing must state the division, hearing date, and hearing time beneath its title.
All documents and/or pleadings submitted in which a matter is set for hearing must specify the division, hearing date, and time underneath the title of the document and/or pleading.
Exhibits submitted by represented parties must have electronically linked bookmarks, but a single attachment or exhibit is exempt; all documents must have a titled cover sheet between attachments, schedules, or exhibits.
(b) Unless they are submitted by a self-represented party, exhibits must comply with Rule 3.1110(f), which requires electronic bookmarks with links. Where there is a single attachment or exhibit, the index requirement is inapplicable. All documents must contain a titled cover sheet between attachments, schedules, and/or exhibits.
Every document must include a titled cover sheet between attachments, schedules, or exhibits.
All documents must contain a titled cover sheet between attachments, schedules, and/or exhibits.
Exhibits submitted by a represented party must use electronic bookmarks with links; the requirement does not apply to exhibits submitted by a self-represented party.
Unless they are submitted by a self-represented party, exhibits must comply with Rule 3.1110(f), which requires electronic bookmarks with links.
Each page must be numbered to facilitate court review.
Each page shall have page numbers to facilitate review by the Court.
Each paper filing must be submitted with an original and one additional copy.
Parties shall be required to provide an original and one (1) copy of all paper documents submitted for filing.
PSP hearing notices must use at least 10-point text with the legend capitalized, bold, highlighted, or in a different color.
The Notice of Hearing-Decedent’s Estate or Trust (Judicial Council Form DE-120) or Notice of Petition to Administer Estate (Judicial Council Form DE- 121) for all matters submitted as PSP shall include the following legend in at least 10 point capitalized bold, highlighted, or different-colored font:
The original SC-100 must be two-hole punched and stapled together, with one stapled copy provided for each named party.
Documents for Submission – you must submit the Original SC-100, which MUST BE two-hole punched at the top of the form and stapled together, PLUS one copy for each named party, stapled.
Each proposed verdict must be completed, submitted on separate paper for each verdict, include the case caption, and contain nothing identifying the party.
Each party shall submit proposed verdicts in completed form suitable for use by the jury in the pending case. This requires a separate form for each verdict with the caption of the case typed on paper that has nothing on it to identify the form with any party.
Every transcript submitted to the court or parties by an official or pro tempore court reporter must follow the Kern County transcript format.
All court reporters, acting either in an official reporter capacity or on a pro tempore basis, are required to follow the Kern County transcript format for all transcripts submitted to the court and parties.
Documents addressed by this rule must comply with California Rules of Court formatting requirements, including requirements for electronic exhibits and bookmarks.
and must adhere to the requirements for general format as required in California Rules of Court, rules 2.256 and 3.1110, including those related to electronic exhibits and bookmarks.
Digital signatures are permitted for qualifying documents and have the same legal effect as manual signatures when they comply with Government Code section 16.5.
The Court will allow the use of digital signatures, which shall have the same force and effect as the use of a manual signatures, if they comply with all of the requirements of Government Code section 16.5.
The court permits digital signatures that have the same legal effect as manual signatures.
The Court will allow the use of digital signatures, which shall have the same force and effect as manual signatures.
Parties should not attach copies of pleadings already in the court file to a new pleading.
Parties should not attach copies of pleadings already contained in the Court file to any new pleading.
The index requirement does not apply when there is only one attachment or exhibit.
Where there is a single attachment or exhibit, the index requirement is inapplicable.
Document Filing Requirements118 rules
The Notice of Assignment must identify the selected EH-CASA and state that the assignment was made pursuant to the standing order.
Within five business days after the assignment of the selected EH-CASA, CASA shall file with the Court and serve on all parties a Notice of Assignment Pursuant to Standing Order Number 18-____ in the affected proceeding that contains the name of the selected EH-CASA and describes the assignment as having been made pursuant to this order.
Document Type
Notice Of Assignment
The EH-CASA must file a Status Report Regarding the Essential History Form in each affected case.
The results of the EH-CASA's investigation shall be presented to this Court through the filing of a Status Report Regarding the Essential History Form in each affected case.
Document Type
Status Report
A party filing a digitally signed document represents that the signer’s certificate or equivalent verification document is under its possession or control and must be produced if the Court requests it.
A party who files a document containing a digital signature under this rule represents that the signer's certificate or similar verification document is maintained in the party's possession or control, and is subject to production upon request from the Court.
Document Type
Digitally Signed Document
A petitioner's first paper in an action or proceeding must be accompanied by the Family Law Case Certificate of Assignment – Venue Declaration (KRN SUP CRT FL-2427).
The first paper filed by the petitioner in an action or proceeding must be accompanied by a Family Law Case Certificate of Assignment – Venue Declaration (KRN SUP CRT FL-2427).
Document Type
First Paper Filing
Plaintiffs in unlawful detainer cases must file the mandatory supplemental cover sheet, Judicial Council Form UD-101, containing the specified contents.
To implement Code of Civil Procedure, § 1179.01 .5(c), which requires a plaintiff to file an unlawful detainer supplemental cover sheet with specified contents, the court requires plaintiffs to file Plaintiff's Mandatory Cover Sheet and Supplemental Allegations - Unlawful Detainer (Judicial Council Form UD-101
Document Type
Plaintiff'S Mandatory Cover Sheet And Supplemental Allegations - Unlawful Detainer (Judicial Council Form UD-101)
Litigants must comply with the standing order and file mandatory form UD-101, and failure to do so may result in dismissal of the action.
Failure to comply with this Standing Order and file the mandatory form UD-101 will be grounds for dismissal of the action.
Document Type
Mandatory Form Ud 101
The party lodging a CEQA administrative record must serve a Notice of Manual Filing for that record.
The party lodging the administrative record shall file electronically and serve a Notice of Manual Filing for the administrative record.
Document Type
Administrative Record
Electronically filed Probate Department letters must contain the appointed individual’s signature in the affirmation section, and the signature may be electronic.
Letters filed electronically in the Probate Department must contain a signature of the appointed individual(s) in the affirmation section of the applicable form. The signature may be electronic, as defined in California Rules of Court, rule 2.257.
Document Type
Probate Letter
All appearing parties must file and serve a case management statement at least 15 days before the case management conference.
All parties who have appeared in the action shall file with the court and serve on all parties a case management statement no less than fifteen (15) days prior to the date of the case management conference.
Document Type
Case Management Statement
For uninsured motorist cases, the plaintiff must file a certificate of progress every 90 days describing the insurance claim and arbitration progress.
Cases classified as uninsured motorist will be placed on a review calendar and plaintiff will file a certificate of progress every 90 days advising the court of the status of his claim against his insurer and the progress of the arbitration proceeding, if any.
Document Type
Certificate Of Progress
An unlawful-detainer complaint based on a notice terminating tenancy or possession must attach the original notice as an exhibit.
All complaints for unlawful detainer shall, if based upon a notice terminating the tenancy or right to possession, be accompanied by the original such notice attached as an exhibit to the complaint as required by Code of Civil Procedure section 1166.
Document Type
Unlawful Detainer Complaint
A residential unlawful-detainer complaint generally must include a copy of any written rental agreement or lease and amendments, subject to stated exceptions.
A complaint for unlawful detainer of residential property shall be accompanied by a copy of any written rental agreement or lease regarding the premises, including any amendments or addenda to such agreement, as required by Code of Civil Procedure section 1166, unless the complaint alleges that the lease or rental agreement is oral, that neither the original nor a copy of the written rental agreement or lease is in the possession or control of the plaintiff, or the action is based solely on subdivision (2) of Code of Civil Procedure section 1161.
Document Type
Unlawful Detainer Complaint
Motions to consolidate or sever previously consolidated cases must identify each affected case number and the applicable motion, trial, and readiness dates in the title and include a proposed amended information.
Motions to consolidate or to sever cases previously consolidated for trial must reflect in their title the number of each case for which consolidation or severance is sought, the applicable motion, trial, and readiness dates, and must also include a proposed amended information.
Document Type
Motion To Consolidate Or Sever Cases
An application for an order shortening time must be presented to the Clerk's Office with a proposed order specifying service on opposing counsel and the deadline for opposing counsel's response.
Applications for orders shortening time must be presented to the Clerk's Office and must include a proposed order providing in substance that service must be made upon opposing counsel no later than a.m. /p.m. on , 20 ; and opposing counsel may file a response no later than a.m. /p.m. on , 20 , without further order from the Court.
Document Type
Application For Order Shortening Time
An application for disclosure of account information must be filed and must be accompanied by a proposed order; the application may be filed ex parte.
A prosecuting agency seeking an order requiring the disclosure of account information under Penal Code section 186.11(d)(S) must file an application for the order, which may be filed ex parte. A proposed order must accompany the application.
Document Type
Application For Order Disclosing Account Information
Every filing in a Penal Code section 186.11 proceeding must list the assigned FP case number and the related criminal case number on the front page.
All notices, applications, pleadings, claims, supplemental petitions, and papers filed in the proceeding under Penal Code section 186.11 must list the assigned “FP” case number on the front page of the filing, and must also list the criminal proceeding case number to which it is pendent, e.g., “Case no. FP00000X [Pendent to BF00000X].”
Document Type
Notice Application Pleading Claim Supplemental Petition Or Other Paper
The petition must include the required Penal Code section 186.11(d)(2) allegations and identify the specific assets and property affected.
The petition must contain the allegations required under Penal Code section 186.11(d)(2), including the specific assets and property to be affected by an order under Penal Code section 186.11.
Document Type
Petition
A prosecuting agency seeking provisional or protective remedies under Penal Code section 186.11(d)(2) must file a petition with the Criminal Division, which commences a new proceeding.
A prosecuting agency seeking one or more of the provisional or protective remedies specified in Penal Code section 186.11(d)(2) must file a petition with the Criminal Division. The filing of the petition commences a new proceeding.
Document Type
Petition
A claim to an interest in assets or property described in provisional or protective relief proceedings must be verified and must state the property interest and its nature and amount.
Any claim that is filed by a person who claims an interest in assets or property described in a petition, supplemental petition, or order granting provisional or protective relief, must be verified. A verified claim must describe the asset or property in which the person claims an interest, and state the nature and amount of that interest.
Document Type
Verified Claim
An ex parte OSC application must describe the relief sought and applicable legal authority and must include a separate proposed order.
An OSC may issue upon application to the court, which must describe the relief sought and applicable legal authority. An OSC may be issued ex parte, and the application must be accompanied by a separate proposed order.
Document Type
Application For Order To Show Cause
A TRO application must include the relief and legal-authority description, the required sworn peace-officer declaration, and a proposed TRO.
The application for a TRO must consist of: (a) an application describing the relief sought and applicable legal authority, (b) the sworn declaration of a peace officer required by Penal Code section 186.11(f)(l), and (c) the proposed TRO.
Document Type
Application For Temporary Restraining Order
The proposed TRO must state that it is issued pending the motion or OSC hearing and expires on the hearing date unless extended by court order.
The proposed TRO must include provisions that it is issued “pending the hearing on” the motion or OSC, and that the TRO “expires on” the date set for hearing on the motion or OSC, “unless the expiration date is extended by court order.”
Document Type
Proposed Temporary Restraining Order
A QDRO may not be submitted for approval without a plan representative's approving signature or documentation of plan approval.
No Qualified Domestic Relations Order (QDRO) may be submitted for approval unless the order includes a signature by a plan representative approving it, or there is documentation that the plan has approved the order.
Document Type
Qualified Domestic Relations Order
Proof of service must be filed before a Request for Order, Order to Show Cause, or Notice of Motion is called, although the court may hear the matter if both parties appear and agree to proceed.
Proof of service must be filed before the matter is called. If there is no proof of service filed, yet both parties appear and agree to proceed, the court, in its discretion, may hear the matter.
Document Type
Requests For Orders, Orders To Show Cause, And Notices Of Motion
At least five days before a Mandatory Settlement Conference involving monetary issues, each party must exchange and file a Settlement Conference Statement identifying all issues and the party’s position on each issue and including points and authorities when appropriate.
(b) At least five (5) days prior to the Mandatory Settlement Conference, the parties shall exchange and file current Income and Expense Declarations and a Settlement Conference Statement that identifies all issues in detail, and that party’s position with respect to each issue in all cases involving monetary issues. The Settlement Conference Statement shall include points and authorities, if appropriate.
Document Type
Settlement Conference Statement
A party obtaining additional information must file an updated UCCJEA form and have it served on the other party.
A party has a continuing duty to file an updated UCCJEA form and have it served on the other party if he or she obtains additional information
Document Type
Updated Uccjea Form
In any original or subsequent proceeding involving child custody, visitation, or both, the parties must attach a completed UCCJEA declaration.
(a) In all original and subsequent proceedings where child custody, visitation, or both, are issues, the parties must attach a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form.
Document Type
Uccjea Declaration
At least five days before a Mandatory Settlement Conference, parties must exchange and file current Income and Expense Declarations, but an updated declaration is unnecessary when no child support, spousal support, or attorneys’ fees issues remain.
(b) At least five (5) days prior to the Mandatory Settlement Conference, the parties shall exchange and file current Income and Expense Declarations and a Settlement Conference Statement that identifies all issues in detail, and that party’s position with respect to each issue in all cases involving monetary issues. The Settlement Conference Statement shall include points and authorities, if appropriate. An updated Income and Expense Declaration will not be required if there are no remaining issues of child support, spousal support, or attorneys’ fees.
Document Type
Income And Expense Declaration
The parties must disclose specified related cases by filing Confidential-Party Identification and Notice of Related Case(s), local mandatory form KRN SUP CRT FL-0122.
The parties must disclose the existence of any related case involving either of the parties or the minor children of the parties. Examples of related cases include family law, guardianship, domestic violence, criminal, and/or juvenile cases involving a minor child of one or both of the parties. This information shall be provided to the court by filing a Confidential-Party Identification and Notice of Related Case(s) (local mandatory form KRN SUP CRT FL-0122).
Document Type
Confidential Party Identification And Notice Of Related Cases
A completed Judicial Council Form FL-191 must accompany a Findings and Order After Hearing or Judgment containing an initial or modified child or family support order, unless the Department of Child Support Services is currently involved in collecting support.
(a) Any submission of a Findings and Order After Hearing or Judgment containing an initial order or modification of child or family support must include a completed Judicial Council Form FL- 191 Child Support Case Registry Form with the order.
Document Type
Findings And Order After Hearing Or Judgment
An appointed minor’s counsel who has not been relieved by a Judicial Officer must file a motion to withdraw as attorney of record.
An attorney appointed as minor’s counsel may be relieved as attorney of record by a Judicial Officer following disposition of the matter in Court. If an attorney appointed as minor’s counsel wishes to withdraw from a proceeding as attorney of record for the minor and has not been previously relieved by a Judicial Officer, he or she must file a motion seeking such relief.
Document Type
Motion
A complaint about appointed minor’s counsel must be written, fact-specific, filed, and served on all counsel and self-represented parties.
In a family law proceeding in which the Court has appointed counsel for a minor child or children, any party or attorney for a party in the action or the minor child may present a complaint about the performance of appointed counsel. The complaint must be in writing, fact specific, and filed and served on all counsel and self-represented parties.
Document Type
Complaint About Minor Counsel
A completed Confidential-Party Identification and Notice of Related Case(s) must accompany every Family Law case-initiating pleading and ex parte application, be filed with the court, and not be served on any party.
A completed Confidential-Party Identification and Notice of Related Case(s) must accompany every Family Law case-initiating pleading and any ex parte applications. This document is to be filed with the court. It is not to be served on any party.
Document Type
Family Law Case Initiating Pleading And Ex Parte Application
An updated Child Support Case Registry Form must be completed and resubmitted within 10 days after any change to a party’s previously submitted information.
(b) Any change to a party’s information previously submitted through the Child Support Case Registry Form must be resubmitted with the completion of an updated Child Support Case Registry Form within ten (10) days of the change.
Document Type
Child Support Case Registry Form
Attorneys appointed as counsel for minor children must file Judicial Council Form FL-322 as proof of qualifications within 10 days after appointment.
Any and all attorneys accepting appointments as counsel for minor children in family law proceedings must lodge with the Family Law Department proof of their qualifications pursuant to California Rule of Court, rule 5.242 by filing the required Judicial Council Form FL-322 in the appointed case within ten (10) days after appointment.
Document Type
Fl-322
A Collaborative Law Case may be designated by filing a signed written agreement providing for information exchange, withdrawal of the collaborative attorney at termination, joint consultant retention unless otherwise authorized, and good-faith efforts to resolve disputes without adversarial judicial intervention.
A case may be designated a “Collaborative Law Case” upon the filing of a signed a written Collaborative Law Agreement that provides for (1) a full exchange of information, (2) the withdrawal of the collaborative attorney (whether or not said attorney is of record) upon the termination of the collaborative law process, (3) the joint retention of any consultants needed to assist the parties in the Collaborative Law Process, unless otherwise authorized by the written agreement of the parties, and (4) the agreement by the parties to use their best efforts and make a good faith attempt to resolve family law disputes without resorting to adversary judicial intervention.
Document Type
Collaborative Law Agreement
Every document filed in a Collaborative Law Case must include the words “Collaborative Law Case” below the case number in the case caption.
(b) The words “Collaborative Law Case” shall be placed below the case number in the case caption on all documents filed with the Court.
Document Type
All Documents
A party may terminate Collaborative Law Case designation without cause by providing written notice to the other party and filing the original notice with proof of service.
Either party may terminate the designation of a case as a Collaborative Law Case without cause by either providing a written notice of such termination to the other party and filing with the court the original notice of termination and a proof of service upon the other party.
Document Type
Notice Of Termination
Certain documents and information must be submitted to the Clerk of the Court before the Clerk executes an elisor signature.
(e) The following shall be submitted for review by the Clerk of the Court prior to execution of documents:
Document Type
Clerk Elisor Signature Submission
A surrogacy agreement or gestational contract must be lodged with a petition to establish parental obligations and will be returned after final disposition.
(d) Upon filing a Petition to Establish Parental Obligations involving Surrogacy Agreements, the Surrogacy Agreement/Gestational Contract shall be lodged with the Court. The agreement/contract will be returned upon final disposition to the submitting party.
Document Type
Petition To Establish Parental Obligations
Specialized petitions must list each party's or minor's complete legal name consistently, including all birth-name components; initials are not acceptable.
(b) Petitions filed under this part shall contain complete party/minor(s) legal names listed consistently throughout all filings. Parties list birth names in their entirety to include first name, middle name, surname, married/maiden name. Initials shall not be acceptable in filings.
Document Type
Specialized Petition
A petition for freedom from parental custody and control must be accompanied by the specified mandatory order form when filed.
(f) Any petition for Freedom from Parental Custody and Control must be accompanied by an Order Granting Petition For Freedom From Parental Custody and Control (local mandatory form KRN SUP CRT FL-2326) when filed.
Document Type
Petition For Freedom From Parental Custody And Control
A self-represented party must notarize its signature within a specialized petition filed under Rule 6.19.
(g) Self-Represented Parties shall notarize their signature within specialized Petitions filed under this part.
Document Type
Specialized Petition
Parties filing specialized petitions must lodge certified birth certificates and provide self-addressed stamped envelopes, except in surrogacy-related filings.
(c) Upon filing of these specialized Petitions, parties shall lodge a certified copy of Birth Certificate for the minor(s)/adult(s) subject to the applicable proceedings. This rule does not apply to surrogacy related filings. Self-addressed, stamped, envelopes must be provided for a birth certificate to be returned.
Document Type
Specialized Petition
Nonprofessional supervised visitation providers must submit a signed Form FL-324(NP) to the Manager of the Family Court Services Department.
All nonprofessional supervised visitation providers must sign a Declaration of Supervised Visitation Provider (Nonprofessional) (Form FL-324(NP)) stating that all requirements to be a nonprofessional provider have been met. See Standard 5.20(d)(3). The Declaration must be submitted to the Manager of the Family Court Services Department.
Document Type
Nonprofessional Supervised Visitation Provider Declaration
Professional supervised visitation providers must submit a signed Form FL-324(P) to the Manager of the Family Court Services Department before a new provider's first supervised visit.
All professional supervised visitation providers must sign a Declaration of Supervised Visitation Provider (Professional) (Form FL-324(P)) stating that all training and qualification requirements to be a professional provider have been met. The Declaration must be submitted to the Manager of the Family Court Services Department before the first supervised visit for new providers.
Document Type
Professional Supervised Visitation Provider Declaration
A professional provider submitting a required report to the court must also submit a separate copy to the Manager of the Family Court Services Department.
Every time the professional visitation provider submits a report to the court required by Standard 5.20(j)(3), a separate copy of the report must be submitted to the Manager of the Family Court Services Department.
Document Type
Supervised Visitation Provider Report
The FLCM Notice must notify the Court and opposing party, explain the 20-day objection right, notify potentially impacted public retirement plans, and state the basis for the request.
The FLCM Notice shall (i) notify the Court and the opposing party of the requesting party’s request to subject the case to the FLCM Rules, (ii) notify the opposing party of his or her right to serve and file an objection to the application of the FLCM Rules within 20 days of the FLCM Notice’s being served, (iii) notify any public retirement plan that may be impacted as a result of the Court’s order(s), and (iv) state the basis for the requesting party’s request that the case be subject to the FLCM Rules.
Document Type
Family Law Case Management Notice
Every probate order must state the presiding judge’s name, the hearing date, and the department.
Orders shall contain the name of the judge presiding, the date of hearing and the department.
Document Type
Probate Order
Filing & Service rules
Electronic Filing Rules
Electronically filed charging documents must comply with Local Rule 1.10.
All electronically filed charging documents are subject to Local Rule 1.10.
Page 2 | PERMISSIVE ELECTRONIC FILING OF CHARGING DOCUMENTS IN ADULT AND JUVENILE CRIMINAL CASES
Electronic filing is prohibited for criminal and juvenile case documents other than charging documents.
No other electronic filing is permitted for criminal or juvenile cases, other than charging documents.
Page 2 | PERMISSIVE ELECTRONIC FILING OF CHARGING DOCUMENTS IN ADULT AND JUVENILE CRIMINAL CASES
Small Claims documents may be filed electronically through an EFSP, in person, or by mail.
E-Filing Small Claims documents may be done through Electronic Filing Service Providers (EFSP). Click here to E-File. In person at the Courthouse where your claim is to be heard. By mail to the appropriate Courthouse. Provide the original Plaintiff’s Claim and Order plus one (1) copy for each Defendant and you. Provide a self -addressed stamped envelope so the Clerk can mail copies back to you.
Page 1 | Small Claims Filing Options
The SharePoint system has five designated filing folders: Probation Reports, STRTP, Warrants, WIC777/778, and Orders.
There will be five corresponding folders titled: (1) Probation Reports, (2) STRTP,(3) Warrants, (4) WIC777/778, (5) Orders.
Page 1 | ORDER PERMITTING ELECTRONIC FILING OF PROBATION REPORTS, STRTP REQUESTS AND ORDERS, NOTICES UNDER WIC 777 AND 778, AND WARRANTS BY THE KERN COUNTY PROBATION DEPARTMENT IN JUVENILE JUSTICE MATTERS
No documents other than those listed in the order may be filed electronically.
No other documents maybe filed electronically.
Page 1 | ORDER PERMITTING ELECTRONIC FILING OF PROBATION REPORTS, STRTP REQUESTS AND ORDERS, NOTICES UNDER WIC 777 AND 778, AND WARRANTS BY THE KERN COUNTY PROBATION DEPARTMENT IN JUVENILE JUSTICE MATTERS
Documents filed through SharePoint in juvenile justice matters are subject to statutory and California Rules of Court confidentiality requirements.
All documents filed through the SharePoint system in Juvenile Justice matters are subject to the confidentiality provisions of Welfare and Institutions Code section 827 and California Rules of Court, rule 5.552.
Page 2 | STANDING ORDER PERMITTING SUBMISSION OF ELECTRONIC FILING BY KERN COUNTY PROBATION IN JUVENILE JUSTICE MATTERS
SharePoint access is restricted to persons authorized under WIC section 827, and the Probation Department may not share access with unauthorized persons or entities.
Access to filed documents through the SharePoint system shall be restricted to persons authorized to access juvenile case files under Welfare and Institutions Code section 827. The Probation Department shall not disseminate or share access to filed documents with persons or entities not authorized under Welfare and Institutions Code section 827.
Page 2 | STANDING ORDER PERMITTING SUBMISSION OF ELECTRONIC FILING BY KERN COUNTY PROBATION IN JUVENILE JUSTICE MATTERS
Electronic filing is unavailable for complaints concerning Judicial Officers or Subordinate Judicial Officers.
Electronic filing is not available for complaints concerning Judicial Officers or Subordinate Judicial Officers.
Page 16 | Rule 1.2.2(b)
A complaint concerning a Judicial Officer or Subordinate Judicial Officer must be mailed to the court at the specified Presiding Judge-Department 1 address.
Each complaint must be mailed to the Court, to the attention of the Presiding Judge-Department 1, 1415 Truxtun Avenue, Bakersfield, CA 93301.
Page 16 | Rule 1.2.2(c)
Electronic filing is mandatory for filings by represented parties in the listed case types, but not for Habeas Corpus proceedings.
As authorized by Code of Civil Procedure (CCP) section 1010.6(d) and California Rules of Court (CRC), rule 2.253(b)(1), electronic filing (E-File) will be mandatory for all filings by parties represented by counsel in the following case types: Limited and Unlimited Civil, Family Law, Probate, cases affecting parentage (adoptions, surrogacies, abandonments, terminations of parental rights, and emancipations), cases related to the California Environmental Quality Act (CEQA), Civil Writ cases, and Unlawful Detainers. Habeas Corpus proceedings are not subject to the mandatory e-filing requirement.
Page 25 | Rule 1.10 Electronic Filing and Service
Documents must be filed through an EFSP listed on the Kern Superior Court website.
Documents must be filed using an Electronic Filing Service Provider (EFSP) located on the court’s website at www.kern.courts.ca.gov.
Page 26 | Rule 1.10(e) Electronic Filing and Service
Applications for entry of judgment containing an instrument, contract, or written obligation must be electronically filed, while the original instrument must be submitted to the clerk by conventional methods.
Applications for entry of a judgment that include an instrument, contract, or written obligation must be electronically filed and the original instrument must be filed at the Clerk’s office via conventional methods.
Page 27 | General Rules
Foreign registrations and filings requiring notarization, certification, or an apostille must be electronically filed, with originals lodged at least 10 days before the hearing.
Foreign Registrations and/or filings requiring notarizations, certification, or apostilles must be electronically filed. However, originals must be lodged at least ten (10) days before any hearing on the matter.
Page 27 | General Rules
The listed documents and filings cannot be submitted electronically and must be filed in hard copy format.
Certain documents/filings are not eligible for submission through electronic filing and must be submitted in hard copy format. These documents include: 1. Any and all documents deemed sealed by California Rules of Court or statute; 2. Any and all documents requested or intended to be sealed by the Court; 3. Subpoenaed documents; 4. Bonds; 5. Undertakings; 6. Civil Bench Warrants; 7. Original Contracts/Instruments; 8. Over-sized Documents/Exhibits; 9. Sister-State Judgments; 10. Affidavits re Real Property of Small Value; 11. Original Wills/Codicils; 12. Any appeal-related documents, including notices of appeal; and 13. Electronic evidence.
Page 27 | General Rules
The party lodging a CEQA administrative record must file it electronically and serve a Notice of Manual Filing.
The party lodging the administrative record shall file electronically and serve a Notice of Manual Filing for the administrative record.
Page 28 | General Rules
All electronic filings must be electronically signed under California Rules of Court rule 2.257.
All electronic filings shall be electronically signed as provided in California Rules of Court, rule 2.257.
Page 39 | Rule 1.22(a) Signature in Electronically Filed Documents
A copy of the instrument, contract, or written obligation may be filed electronically in an application for entry of judgment.
As of the effective date of this Standing Order, a copy of the instrument, contract, or written obligation may be filed electronically.
Page 1 | In Re: Original Instrument Filings in Applications for Entry of Judgment
The clerk is authorized to accept a copy of the instrument, contract, or written obligation submitted with an application for entry of judgment.
Instead, the clerk is authorized to accept a copy of the instrument, contract, or written obligation submitted with the request/application for entry of judgment.
Page 2 | In Re: Original Instrument Filings in Applications for Entry of Judgment
Beginning August 25, 2025, only paper filings will be accepted, except that probate, civil, and family law filers may use third-party fax filing through a fax filing agency complying with Local Rule 1.9.
Therefore, beginning on Monday, August 25, 2025, the Court will only accept paper filings, with the mflmm#wN—¥OOQNOU1AOONAO exception of probate, civil and family law, which may also utilize third party fax filing NNNNMNNNNAAAAAAAAAA through a fax filing agency in compliance with Local Rule 1.9.
Page 1 | Suspension of Electronic Filing
Beginning at 11:59 p.m. on August 24, 2025, the Court will not accept electronic filings through File & Serve until further notice.
Effective Sunday, August 24, 2025, at 11:59 p.m., and until further notice the Court will no longer accept electronic filings via File & Serve.
Page 1 | Suspension of Electronic Filing
Beginning October 6, 2025 at 8:00 A.M., represented parties must file all court documents electronically through the Court's eCourt portal, and the court will not accept their paper filings through a drop box, mail, facsimile, or filing window.
Effective Monday, October 6, 2025, at 8:00 A.M., the court will no longer accept paper filings , either through a court drop-box, the United States Postal Service, facsimile, or filing window, from represented parties. Therefore, consistent with Local Rule 1.10, beginning on Monday, October 6, 2025, at 8:00 A.M. , all court documents filed by represented parties must be electronically filed through the Court's eCourt portal.
Page 1 | IN RE: RESUMPTION OF ELECTRONIC FILING
The mandatory e-filing rule applies to attorneys, justice partners, and vendors unless a stated exception applies; the listed groups are not required to e-file but are encouraged to participate.
Except as otherwise specified, this requirement is specific to all attorneys, justice partners, and vendors. Represented parties in Habeas Corpus proceedings, attorneys in proceedings filed under the Domestic Violence Prevention Act, attorneys in proceedings filed under the Elder Abuse and Dependent Adult Civil Protection Act, attorneys representing minors in Family Law or Probate proceedings, and self-represented litigants are not required to E-File but are encouraged to participate.
Page 25 | Rule 1.10 Electronic Filing and Service
Electronic filers and servers must comply with the applicable statutory and California Rules of Court electronic filing and service requirements.
Unless this rule provides otherwise, parties filing and serving documents electronically shall comply with all the requirements set forth in Code of Civil Procedure section 1010.6 and California Rules of Court, rules 2.252 et seq.
Page 25 | Rule 1.10 Electronic Filing and Service
Probate and family law documents may be filed by facsimile through a qualifying fax filing agency.
Notwithstanding Electronic Filing requirements in California and Kern County Local Rules of Court, the Superior Court of California, County of Kern, allows the filing of probate and family law documents by facsimile transmission through the use of a fax filing agency only as defined in California Rule of Court, rule 2.301(7). California Rules of Court, rules 2.300 et seq. applicable to fax filings through a fax filing agency apply.
Page 25 | Rule 1.9 Facsimile Filing
A party may request exemption from mandatory electronic filing and service for undue hardship or significant prejudice by serving and filing the request and proposed order; pending the order, an attorney may file in paper form.
An attorney or party who is required to file and receive documents electronically under this rule may request to be excused from those requirements by showing undue hardship or significant prejudice. An attorney or party requesting to be excused from mandatory electronic filing should serve on all parties and file with the court a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007), with Proposed Order (Judicial Council Form EFS-008). Until an order on the Request for Exemption from Mandatory Electronic Filing is issued, an attorney will be allowed to file documents in paper form.
Page 26 | Rule 1.10(a) Electronic Filing and Service
Digital signatures are authorized for filed documents, are not required solely for electronic filing, have the same effect as manual signatures, and must comply with Government Code section 16.5.
While not required solely for purposes of electronic filing under California Rules of Court, rule 2.257, digital signatures on documents filed with the Court are authorized and have the same force and effect as manual signatures. All digital signatures must comply with the requirements of Government Code section 16.5.
Page 39 | Rule 1.22(b) Digital Signatures
At the court's discretion, attorneys may submit the informal arraignment form electronically by email or facsimile, by U.S. mail, or at the appropriate Clerk’s Office location.
At the Court’s discretion, attorneys who represent misdemeanor defendants who are not in custody, may arraign their clients by electronic mail, U.S. Mail, facsimile, or by submitting the form at the Clerk’s Office location where the case is initially scheduled to be heard.
Page 64 | Rule 5.1.2(c)(2) Informal Arraignment by Submission of the Misdemeanor Informal Arraignment Form
Paper filings received through the United States Postal Service and postmarked before October 6, 2025 will be accepted for filing.
Any paper filings received via United States Postal Service that are post-marked before October 6, 2025, shall be accepted for filing.
Page 1 | IN RE: RESUMPTION OF ELECTRONIC FILING
Filing Timing and Cure Windows
CASA must file and serve a Notice of Assignment on all parties within five business days after assigning the selected EH-CASA, identifying the advocate and the basis for the assignment.
Within five business days after the assignment of the selected EH-CASA, CASA shall file with the Court and serve on all parties a Notice of Assignment Pursuant to Standing Order Number 18-____ in the affected proceeding that contains the name of the selected EH-CASA and describes the assignment as having been made pursuant to this order.
Page 2 | Appointment of Essential History Court Appointed Special Advocate ("EH-CASA") in Dependency Cases
February 24, 2023 is treated as a holiday for computing filing deadlines if emergency conditions substantially interfered with the public's ability to file papers at a court facility.
1. For purposes of computing time for filing papers with the Court under Code of Civil Procedure sections 12 and 12a, February 24, 2023 is deemed a holiday if the emergency conditions described in the Order have substantially interfered with the public’s ability to file papers in a court facility on that date (Gov. Code, § 681 15(a)(4));
Page 1 | General Order Re: Implementation of Emergency Relief Authorized Pursuant to Government Code Section 68115 by Chair of Judicial Council — paragraph 1
A judge may extend by no more than one day the duration of a temporary restraining order that would otherwise expire on February 24, 2023 when emergency conditions prevented proceedings on whether a permanent order should issue.
3. Any judge of the Court may extend by not more than 1 day the duration of any l temporary restraining order that would otherwise expire on February 24, 2023, because the 24 emergency condition described in the Order prevented the Court from conducting proceedings to determine whether a permanent order should be entered (Gov. Code, § 681 15(a)(7));
Page 1 | General Order Re: Implementation of Emergency Relief Authorized Pursuant to Government Code Section 68115 by Chair of Judicial Council — paragraph 3
February 24, 2023 is treated as a holiday for computing Penal Code section 825 deadlines if the emergency conditions prevent the court from conducting necessary proceedings that day.
2._ For purposes of computing time under Penal Code section 825, February 24, 2023 is deemed a holiday if the emergency conditions described in the Order prevent the court from conducting proceedings on that date as necessary t0 satisfy these deadlines (Gov. Code, § 68115(a)(5));
Page 1 | General Order Re: Implementation of Emergency Relief Authorized Pursuant to Government Code Section 68115 by Chair of Judicial Council — paragraph 2
For an applicable preliminary-examination deadline that would otherwise expire on February 24, 2023, a judge may extend the statutory period from 10 court days to no more than 11 court days.
4. Any judge of the Court may extend the time period provided in section 859b of the Penal Code for the holding of a preliminary examination from 10 court days to not more than IMPLEMENTATION ORDER RE ENIERGENCY ORDER -1
Page 1 | General Order Re: Implementation of Emergency Relief Authorized Pursuant to Government Code Section 68115 by Chair of Judicial Council — paragraph 4
For an applicable criminal-trial deadline that would otherwise expire on February 24, 2023, a judge may extend the statutory time period by no more than one day.
5. Any judge of the Court may extend the time period provided in section 1382 0f the Penal Code for the holding of a criminal trial by not more than 1 day, applicable only to cases in which the statutory deadline otherwise would expire on February 24, 2023 (Gov. Code, § 68115(a)(10)).
Page 2 | General Order Re: Implementation of Emergency Relief Authorized Pursuant to Government Code Section 68115 by Chair of Judicial Council — paragraph 5
The clerk must reject a bail-review motion that lacks proof of timely service on the Kern County Probation Department.
The clerk of the court shall reject any motion that does not contain proof of timely service on the Kern County Probation Department.
Page 1 | IN RE: NOTICE REQUIREMENTS RE BAIL REVIEW HEARINGS
For computing time to file court papers, February 22–23, 2023 are deemed holidays if emergency conditions substantially interfered with the public's ability to file at a court facility.
For purposes of computing time for filing papers with the Court under Code of Civil Procedure sections 12 and 12a, February 22, 2023, to February 23, 2023, inclusive, are deemed holidays if the emergency conditions described in the Order have substantially interfered with the public's ability to file papers in a court facility on those dates (Gov. Code, § 68115(a)(4));
Page 1 | 1. Filing Papers with the Court
In unlawful detainer cases held for processing, plaintiffs seeking summons issuance or default must submit Form UD-101 with any future filing.
Plaintiffs seeking issuance of a summons or request for entry of default in a case that has been held for processing must submit Form UD-101 with any future filing.
Page 2 | STANDING ORDER– IN RE: IMPLEMENTATION OF AB 3088, THE TENANT, HOMEOWNER, AND SMALL LANDLORD RELIEF AND STABILIZATION ACT AND CENTER FOR DISEASE CONTROL AND PREVENTION MORATORIUM ON EVICTIONS – REVISED OCTOBER 7, 2020
For new unlawful detainer actions filed after October 9, 2020, Form UD-101 must accompany the complaint or the complaint will be rejected.
For any new unlawful detainer action filed after October 9, 2020, plaintiff must file this form with their complaint, or the complaint will be rejected.
Page 2 | STANDING ORDER– IN RE: IMPLEMENTATION OF AB 3088, THE TENANT, HOMEOWNER, AND SMALL LANDLORD RELIEF AND STABILIZATION ACT AND CENTER FOR DISEASE CONTROL AND PREVENTION MORATORIUM ON EVICTIONS – REVISED OCTOBER 7, 2020
A fee-waiver party requesting an official court reporter must file Judicial Council Form FW-020 at least ten calendar days before the trial or evidentiary hearing.
If a party has been granted a fee waiver, the party may request that the court provide an official reporter for attendance at the proceedings. To request a court reporter, the party with a fee waiver must file Judicial Council Form FW-020 at least ten calendar days prior to the trial or evidentiary hearing.
Page 18 | Rule 1.6
Court reporters must submit required appeal billing no later than 20 calendar days after the transcripts are completed.
In order to allow the court to process timely refunds to parties to an appeal in accordance with California Rules of Court, rules 8.130(f)(3) and 8.834(d)(3), court reporters must submit their billing as required by these rules no later than 20 calendar days after the transcripts are completed.
Page 18 | Rule 1.6
Noncompliant fax filings are rejected, and the filing party is responsible for proper facsimile transmission.
(b) Fax filings not in compliance with applicable rules will not be accepted for filing by the court. The proper transmission of a document facsimile is the responsibility of the filing party, not the court.
Page 25 | Rule 1.9(b) Facsimile Filing
Fax filings received after 5:00 p.m. or on a court holiday are deemed filed the next court day.
(a) Fax filings delivered and/or received after 5:00 p.m. or on Court Holidays shall be deemed filed on the next court day.
Page 25 | Rule 1.9(a) Facsimile Filing
Electronic documents filed from midnight through 11:59:59 p.m. are deemed filed that business day, while documents filed on a non-court day are deemed filed the next court day.
(d) Electronic documents filed between 12:00 a.m. and 11:59:59 p.m. shall be deemed filed on that business day pursuant to Code of Civil Procedure section 1010.6(b)(3). Any document that is filed electronically on a non-court day shall be deemed filed on the next court day.
Page 26 | Rule 1.10(d) Electronic Filing and Service
Original documents for the specified filings must be lodged at least 10 days before the hearing.
However, originals must be lodged at least ten (10) days before any hearing on the matter.
Page 27 | General Rules
A motion to set aside a default judgment must use appropriate legal forms, be presented to the court, and have fees paid within 30 days after entry of the judgment.
Appropriate legal forms for such motion must be prepared and presented to the court, with fees paid, within thirty (30) days from the date the default judgment is entered.
Page 42 | Chapter II. Small Claims Rules, Rule 2.7.2
All ex parte applications or petitions and supporting paperwork must be filed by noon on the court day before the hearing.
and all applications/petitions and supporting paperwork must be filed with the Court no later than 12:00 p.m. the court day prior to the scheduled hearing.
Page 44 | Rule 3.4(b)
Copies of all papers for an ex parte hearing must be filed by noon on the court day before the hearing.
Copies of all papers to be presented at the hearing must be filed with the Court no later than 12:00 p.m. the court day prior to the scheduled hearing.
Page 44 | Rule 3.4(a)
Proof of service must be filed with the Clerk of the Court at least three calendar days before the scheduled court date, or the matter will be removed from the court calendar.
In cases in which there is no proof of service filed with the Clerk of the Court at least three (3) calendar days prior to the scheduled court date, the matter shall be removed from the court calendar by the Clerk of the Court.
Page 44 | Rule 3.3.3
For an ex parte matter, notice must be provided to all parties by 10:00 a.m. and the application and supporting papers must be filed by noon on the preceding court day.
Notice must be provided to all parties no later than 10:00 a.m. on the court day prior to the scheduled hearing, in accordance with California Rule of Court, rule 3.1203(a)(b), and all applications/petitions and supporting paperwork must be filed with the Court no later than 12:00 p.m. the court day prior to the scheduled hearing.
Page 44 | Rule 3.4(b)
The listed final case management documents must be submitted to the court no less than fifteen days before the date the matter is set for trial.
At least five (5) days prior to any final case management conference set in advance of the day of trial but no less than fifteen (15) days prior to the date the matter is set for trial each party shall serve on every other party and submit to the court the following:
Page 47 | Rule 3.9(a) Final Case Management Conference
The certificate of progress in an uninsured motorist case is due every 90 days.
Cases classified as uninsured motorist will be placed on a review calendar and plaintiff will file a certificate of progress every 90 days advising the court of the status of his claim against his insurer and the progress of the arbitration proceeding, if any.
Page 49 | Rule 3.13 Uninsured Motorist Cases
An Arbitration Award must be filed with the court within 10 days after arbitration is completed or by the 90th day after assignment, whichever applies.
(e) Within ten (10) days of completion of the arbitration or the 90th day from the date of assignment file an Arbitration Award with the court.
Page 51 | Rule 3.14.4 Responsibility and Authority of the Arbitrator
The plaintiff must request to set the case for trial within 25 days after filing the complaint unless a default-judgment request or dismissal request has already been filed.
(a) Within twenty-five (25) days of the date of filing of the complaint, the plaintiff shall file a request to set for trial unless a request for entry of default judgment or request for dismissal has been filed.
Page 57 | Rule 3.15.5 Setting Case for Trial
A request for entry of default must be made within 45 days after filing the action unless an answer or other response has been filed or the action has been dismissed or finally disposed of.
(a) Request for entry of default shall be made within forty-five (45) days of the date of filing of the action unless an answer or other response has been filed, or the action is dismissed or finally disposed of in its entirety.
Page 57 | Rule 3.15.8 Default
Within six months after entry of a default judgment for possession only, the plaintiff must set a default hearing for money damages or submit the declaration required by Code of Civil Procedure section 585(b) and (d).
(b) Plaintiff shall, within six (6) months of entry by the clerk of a default judgment for possession of the premises only, set the case for a default hearing for judgment for money damages, or shall submit a declaration pursuant to Code of Civil Procedure section 585(b) and (d).
Page 57 | Rule 3.15.8 Default
The court must set the case for trial no later than 20 days after the memorandum to set the case for trial is filed and must provide notice under Code of Civil Procedure section 594.
(b) The case will be set for trial not more than twenty (20) days after the date of filing of the memorandum to set the case for trial. The court shall give notice of trial in accordance with Code of Civil Procedure section 594.
Page 57 | Rule 3.15.5 Setting Case for Trial
Service and Proof of Service Rules
CASA must serve the Notice of Assignment on all parties within five business days after the selected EH-CASA is assigned.
Within five business days after the assignment of the selected EH-CASA, CASA shall file with the Court and serve on all parties a Notice of Assignment Pursuant to Standing Order Number 18-____ in the affected proceeding that contains the name of the selected EH-CASA and describes the assignment as having been made pursuant to this order.
Page 2 | Appointment of Essential History Court Appointed Special Advocate ("EH-CASA") in Dependency Cases
A felony bail-review motion must be served on the Kern County Probation Department at least two days before the hearing.
Motions filed in felony cases for a bail review hearing, also known as a Humphrey Motion (In re Humphrey (2021) 11 Cal.5th 135), must be served on the Kern County Probation Department, located at 1415 Truxtun Avenue, Bakersfield, California 93301, at least two days prior to the hearing on the request.
Page 1 | IN RE: NOTICE REQUIREMENTS RE BAIL REVIEW HEARINGS
The Sheriff, his deputies, or their agents must personally serve the Order on a person appearing to violate it, advise that person of the apparent violation, and promptly notify the appropriate court officials if the violation continues after notice.
The Sheriff of Kern County and his deputies and their agents are directed to serve a copy of this Order personally on any person who appears to be in violation thereof, to advise such person of the apparent violation, and, if the apparent violation continues after such notice, to STANDING ORDER-EXPRESSIVE ACTIVITY - 5 ===== PAGE 6 ===== immediately notify the Court's Executive Officer, Presiding Judge, or Supervising Judge responsible for that courthouse, as may be available in that order, so that the Court can determine whether proceedings should be initiated to ensure compliance with this Order.
Page 5 | 3. Posting and Service of Order
A represented party, or an unrepresented party consenting to electronic service, must provide its electronic service addresses when it first electronically files, may list two addresses, and those addresses are proper for service.
Each represented party, or unrepresented parties who consent to electronic service, must furnish their electronic service address(es) on the first occasion they electronically file any paper. Each party may have two electronic service addresses in each case. The electronic service addresses provided will be deemed proper for service.
Page 26 | Rule 1.10(g) Electronic Filing and Service
A party must serve all other parties or their attorneys and file a notice of electronic-address change with the court within seven days after the address changes.
A party whose electronic service address changes while the action or proceeding is pending must serve on all parties and file with the court a notice of change of electronic address. This notice must be served on all other parties or their attorneys of record and filed with the court within seven (7) days of the change.
Page 26 | Rule 1.10(h) Electronic Filing and Service
Proof of service must be filed with the Clerk at least three calendar days before the scheduled court date or the case will be removed from the calendar and dismissed without prejudice.
Cases in which there is no proof of service filed with the Clerk of the Court at least three (3) calendar days prior to the scheduled court date shall be removed from the court calendar by the Clerk of the Court and dismissed without prejudice.
Page 41 | Chapter II. Small Claims Rules, Rule 2.3
When using personal service, the plaintiff must provide proof of service.
For personal service, it is the responsibility of the plaintiff to provide proof of service.
Page 41 | Chapter II. Small Claims Rules, Rule 2.2
The plaintiff may not personally serve the Claim and Order.
The plaintiff shall not personally serve the Claim and Order.
Page 41 | Chapter II. Small Claims Rules, Rule 2.2
The Notice of Case Assignment must be served on all parties together with the case-initiating documents.
A copy of this notice must be served on the parties with the case initiating documents.
Page 44 | Rule 3.3(a) Notice of Assignment and Service of Notice
Proof of service for the complaint or cross-complaint and summons must include proof of service of the Notice of CMC unless it is noted on the complaint.
Proof of service of the complaint or cross-complaint and summons shall include proof of service of a Notice of CMC if not noted on the complaint.
Page 45 | Rule 3.7(a)
A cross-complainant must serve a Notice of CMC on each new party together with the cross-complaint and summons.
Any cross-complainant shall serve upon any new party to the action a Notice of CMC, along with the cross-complaint and summons thereon.
Page 45 | Rule 3.7(a)
Unless the Notice of CMC appears on the complaint, the plaintiff must serve it on each defendant with the summons and complaint.
Plaintiff must serve the Notice of CMC (if not noted on the face of the complaint) on each defendant along with the summons and complaint.
Page 45 | Rule 3.7(a)
The listed final case management documents must be served on every other party and submitted to the court at least five days before the final case management conference and no less than fifteen days before trial.
At least five (5) days prior to any final case management conference set in advance of the day of trial but no less than fifteen (15) days prior to the date the matter is set for trial each party shall serve on every other party and submit to the court the following:
Page 47 | Rule 3.9(a) Final Case Management Conference
In a Rule 3.740 collection action, each named defendant must be served within 180 days of filing the complaint, with a proof of service filed or an order for publication obtained.
All named defendants must be served and a proof of service must be filed or an order for publication of the summons must be obtained as to each named defendant within one hundred eighty (180) days of the date of filing of the complaint.
Page 47 | Rule 3.12.2(a) Time for Filing
When the insurer claim is resolved, plaintiff’s counsel must notify the insurer that the action is pending and seek consent to dismiss it.
When plaintiff’s claim is resolved against his insurer, plaintiff’s counsel shall give notice to the insurer that the action is pending in this court and shall seek consent from the insurer to dismiss the action.
Page 50 | Rule 3.13 Uninsured Motorist Cases
The original notice must be filed with appropriate proof of service, and plaintiff’s attorney must provide the court with the insurer representative’s name, address, and phone number.
In filing the original of such notice with the court with appropriate proof of service, plaintiff’s attorney shall provide the court with the name, address and phone number of the appropriate representative of plaintiff’s insurer.
Page 50 | Rule 3.13 Uninsured Motorist Cases
In an unlawful-detainer action, proof of service or an application for posting-and-mailing service must be filed within 20 days after the complaint unless a responsive pleading has already been filed.
A proof of service or application for service by posting and mailing pursuant to Code of Civil Procedure section 415.45 must be filed within twenty (20) days of the date of filing of the complaint, unless an answer or other responsive pleading has been filed.
Page 55 | Rule 3.15.2
When summons and complaint are served by posting and mailing, proof of that service must be filed within 10 days after issuance of the order permitting service.
In cases in which service of the summons and complaint is made by posting and mailing pursuant to Code of Civil Procedure section 415.45, proof of service by posting and mailing shall be filed within ten (10) days of the date of issuance of the order permitting service pursuant to Code of Civil Procedure section 415.45.
Page 56 | Rule 3.15.2
For posting-and-mailing service, due diligence is satisfied by three separate attempts on three dates, with no more than two attempts on holidays and at least one attempt before noon and one after noon.
The requirements of due diligence shall be deemed satisfied if the declaration of attempted service shows at least three (3) separate attempts to serve, on three (3) different dates, not more than two (2) of which may be on a holiday as defined in Code of Civil Procedure section 10, with at least one (1) such attempt before noon and one (1) such attempt after noon.
Page 56 | Rule 3.15.2
The requesting party must serve the warrant-executing person or agency with the Notice of Poststorage Hearing and file proof of service by the hearing date.
(d) The requesting party must serve the person or agency who executed the warrant with a copy of the Notice of Poststorage Hearing and must file a proof of service of the Notice before or on the date of the hearing.
Page 60 | Rule 3.17(d) Vehicle Code section 14602.7 Hearings
Criminal Law and Motion matters must provide notice to all opposing counsel, co-counsel, and counsel for codefendants in accordance with applicable law and court rules.
All criminal matters filed for Law and Motion hearings shall comply with all applicable laws and Rules of Court, including the notice requirement that mandates notice be provided to all opposing counsel, co-counsel, and counsel for all codefendants.
Page 65 | Rule 5.1.4 Motions
Felony bail-review or Humphrey motions must be served on the Kern County Probation Department at least two days before the hearing.
Motions filed in felony cases for a bail review hearing, also known as a Humphrey Motion (In re Humphrey (2021) 11 Cal.5th 135), must be served on the Kern County Probation Department, located at 1415 Truxtun Avenue, Bakersfield, California 93301, at least two days prior to the hearing on the request.
Page 66 | Rule 5.2.1.4 Notice Requirements Regarding Bail Review Hearings
Unless law or an order provides otherwise, motions must be served at least 10 court days before the hearing on all opposing counsel, co-counsel, and counsel for all codefendants.
Except as otherwise provided by law or order shortening or lengthening time, motions must be filed and served no later than ten (10) court days before the hearing on the motion. Service is required on all opposing counsel, co-counsel and counsel for all codefendants.
Page 66 | Rule 5.2.1.3 Motions – Generally
The party obtaining an Evidence Code section 1017 appointment must serve the order on the District Attorney's Office within two court days and file proof of service with the court.
The party obtaining an appointment must serve a copy of the order upon the District Attorney's Office within two (2) court days of the order's date. Proof of service must be filed with the court.
Page 68 | Rule 5.3.2 Evidence Code Section 1017
A misdemeanor or infraction petition for dismissal must be served on the Kern County District Attorney's Office and Kern County Probation Department before filing, with proof of service filed concurrently with the petition.
Prior to filing, the petition must be served on the Kern County District Attorney’s Office (“KCDA”) and the Kern County Probation Department (“KCPD”). Proof of service shall be filed with the Court concurrently with the petition for dismissal.
Page 68 | Rule 5.3.4(a) Misdemeanors and Infractions
A verified claim submitted for filing must include proof of service on the prosecuting agency.
A verified claim submitted to the court for filing must be accompanied by a proof of service on the prosecuting agency.
Page 69 | Rule 5.3.5 Penal Code Section 186.11 Provisional Remedies, (d)
A defendant or verified claimant seeking a Penal Code section 186.11(f)(2) hearing must serve the prosecuting agency and file a request for hearing with the court.
A defendant or a claimant who has filed a verified claim, who seeks a hearing under Penal Code section 186.11(f)(2) to determine if a TRO should remain in effect, or if other relief should be granted, must serve on the prosecuting agency and file with the court a request for hearing.
Page 70 | Rule 5.3.5 Penal Code Section 186.11 Provisional Remedies, (f)(1)
A serving CASA must file and serve written reports at least five calendar days before the listed review, dispositional, permanency, selection-and-implementation, and post-permanency hearings, unless the court excuses compliance for good cause.
In any case in which a CASA has been appointed by the court and is now serving on that case, the CASA must file and serve written reports to the court and on the parties and/or their counsel at least five (5) calendar days before each of the following hearings: those dispositional hearings that have been continued pursuant to Welfare and Institutions Code section 358(a)(2) and (3); subdivision (a); six-month review; twelve-month review (permanency hearing); eighteen-month review (permanency review hearing); selection and implementation hearing (Welfare and Institution Code section 366.26 hearing); and post-permanency planning reviews. The court may excuse compliance with the above for good cause.
Page 98 | Rule 7.4.11 Filing and Distribution of CASA Court Reports
Filing Fees and Waivers
The Civil Harassment filing fee is $435, but the fee is waived if a Judicial Officer grants a Temporary Restraining Order.
The fee for filing is $435.00 unless the Temporary Restraining Order (TRO) is granted by a Judicial Officer. If the TRO is granted, the fee to file is waived.
Page 1 | Forms
The filing fee for a Name Change petition is $435.
The fee for filing is $435.00.
Page 1 | Forms
Small Claims filing fees vary according to the amount demanded.
Filing fees vary and depend upon the prayer amount (demand amount) of the suit. A Small Claims action cannot exceed $12,500.00. For assistance, please contact the Small Claims Advisor located at 1215 Truxtun Avenue, 1st floor or at 661-610-6518.
Page 1 | Court Filing Fees
A postponement request requires payment of the fee to the Clerk of the Court.
After service, parties may request a single postponement of no longer than fifteen (15) days through a written request and payment of the fee to the Clerk of the Court at least five (5) court days prior to the scheduled trial.
Page 41 | Chapter II. Small Claims Rules, Rule 2.4
A fee must be paid when presenting a motion to set aside a default judgment.
Appropriate legal forms for such motion must be prepared and presented to the court, with fees paid, within thirty (30) days from the date the default judgment is entered.
Page 42 | Chapter II. Small Claims Rules, Rule 2.7.2
Pre-cleared and reserved motions must be filed with their filing fees paid within three days of reservation, except for specified motions with delayed filing-time requirements.
All motions that are pre- cleared and reserved must be filed, and the motion filing fees paid within three (3) days of the date that the reservation is made, unless the motion is a type requiring notice to parties with delayed filing time limits, e.g., motions pursuant to Code of Civil Procedure section 128.7 or 437(c).
Page 43 | Rule 3.3.1 Civil Law and Motion – Civil
Investigation fees for petitions to terminate parental rights and step-parent adoptions are due when the petition is filed.
(e) For Petitions to Terminate Parental Rights and Step Parent Adoptions, investigation fees required for the investigations conducted by court investigators are due at the time of filing.
Page 84 | Rule 6.19(e)
A filing fee is required for a pre-cleared and reserved motion and must be paid within three days of the reservation.
All motions that are pre-cleared and reserved must be filed, and the motion filing fees paid within three (3) days of the date that the reservation is made.
Page 112 | Rule 8.3.1.1 Reserving a Motion Date
Applicable fees are required when filing an ex parte application and temporary petition.
The moving party shall file the Ex-Parte Application, and Temporary Petition, along with the General Petition, if not previously filed, and all accompanying attachments as applicable, with proper case title captioned; the relief requested; a declaration in support of application; compliance declaration; a proposed order; and, the applicable fees.
Page 112 | Rule 8.4.4(c)
A $600 fee must be paid for a court-ordered investigation in an existing case.
3. Court-Ordered Investigations: For any court-ordered investigations in existing matters, a fee of $600 must be paid.
Page 119 | Rule 8.10.3 Guardianship Questionnaires and Investigations, (a)(3)
A $600 investigation fee is due when filing a guardianship petition.
1. Guardianship Petitions: A fee of $600 is required for investigations conducted by court investigators at the time of filing.
Page 119 | Rule 8.10.3 Guardianship Questionnaires and Investigations, (a)(1)
A $600 investigation fee is due when filing a guardianship termination petition.
2. Termination Petitions: A fee of $600 is required for investigations conducted by court investigators at the time of filing.
Page 119 | Rule 8.10.3 Guardianship Questionnaires and Investigations, (a)(2)
A $600 investigation fee is required for a court-ordered investigation in an existing matter.
4. Court-Ordered Investigations: A fee of $600 is required for investigations ordered by the court on existing matters.
Page 121 | Rule 8.11.1 Appointment of Conservator and Investigation
A $600 investigation fee is required when filing a termination of conservatorship petition.
3. Termination of Conservatorship Petitions: A fee of $600 is required for the investigation at the time of filing.
Page 121 | Rule 8.11.1 Appointment of Conservator and Investigation
A $300 investigation fee is required when filing a temporary conservatorship petition.
1. Temporary Conservatorship Petitions: A fee of $300 is required for the investigation at the time of filing.
Page 121 | Rule 8.11.1 Appointment of Conservator and Investigation
A $600 investigation fee is required when filing a conservatorship petition.
2. Conservatorship Petitions: A fee of $600 is required for the investigation at the time of filing.
Page 121 | Rule 8.11.1 Appointment of Conservator and Investigation
A $300 investigation fee is due after the investigation report is submitted to the court for biennial review of a conservatorship.
5. Biennial Review of Conservatorship: A fee of $300 is due after the investigation report is submitted to the court.
Page 122 | Rule 8.11.1 Appointment of Conservator and Investigation
Effective July 1, 2021, courts may not impose or collect the listed Government Code and Penal Code criminal administrative fees.
Effective July 1, 2021, courts no longer have authority to impose or collect the following fees: Government Code: § 27712 (public defense fee) *; § 27753 (cost of counsel); § 29550(c) (criminal justice administration fee); § 29550(f) (administrative screening fee and citation processing fee); § 29550.1 (criminal justice administration fee); § 29550.2 (county booking fee); § 29550.3 (city booking fee); Penal Code: § 987.4 (minor public defense fee); § 987.5 (public defense registration fee); § 987.8 (public defense fee); § 1203 (interstate compact supervision); § 1203.016 (adult home detention administrative fee); § 1203.018 (electronic monitoring administrative fee); § 1203.1b (probation department investigation/progress report fee); § 1203.1e (parole supervision fee); § 1208.2(b) (program administrative fee); § 1210.15 (continuous electronic monitoring fee); § 1463.07 (administrative screening fee and citation processing fee); § 3010.8 (parole continuous electronic monitoring fee); § 4024.2(e) (work furlough administrative fee); § 6266 (work furlough program fee).
Page 1 | Implementation of Assembly Bills 177 and 1869 for Imposition or Collection of Criminal Administrative Fees
A fee waiver packet is available from the Small Claims Court Clerk or Judicial Council Self-Help for filers unable to afford the fees.
If you cannot afford the fees, obtain a Fee Waiver packet from the small claims court clerk or at Judicial Council Self-Help.
Page 1 | Court Filing Fees
The Court charges $14.00 for a copy request on a court-provided compact disc containing 1–50 pages.
1-50 pages - $ 14.00
Page 23 | Rule 1.8.1 Additional Court Fees
The Court charges $24.00 for a copy request on a court-provided compact disc containing 76–100 pages.
76-100 pages - $ 24.00
Page 23 | Rule 1.8.1 Additional Court Fees
The Court charges $29.00 for a copy request on a court-provided compact disc containing 101–125 pages.
101-125 pages - $ 29.00
Page 23 | Rule 1.8.1 Additional Court Fees
The Court charges $44.00 for a copy request on a court-provided compact disc containing 151–200 pages.
151-200 pages - $ 44.00
Page 23 | Rule 1.8.1 Additional Court Fees
The Court charges $19.00 for a copy request on a court-provided compact disc containing 51–75 pages.
51-75 pages - $ 19.00
Page 23 | Rule 1.8.1 Additional Court Fees
The Court charges $20.00 per file for off-site retrieval of files.
(a) Off-site retrieval of files – $20.00 per file (Effective 7/1/14; rev. 1/1/20)
Page 23 | Rule 1.8.1 Additional Court Fees
The Court charges $34.00 for a copy request on a court-provided compact disc containing 126–150 pages.
126-150 pages - $ 34.00
Page 23 | Rule 1.8.1 Additional Court Fees
The Court charges a $22.00 fee when a civil trust warrant is canceled and reissued because of attorney error.
2. Cancellation of warrant and reissuance in civil trust due to attorney error – $22.00 (Effective 1/1/23)
Page 24 | Rule 1.8.1 Additional Court Fees
Courtesy Copy Requirements
Documentary evidence presented in court should include one copy for the judge and one copy for each party.
Documentary evidence to be presented in Court should include a copy for the judge and a copy for each party.
Page 41 | Chapter II. Small Claims Rules, Rule 2.6.1
Sealing & Redaction Procedures
The submitting party must redact confidential information so that it is not publicly displayed.
Pursuant to CRC, rule 1.201, it is the submitting party’s responsibility to redact confidential information (social security number, caregiver’s address, etc.) so that the information shall not be publicly displayed.
Page 2 | PERMISSIVE ELECTRONIC FILING OF CHARGING DOCUMENTS IN ADULT AND JUVENILE CRIMINAL CASES
Information and documents released in immigration-status proceedings must remain confidential through sealing or another confidential-filing procedure.
Any information or documents released in the context of such proceedings must maintain the confidentiality of the information or documents, such as filing them under seal or in confidential filings.
Page 3 | Standing Order- re Access to Records for Immigration Status
Redaction compliance under rule 1.201 is additional to and does not replace WIC section 827 confidentiality requirements.
Compliance with rule 1.201 does not substitute for, and is in addition to, the confidentiality requirements of Welfare and Institutions Code section 827.
Page 2 | STANDING ORDER PERMITTING SUBMISSION OF ELECTRONIC FILING BY KERN COUNTY PROBATION IN JUVENILE JUSTICE MATTERS
The submitting party must redact personally identifying information as required by California Rules of Court, rule 1.201.
Additionally, pursuant to California Rules of Court, rule 1.201, it is the submitting party's responsibility to redact personal identifying information as required by that rule.
Page 2 | STANDING ORDER PERMITTING SUBMISSION OF ELECTRONIC FILING BY KERN COUNTY PROBATION IN JUVENILE JUSTICE MATTERS
Filing parties and attorneys must exclude or redact personal data identifiers from all documents and exhibits filed with the court.
Further, it is the sole responsibility of the filing parties and filing attorneys to exclude or redact personal data identifiers from all documents, including exhibits, filed with the court, as described in California Rules of Court, rules 1.201 and 2.256.
Page 27 | General Rules
Documents that must be kept confidential by law should be designated confidential in the electronic filing system and marked confidential in the caption.
In order to ensure immediate confidentiality upon electronic filing, the filing parties and filing attorneys shall designate documents that are required to be kept confidential by law as such by selecting “confidential” in the security field on the filing details prompt in the Court’s electronic filing system. The document should also include the word “confidential” in the caption.
Page 27 | General Rules
Parties and their attorneys are responsible for properly redacting personally identifiable, confidential, or privileged information from filed documents; the Clerk will not review compliance, and violations may be sanctioned.
Parties and their attorneys are solely responsible for ensuring that personally identifiable, confidential, or privileged information is properly redacted from filed documents where redaction is necessary. The Clerk's office will not review documents for compliance with redaction requirements. The Court may impose sanctions for any violations of this rule.
Page 39 | Rule 1.23 Parties Responsible for Redaction
After a criminal jury verdict, attorneys must isolate jurors’ identifying information, erase electronic records, place the printouts in separate envelopes, and keep the envelopes sealed until further court order.
As directed by the Judge after a criminal jury’s verdict is recorded, attorneys are required to collect and place any personal identifying information of trial jurors from their notes into separate envelopes. This includes any information stored electronically. Counsel must print out the electronic information, erase the electronic records, and include the printouts in the envelopes. These envelopes are to be sealed and held until further order of the Court.
Page 71 | Rule 5.3.9 Trial Jurors Identifying Information
A party seeking to file or present a juvenile case or child welfare agency document or record must first request permission to file the material under seal.
Any party who seeks to file with or present to the Family Court any juvenile case or child welfare agency document or record must first present a request to file such documents under seal.
Page 75 | Rule 6.6
The person filing a confidential juvenile or child welfare document must redact confidential information or use the Confidential List of Identifiers form.
It is the responsibility of the person filing the document to redact confidential information or to utilize the Confidential List of Identifiers form pursuant to California Rules of Court, rule 1.201.
Page 75 | Rule 6.6(a)
Rule 6.19 filings are confidential before disposition and sealed after disposition; parties generally need court leave to obtain information, but specified participants or counsel may obtain the final order after verifying identification.
(h) Filings under this section shall be deemed confidential as provided by their respective statutory authority. Prior to case disposition, only parties allowed by Statute may obtain case information. Following case disposition, the matter shall be deemed sealed, and no information shall be provided to parties or those affected within the case without obtaining leave of Court. The exception to this rule: Petitioners/Citee/Adoptive Parent(s) or their respective counsel may obtain a copy of the Final Order upon verification of Identification.
Page 84 | Rule 6.19(h)
The guardianship questionnaires are confidential, are excluded from the public record, and may be released to a party or attorney only by court order.
Although pertinent information provided on the Guardianship Questionnaire (Form KRN SUP CRT PB-8524) and the Guardianship Termination Objection Questionnaire (Form KRN SUP CRT PB-8525) may be shared with other parties during the investigation, the forms themselves contain personal identifiers and are confidential. The forms will not become part of the public record. The forms shall not be released to any party or their attorney without a court order.
Page 120 | Rule 8.10.3 Guardianship Questionnaires and Investigations, (f)
A proposed guardian's reported abuse or neglect allegations and criminal history must be submitted in a confidential supplemental report that is released only by court order.
(l) A proposed guardian’s history of allegations of abuse or neglect reported by official agencies and any criminal history shall be submitted to the court in a confidential supplemental report and will be released to the parties and/or counsel only if ordered by the court.
Page 120 | Rule 8.10.3 Guardianship Questionnaires and Investigations, (l)
Family Court Services must maintain the confidential guardianship questionnaires so their confidentiality is protected and preserved.
Family Court Services must maintain these forms in a manner that will protect and preserve their confidentiality.
Page 120 | Rule 8.10.3 Guardianship Questionnaires and Investigations, (f)
Each party’s juror-information envelope must be sealed by court order and filed as a separate court exhibit to preserve the record.
There shall be an envelope for each party which are sealed, upon court order, and designated as separate Court Exhibits in order to properly preserve the record.
Page 1 | STANDING ORDER REGARDING PERSONAL JUROR INFORMATION AND JURY LADDERS - CRIMINAL CASES
Counsel must print electronically held juror information, erase the electronic version, and surrender the printouts to court assistants.
Any electronically held information with jurors' personal information shall be printed out by counsel, the electronic information erased, and the printouts collected by the Judicial Courtroom Assistants.
Page 1 | STANDING ORDER REGARDING PERSONAL JUROR INFORMATION AND JURY LADDERS - CRIMINAL CASES
Access to juvenile case-file documents by verified court investigators is subject to exclusion or redaction of privileged or confidential information.
DHS shall allow court investigators, upon verification of employment and assignment to investigate a guardianship or family law matter under the jurisdiction of the Probate or Family Court, to inspect and receive copies of juvenile case file documents and information maintained by DHS or included in CWS/CMS pertaining to the child or to any history of alleged child abuse or neglect by the child's guardian or prospective guardian, the child's prospective adoptive parent, parent, caretaker, or proposed caretaker, and any other adults residing in the same household as the guardian, prospective guardian, prospective adoptive parent, parent, caretaker, or proposed caretaker, subject to exclusion or redaction of documents that are or contain privileged or confidential information pursuant to any other state or federal law or regulation.
Page 3 | I. Inspection of Juvenile Case Files
Court investigators participating in probate guardianship or family law matters may receive qualifying OHS records only subject to exclusion or redaction of privileged or confidential information.
OHS shall allow court investigators assigned to and actively participating in a probate guardianship or family law matter to receive copies of OHS files and records relating to any child who is the subject of OHS records if the records relate to a history of alleged child abuse or neglect by the child's guardian or prospective guardian, the child's prospective adoptive parent, parent, caretaker, or proposed caretaker, or any other adults residing in the same household as the guardian, prospective guardian, prospective adoptive parent, parent, caretaker, or proposed caretaker, subject to exclusion or redaction of documents that are or contain privileged or confidential information pursuant to any other state or federal law or regulation.
Page 4 | II. Copying of Juvenile Case Files
At the judge’s direction, court assistants must collect attorneys’ notes containing jurors’ personal information and place them in separate labeled envelopes.
The Judicial Courtroom Assistants, upon the direction of the Judge, are to collect from the attorneys any notes containing jurors' personal information (jury ladders, notes, etc.) and place the information into separate labeled envelopes.
Page 1 | STANDING ORDER REGARDING PERSONAL JUROR INFORMATION AND JURY LADDERS - CRIMINAL CASES
Pre-Motion Conference Requirements
All attorneys and self-represented parties must participate in good faith in a meet-and-confer conference with a designated local child support agency representative before any hearing on the IV-D calendar.
Prior to the hearing of any matter on the IV-D calendar, all attorneys and self-represented parties must in good faith participate in a “meet and confer conference” with an attorney or other representative designated by the Chief Attorney of the local child support agency in Room 300 of the Justice Building.
Page 81 | Rule 6.16.1
The meet-and-confer requirement does not apply to specified income-withholding or health-insurance assignment motions or requests, SLMS release requests, or telephonically appearing persons.
This rule does not apply to hearings regarding motions or requests to modify or quash income withholding orders or health insurance assignments, requests for issuance of a SLMS release, or to persons who are appearing telephonically.
Page 81 | Rule 6.16.1
Adjournment & Extension Requirements
The declaration showing cause must be filed with the Clerk three court days before the scheduled court date.
A declaration to show cause shall be filed with the Clerk of the Court three (3) court days prior to the scheduled court date.
Page 41 | Chapter II. Small Claims Rules, Rule 2.5
After a case is assigned to a trial department or division, a continuance motion will not be considered unless the grounds were unknown and could not reasonably have been known when the case was approved for trial; the Master Criminal Calendar Judge hears any such motion at the earliest opportunity.
No motions to continue a trial will be considered once the case is assigned to a trial department or division unless the grounds for the continuance were unknown and reasonably could not have been known when approved for trial. The motion will be heard at the earliest possible convenience by the Master Criminal Calendar Judge only, and if denied, will be reassigned to a trial department or division if available.
Page 67 | Rule 5.2.3 Master Criminal Calendar (e)
A trial continuance request must be written and signed by the attorney, party, or both; a stipulation requires both counsel's signatures, a detailed reason, submission to the Family Law Department at least five days before trial, and court approval of the new date before submission.
Any request for a continuance of a trial date shall be submitted in written form signed by the attorney, the party, or both. In the event of a stipulation to continue the trial date, both counsel must sign the stipulation. The proposed stipulation must be accompanied with a detailed explanation of the reason for the continuance. The stipulation must be submitted to the Family Law Department not less than five (5) days before the trial date. The new date must be approved by the Court before the Stipulation is submitted.
Page 73 | Rule 6.3.2
A request to continue a settlement conference is discretionary and requires a showing of good cause.
(c) A request to continue a settlement conference is within the discretion of the court and requires a showing of good cause.
Page 78 | Rule 6.8.3 Mandatory Settlement Conference
A counsel-stipulated continuance requires court approval, may incur filing fees or conditions, and cannot be stipulated to for fewer than seven calendar days.
All Continuances stipulated by Counsel shall be approved by the Court and are subject to appropriate filing fees and/or conditions set forth by the Court. Counsel cannot stipulate to a continuance of less than seven (7) calendar days.
Page 112 | Rule 8.3.2.2 Continuances by Stipulation of Counsel
If the claim is unserved, the Clerk may grant one extension of up to 30 days for in-county claims or 60 days for out-of-county claims upon filing a declaration showing cause.
If a plaintiff’s claim has not been served, one extension of not greater than thirty (30) days for in- county claims and sixty (60) days for out-of-county claims may be granted by the Clerk of the Court upon the filing of a declaration to show cause.
Page 41 | Chapter II. Small Claims Rules, Rule 2.5
After service, a party may request one postponement of up to 15 days by submitting a written request and paying the fee at least five court days before trial.
After service, parties may request a single postponement of no longer than fifteen (15) days through a written request and payment of the fee to the Clerk of the Court at least five (5) court days prior to the scheduled trial.
Page 41 | Chapter II. Small Claims Rules, Rule 2.4
Additional extensions may be granted only by the Court in exceptional circumstances.
Additional extensions shall only be granted by the Court in exceptional circumstances.
Page 41 | Chapter II. Small Claims Rules, Rule 2.5
Once assigned or called to trial, a case will proceed without interruption, and any adjournment for settlement, discovery, evidence preparation, or later trial portions requires unusual circumstances without fault, good cause, and the trial judge’s sound discretion.
No adjournment will be allowed to explore settlement, conduct discovery, marshal evidence or prepare for the presentation of any subsequent portion of the trial, except in unusual circumstances without fault of the moving party where good cause is shown in the sound discretion of the trial judge.
Page 47 | Rule 3.10 Disallowance of Interruptions
Trial proceeds on the scheduled date unless the court grants a continuance based on a properly noticed motion showing good cause.
(a) Trial will take place on the date scheduled unless continued by order upon properly noticed motion showing good cause for such continuance.
Page 58 | Rule 3.15.10 Trial
A continuance motion made on the date of trial is disfavored and may be granted only upon a clear showing of good cause.
(b) Motions for continuance of the trial made on the date of trial are disfavored and will be granted only upon a clear showing of good cause.
Page 58 | Rule 3.15.10 Trial
Notice of a continuance request must be provided at the earliest opportunity; failure to provide written notice at least three court days before the hearing may result in attorney fees if the continuance is granted.
(a) Notice of a request for continuance must be given to the other party at the earliest opportunity. If a written notice is not presented to the adverse party at least three (3) court days prior to the date set for the hearing and a continuance is granted, an award of attorney fees may be ordered to the nonmoving party.
Page 72 | Rule 6.3.1(a)
A stipulated continuance may be submitted in writing to the clerk before the hearing or requested orally at the proceeding if counsel for all parties are present.
(b) Continuance of Request for Orders, Orders to Show Cause, and motions by stipulation may be presented in written form to the Clerk’s Office prior to the hearing date or may be requested orally of the court at the time set for the proceeding, provided counsel for all parties are present.
Page 73 | Rule 6.3.1(b)
A continuance stipulation may be presented on the hearing date if all counsel or self-represented litigants signed; not everyone must appear, and no filing fee is required.
(c) Stipulations for Continuances may be presented on the date of the hearing so long as all counsel or self-represented litigants have signed. In such cases, not all parties or counsel need to be present and no filing fees will be required for stipulations so presented and submitted on the date of hearing.
Page 73 | Rule 6.3.1(c)
An attorney with a calendar conflict must notify the court and, when possible, opposing counsel or an unrepresented party at the earliest opportunity; failure to give notice may result in attorney fees.
In the event of a calendar conflict preventing or delaying a hearing, the attorney with the conflict shall notify the Court and, to the extent possible, the opposing counsel or unrepresented party, at the earliest opportunity. If notice is not given, the Court may award attorney’s fees.
Page 73 | Rule 6.3.3
Chambers Communication Rules
Self-represented parties may email WMAdmin@kern.courts.ca.gov with questions about in-person or remote proceedings.
Self-represented parties with questions about in-person or remote proceedings may email the court at WMAdmin@kern.courts.ca.gov. (Effective 3/7/22; renum. 1/1/24)
Page 13 | Rule 1.1.1 Remote Court Appearances
After 8:20 a.m., unforeseen emergencies may be reported to the court by telephone at (661) 610-6244.
Unforeseen emergencies after 8:20 a.m. may be reported to the Court by calling (661) 610-6244.
Page 15 | Rule 1.1.2 Late Attorney Notification