Madera Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Brief
- 4 copies • Upon Filing
Family Court Services Report
Motion, Supporting Documents
- Upon Filing
Moving Separate Statement, Opposition Separate Statement, Reply Separate Statement
- Email • Upon Filing
Adjournments
- Illness of the trial attorney or an expert witness generally supports a continuance, but substitution of another attorney or witness will be considered instead based on the timing, expected duration, case complexity, and availability of a substitute.
- Continuances or further settlement conferences are subject to the discretion of the particular Settlement Conference Judge.
- A counsel or self-represented litigant who did not participate in selecting a short-cause trial date is entitled to one continuance of right by stipulation or motion.
- +20 more
Request must include
- A trial attorney’s unavailability supports a continuance only if the conflict was not reasonably foreseeable when the trial date was accepted and the court made the required finding on a motion submitted at least 30 days before trial.
- Each litigant may obtain one continuance within 45 days of the original hearing date by making a written request stating the reasons, unless the parties stipulate; non-stipulated requests must be received at least five calendar days before the hearing, and written notice must be provided to all parties.
- Specifically devised or bequeathed property may not be encumbered or offered for sale without prior court approval on seven court days’ notice to the specific devisee or legatee.
Communication
Phone
Phone
Clerk
Document Format Requirements5 rules
Proposed instructions must not identify the submitting party, and any offering-party statement and authority citations must appear on a separate sheet.
Instructions shall not indicate which party submitted the instructions except in a code (prescribed by the Court) which does not readily disclose the identity of the submitting party. Any statement of the party offering an instruction, and citations of authority offered shall be on a separate sheet.
Every electronically filed document must be a text-searchable OCR PDF complying with the referenced general-format, electronic-exhibit, and bookmark requirements.
6.1.4 Format of Electronically Filed Documents. 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, 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. (Effective 1/1/22)
In a CEQA petition case, the administrative record must comply with California Rules of Court 3.2200–3.2208 and include one unalterable electronic copy and one paper copy.
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 one (1) copy 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.
In an administrative mandamus matter, an administrative record exceeding 100 pages requires one unalterable copy on CD-ROM, DVD, or another electronic format.
If a record in an administrative mandamus matter exceeds 100 pages in length, the party lodging the administrative record must submit one (1) copy of the administrative record, contained on a CD-ROM, DVD, or other electronic format, in a manner that cannot be altered.
Any hyperlink included in a filing must be active, and the Court recommends formatting it in the standard citation format prescribed by California Rules of Court rule 1.200.
6.1.5 Hyperlinks. If a party or attorney elects to include hyperlinks in a filing, the hyperlink shall be active and should be formatted to standard citation format as provided in California Rules of Court, rule 1.200. (Effective 1/1/22)
Document Filing Requirements90 rules
At the Trial Management Conference, parties must submit verdict forms for jury trials.
Jury Trials: e. Verdict forms
Document Type
Verdict Forms
At the Trial Management Conference, parties must submit exhibit lists and exhibits; exhibits should be pre-marked and placed in separate binders for the clerk, witness, and trial judge.
All Trials: a. Original discovery to be used during the trial b. Exhibit lists and exhibits. Exhibits should be pre-marked and placed in the separate binders – one for the clerk, one for the witness, and the original for the trial judge. Note: exhibit lists can be emailed to the Judicial Courtroom Assistant.
Document Type
Exhibit List And Exhibits
At the Trial Management Conference, parties must submit witness lists.
All Trials: c. Witness lists.
Document Type
Witness List
At the Trial Management Conference, actual fully completed jury instructions must be submitted for jury trials, rather than merely form numbers.
Jury instructions (Actual jury instructions shall be submitted, not simply CACI, BAJI, or CALCRIM numbers. Each instruction shall be fully completed as appropriate to the case being tried.)
Document Type
Jury Instructions
At the Trial Management Conference, parties must submit a neutral statement of the case for jury trials.
Jury Trials: d. Neutral statement of the case
Document Type
Neutral Statement Of The Case
At the Trial Management Conference, parties must submit the original discovery to be used during trial.
All Trials: a. Original discovery to be used during the trial
Document Type
Original Discovery
Declarations supporting any type of relief must state facts rather than conclusions and show why the requested relief is justified.
Declarations for any type of relief must set forth facts, not conclusions, justifying the relief sought.
Document Type
Declaration
Counsel has an additional duty to fully disclose the facts supporting requested relief.
Counsel has the additional duty to fully disclose those facts.
Document Type
Temporary Order Request
A request for temporary relief must allege specific facts sufficient to justify granting the requested order.
Specific facts must be alleged in the requests, facts sufficient to justify the granting of such orders.
Document Type
Temporary Order Request
An appellate record designation must identify the filing date and nature of each designated court paper.
All Designations of Record for matters on appeal shall specifically include the date each designated paper was filed with the Superior Court and the nature of the paper.
Document Type
Designation Of Record
An appellate record designation must state the date of every hearing for which a reporter’s transcript is requested.
All Designations of Record for matters on appeal shall specifically set forth the date of any and all hearings for which a reporter’s transcript is requested.
Document Type
Designation Of Record
Each set of proposed jury instructions must have an attached index or fact sheet identifying each instruction’s topic and applicable standard-instruction number.
An index or fact sheet setting forth the topic of each instruction or BAJI, CACI, CALJIC and/or CALCRIM number shall be attached to each set of proposed instructions.
Document Type
Jury Instructions
Every ex parte order application must be accompanied by the action’s original file.
Every application for an ex parte order shall be accompanied by the original file of the action.
Document Type
Ex Parte Order Application
Counsel or a self-represented party must provide all proposed jury instructions.
All instructions are to be provided by counsel or self-represented party.
Document Type
Jury Instructions
A guardian-ad-litem application must be captioned as the proposed or pending action, include the required written consents, and state the service date when the proposed guardian is a defendant.
2.4.5 How Presented. (a) Guardian Ad Litem. Every application for the appointment of a guardian ad litem shall be captioned as the proposed or pending action and be accompanied by the written consent of the person nominated and, if the ward is over fourteen years of age, of the one for whom the guardian is sought. If the latter is a defendant, the application shall state the date on which said defendant was served.
Document Type
Guardian Ad Litem Application
An application for foreign substitute service must be supported by an affidavit or declaration showing the corporation does business in California, the search for an authorized recipient, and the absence or invalidity of a Secretary of State agent designation corroborated by the Secretary of State.
(f) Substitute Service -- Foreign. An application for an order authorizing service pursuant to Corporations Code § 2111 (a) shall be by affidavit or declaration averring facts showing the doing of business by the corporation in California, the search made to find a person in the state authorized to receive service, no designation of an agent is on file with the Secretary of State (or the designated agent is no longer authorized to receive service) corroborated by a letter from the Secretary of State.
Document Type
Application For Foreign Substitute Service
An application for domestic substitute service must be supported by an affidavit or declaration describing the absence or failure to locate a Secretary of State agent, corroborated by the Secretary of State, and facts showing authorized service is impossible.
(e) Substitute Service -- Domestic. An application for an order authorizing service pursuant to Corporations Code § 1702(a) shall be by affidavit or declaration averring that no designation of an agent for service of process is on file with the Secretary of State (or facts showing the failure to locate a designated agent) corroborated by letter from the Secretary of State and facts showing that service cannot be made upon any person authorized to receive service.
Document Type
Application For Domestic Substitute Service
An application for counsel for a defendant in military service must state the service branch, service mailing address, response deadline, whether a pleading was filed, and other pertinent facts.
(d) Appointment of Counsel for Military Personnel. An application for the appointment of an attorney for a defendant in military service shall state the branch of such service, his or her service mailing address, when the time to answer or demur expired, whether any pleading has been filed on his or his behalf, and any other pertinent facts.
Document Type
Application For Appointment Of Counsel For Military Personnel
An application to shorten or extend time for service of a notice must state any prior extension, the expiration date, and facts showing good cause.
(c) Shortening or Extending Time. An application for an order shortening or extending time for the service of a notice shall state any previous extension, any expiration date, and the facts showing good cause for granting the application.
Document Type
Application For Shortening Or Extending Time
An application to reduce the undertaking on an attachment must be verified and state specified facts, amounts, property use, business effects, and prior attachments.
(b) Application for Reduction of Undertaking. An application for a reduction in the amount stated by statute for an undertaking on an attachment shall: be verified; fully set forth facts in the personal knowledge of the affiant or the sources of information of facts averred on information and belief which tend to show that a reduction would not prejudice the rights of the defendant; set forth the facts purporting to justify the attachment; set forth the amount of the demand; set forth whether said property is in use and the nature thereof; state if the property is a going business, the effect, if any, of the attachment thereof and if the attachment is to be on a sum of money; and, set forth the date and result of all previous attachments, if any.
Document Type
Application For Reduction Of Undertaking
An installment-judgment writ application must be verified by the judgment creditor and include the specified judgment, payment, principal, interest, assignment, and service-or-notice details.
(i) Execution on Installment Order of Judgment. An application for the issuance of a writ of execution as to an order or judgment for the payment of money installments shall be verified by the judgment creditor, and shall set out the pertinent provisions of the order of judgment, the total amount which has been paid, the amount of principal due, and the particulars as to any interest claimed. The application shall set forth also the assignment and the date service or notice thereof to the judgment debtor.
Document Type
Writ Of Execution Application
An application for other deposited property or money must be verified and state specified deposit, claimant-interest, and entitlement facts, and the Clerk must endorse the deposit description or amount.
(h) Property Otherwise Deposited. An application to receive personal, property or money, other than that deposited under California Code of Civil Procedure § 708.770, shall be verified by the claimant and shall state when, why and by whom it was deposited; any term or condition of the deposit; the name and addresses of every person claiming any interest therein; and the reason the claimant is entitled to receive it. The amount of money or description of the property on deposit shall be endorsed on the application by the Clerk. The Court may require the applicant to proceed by motion on the notice to all interested persons.
Document Type
Application For Deposited Property Or Money
An application for money deposited under California Code of Civil Procedure § 708.770 must be verified, state the deposit and prior-payment information, disclose any exemption or motion to vacate, and be endorsed by the Clerk with the deposit amount.
payment of money which has been deposited with the Clerk of the Court pursuant to California Code of Civil Procedure § 708.770 shall be verified by the applicant, state the amount of money and date it was deposited with the Clerk, any amount previously received by the applicant and whether any claim of exemption or motion to vacate the judgment has been filed. The amount of money on deposit shall be endorsed on the application by the Clerk of the Court.
Document Type
Application For Deposited Money
An ex parte application ordinarily requires a declaration about notice complying with California Rules of Court 3.1203 and 3.1204.
2.4.6 Notice to Opposition. Ex parte applications and orders ordinarily will not be granted unless the applicant submits with the application a declaration regarding notice in compliance with rules 3.1203 and 3.1204 of the California Rules of Court.
Document Type
Ex Parte Application
The plaintiff or plaintiff's agent must file a declaration documenting unsuccessful service efforts and explaining why the defendant cannot be served elsewhere by means likely to provide actual notice.
Plaintiff (or plaintiff’s agent) must file a declaration which shows what efforts have been made to serve the defendant at his residence or place of business, or by substituted service, that the efforts were not successful, and why the defendant cannot be served at any other location or other means likely to give defendant actual notice.
Document Type
Declaration Of Unsuccessful Service Efforts
Plaintiff’s counsel or a pro se plaintiff must immediately file written notice of settlement or other disposition with the court.
As required by California Rule of Court 3.1385, plaintiff’s counsel or plaintiff appearing in propria persona must immediately file a written notice of the settlement or other disposition with the Court and otherwise comply with provisions of Rule 3.1385.
Document Type
Settlement Notice
Every demurrer and motion must be accompanied by a memorandum of points and authorities, although the law and motion judge may waive that requirement.
3.1.4 Accompanying Memoranda. All demurrers and motions must be accompanied by a memorandum of points and authorities. A mere citing of code sections which authorize the filing of a demurrer or motion will not be sufficient unless this section is waived by the law and motion judge.
Document Type
Motion
Law and motion motions must be presented in writing unless law specifically provides otherwise, with open-court continuance motions excepted.
Unless otherwise specifically prescribed by law, all motions made in a law and motion department, except those for continuances made in open court, must be presented in writing.
Document Type
Motion
Captions in orders, decrees, and judgments must identify every matter covered and affirmatively state the resulting relief.
Captions in orders, decrees, and judgments must refer to all matters covered by the order, decree or judgment, and shall affirmatively state the result or relief.
Document Type
Order Decree Or Judgment
Counsel or a self-represented party must prepare, serve, and submit forms for orders and judgments requiring the court's signature; absent an objection within 10 days, the court will sign the submitted form.
Counsel or self-represented party must prepare, serve, and present to the court forms for all orders and judgments which require the Court’s signature. If no objection is forthcoming within ten (10) days, the order or judgment will be signed as presented.
Document Type
Order Or Judgment Form
Discovery objections must identify and quote the immediately preceding request for admission or interrogatory.
Objections to requests for admissions or to interrogatories shall identify and quote the request for admission or the interrogatory immediately preceding the objection.
Document Type
Discovery Objection
For a matter contained in a Madera County Superior Court file, the requesting party must file a separate document directly with the department at least five days before the hearing, identifying the case name and number and requesting delivery of the file.
If such matter is contained in a file of the Madera County Superior Court, the party shall, at least five (5) days prior to the hearing, by separate document filed directly in the department wherein the matter is noticed, request the Clerk of said department to order delivery of the file for the date of the hearing; and said document shall set forth the case name and number.
Document Type
Judicial Notice Request
A party requesting judicial notice of a matter outside the Madera County Superior Court must provide sufficient information for the court to take judicial notice.
Whenever a party requests the Court to take judicial notice of any matter other than a record of the Madera County Superior Court, the requesting party shall provide the Court with sufficient information to enable it to take judicial notice.
Document Type
Judicial Notice Request
At least 15 calendar days before the case management conference or review, each party must file and serve the mandatory Judicial Council Form CM-110, complete all applicable items, or file a joint statement with at least two parties.
3.5.2 Preparation for Case Management Conference. No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. The parties must use the mandatory Case Management Statement, Judicial Council Form CM-110. All applicable items on the form must be completed. In lieu of each party filing a separate case management statement, any two (2) or more parties may file a joint statement.
Document Type
Case Management Statement
A plaintiff must file an ex parte application for uninsured motorist designation with the complaint or within 10 days after discovering the case is an uninsured motorist case.
With the filing of the complaint or within 10 days after discovery that the case is an “uninsured motorist” case, plaintiff shall file an ex parte application for designation as “uninsured motorist.”
Document Type
Ex Parte Application
A party opposing a motion to dismiss must file a written objection at least five days before the hearing, stating the grounds for opposition and, when relying on another court’s stay, attaching a copy of the stay document and a brief status statement.
A party desiring to oppose a motion to dismiss must file a written objection not less than 5 days before the date calendared for hearing the motion. Such an objection shall state concisely the grounds for opposition to any such motion, and if opposition is based on a stay of proceedings issued by another Court a copy of the document on which the party relies for asserting such a stay exists, and a brief statement outlining the status of the matter creating such a stay.
Document Type
Opposition To Motion To Dismiss
Documents accompanying a motion under Penal Code section 995 must include a summary of the transcript facts, a statement identifying the defects in the People’s case, transcript testimony references with page and line numbers, and the authorities relied upon.
4.1.3 Moving Parties for Motions under Penal Code § 995. Documents accompanying such motions shall include the following: (a) A brief statement in summary form of the facts as set forth in the transcript; (b) A statement of the issues specifically identifying in what regard the People’s case is defective; (c) References to testimony in the transcript that the moving party intends to rely upon must be set forth specifying page and line number; (d) A statement of authorities upon which the moving party relies.
Document Type
Motion
Moving papers for a Penal Code section 1538.5 motion must summarize the supporting facts and specify the exact evidence to be suppressed or admitted.
(a) Moving papers accompanying such motions shall include a brief statement in summary form of the facts upon which the moving party relies in support of the motion. Moving papers accompanying such motions shall include a complete specification of the exact matters and things the defendant wants to be suppressed or which the District Attorney wants to have admitted.
Document Type
Motion
A bond-forfeiture motion must include a supporting declaration stating the specific grounds and, unless the surety or agent surrendered the defendant, indicating the surety’s non-collusion.
A supporting declaration stating the specific grounds upon which the motion is based and, unless there is a statement that the surety, or his agent, has surrendered the defendant, also indicating non-collusion of the surety.
Document Type
Supporting Declaration
Points and authorities supporting and opposing a Penal Code section 1538.5 motion must be filed and served on the opposing party; omission may be treated as an admission that the motion lacks merit.
(4) Points and Authorities in support of and in opposition to the motion shall be filed and served on the opposing party. The absence of such a memorandum may be construed by the Court as an admission that the motion is not meritorious and cause for its denial.
Document Type
Points And Authorities
A motion to vacate bond forfeiture must be accompanied by a notice of motion stating the hearing date and time.
(b) A notice of motion shall be filed setting forth the date and time of the hearing.
Document Type
Notice Of Motion
A motion to suppress under Penal Code section 1538.5 must identify and describe the evidence, state the suppression theories, and cite supporting authorities.
(b) The moving papers designating a motion to suppress pursuant to Penal Code § 1538.5 shall specifically describe and list the evidence which is the subject of the motion to suppress, and shall specifically state the theory or theories which shall be relied upon and urged for the suppression of evidence, and cite the specific authority or authorities which will be offered in support of the theory or theories upon which suppression of the evidence is urged.
Document Type
Motion
The written submission must include an estimate of the time required to hear the preliminary matters.
An estimate of the time required for the preliminary matters to be heard.
Document Type
Written Motion And Papers
A formal evidentiary hearing on a probation officer’s report and pronouncement may be set and heard only after the defendant or the defendant’s attorney files a declaration.
Formal evidentiary hearings on a probation officer’s report and pronouncement shall only be set and heard upon the filing of a declaration by the defendant and/or his or her attorney.
Document Type
Declaration
Written motions and papers must include a detailed specification of the preliminary matters to be raised and the reasons for raising them.
A detailed specification of the preliminary matters to be brought before the trial court and the reasons therefor shall be included in the written motion and papers submitted to the Court.
Document Type
Written Motion And Papers
A defendant requesting same-day remote video arraignment and trial must complete and submit Judicial Council form TR-505.
To request arraignment and trial on the same day by RVP, the defendant must complete and submit Judicial Council form TR-505, Notice and Waiver of Rights and Request for Remote Video Arraignment and Trial.
Document Type
Remote Video Arraignment And Trial Request
A defendant requesting remote video arraignment and trial on different days must complete and submit Judicial Council form TR-510.
To request arraignment and trial on different days by RVP, the defendant must complete and submit Judicial Council form TR-510, Notice and Waiver of Rights and Request for Remote Video Proceeding.
Document Type
Remote Video Proceeding Request
One copy of the submitted documents must be provided to the opposing party before the trial begins.
One (1) of those documents must be provided to the opposing party prior to the beginning of the trial.
Document Type
Documents For Rvp Trial
All submitted documents must clearly and legibly identify the defendant's full name and the case or citation number.
All documents submitted must clearly and legibly indicate the full name of the defendant and the case number or citation number.
Document Type
Documents For Rvp Trial
The original document must be submitted to the court for consideration at the remote video trial.
The original document must be submitted to the court.
Document Type
Documents For Rvp Trial
The submitting party must bring at least two copies of all submitted documents to the remote video trial.
At least two (2) copies of all documents submitted must be brought to the RVP trial by the party submitting the documents.
Document Type
Documents For Rvp Trial
The submitting party must bring two (2) copies of each original document to the RVP trial and provide one (1) of
Document Type
Documents For Rvp Trial
Documents intended for consideration at the remote video trial must be submitted before the trial date so they are available to the judicial officer.
All documents the defendant, prosecution or law enforcement officer intends to request the court to consider on the date of the RVP trial must be submitted prior to the date set for trial, in order for the documents to be in the file and available to the judicial officer on the date of the trial.
Document Type
Documents For Rvp Trial
Forms TR-505 and TR-510 must be submitted in person or by mail to the Traffic Division for filing.
Judicial Council forms TR-505 and TR-510 must be submitted, either in person or by mail, to the Traffic Division for filing.
Document Type
TR-505 And TR-510
All documents submitted for the remote video trial must include Madera County local form MAD-CSD-0007.
All documents must be submitted with Madera County local form MAD-CSD-0007, Notice of Exhibits Associated with Remote Video Trial.
Document Type
Documents For Rvp Trial
Cases with a trial estimate of five hours or more must be set for a mandatory settlement conference.
All cases involving a trial estimate of five hours or more shall be set for mandatory settlement conference.
Document Type
Settlement Conference
A proposed judgment and notice of judgment, prepared for signature and filing, must be submitted with the request for setting at the hearing.
Party/Counsel shall submit with the request for setting a proposed judgment and notice of judgment prepared for signature and filing at the time of the hearing.
Document Type
Default Judgment
After appointment, Minor’s Counsel must file Judicial Council form FL-322 or its equivalent annually while appointed in each case.
After the initial appointment, Minor’s Counsel appointed must file Judicial Council form FL-322 (or its equivalent) annually in each case during the time they are appointed to indicate they have completed the required updates.
Document Type
Judicial Council Form Fl 322
Professional visitation agencies must submit an FL324(P) to Family Court Services whenever a new provider or employee begins offering services through the agency.
Agencies which provide professional visitation supervision shall submit an FL324(P) to Family Court Services each time a new provider/employee begins offering services through their agency.
Document Type
Fl324p Declaration Of Supervised Visitation Provider
A handwritten will or codicil must be accompanied by a typewritten copy when the petition for probate is filed.
A typewritten copy of the will or codicil shall accompany the petition for probate if the document is handwritten.
Document Type
Petition For Probate
A foreign-language will or codicil must be accompanied by a translator-signed translation and an affidavit or declaration under penalty of perjury stating the translator's qualifications.
If the document is in a foreign language, it shall be accompanied by a translation, signed by the translator, together with an affidavit or declaration under penalty of perjury showing the qualifications of the translator.
Document Type
Petition For Probate
A petition for special or temporary letters must include a showing of good cause explaining why a petition for permanent letters was not also filed.
When a petition for special or temporary letters has been filed, there must appear in the petition for special or temporary letters a showing of good cause why a petition for permanent letters has not also been filed.
Document Type
Petition For Special Or Temporary Letters
In matters submitted without an appearance under Rule 7.1.8(a), the submitting party must deliver an original and one (1) copy of the dated proposed order and the case file to the Clerk at least two (2) court days before the hearing.
In matters submitted without an appearance by a party or the party’s attorney pursuant to Rule 7.1.8(a), an original and one (1) copy of a proposed order bearing the date of submission shall be delivered to the Clerk for presentation, together with the case file, to the Judge at least two (2) court days before the hearing.
Document Type
Proposed Order
Papers requesting fees or commissions based on fluctuating asset values must include a detailed statement of the original or appraised value of each item.
In all accountings wherein fees or commissions are requested by the accounting party or his attorney based upon the fluctuating values of items constituting capital assets of the estate or trust, rather than the original or appraised values, the papers shall contain the following: (a) A detailed statement, setting forth the original or appraised value of each item;
Document Type
Estate Accounting
Papers requesting fees or commissions based on fluctuating asset values must state each item's valuation and valuation date.
(b) A statement, showing the value of each item used as a basis for the request for fees or commissions, together with the date of valuation of the item; and,
Document Type
Estate Accounting
Filing & Service rules
Electronic Filing Rules
A fax transmitted to and stored by the Court is governed by the fax-filing rules and does not count as an electronic filing.
6.1.3 Fax Filings (Facsimile Transfer to Court). The Court may receive a facsimile transmission and may store such transmission as an electronic document. For purposes of these rules, however, such a document shall not be considered an electronically filed document, but rather shall be governed by the rules of court concerning Fax Filings. (Effective 1/1/22)
Page 95 | Division 6 — Electronic Filing
Documents and filings identified as e-filing exceptions must be submitted through conventional filing methods rather than electronic filing.
6.2.1 Exceptions to E-filing. Certain documents/filings are not eligible for submission through electronic filing and must be filed through conventional methods.
Page 96 | Division 6 — Electronic Filing, Chapter 2 — Exclusions and Exceptions
The Court user must electronically file a notice identifying the existence, content, and physical filing of each document or filing submitted through a conventional-method exception.
A notice that identifies the existence, content, and physical filing of the document/filing must be electronically filed by the Court user as specified or instructed.
Page 96 | Division 6 — Electronic Filing, Chapter 2 — Exclusions and Exceptions
When a proposed order is electronically submitted in a case using electronic filing, an editable word-processing version must also be emailed to the Court at the specified address.
6.1.8. Electronically Filed Proposed Orders. In compliance with California Rules of Court rule 3.1312(c), if a proposed order is submitted to the court electronically in a case in which the parties are electronically filing documents pursuant to California Rules of Court rule 2.250-2.261, an editable word-processing version of the proposed order must also be sent, by e-mail, to the court at Proposed.Orders@madera.courts.ca.gov. (Effective 7/1/25)
Page 96 | Division 6 — Electronic Filing
Copies of a qualifying administrative mandamus record should be submitted conventionally, while the party lodging it must file electronically and serve notice of the filing.
The copies of the administrative record should be submitted through conventional nonelectronic means. The party lodging the administrative record shall file electronically and serve a notice of such filing for the administrative record.
Page 97 | Division 6 — Electronic Filing, Rule 6.2.3
A paper document ordered by the court must be filed conventionally in the clerk’s office.
Any paper document ordered by the Court to be filed through conventional methods in the clerk’s office.
Page 97 | Division 6 — Electronic Filing
Copies of a CEQA administrative record should be submitted conventionally, while the party lodging it must file electronically and serve notice of the filing.
All copies of the administrative record should be submitted through conventional nonelectronic means. The party lodging the administrative record shall file electronically and serve a notice of such filing for the administrative record.
Page 97 | Division 6 — Electronic Filing, Rule 6.2.2
Electronic delivery by email or through an interface with the Court's case-management system is permitted for specified Traffic, Criminal, and Juvenile filings.
6.1.7 Eligible Case Types – E-Delivery and Interface. Documents and filings can be submitted through electronic delivery, including electronic mail and/or interface with the Court’s case management system (CMS) in the following case types: Infractions filed in the Traffic Division; Misdemeanors and Felonies filed in the Criminal and Traffic Divisions; Juvenile Delinquency matters filed in the Juvenile Division; Child Support matters filed in the Juvenile Division.
Page 95 | Division 6 — Electronic Filing
Electronic submission through the Court's identified EFSPs is permitted in specified case types and takes effect when the Court implements an e-filing platform.
6.1.6 Eligible Case Types – Electronic Filing Service Providers. Documents and filings can be submitted electronically from various electronic filing service providers (EFSPs) as noted on the Court’s website in the following case types: Civil (limited and unlimited); Small Claims; Family Law; Probate. Should the Court implement electronic filing, this rule will be in effect immediately upon implementation of an e-filing platform. (Effective 1/1/22, amended 1/1/24)
Page 95 | Division 6 — Electronic Filing
The Court intends to permit justice-partner agencies to file specified categories of documents through dedicated electronic interfaces.
The Court intends to allow for electronic filing through direct interface (Interface) with the following justice partner agencies: Madera County District Attorney: Filing of initial and subsequent charging 95 ===== PAGE 96 ===== Superior Court of California County of Madera Local Rules of Court documents to include complaints, amended complaints, informations, and amended informations. Filing of subsequent documents including, but not limited to, motions, oppositions, petitions, and proposed orders (‘District Attorney Interface’); Madera County Probation Department: Filing of all probation related documents/filings (‘Probation Interface’); Madera County Sheriff’s Department: Filing of all executed arrest warrants, bench warrants, and body attachments (‘Warrant Interface’); Madera County Sheriff’s Department, Jail Division: Filing of all booking sheets (‘Jail Interface’); Madera Police Department: Filing of all direct filed citations (‘Electronic Citation Interface’) California Highway Patrol: Filing of all direct filed citations (‘CHP Interface’); California Department of Child Support Services: Filing of all documents related to Title IV-D Child Support matters (‘DCSS Interface’).
Page 96 | Division 6 — Electronic Filing
For most documents outside the justice-partner interfaces, other Court users may file electronically through E-Delivery, including email, subject to stated exclusions and exceptions.
For most documents not included in justice partner agency interfaces, the Court will allow for electronic filing through electronic delivery, or E-Delivery (including e- mail), by other Court users. Please see ‘Exclusions and Exceptions’ below.
Page 96 | Division 6 — Electronic Filing
Petitions for DVROs, DVTROs, and GVROs may be filed electronically through the court’s e-filing platform.
Petitions for restraining orders referenced in this Chapter can be electronically filed through the court’s e-filing platform.
Page 98 | Division 6 — Electronic Filings for Domestic Violence Restraining Orders, Temporary Restraining Orders, and Gun Violence Restraining Orders, Rule 6.3.1
Filing Timing and Cure Windows
For court or bench trials, trial briefs are due 14 days before trial.
Court (bench) Trials: trial briefs shall be due fourteen (14) days before trial.
Page 1 | Motions in limine and trial briefs
For jury trials, trial briefs and motions in limine are due 14 days before trial, and opposition to motions in limine is due 7 days before trial.
Jury Trials: trial briefs and motions in limine shall be due fourteen (14) days before trial. Opposition to motions in limine shall be due seven (7) days before trial.
Page 1 | Motions in limine and trial briefs
Except for probate guardianship temporary-order petitions, temporary orders must be presented to the Civil Clerk’s office by 11:00 a.m. on the day immediately before the hearing.
2.1.4 Temporary Orders. All temporary orders filed in any civil, family law, probate, and small claims case, with the exception of petitions for temporary orders in Probate Guardianship matters, shall be presented to the Civil Clerk’s office no later than 11:00 a.m. the day immediately preceding the day of the hearing.
Page 37 | 2.1.4 Temporary Orders
Proposed jury instructions must be submitted when trial begins unless the judge authorizes otherwise.
Each party shall submit proposed jury instructions to the Court at the commencement of the trial unless otherwise authorized by the Judge.
Page 38 | 2.3.2 When Submitted
The plaintiff must request dismissal within 45 days after settlement.
The plaintiff must file a request for dismissal within 45 days after the date of settlement.
Page 48 | 2.8.9 Notice of Settlement
If the plaintiff does not request dismissal, the court must dismiss the case 45 days after receiving notice of settlement unless good cause is shown.
If the plaintiff does not file the request for dismissal, the Court must dismiss the case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed.
Page 48 | 2.8.9 Notice of Settlement
The written notice of settlement or other disposition must be filed immediately.
As required by California Rule of Court 3.1385, plaintiff’s counsel or plaintiff appearing in propria persona must immediately file a written notice of the settlement or other disposition with the Court and otherwise comply with provisions of Rule 3.1385.
Page 48 | 2.8.9 Notice of Settlement
Oppositions to motions in limine must be filed at least five court days before trial begins.
Any oppositions to such motions shall be filed no later than five (5) court days before the first day of trial.
Page 56 | 3.2.6 Motions in Limine
Motions in limine must be filed at least 10 court days before trial begins.
Any motions in limine shall be filed no later than 10 court days before the first day of trial.
Page 56 | 3.2.6 Motions in Limine
A deadline agreement may be recorded at any status conference without a noticed motion or ex parte application, but it must be made by the mandatory settlement conference date.
Such an agreement may be put on the record at any status conference, without the need for a noticed motion or ex parte application, but in any event the agreement must be made no later than the date scheduled for the mandatory settlement conference for that case.
Page 56 | 3.2.6 Motions in Limine
A request for judicial notice of a matter contained in a Madera County Superior Court file must be submitted at least five days before the hearing.
If such matter is contained in a file of the Madera County Superior Court, the party shall, at least five (5) days prior to the hearing, by separate document filed directly in the department wherein the matter is noticed, request the Clerk of said department to order delivery of the file for the date of the hearing; and said document shall set forth the case name and number.
Page 57 | 3.3.4 Judicial Notice
The declaration requesting a formal evidentiary hearing must be filed four court days before the matter is set for hearing or sentencing.
Said declaration shall be filed four (4) court days before the matter is set for hearing or sentencing
Page 65 | Division 4 — Criminal Law Matters
Forms submitted by mail must be postmarked at least ten court days before the appearance date.
Forms submitted by mail must be postmarked no less than ten (10) court days prior to the appearance date indicated on the traffic citation issued by the officer or other notice to appear.
Page 74 | 4.2.9 Remote Video Proceedings
Forms submitted in person must be received at least five court days before the appearance date.
Forms submitted in person must be received at least five (5) court days prior to the appearance date indicated on the traffic citation issued by the officer or other notice to appear.
Page 74 | 4.2.9 Remote Video Proceedings
Forms requesting remote video proceedings must be submitted for filing no later than one day before the appearance date.
The forms requesting RVP must be submitted for filing no later than one (1) day prior to the appearance date indicated on the traffic citation issued by the officer or other notice to appear.
Page 74 | 4.2.9 Remote Video Proceedings
Documents to be considered on the remote video trial day must be provided to the court clerk by 9:30 a.m.
If any party to an RVP trial wishes to have the court consider documents on the date of the RVP, those documents must be provided to the court clerk no later than 9:30 a.m., on the day of the trial.
Page 74 | 4.2.9 Remote Video Proceedings
Emergency papers for an order shortening time, together with proof of service, must be filed with the Clerk by 4:00 p.m. on the day before the hearing.
In such emergency cases, the Clerk shall place the matter on the calendar upon the filing of said papers, together with the Order Shortening Time and proof of service, which said papers shall be filed with the Clerk not later than 4:00p.m. the day before the hearing.
Page 75 | 5.1.4 Orders Shortening Time
The fee-relief request and income-and-expense declaration must be filed at least 20 days before the scheduled evaluation or first investigation interview.
The request and Income and Expense Declaration shall be filed not less than twenty (20) days before either the scheduled Child Custody Evaluation or the first interview on the investigation or evaluation.
Page 80 | 5.1.28
Minor’s Counsel must file Judicial Council form FL-322 or its equivalent within 10 days after appointment and before beginning work on the case.
Attorneys appointed as Minor’s Counsel must file Judicial Council form FL-322 (or its equivalent) no later than 10 days after appointment and before beginning work on the case.
Page 86 | 5.1.41 Appointment of Counsel for Children (Minor’s Counsel)
Except for temporary guardianship petitions, all probate-hearing papers and the moving party's proposed order must be filed or lodged with the Clerk at least four court days before the hearing.
Except for petitions for temporary guardianship orders (as noted in Local Rule 7.1.10), all papers relating to a probate hearing, including the proposed order prepared by the moving party, shall be filed or lodged with the Clerk at least four (4) court days before the date of hearing.
Page 99 | 7.1.7 Time for Submitting Papers and Orders
When the court dispenses with notice under Probate Code section 2250(e), a temporary-guardian petition must be presented to the Clerk's office by 10:00 a.m. and will be scheduled no sooner than the second court day after filing.
If the court finds good cause to dispense notice as required by probate code 2250(e), Petitions for Appointment of Temporary Guardian shall be presented to the Clerk’s office no later than 10:00 a.m. to be scheduled for hearing no sooner than the second court day after the filing of the petition.
Page 100 | 7.1.10 Petitions for Appointment of Temporary Guardian
In matters submitted without an appearance, the original and one copy of the proposed order and the case file must reach the Judge at least two court days before the hearing.
In matters submitted without an appearance by a party or the party’s attorney pursuant to Rule 7.1.8(a), an original and one (1) copy of a proposed order bearing the date of submission shall be delivered to the Clerk for presentation, together with the case file, to the Judge at least two (2) court days before the hearing.
Page 100 | 7.1.8(b) Proposed Order in Matters Submitted Without an Appearance
Temporary-guardian petitions for which notice is given under Probate Code section 2250(e) receive a tentative hearing no sooner than 10 court days after filing.
All petitions for appointment of temporary guardian in which notice is being given pursuant to probate code 2250(e) will be given a tentative hearing no sooner than 10 court days after the filing of the petition.
Page 100 | 7.1.10 Petitions for Appointment of Temporary Guardian
Ex parte hearing documents and the applicable 24-hour notice or non-notice declaration must be submitted by 11:00 a.m. on the preceding work day.
Ex-parte hearings are heard in Department 37, 40, 44, and 45 Monday-Friday at 8:15 A.M. Documents along with the 24-hour Notice or Non-notice Declaration must be submitted to the courts no later than 11:00 a.m. the previous work day prior to the court date.
Page 1 | Local Procedures and Notes
All documents must be filed two days before the court date.
All documents are to be filed two (2) days prior to the court date.
Page 1 | Local Procedures and Notes
For civil, family-law, probate, and small-claims filings, the Clerk is authorized—but not required—to reject a filing that omits or inaccurately states its case number.
In any civil, family law, probate, or small claims cases, the Clerk is authorized to reject filings that do not comply with the following factors, but may not necessarily reject a filing for all factors specified within California Rules of Court Title 2, Division 2, Chapter 1:
Page 37
The Court may refuse to consider motions in limine or oppositions filed after the applicable deadline.
The Court shall have the discretion to refuse to consider any late-filed papers subject to this rule.
Page 56 | 3.2.6 Motions in Limine
The parties may establish different motion-in-limine and opposition deadlines if the trial judge approves the agreement.
The parties may agree to set different deadlines for the motions and oppositions, subject to the approval of the trial judge.
Page 56 | 3.2.6 Motions in Limine
Unless the court specifies another time, the tentative ruling will be available by 4:30 p.m. on the day before the scheduled hearing.
The tentative ruling will be made available by 4:30 p.m. the day before the scheduled hearing, unless another time is specified by the court.
Page 58 | 3.3.6 Tentative Rulings
The court may permit a self-represented respondent to file the income-and-expense declaration at any time before the actual hearing.
In the discretion of the Court, a self-represented respondent may be allowed to file his or her income and expense declaration at any time prior to actual hearing upon the Request for Order, Order to Show Cause, or Notice of Motion.
Page 76 | 5.1.7 Responding Party to Complete Forms
The electronic-filing rules take effect immediately upon implementation of an e-filing platform or the specified justice-partner interfaces.
6.1.2 Effective Date. Should the Court implement electronic filing, these rules will be in effect immediately upon implementation of an e-filing platform or any justice partner interfaces as specified in rules 6.1.6 and 6.1.7. (Effective 1/1/22)
Page 95 | Division 6 — Electronic Filing
Traffic Division electronic filing takes effect immediately upon implementation of the first among the CHP, District Attorney, and Electronic Citation interfaces.
For all filings in the Traffic Division, immediately upon the implementation of either the CHP Interface, District Attorney Interface, or Electronic Citation Interface, whichever is implemented first.
Page 96 | Division 6 — Electronic Filing
Criminal Division electronic filing takes effect immediately upon implementation of the first among the District Attorney, Jail, Probation, and Warrant interfaces.
For all filings in the Criminal Division, immediately upon the implementation of either the District Attorney Interface, Jail Interface, Probation Interface, or Warrant Interface, whichever is implemented first.
Page 96 | Division 6 — Electronic Filing
Juvenile Division electronic filing takes effect immediately upon implementation of the first among the DCSS and District Attorney interfaces.
For all filings in the Juvenile Division, immediately upon the implementation of either the DCSS Interface or District Attorney Interface, whichever is implemented first. (Effective 1/1/22, amended 1/1/24)
Page 96 | Division 6 — Electronic Filing
Service and Proof of Service Rules
Notices of Entry must be sent directly to the litigant, even when a non-attorney court document preparer presents the underlying document for filing.
Notices of Entry shall be sent directly to the litigant, even when presented for filing by a non-attorney court document preparer.
Page 36 | 2.1.2 Typing Services or Non-Attorney Court Document Preparers
In an unlawful-detainer case involving termination of tenancy, the 30-day notice must be served at least 30 days before filing.
In the case of a 30-day notice of termination of tenancy, the notice must be served on the defendant at least thirty (30) days prior to the filing of the case.
Page 42 | 2.5.1(a)
The original or a copy of the statutory unlawful-detainer notice must be served and filed in compliance with California Code of Civil Procedure § 1166.
(b) The original or a copy of the three-day notice to quit or 30 day notice of termination of tenancy must be served and filed in accordance with California Code of Civil Procedure § 1166.
Page 42 | 2.5.1(b)
In an unlawful-detainer eviction case for nonpayment of rent, the plaintiff must serve a compliant three-day notice at least three days before filing.
(a) Where plaintiff seeks eviction, for failure to pay rent, a three-day notice to quit or pay rent clearly showing the amount presently owed must be served on the defendant at least three (3) days prior to the filing of the case.
Page 42 | 2.5.1(a)
At least five court days before a telephonic hearing, a requesting litigant must complete the form and serve copies on all other litigants, but must not file the original form with the court.
2.7.4 Telephonic Appearance and Service of Form. Not less than five (5) court days before the hearing, a litigant desiring to appear by telephone shall complete the Form and serve copies on all other litigants. The original shall not be filed with the Court. Additionally, when the request is made at the same time as the filing of a motion or response with the Court, the words “COURTCALL TELEPHONE APPEARANCE. REQUESTED” should be printed below the date, department and time of the hearing on the first page of the papers which are filed with the Court. RETAIN THE ORIGINAL FORM IN YOUR FILE. DO NOT FILE IT WITH THE COURT.
Page 45 | 2.7.4 Telephonic Appearance and Service of Form
A litigant seeking a telephonic appearance must fax the first page of the form to the Program Administrator at least five court days before the hearing or the appearance may be dropped from the calendar.
2.7.5 Notice by Fax to Program Administrator. Any litigant seeking a telephonic appearance must fax a copy of the first page of the Form to the Program Administrator not less than, five (5) court days prior to the hearing. Failure to advise the Program Administrator will result in the telephone appearance being dropped from the Telephone Appearance Calendar.
Page 45 | 2.7.5 Notice by Fax to Program Administrator
Notices of motion, demurrers, and orders to show cause must be served and filed under Code of Civil Procedure section 1005 unless the judge grants shortened time, and proper returns and proofs of service must be filed with the clerk by 4:00 p.m. on the fourth court day before the hearing.
3.1.1 Initial Filing. Except as otherwise prescribed by law or these rules, all notices of motion, demurrers and orders to show cause must be served and filed in accordance with Code of Civil Procedure § 1005 unless an order shortening time has been granted by the Judge hearing the matter. Such order shortening time should be included in the order setting the hearing. Proper returns and proofs of service for all notices of motion, demurrers, and orders to show cause must be filed with the Clerk not later than 4:00 p m. on the fourth court day preceding the scheduled hearing.
Page 54 | 3.1.1 Initial Filing
Failure to serve and file written opposition may be treated as waiving objections and admitting that the motion or demurrer is meritorious.
Failure to serve and file written opposition may be deemed a waiver of any objections and an admission that the motion or demurrer is meritorious.
Page 56 | 3.3.2(c) Failure to Object
By the first case management conference, plaintiffs must serve the summons and complaint on all defendants and file proofs of service, or submit an application and order for publication of summons; extensions of time for service may not be requested by application and will be considered at the conference.
3.5.6 Service of Parties. Plaintiffs shall have served the summons and complaint on all defendants and shall have filed the proofs of service by the date of the first Case Management Conference. Alternatively, plaintiff may submit an application and order for publication of summons within this period. Parties shall not submit applications for extension of time for service of summons. Requests for additional time to serve summons will be considered at the Case Management Conference.
Page 60 | 3.5.6 Service of Parties
The declaration must include proof that a copy was served on the plaintiff’s attorney.
and shall include proof of service of a copy on the attorney for the plaintiff.
Page 65 | Division 4 — Criminal Law Matters
Before filing a Penal Code section 1203.4 petition in court, the petitioner must serve the Madera County Probation Department.
A person who petitions for a change of plea or setting aside of a verdict under Penal Code, § 1203.4 is required to additionally serve the petition for relief on the Madera County Probation Department prior to filing the petition with the court.
Page 67 | 4.1.14 Petition Pursuant to Penal Code, § 1203.4
A party offering a sound recording at trial must prepare and serve its transcript and a copy of the recording on all other parties at least 14 days before trial.
Any party intending to offer any sound recording in evidence at trial shall prepare a transcript of the sound recording at least fourteen (14) days before trial and serve such transcript and copy of the recording on all other parties.
Page 67 | 4.1.11 Sound Recordings Offered at Trial
A party disputing a sound recording transcript must prepare and serve a transcript identifying the disputed portions no later than 3 days before trial.
Any party disputing the accuracy of the transcript shall prepare his own transcript of the sound recording identifying the disputed portions and serve that transcript on all other parties no later than three (3) days before trial.
Page 67 | 4.1.11 Sound Recordings Offered at Trial
Proof of service must accompany the papers filed in emergency order-shortening-time matters.
In such emergency cases, the Clerk shall place the matter on the calendar upon the filing of said papers, together with the Order Shortening Time and proof of service
Page 75 | 5.1.4 Orders Shortening Time
A party served with the income-and-expense declaration must complete it in duplicate, serve one copy, and file the other with the Clerk three court days before the hearing.
The party, upon being served, shall complete said income and expense declaration, in duplicate, and serve the moving party’s attorney or party, if self-represented, with one and file the other completed income and expense declaration with the Clerk three (3) court days prior to the hearing.
Page 76 | 5.1.7 Responding Party to Complete Forms
A moving party’s supporting and income-and-expense declarations must be served with the motion papers, together with two blank income-and-expense declaration forms.
The moving parties’ supporting declaration and income and expense declaration shall be served with the Request for Order, Order to Show Cause and/or Notice of Motion, which shall be accompanied at the time of service by two blank forms of the petitioner’s/respondent’s income and expense declaration.
Page 76 | 5.1.6 Moving Papers Accompanied by Blank Forms
For a matter to remain on the calendar, proof of service or notice to the clerk that service was effected must be on file or provided.
The return of service of the copy of the Request for Order, Order to Show Cause, or Notice of Motion, theretofore issued by the Court is on file or the Clerk has been advised that such service has been effected, and,
Page 77 | 5.1.14 Counsel’s Duty
A subpoena and $275 deposit for a Child Custody Recommending Counselor must be delivered to Family Court Services at least ten court days before the attendance date, including subsequent hearings unless the proceeding is continued by the court or further service is waived.
The subpoena and the required deposit under Government Code § 68097.2(b) of $275.00 shall be delivered to the office of Family Court Services not less than ten (10) court days before the date of attendance. For any subsequent hearings, unless the proceeding is continued on the Courts own motion pursuant to Government Code § 68097.2(e) or further service is waived by the court, the subpoena must be delivered to Family Court Services ten (10) court days before the hearing date to which the proceeding is continued.
Page 83 | 5.1.34 Examination of the Child Custody Recommending Counselor
The Notice of Family Law Case Status Conference must be served on the respondent with the petition, and proof of service must be returned to the court after service.
This form will be generated and completed by the Court. The Court will provide a hearing date on the Form, pursuant to Rule 5.1.37(a), and return the Form to the Petitioner. The Form is to be served on the Respondent along with the Petition, and a proof of service shall be returned to the Court upon completion of service.
Page 85 | 5.1.38 Mandatory “Notice of Family Law Case Status Conference” Form
The party lodging the administrative record must file it electronically and serve notice of its filing.
The party lodging the administrative record shall file electronically and serve a notice of such filing for the administrative record.
Page 97 | Division 6 — Electronic Filing, Rule 6.2.2
When nonstandard fiduciary fees or commissions are requested, the notice of hearing and petition copy must be served on all interested parties, with proof documenting both services.
Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §§ 10800 et seq., the notice of hearing and a copy of the petition shall be served on all interested parties. The proof of service shall show service of the copy of the petition as well as the notice of hearing.
Page 98 | Division 7 — Probate Filings and Orders, Rule 7.1.1
A petition copy must accompany each notice of hearing served on a person requesting special notice or in a testamentary trustee’s accounting, and the proof of service must reflect both services.
A copy of the petition shall be served with each notice of hearing when served on a person requesting special notice or where the petition is the accounting of a testamentary trustee. The proof of service shall show service of the copy of the petition as well as the notice of hearing.
Page 98 | Division 7 — Probate Filings and Orders, Rule 7.1.1
A party seeking special or temporary probate letters must give notice to the surviving spouse, proposed ward or conservatee, potentially competing applicants, and other equitably entitled persons.
The party seeking special letters of administration, or temporary letters of guardianship or conservatorship shall give notice of the application to the surviving spouse, proposed ward or proposed conservatee, other persons who might be expected to seek letters and any other person who appears to be equitably entitled to notice.
Page 99 | 7.1.3 Notice Required for Special or Temporary Letters
When notice is mailed to an heir, devisee, or legatee at the County seat, the filing must include an affidavit or declaration with the proof of mailing describing the due diligence used to locate the recipient.
Where notice is mailed to an heir, devisee, or legatee at the County seat, an affidavit or declaration shall be filed with the proof of mailing showing due diligence made to locate that person.
Page 99 | 7.1.4 Heirs without Known Addresses
The temporary-guardian hearing is scheduled upon filing of proof of service, which must be filed by 10:00 a.m. two days before the tentative hearing.
The hearing will be scheduled when proof of service is filed. Proof of service shall be filed no later than 10:00 a.m. 2 days before the tentative hearing.
Page 100 | 7.1.10 Petitions for Appointment of Temporary Guardian
The petitioner must provide proof of service by declaration or affidavit showing that notice of the hearing date and a copy of the accounting were mailed to all persons with a beneficial interest in the trust at least ten (10) days before the hearing.
(c) Proof by declaration or affidavit of service by mail at least ten (10) days before the hearing of said petition of a notice of the date of hearing and a copy of the accounting on all persons having a beneficial interest in the trust.
Page 102 | 7.2.3 Fees or Commissions Based on Fluctuating Values
The notice of a creditor’s claim approval motion must be served on the heirs.
with service of the notice of motion on the heirs
Page 103 | 7.3.1 Creditor’s Claims by Personal Representative
Upon filing a stepparent-adoption petition, the required citation must be issued and served on the persons and in the manner prescribed by Family Code sections 7881 and 7882.
A citation in the form provided by Family Code § 7880 shall be issued on the filing of the petition and shall be served on the persons and in the manner described in Family Code §§ 7881 and 7882.
Page 107 | 7.6.1 Stepparent Adoption under Family Code §§ 9000, et seq.
In a guardianship petition seeking appointment of a guardian of the person, the petitioner must prepare an Order Appointing Guardianship Investigator and serve it on the office designated by the Court.
In each guardianship case where the petition seeks the appointment of a guardian of the person, the petitioner shall prepare an Order Appointing Guardianship Investigator, and serve a copy on the office of Family Court Services, or on the office of Madera County Child Protective Services, as instructed by the Court.
Page 109 | Chapter 8 — Guardianship & Conservatorship Investigations, Rule 7.8.3
When personal service is impossible, sheriff service may proceed under Code of Civil Procedure § 1162(a)(3) by posting on the property and mailing the defendant a copy.
(d) Service by the sheriff can be made under the provisions of Code of Civil Procedure § 1162(a)(3), which provides for posting on the property and mailing of a copy to the defendant when defendant cannot be served personally.
Page 42 | 2.5.1(d)
The three-day or 30-day unlawful-detainer notice may be served by the plaintiff, another person, or a person age 18 or older acting as the plaintiff's agent.
(c) Service of the three-day notice or 30 day notice can be made by the plaintiff or by a person other than the plaintiff or by a person 18 years of age or older acting as plaintiff’s agent.
Page 42 | 2.5.1(c)
Filing Fees and Waivers
An attorney requesting court services is responsible for securing payment, and collection proceedings may proceed against the attorney if the client does not pay.
1.8.1 Responsibility for Fees. (a) When an attorney orders services on behalf of a client, that attorney shall be responsible for securing payment for those services. (b) Any attorney requesting services from the Court acknowledges that collection proceedings may proceed against the requesting attorney should the client fail to pay the requisite fees.
Page 31 | Chapter 8 — Fees for Court Services
An ex parte order application may not be made until any required fee is paid, except for guardian-ad-litem appointments and approvals of undertakings or attachments.
No application for an ex parte order, except for the appointment of a guardian ad litem or the approval of an undertaking or an attachment, shall be made until any required filing or other fee, if any, has been paid.
Page 38 | 2.4.1 Fee
A litigant must pay a non-refundable, non-waivable telephone appearance fee to the Program Administrator with the form, in addition to any required court filing fees.
2.7.6 Payment of Fee to Program Administrator. The litigant must accompany the Form with payment of a non-refundable, non-waivable telephone appearance fee, consistent with the fee schedule listed in California Rules of Court, rule 3.670, subdivision (k). This fee is paid to the Program Administrator and not to the Court. This fee covers all of the costs of litigant’s participation in the telephonic hearing and no other telephone or separate teleconference charge shall be assessed against the litigant. This payment is separate from, and in addition to, any filing fees which may be required to be paid to the Clerk of the Court in connection with the subject hearing or proceeding.
Page 45 | 2.7.6 Payment of Fee to Program Administrator
Fax-filing fees must be paid to the Clerk within three days after completion of the fax filing; failure to pay may result in the pleading being stricken after notice to the parties.
2.11.1 Payment of Fees. Fees for papers delivered to the Court via facsimile filing shall be remitted within three (3) days after the fax filing is completed by payment to the Clerk. If a party or counsel fails to pay the fee within the required time, the pleading shall be stricken on the Court’s own motion after notice to the parties of record.
Page 53 | Chapter 11 Fax Filing
Each person permitted or ordered to attend traffic violator school must pay a fee equal to the underlying offense’s bail plus authorized administrative fees to the Division that authorized attendance.
4.2.5 Added Fees for Traffic Violator School. Each person permitted or ordered to attend traffic violator school shall pay a fee equal to the bail for the offense for which he or she was cited. In addition each person shall also pay administrative fees as authorized by law. Payment for both such fees shall be made to the Division which permitted or ordered the traffic violator school attendance.
Page 71 | 4.2.5 Added Fees for Traffic Violator School
A fine and fee must be paid to the Superior Court in the county where the violation occurred, in accordance with that court’s policy.
(1) Fine and fee is payable at the Superior Court in the county of violation according to that court’s policy;
Page 71 | 4.2.4 Policies for Attendance at Traffic Violator School
Family Court Services may charge a party $200 if the party fails to attend or is unavailable within 15 minutes without giving at least 48 hours' notice.
Family Court Services may charge fee of $200.00 to a party who fails to attend entirely or who fails to make themselves available within a 15-minute grace period for a scheduled Child Custody Recommending Counseling/Mediation session without notifying the Family Court Services office personnel no less than 48 hours in advance.
Page 79 | 5.1.26
Family Court Services shall collect $100 from each parent for each subsequent counseling or mediation session, subject to possible increases by policy memorandum.
For each subsequent Child Custody Recommending Counseling/Mediation, the Family Court Services division of the Court shall collect a charge of $100.00 per parent.
Page 80 | 5.1.26(b)
Parties must pay counseling and mediation fees at the Family Court Services appointment unless a valid fee waiver is on file, and nonpayment may cause cancellation.
Parties shall pay all fees at the time of their appointment with Family Court Services, unless they have a valid fee waiver on file. Nonpayment of fees may result in appointment cancellation.
Page 80 | 5.1.26(b)
Family Court Services shall collect $200 from each parent for a Limited Scope child custody investigation or evaluation or Expanded Mediation, subject to later policy-memorandum changes.
For each matter referred by the Court for a Limited Scope child custody investigation or evaluation or an Expanded Mediation, Family Court Services shall collect a charge of $200.00 per parent. These charges may be increased, or otherwise changed, from time to time by Policy Memorandum.
Page 80 | 5.1.27(b)
A party seeking relief from a Child Custody investigation charge must file the court-specified request, a current Judicial Council Income and Expense Declaration, and specified income documentation or employer wage statement.
If a party believes that he or she does not have the ability to pay the cost of the Child Custody investigation, the party seeking relief shall file a written request for relief (on a form specified by the Court) from the charge and a complete and current Judicial Council Income and Expense Declaration Form with the Clerk setting forth, assets, all income and expenses, including copies of pay stubs for the previous month or a statement by the applicant’s employer of wages earned in the last 30 days.
Page 80 | 5.1.28
Each parent must pay a $100 fee before a Family Court Services child interview.
For each child interview conducted by Family Court Services there shall be a $100.00 fee collected from each parent prior to the interview.
Page 80 | 5.1.26(b)
Family Court Services shall collect $600 from each parent for a referred child custody investigation or evaluation, subject to later policy-memorandum changes.
For each matter referred by the Court for a child custody investigation or evaluation, Family Court Services shall collect a charge of $600.00 per parent. These charges may be increased, or otherwise changed, from time to time by Policy Memorandum.
Page 80 | 5.1.27(a)
A supplemental application is required to waive Family Court Services fees, and the waiver must be approved before the first appointment; otherwise, payment is due before that appointment.
Parties who have filed an Application for Waiver of Court Fees and Costs who seek to have the charge imposed for any Family Court Services Fees waived, must submit a supplemental application under California Rules of Court 3.52. Fee waivers must be approved before the first appointment with Family Court Services. Therefore, a fee waiver should be applied for at least two weeks prior to your first appointment. Applicants for waiver of charges will be considered, on the same basis as waiver of filing fees. If no fee waiver has been approved, payment is due prior to the first appointment.
Page 81 | 5.1.29 Waivers of Court Charges and Costs
Family Court Services must collect a $100 fee from each parent before each child interview for Child Custody Recommendation Counseling or Mediation.
For each child interview conducted by Family Court Services for Child Custody Recommendation Counseling/Mediation there shall be a $100.00 fee collected from each parent prior to the interview.
Page 82 | 5.1.32 Contact between Court Child Custody Recommending Counselor (CCRC) and Minor Children
A $400 charge applies to each court-investigator conservatorship investigation concerning the conservatee.
There shall be a charge of $400 for each conservatorship investigation conducted by a court investigator with respect to that conservatee.
Page 109 | Chapter 8 — Guardianship & Conservatorship Investigations, Rule 7.8.4
A $600 charge applies to each guardianship investigation conducted under Probate Code section 1513, is charged to the petitioner, and is due upon the first appointment unless a fee waiver is approved.
There shall be a charge of $600.00 for each investigation conducted pursuant to Probate Code § 1513 charged to the petitioner. This charge shall be paid to the Family Court Services Division at the time an appointment is made for an interview. This charge may increase from time to time by Policy Memorandum. Please see section 5.1.29 for instructions regarding fee waivers. If no fee waiver has been approved, payment is due at the time of the first appointment.
Page 109 | Chapter 8 — Guardianship & Conservatorship Investigations, Rule 7.8.2
The court may refuse to enter judgment when a party has not paid fees due and owing, except when the interests of justice require otherwise.
1.8.2 Withholding of Judgment for Non-Payment of Fees. Except where the interests of justice would require otherwise, the Court may refuse to enter judgment when any party to the case has failed to pay fees due and owing to the Court.
Page 31 | Chapter 8 — Fees for Court Services
The clerk charges a $20.00 flat rate for preparing copies of forms or form packets containing 41 or more pages.
41+ $20.00 Flat Rate*
Page 32 | 1.8.3 Fees for Printing of Forms/Packets
The clerk charges a $16.00 flat rate for preparing copies of 26–40-page forms or form packets.
26-40 $16.00 Flat Rate*
Page 32 | 1.8.3 Fees for Printing of Forms/Packets
The clerk charges $0.50 per page for preparing copies of 1–25-page forms or form packets.
1-25 $0.50 Per Page*
Page 32 | 1.8.3 Fees for Printing of Forms/Packets
The clerk may grant qualifying initial fee-waiver applications but may not deny or partially grant them.
1.8.4 Fee Waivers – Delegation of Authority. Per Government Code § 68634(d), the Court delegates to the Clerk of the Court the authority to grant applications for an initial fee waiver that meet the standards of eligibility and application requirements set forth in Sections 68632(a)-(b) and 68633. As further provided for in Government Code § 68634(d), the Court shall not delegate to a clerk the authority to deny or to partially grant an application for an initial fee waiver.
Page 32 | 1.8.4 Fee Waivers — Delegation of Authority
When the court file is stipulated as the record, the court charges $1.00 per page for specified appellate-record copies, shared by the appellant and respondent, who may seek fee relief.
1.9.1 Copying Fees When the parties stipulate that the Court file shall be the record in the case, the Court shall charge a fee of $1.00 per page to cover the cost of paper and labor, for copies of the record for transmission to the Court of Appeal or the Appellate Division of the Superior Court, for copies of the record for the Superior Court’s own files, and for copies of the record for each of the parties. This fee shall be shared by the Appellant and Respondent. An Appellant or Respondent may apply to the appropriate court for relief from such fees.
Page 32 | Chapter 9 — Fees for Preparation of Appellate Record
Full document copies are subject to the copy fees specified by the statewide civil fee schedule and referenced supporting code sections.
Full copies of documents will accrue the copy fees consistent with the statewide civil fee schedule, and the supporting code sections referenced within.
Page 37 | 2.1.5 Conformed Copies of Stamped Pages Only
Payment of the telephone appearance fee to the Program Administrator may be made by credit card or check.
2.7.7 Method of Payment and Confirmation. Payment to the Program Administrator may be made by credit card or check.
Page 45 | 2.7.7 Method of Payment and Confirmation
The court may impose a $20 continuance fee for any matter continued on its calendar, payable by the requesting party before entry of judgment or dismissal.
(f) Continuation Fee. The Court, at its discretion, may impose a $20 continuance fee for the continuance of any matter on the Court’s calendar. The fee shall be payable to the Court by the party upon whose behalf a continuance of the hearing date was requested. The fee shall be paid prior to the entry of judgment or dismissal of the matter.
Page 52 | 2.10.1 Civil Cases-Continuances
When a party caused the circumstance resulting in a continuance, the Court may impose a $20 continuance fee that must be paid before judgment or dismissal.
The Court may, in its discretion, impose a $20 continuance fee if the circumstance causing the continuance is caused by one or more of the parties. The fee must be paid prior to the entry of judgment or dismissal.
Page 60 | 3.5.3 Continuances of Case Management Conference
The filing fee is waived for a party who submits an in forma pauperis petition and appears unable to proceed without using funds needed for basic necessities.
The required filing fee shall be waived if the party has submitted a petition to proceed in forma pauperis and it reasonably appears that such person could not otherwise proceed without using the funds required for the necessities of life.
Page 76 | 5.1.8 Fees
If the Child Custody Recommending Counselor subpoena expenses exceed the $275 deposit, additional fees may be added to the depositing party's case at $55 per hour.
If expenses exceed the $275.00 deposit, Family Court Services will add the fees to the case of the depositing party for the additional funds at the current CCRC hourly rate of $55.00 per hour.
Page 83 | 5.1.34 Examination of the Child Custody Recommending Counselor
A $275 subpoena trust deposit is required for the Child Custody Recommending Counselor subpoena.
The subpoena and the required deposit under Government Code § 68097.2(b) of $275.00 shall be delivered to the office of Family Court Services not less than ten (10) court days before the date of attendance.
Page 83 | 5.1.34 Examination of the Child Custody Recommending Counselor
All subpoena trust deposit fees must be paid at the Civil Division window.
All subpoena trust deposit fees shall be paid at the Civil Division window.
Page 83 | 5.1.34 Examination of the Child Custody Recommending Counselor
A $450 investigation fee applies to each investigation under Family Code sections 9000 and 7820 and may be increased by policy memorandum.
There shall be a charge of $450.00 for each investigation conducted by the Family Court Services Division of this Court or by any court-appointed investigator pursuant to Family Code §§ 9000, et seq. and Family Code §§ 7820, et seq. This charge may increase from time to time by Policy Memorandum.
Page 108 | 7.6.6 Charges for Investigations in Dual Stepparent Adoptions/Declare Minor Free Petitions
A $300 investigation fee applies to each stepparent-adoption investigation, may be increased by policy memorandum, and is due at the first appointment unless a fee waiver has been approved.
There shall be a charge of $300 for each investigation conducted by the Family Court Services Division of this Court or by any court-appointed investigator for a stepparent adoption pursuant to Family Code §§ 9000, et seq. [formerly Civil Code § 227.10, et seq.]. This charge may increase from time to time by Policy Memorandum. Upon referral to Family Court Services, it is the parties’ responsibility to contact Family Court Services to initiate the intake process. Please see section 5.1.29 for instructions regarding fee waivers. If no fee waiver has been approved, payment is due at the time of the first appointment.
Page 108 | 7.6.4 Charges for Investigations in Stepparent Adoptions
Courtesy Copy Requirements
In unlimited civil cases, a courtesy copy of an opposing memorandum of points and authorities must be provided at filing.
(b) Parties filing a Memorandum of Points and Authorities in opposition to any motion in unlimited civil cases must provide a courtesy copy of the Memorandum at the time of filing.
Page 54 | 3.1.5 Filings in Unlimited Civil Cases
In unlimited civil cases, a courtesy copy of a supporting memorandum of points and authorities must be provided at filing.
(a) Parties filing Memoranda of Points and Authorities in support of motions in unlimited civil cases must provide a courtesy copy of the Memorandum at the time of filing.
Page 54 | 3.1.5 Filings in Unlimited Civil Cases
In unlimited civil cases, moving, opposition, and reply separate statements in summary judgment, summary adjudication, and motions to compel discovery must include a courtesy copy at filing and be emailed in Word format to the court research attorney.
(c) Parties filing either moving, opposition or reply Separate Statements in Summary Judgment Motions, Summary Adjudication Motions, or Motions to Compel Discovery in unlimited civil cases, must include a courtesy copy of such a Separate Statement at the time of filing, and must also e-mail a copy of said Separate Statement, in Word format, to the court research attorney
Page 54 | 3.1.5 Filings in Unlimited Civil Cases
Parties filing responses, opposition documents, or other documents responding to a motion in the Criminal Division must provide courtesy copies when filing.
Parties filing responses and documents, in opposition or otherwise, to any motion with the Criminal Division must provide a courtesy copy of all documents at the time of filing.
Page 68 | 4.1.15 Filings in Criminal Cases
Parties filing a reply and related documents in response to a response in the Criminal Division must include courtesy copies when filing.
Parties filing a reply and related documents to any response with the Criminal Division must include a courtesy copy of all documents at the time of filing.
Page 68 | 4.1.15 Filings in Criminal Cases
Parties filing motions and supporting documents in the Criminal Division must provide courtesy copies of all documents when filing.
Parties filing motions and documents in support of motions with the Criminal Division must provide a courtesy copy of all documents at the time of filing.
Page 68 | 4.1.15 Filings in Criminal Cases
Counsel must provide the Clerk with four legible copies of the original brief when filing it.
In addition thereto, counsel shall deposit with the Clerk of the Court, when filing the original brief, four (4) legible copies of the original brief for the assistance of the members of the Court.
Page 111 | DIVISION 8 APPELLATE DEPARTMENT — Chapter 1 General — 8.1.1 Briefs
Family Court Services will provide parties or their counsel a courtesy copy of the current Report and Recommendation if it was not received by email, fax, or mail.
Family Court Services will provide a courtesy copy of the Report and Recommendation to parties, or their counsel related to the current filing before the Court in the event that the party or their counsel does not receive the report through email, fax, or mail.
Page 83 | 5.1.35 Obtaining Copies of Family Court Services Reports
Adjournment & Extension Requirements
A counsel or self-represented litigant who did not participate in selecting a short-cause trial date is entitled to one continuance of right by stipulation or motion.
A counsel or self-represented litigant who did not participate in the selection of a short cause trial date shall be entitled to one continuance of right, by stipulation or motion.
Page 49 | 2.9.2 Setting Procedure (a) Short Cause
All continuances must be requested by noticed motion with supporting declarations, and requests made by other methods will be denied except in emergencies.
All continuances, contested or not, are to be applied for by noticed motion with supporting declarations. Continuances applied for in any other manner will be denied, except in emergencies.
Page 50 | Chapter 10 Continuance Policy, 2.10.1
A mandatory-settlement-conference continuance must be directed to the assigned judge and granted only if it will neither delay trial nor disrupt that judge's calendar.
Motions for the continuance of the mandatory settlement conference shall be made to the Judge to whom the mandatory settlement conference has been assigned and shall be granted only if the continuance would not delay the trial of the action nor disrupt the calendar of the Judge to whom the settlement conference has been assigned.
Page 50 | Chapter 10 Continuance Policy, 2.10.1
The court will grant a continuance only when the requesting party affirmatively shows good cause.
The Court will grant continuances only upon an affirmative showing of good cause.
Page 50 | Chapter 10 Continuance Policy, 2.10.1
Mandatory settlement conferences, trial assignments, and trials generally must proceed as calendared unless good cause for a continuance is shown.
2.10.2 Civil Cases-Further Statement of Policy. In order to effect and preserve the maximum efficiency of the Court in reducing congestion and delay in the trial of cases, the Court will enforce a strict policy of requiring mandatory settlement conferences, trial assignments, and trials to proceed as calendared in the absence of good cause shown for a continuance thereof.
Page 52 | 2.10.2 Civil Cases-Further Statement of Policy
A continuance request for a settlement conference, trial assignment, or trial date must be brought as a noticed hearing before the Presiding Judge or designated judge, and a stipulated continuance requires the express consent of that judge.
Any request for a continuance of settlement conference, trial assignment or trial date shall be made in the form of a noticed hearing before the Presiding Judge or such other Judge as he or she may designate. No stipulation for a continuance of such dates shall be accepted without the express consent of the Presiding Judge or such other Judge as the Presiding Judge may from time to time designate.
Page 52 | 2.10.2 Civil Cases-Further Statement of Policy
A mandatory settlement conference continuance must be requested from the assigned judge and granted only if it will not delay trial or disrupt that judge’s calendar.
Any request for a continuance of a mandatory settlement conference shall be made to the Judge to whom the settlement conference has been assigned, and it shall be granted only if (a) the continuance would not delay the trial of the action, and (b) the continuance would not disrupt the calendar of the Judge to whom the settlement conference has been assigned.
Page 52 | 2.10.2 Civil Cases-Further Statement of Policy
Each litigant may obtain one continuance within 45 days of the original hearing date by making a written request stating the reasons, unless the parties stipulate; non-stipulated requests must be received at least five calendar days before the hearing, and written notice must be provided to all parties.
Adoption Continuances. The Calendar Clerk may grant continuances in the above types of proceedings as follows: (a) Each party may obtain one continuance to a date within forty-five (45) days of the original date set for hearing without the consent of the Court. Litigants requesting such continuances will have the responsibility to make such requests in writing and state their reasons. (b) Continuances may also be granted on written stipulation of the parties. The counsel or self-represented party seeking the continuance or Calendar Clerk is responsible for providing all parties to the action with written notice of continuances. (c) No request for continuance, except by stipulation, will be granted if not received in writing five (5) calendar days prior to the date set for hearing.
Page 53 | Adoption Continuances
A party seeking a continuance or declining to proceed must notify the clerk and opposing party as soon as possible and no later than 4:30 p.m. two court days before the hearing.
In case any party intends to ask for a continuance or does not intend to proceed in any matter on the date set, that party shall so inform the Court Clerk and opposing counsel or self-represented party as soon as possible, and, in any event, no later than 4:30 p.m. of the second court day preceding hearing.
Page 55 | 3.2.4 Continuances
The extension is granted only when requested on or before the original pay or appear date.
The extension will be granted only if the request is made on or before the original pay or appear date.
Page 70 | 4.2.1 Extension for Pay or Appear Date
The clerk must be notified to request a continuance if the matter is to remain on the calendar.
The Clerk has been notified to request the Court for a continuance of said matter.
Page 77 | 5.1.14 Counsel’s Duty
Specifically devised or bequeathed property may not be encumbered or offered for sale without prior court approval on seven court days’ notice to the specific devisee or legatee.
No specifically devised or bequeathed real or personal property shall be encumbered or offered for sale unless first approved by the Court on seven (7) court days’ notice to the specific devisee or legatee.
Page 103 | 7.3.2 Sale or Encumbrance of Estate Property
Illness is a recognized ground for continuance when supported by a medical doctor's appropriate declaration stating the illness's nature and anticipated incapacity.
An illness (supported by an appropriate declaration of a medical doctor, stating the nature of the illness and the anticipated period of any incapacity).
Page 50 | Chapter 10 Continuance Policy, 2.10.1(b) Illness
Substitution of the trial attorney requires an affirmative showing that substitution is required in the interest of justice.
(d) Substitution of Trial Attorney. The substitution of the trial attorney only where there is an affirmative showing that the substitution is required in the interest of justice.
Page 51 | Substitution of Trial Attorney
A witness’s unavailability supports a continuance only if the witness was subpoenaed or beyond subpoena and agreed to attend, and the absence resulted from an unavoidable emergency unknown and not reasonably knowable by counsel at the time of the conference.
(2) The unavailability of a witness is only where the witness has been subpoenaed, or is beyond the reach of subpoena and has agreed to be present, and his or her absence is due to an unavoidable emergency about which counsel did not know, and could not reasonably have known, at the time of the conference.
Page 51 | Unavailability of Trial Attorney or Witness
Illness of another witness supports a continuance only when another witness cannot be obtained to testify to the same facts or there was no reasonable opportunity to obtain a substitute because of the illness's proximity to trial.
(3) The illness of any other witness only where it is not possible to obtain another witness to testify to the same facts or where, because of the proximity of the illness to trial, there has been no reasonable opportunity to obtain such a substitute witness.
Page 51 | Continuation Grounds
Illness of the trial attorney or an expert witness generally supports a continuance, but substitution of another attorney or witness will be considered instead based on the timing, expected duration, case complexity, and availability of a substitute.
(2) The illness of the trial attorney or of an expert witness, except that the substitution of another attorney or witness will be considered in lieu of a continuance depending on the proximity of the illness to the date of trial, the anticipated duration of the incapacity, the complexity of the case, and the availability of a substitute attorney or expert witness.
Page 51 | Continuation Grounds
A trial attorney’s unavailability supports a continuance only if the conflict was not reasonably foreseeable when the trial date was accepted and the court made the required finding on a motion submitted at least 30 days before trial.
(1) The unavailability of the trial attorney when he or she is engaged in the trial of another case if: (a) at the time such attorney accepted the trial date in this case the attorney could not have reasonably anticipated the conflict in trial date; and (b) the Court was informed and made a finding on motion made at least thirty (30) days before the date set for trial that the case was assigned for trial to this attorney within a particular law firm and that no other attorney in that firm was capable and available to try the case and was or could be prepared to do so.
Page 51 | Unavailability of Trial Attorney or Witness
A continuance may be requested where a significant change in the case status resulting from a court-ordered change in parties or pleadings leaves the case unready for trial.
(e) Change in Status. A significant change in the status of the case where, because of a change in the parties or pleadings ordered by the Court, the case is not ready for trial.
Page 51 | Change in Status
A last-minute continuance is generally inappropriate because it duplicates the judge’s work and may limit other litigants’ timely access to the court.
The grant of a last-minute continuance is generally inappropriate in that it requires a duplication of effort on the part of the Judge and tends to deprive other litigants of timely access to the courts.
Page 52 | 2.10.3 Civil Cases, Law and Motion and Voluntary Settlement Conference Policy
Law-and-motion and voluntary settlement conference matters may be continued unless the continuance would disrupt the assigned department’s calendar or tend to delay trial.
2.10.4 Law and Motion and Voluntary Settlement Conference Continuances. Continuances may be granted in law and motion and voluntary settlement conference matters unless (a) such continuance would disrupt the calendar of the department to which such matter has been assigned, or (b) such continuance would tend to delay the trial of the action.
Page 52 | 2.10.4 Law and Motion and Voluntary Settlement Conference Continuances
A noticed case management conference may be continued by stipulation for no more than 15 days, or by the Court for calendar-related reasons or other good cause; the Court may impose a $20 fee when a party caused the continuance, payable before judgment or dismissal.
3.5.3 Continuances of Case Management Conference. A noticed conference may be continued by stipulation of the parties for a period not to exceed 15 days from the original date set for the hearing. The Court may continue the Case Management Conference for the convenience of the Court’s calendar, including informal coordination of related cases, consolidation of hearings on other pending motions, or other good cause. The Court may, in its discretion, impose a $20 continuance fee if the circumstance causing the continuance is caused by one or more of the parties. The fee must be paid prior to the entry of judgment or dismissal.
Page 60 | 3.5.3 Continuances of Case Management Conference
A party may request one extension of no more than 30 days from the pay or appear date listed on the citation or mandatory reminder notice.
A party may request from the clerk of the court one extension not to exceed 30 days from the pay or appear date listed on the citation or mandatory reminder notice.
Page 70 | 4.2.1 Extension for Pay or Appear Date
Continuances are granted only when exceptional circumstances are shown.
Time waivers will be accepted and continuances granted only on a showing of exceptional circumstances.
Page 87 | Chapter 2 Juvenile Dependency Cases -Appointment of Counsel
Continuances or further settlement conferences are subject to the discretion of the particular Settlement Conference Judge.
2.8.8 Continuances. Continuances or further conference on a continued date may be granted or denied within the discretion of the particular Settlement Conference Judge. (Effective 7/1/08)
Page 48 | 2.8.8 Continuances
The court’s policy is to cooperate with counsel or self-represented parties regarding continuances of law-and-motion matters and settlement conferences to the extent possible.
2.10.3 Civil Cases, Law and Motion and Voluntary Settlement Conference Policy. It is the policy of the Court to cooperate with Counsel or self-represented party regarding continuances of law and motion matters and settlement conferences to the extent possible.
Page 52 | 2.10.3 Civil Cases, Law and Motion and Voluntary Settlement Conference Policy
Chambers Communication Rules
Except for ex parte hearings, counsel must contact the Calendar Clerk for a hearing date before scheduling or noticing a motion.
No motion shall be scheduled or noticed for hearing (except ex parte hearings) without first contacting the Calendar Clerk to request a date for hearing.
Page 55 | 3.2.1 Motion Date
An attorney who cannot appear at the call of the case must inform the courtroom clerk before the call of the reason for and extent of the delay.
5.1.14 Counsel’s Duty. If an attorney is unable to be present at the time of the call of the case on calendar he or she must, prior to the call, inform the courtroom Clerk of that department of the reason for and extent of such delay.
Page 77 | 5.1.14 Counsel’s Duty
The clerk will not confirm or disclose personal identifying information by telephone, email, or other informal inquiry.
For the privacy and protection of all individuals, the Clerk of the Court will not confirm or disclose personal identifying information by telephone, email, or other informal inquiry.
Page 35 | 1.11.1 Court Records – Disclosure of Personal Identifying Information
A party may obtain an advance tentative ruling by calling 559-416-5599 only after receiving notice that the court intends to issue one.
The ruling may also be obtained by calling 559-416-5599 if the parties have been notified of the court’s intention to issue a tentative ruling. A party should not telephone the court unless the party has been notified by the court of its intention to issue a tentative ruling.
Page 58 | 3.3.6 Tentative Rulings
A defendant with no consecutive prior failures to appear may contact the court by telephone or appear in person to schedule a Request to Recall Warrant Hearing.
A defendant may contact the court by telephone or appear in person to schedule a Request to Recall Warrant Hearing.
Page 69 | (b) Eligibility; No Consecutive Failures to Appear; No Bail Forfeiture
After obtaining and timely submitting a Letter of Reassumption of Liability, a defendant may contact the court by telephone or appear in person to schedule a Request to Recall Warrant Hearing.
Upon satisfaction of these requirements, the defendant may contact the court by telephone or appear in person to schedule a Request to Recall Warrant Hearing.
Page 69 | (c) Eligibility: No Consecutive Failures to Appear; Bail in Forfeiture Status