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A request to reduce the amount owed on a traffic ticket, with proof of not having the financial means to pay the fine, considered at any point in the process but answered only after a plea of guilty or no contest; the court's new online request tool (recommended), MyCitations, to enter a plea and make an ability to pay request on eligible infractions without going to court - with a payment plan, more time to pay or community service instead of paying fines and fees, also for a case currently in collections; or form TR-320/CR320 - Can't Afford to Pay Fine: Traffic and Other Infractions (the clerk's office for information on the form); an additional fee of up to $100 the court may add if the defendant does not act by the date on the citation and reminder notice, a reduction requested at any time while the fines remain unpaid; payment plans approved for no more than $25 per month on an approved ability-to-pay request; fines and fees owed from a misdemeanor or felony offense not eligible; the online tool not used to contest the citation, attend traffic school or get a dismissal or reduction of charges with proof of correction.
A reduction of the amount owed on a traffic ticket, more time to pay, a payment plan or a combination requested with proof of the lack of financial means, at any point in the process, but answered only after a plea of guilty or no contest; the MyCitations online tool (recommended) to enter a plea and make an ability-to-pay request on eligible infractions, with a payment plan and/or more time to pay, also for a case in collections; Tuolumne County Superior Court does not offer the option of community service; or form TR-320/CR320 - Can't Afford to Pay Fine: Traffic and Other Infractions, also the form for a fine reduction when applying for traffic school (the clerk's office for information); an additional fee of up to $100 if no action is taken by the date on the citation and reminder notice, a reduction available at any time while the fines remain unpaid; payment plans approved for no more than $25 per month on an approved ability-to-pay request; misdemeanor and felony fines and fees not eligible; the online tool not for contesting the citation, attending traffic school or a dismissal or reduction of charges with proof of correction.
Infraction matters for adult and juvenile traffic violations and some local ordinances, DUI handled by the Criminal Division; a Courtesy Notice mailed to the address on the citation with the due date - address changes to (209) 533-5671, no second notice once one has been mailed to an incorrect address, its non-receipt no excuse - and action required on or before the due date; payments and documents by mail allowed 10 days for delivery and processing; the traffic division at (209) 533-5671 between 8:00 a.m. and 3:00 p.m., excluding weekends and holidays; arraignments scheduled by contacting the Clerk's Office at (209) 533-2380 - no “Walk-in-Court” - with all proof of correction brought for mechanical, registration, driver's license or insurance violations; a court trial requested on form TUO-TRF-100 Plea & Request for Court Trial, the citing officer required to appear, a defendant who does not appear possibly found guilty in absentia; an appeal within 30 days, only after a guilty finding at a court trial; one 30 day extension from the Courtesy Notice's due date, by phone or in person, longer extensions only by appearing before the judicial officer; one extension of a court-ordered fine's due date by clerical staff on a “Clerk's Modification of Sentence or Probation Conditions” form; on a failure to appear or resolve the citation the court proceeds under Vehicle Code section 40903, an unpaid fine bringing an additional $100.00 civil penalty and referral to the Office of Revenue Recovery (209-533-5920), contracted as the Collection Officer; the fees - copies .50 cents per page, certified copies $40.00 per document, proof of correction fee $25.00 per count, court security fee $40.00 per count, infraction conviction assessment $35.00 per count, traffic school administrative fee $79.00; juvenile traffic citations - a mandatory appearance with a parent or legal guardian, the court contacted if no Notice of Hearing arrives within 20 days of the citation; parking citations processed by the issuing agencies, an appeal from an administrative decision filed within 30 days of the decision with the Notice of Appeal – Administrative Parking Hearing, the original Notice of Parking Violation and a $25.00 filing fee (Vehicle Code section 40230(b)), set for trial de novo, proof of service on the issuing agency filed at least 10 days before the trial date; payment online, by phone at (209) 533-5671, in person or by mail at 12855 Justice Center Drive (checks or money orders payable to “Tuolumne County Superior Court” with the case number in the memo), a fine transferred to AllianceOne paid to AllianceOne; proof of correction - correctable violations dismissed on proof of correction and payment by the due date, submitted by mail or in person, signed off by any uniformed peace officer, or for driver's license and registration violations by the DMV or a clerk of the Superior Court; VC16028(a) insurance violations not signed off by an officer - with insurance not shown at the stop dismissible with proof of insurance and a $25.00 correction fee; traffic school requested on the courtesy notice's options/remittance portion with the amount due by the due date, by telephone or in person, 90 days to complete it from the date the court processes the request (the page also says the Certificate of Completion is due within 60 days), eligibility under California Rules of Court rule 4.104 (a valid driver's license; no traffic school in the last 18 months; not more than one point under Vehicle Code section 12810 or one and one-half points under 12810.5(b)(2); not alcohol or drug related; not more than 25 miles over a speed limit; not in a commercial vehicle); trial by declaration (Vehicle Code section 40902) requested on the courtesy notice's options/remittance portion by the due date or through the automated phone system, the bail deposited with the request, the declaration forms mailed by the court and returned by the due date on them, no monthly payment options; and a sold or inoperable cited car, or a ticket that is not one's own, requires a court date before a judicial officer.
11.00.0 Traffic Rules: any defendant who has received a written notice to appear for an infraction may, prior to the time he or she is required to appear, plead not guilty in writing in lieu of appearing in person, local form TUO-TRF-100, found in the appendix to these rules, used for the written not-guilty plea, and the defendant delivering the written plea to the Court complying with Vehicle Code section 40519 (11.01.0); and the Traffic Tickets/Infractions Amnesty Program (10/1/2015 - 3/31/2017), effective 1/01/16, revoked 7/01/17 (11.02.0)
Payments online (citations issued to a person under 18 not payable online); MyCitations for a reduction based on the ability to pay, a payment plan, more time to pay or community service on eligible infractions (not misdemeanor or felony fines; not to contest a citation, attend traffic school or get a dismissal or reduction with proof of correction); mandatory appearances at a Traffic Arraignment - all citations issued to a person under 18, 22348(b)VC (100mph or greater), 23140(a)VC, or a formal complaint filed by the District Attorney - and a scheduled Traffic Arraignment attended even after paying online; one (1) 60-day extension of the due date approved by the clerk at no cost, requested in person or by telephone; proof of correction signed by an authorized representative and submitted with a $25.00 Proof of Correction Fee per correctable violation by the due date (VC40610), proof of registration printed from the DMV, the VC16028(a) insurance proof; traffic school - the eligibility conditions (no traffic school for a citation within the last 18 months, a moving violation, no more than one point under VC 12810 or one and one-half points under VC 12810.5(b)(2), no alcohol or drug offense, not VC 22406.5 or 21655.5, not a speeding violation over 100 miles per hour or 26 miles or more over the limit, a failure to appear or civil assessment resolved first), a non-refundable $69.00 Traffic School Administration Fee added to the bail, proof of completion received within 90 days of the request, no extension of time once requested; contesting a citation - a Traffic Arraignment requested before the due date (a Promise to Appear), a Traffic Trial set by the clerk on the Counter Arraignment form with the full bail posted, or a Trial by Written Declaration (Form TR-205, mandatory, requested before the due date with the bail forfeiture amount paid at filing; a Trial De Novo on Form TR-220 by the deadline in the written decision); no credit or debit payments through the website for a Traffic Trial or a Trial by Written Declaration; no walk-in calendar, all cases set for hearing by the clerk; requests for continuance of a Traffic Trial filed at least 10 Court days prior to the hearing; an appeal filed within 30 days of the decision; payment plans with 25% of the Total Amount Due deposited; a Failure to Appear notice answered within 20 days, or conviction, referral to collections and a report to the DMV; the Child Passenger Safety Program requested in person before the Appear by Date; the Traffic Clerk at (559) 582-1010, ext. 6100, Monday through Friday, 8:00 a.m. to 4:00 p.m.
Chapter 5, Part 1: appointment of contract counsel for indigent defendants or, if no such counsel is available, of counsel from the court's appointment list (500); a standing order for reciprocal discovery under Penal Code sections 1054 through 1054.7, an informal request of opposing counsel under section 1054.5(b), in writing, before a discovery motion, which may be denied without one, and remedies and sanctions under section 1054.5 (501); expert and investigative fees for indigent defendants not normally paid without a prior court order, which may issue ex parte and be kept confidential, a copy of the order attached to each claim form disclosing the fees previously requested (502); counsel responsible for having witnesses available and arranging interpreters for them before trial, no trial delayed for incorrect scheduling of witnesses unless counsel can show due diligence, and a certified typed transcription of any sound recording to be offered, prepared at the proponent's expense with copies for each juror and alternate juror, the judicial officer, each opposing party and counsel, the court reporter and the clerk (503); motions for modification of sentence or probation in writing to the sentencing judge, with notice to the District Attorney and a copy to the Probation Office at least fifteen (15) days before the hearing (504); motions decided before trial renewed only on new facts or law that could not with due diligence have been known, with a supporting declaration (505); a verbatim record of misdemeanor or infraction proceedings, not generally required, on a written request and deposits to the clerk at least five (5) days before the hearing, at the requesting party's entire cost (506); no negotiated plea agreement accepted after the final trial readiness hearing absent exceptional circumstances (507); jury instructions prepared under rules 2.1055 and 2.1058, CALCRIM blanks typed in, and proposed instructions submitted to the trial judge on the first day of trial or an earlier date set (508(A) to 508(D)); at the trial readiness hearing, witness lists, proposed instructions, verdict forms from the prosecuting attorneys, motions in limine with proof of service and any joint statement for written jury questionnaires, and opposition to a motion in limine filed and served not less than five (5) court days before trial confirmation (508(E) to 508(G)); petitions for relief under Penal Code section 1170.18 and Health & Safety Code section 11361.8 on the court's optional forms, whose use is preferred, served on the Kings County District Attorney's Office, which has thirty (30) days to respond, letters or notes may not be considered, and hearings set by the court clerk (509); a courtesy copy of each law and motion filing delivered to the courtroom clerk of the assigned Department during an open session (510); requests for dismissal under Vehicle Code section 41500 including a verified statement or official document confirming the date of the defendant's commitment (511); the respondent to a Pitchess motion to submit copies of all records produced for in camera inspection on a digital storage device by the time set for the in camera proceedings, the notice of motion referencing this requirement (512); circumstances in aggravation that may be bifurcated from trial consistent with Penal Code §1170(b)(2), the Defendant to inform the People and the court on or before trial readiness whether bifurcation is requested, disputes submitted as motions in limine, and a separate verdict form prepared by the People (513); and the District Attorney or Attorney General, when it files a criminal complaint, information or indictment in a case in which a search warrant was previously executed, to notify the Court of the warrant number and date signed so it is placed in the criminal file (514)
Chapter 5, Parts 2 to 6: an early disposition hearing on a waiver of time at the initial felony arraignment, cases held to answer certified to a designated department for arraignment, and on a guilty or nolo contendere plea the case referred to the Probation Office for a pre-sentence report (520); defense counsel appearing fifteen (15) minutes before calendar call to confer with the clerk on tentative dates, and mandatory settlement conference, trial readiness, trial confirmation and trial dates (521); the presence of the defendant and trial counsel with full authority at each mandatory appearance, telephone appearances by prior approval in exceptional circumstances (522); a felony settlement conference at which counsel are prepared to negotiate a disposition except where prohibited by Penal Code section 1192.7 or other statute (523); a trial readiness hearing between one (1) and fourteen (14) days before trial, by which non in limine pre-trial motions are heard, witnesses subpoenaed and counsel prepared (524); at the trial confirmation hearing, any transcript of a sound recording served on opposing counsel, and counsel prepared to inform the court of motions in limine, trial length, witness and interpreter needs and causes of delay (525); pre-trial motions noticed at the post preliminary examination arraignment and heard no later than the trial readiness hearing, sanctions for unreasonably delaying a motion, written motions with points and authorities and proof of service, the hearing date and time estimate and the attorney's state bar number, points and authorities or affidavits of no more than ten (10) pages without prior leave, and section 995 and 1538.5 motions stating the claimed deficiencies with particularity or listing the evidence, theories and authorities (526); letters of reference submitted to the probation officer, not the court, no later than fourteen (14) calendar days after conviction, no more than five (5) attached to the probation report, and the report's Summary of Offense the operative facts absent a notice of intention to dispute them (527); misdemeanor pre-trial, motion, trial readiness and trial confirmation hearings set at arraignment, the trial confirmation hearing normally one (1) or two (2) court days before trial (530 to 533); misdemeanor section 1538.5 motions listing the evidence, theories and authorities (534); all-purpose assignment of criminal cases under the court's Standing Order (535); appointed counsel on a misdemeanor appeal for a defendant appointed counsel in the trial court, unless privately retained counsel files the Notice of Appeal, and no right to self-representation (536); for infractions only, a guilty or no contest plea and fine by mail, automated telephone system or at the front window, or a court trial in person, on the notice to appear under Vehicle Code section 40901 or by written declaration under Vehicle Code section 40902, and in traffic cases motions filed and served not less than ten (10) court days before the hearing with proposed orders, on hearing dates cleared with the court clerk (540); a request for court trial received on or before the date on the citation, at the Traffic Window or by first class mail, and a Counter Arraignment for Contested Infraction with bail received not less than fifteen (15) days before trial (541); trial by written declaration under Rule 4.210 on Forms TR-205 and TR-200, which a defendant who fails to appear, post bail, request an extension or pay by the date on the notice to appear may be deemed to have elected under Vehicle Code section 40903 (542); clerk ability to pay determinations under Government Code §68645.3(e) for litigants receiving public benefits or with household income at or below 250% of the federal poverty level, judicial review of a denied reduction, and requests for a payment plan, more time or community service (543); habeas corpus petitions on a fully completed form HC-001, petitions failing rule 4.551 returned without filing, expedited review only by written motion demonstrating good cause, and motions for additional time filed and served at least twenty (20) days before the deadline, any opposition at least ten (10) days before it (580); and Penal Code §987.9 funding requests in capital cases directed to the assigned 987.9 funding judge, reimbursement requests presented as Local Rule 502 describes (590)
2026 Miscellaneous Order No. 4 – 2nd Amended (effective August 3, 2026): a case in which a judge within the Criminal Division (Department 17, Department 21, Department 22, Department 24 and Department 38) is disqualified reassigned to a courtroom for all purposes pursuant to Rule 3.734 of the California Rules of Court by the attached “Department Assignment” number sheet - staff excluding the last digit of the case number and assigning by the next two digits, excluding an additional digit if that falls to the same disqualified department, and, where the case still falls within the same department after excluding all numbers, assigning it to the next department (Department 21 to Department 22, 22 to 24, 24 to 38, 38 to 21); the defendant’s pending cases in the disqualified department moving with the disqualified case unless the judge finds unusual circumstances; a traffic case that is the source of a disqualification in Department 21, 22, 24 or 38 may be sent back to Department 17; traffic cases (matters filed exclusively under the California Vehicle Code involving misdemeanor and/or infraction charges, regularly heard in Department 17) whose judicial officer is disqualified reassigned first to Department 37 - unless the defendant has other criminal matters pending in another department - and, if Department 37 is also disqualified, to the criminal department by the number sheet; if the judicial officers of Departments 21, 22, 24 and 38 are all disqualified, the case(s) routed to the presiding judge or the assistant presiding judge (if not disqualified), then to the most senior judge available (by the date the judge was sworn into office); the sheet's chart of the terminal numbers 0 to 99 among Departments 24, 21, 22 and 38, and the lowest number of the MCR case(s) deciding the department when a defendant has both a MCR numbered case(s) and a SCR numbered case(s).
The Criminal Court Division processes misdemeanor and felony complaints; the Felony Bail Schedule (including specified misdemeanors); electronic filing through electronic delivery (including e-mail) of documents in Criminal cases (FAQs - eDelivery for Criminal cases); the MyCitations - Ability to Pay Tool for infraction fines; payments by mail or in person (cash, personal checks, cashier's checks, money orders, debit and credit card), payable to "Madera Superior Court", with the case number, no cash by mail; court appearances mandatory on criminal misdemeanor and felony cases, extensions not granted; failure to appear - forfeiture of bail bond, a warrant, license suspension, an added violation and an additional $100.00 assessment pursuant to penal Code Section 1214.1 on infraction cases referred to collections; extensions on court ordered fines, fees, programs or jail by a "Request for Modification" form received by the Court 5 days prior to the due date, at 8:00 a.m. (a judge to extend a jail report date or re-set a payment plan; a one-time extension on infractions to Pay or Appear by the clerk's office); bail refunds processed upon court order in approximately 6 to 8 weeks; court appointed counsel at the arraignment, with referral to the Madera County Revenue Services department on ability to pay; record searches $15.00 per name, per index; copies $.50 per page and $25.00 per case for certification, by mail by money order or cashier's check (law firms' business checks marked "not to exceed $50 dollars"); Drug Court administered through Department 23; window hours 8:00 AM – 3:00 PM and a drop box from 3:00 PM to 4:00 PM.
Payments online at Madera.epay-it.com (an additional fee applies), in person Mon-Fri from 8 AM – 4 PM at the lobby windows or by mail to the Madera Superior Court Traffic Division, 200 South "G" Street, Madera, CA 93637, personal checks pre-printed with the Defendant's name and address, payable to "Madera Superior Court", with the case number; financial hardship - an appearance for arraignment without the deposit of bail, or the MyCitations - Ability to Pay Tool; collections through the Franchise Tax Board and Linebarger Goggan Blair & Sampson, LLP (Linebarger); the typical case (courtesy notice, payment, Trial by Declaration or Court Trial, traffic school at the fine plus $74.00); a civil assessment up to $300.00 pursuant to PC 1214.1(a) on referral to collections; license suspension under VC40508(a); partial payments with a $50.00 administrative fee per VC 40510.5; forfeiting bail reported to DMV as a conviction; prior convictions within three years - a penalty enhancement pursuant to VC4200 and VC40508.6; proof of correction signed off by a law enforcement agency or DMV and returned with the fees.
Parking tickets, traffic infractions and misdemeanors (the Traffic Division) and felony violations (the Main Courthouse); electronic filing through electronic delivery (including e-mail) of documents in Traffic cases; traffic school - eligibility (no traffic school within 18 months, no more than one point under VC 12810 or one and one-half point under VC 12810.5(b)(2), not alcohol or drug related, not VC 22406.5, a valid driver's license), one check for the total bail plus the $74.00 traffic violator school fee (42007(a) VC), ability-to-pay requests by an appearance for arraignment, payment plans from the Traffic Clerk, completion certificates received electronically within 90 days from the post mark of the request, fees non-refundable, online certificates from courses approved by the California Traffic Safety Institute; trials - a Court Trial or a Trial by Declaration, requested in person or by mail by a plea of "not guilty"; an Interpreter requested from the Traffic Division at least one week before the hearing; fees and fines according to statute and the Judicial Council's Uniform Bail and Penalty Schedule; window hours 8:00 AM – 3:00 PM and a drop box from 3:00 PM to 4:00 PM.
Division 4, Chapter 2: one extension not to exceed 30 days from the pay or appear date, requested from the clerk on or before that date (4.2.1); dismissal of correctable offenses on proof of correction and the fee under Vehicle Code § 40522 (4.2.2); proof of insurance under Vehicle Code § 16028 - the citation dismissed on a $25.00 proof of correction fee if the insurance was valid at the time the citation was issued (4.2.3); traffic violator school - a speed violation less than 26 miles per hour over the limit, no prior traffic school in the last 18 months, 90 days to complete and submit the certificate, requested on or before the due date, and a fee equal to the bail and administrative fees (4.2.4 and 4.2.5); trial by written declaration under Vehicle Code § 40902 with 20 calendar days to request a new trial on form TR-220, and trial in absentia under Vehicle Code § 40903 on form TR-205, the case dismissed if the officer's declaration is not timely (4.2.6 and 4.2.7); transcripts (4.2.8); and remote video proceedings under Rule 4.220, requested only by the defendant on Judicial Council form TR-505 or TR-510 filed with the Traffic Division at 200 South "G" Street, documents submitted with local form MAD-CSD-0007 and two (2) copies brought to the trial, documents for the day of trial to the court clerk no later than 9:30 a.m. (4.2.9)
A request to reduce an infraction fine (most traffic tickets) based on the ability to pay, with proof of financial means, at any point but answered only after a plea of guilty or no contest; the MyCitations online tool (recommended) for a plea and an ability to pay request on eligible infractions, a payment plan, more time to pay or community service, usable when the case is in collections; form TR-320/CR320 as the other way; an additional fee of up to $100 the court may add if the defendant does not act by the date on the citation and reminder notice; payment plans approved for no more than $25 per month on an approved ability-to-pay request; misdemeanor and felony fines and fees not eligible; and the tool not used to contest the citation, attend traffic school or obtain a dismissal with proof of correction.
Standing Order 2022-06 (effective September 20, 2022; a revision of Standing Order 2021-08), procedures for traffic matters: any clerk acting on a case updating the Department of Motor Vehicle Docket; the Clerk waiving the mandatory appearance on VC 40616 cases and accepting proof of correction with the $25.00 fee - correctable citations, tinted windows (VC § 26708(a)(1)), no proof of insurance, a valid license or registration - VC § 24004 and VC § 24002(a) not correctable; traffic school always granted if eligible, judicial approval for more than three (3) infractions or one (1) misdemeanor in the last two years, two eligible violations on one case, out-of-state driver licenses, no conversion to community service, and requests up to six months after bail is forfeited; one 30-day extension and one 45-day traffic school extension; payment plans; no not guilty plea on a misdemeanor citation by mail or over the counter; bail for a trial by declaration placed in Trust; one switch of proceedings (Court Trial to Trial by Declaration or back); owner's responsibility (CHP Form 279); community service for minors, who appear on the 1st Thursday of each month at 1:30 p.m.; motions, including a “Motion to Set Aside Civil Assessment”, calendared in the Traffic Department at least one week out and not accepted as a walk-in; court trials and trials by declaration where the citing officer has retired or transferred (Local Form #MSC-TF-020 to the District Attorney's Office in accident cases); copies of minute orders at $0.50 cents per page; and no court reporter in a traffic matter without a Judicial Officer's approval (Code of Civil Procedure § 269(a)(3)), an electronic recording being available.
Standing Order 2022-07 (effective October 19, 2022; a revision of Standing Order 2019-01): community service authorized for defendants charged with misdemeanors when payment of the total fine would pose a hardship on the defendant or the defendant's family, at the rate set for infractions under Penal Code § 1209.5 - double the minimum wage established by Labor Code section 1182.12(b)(2).
The division's jurisdiction (Vehicle Code violations, some local municipal ordinances, infractions and minor misdemeanors); the Notice to Appear, the Juvenile Traffic Notice to Appear, and the Mandatory Traffic Notice to Appear; payment in person at 720 West 20th Street, Merced, or 1159 G Street, Los Banos, online (not where an appearance is mandatory) or by mail; ability-to-pay requests through MyCitations (not for misdemeanor or felony fines, a contest, traffic school or proof of correction); walk-ins in Merced on Monday, Tuesday, Wednesday, Thursday mornings between 7:30 a.m. and 8:15 a.m. and Thursday afternoons between 12:30 p.m. and 1:15 p.m., in Los Banos on Monday, Tuesday, and Thursday mornings between 7:45 am and 8:15 am; Traffic Violator School eligibility (a moving violation, no course in 18 months, no more than 3 infractions, no misdemeanor) and the additional $70 fee, requested by mail with the bail; proof of correction with the $25 fee per correctable violation (VC 40611) by the due date, the case then dismissed; payment plans requested on or before the arraignment date and completed within 12 months, payments in person, by the drop box (after 3:00 p.m. processed the next business day), online or by mail; collections and the Franchise Tax Board; petitions to reduce or vacate a civil assessment (Rule 4.106) and for an ability-to-pay determination (Rule 4.335; form TR-320); contesting a citation by posting the fine and requesting a Court Trial or Trial by Declaration; the appeal forms (CR-141-INFO to CR-145 for infractions, CR-131-INFO to CR-137 for misdemeanors); and the Traffic FAQs - the due date and civil assessment penalties of up to $100.00, extensions, mandatory appearances (22348(b) VC; 23140(a) VC), arraignment and court trial without posting bail (California Rule of Court 4.105), a written request for a continuance at least 10 days before a court trial, and the Trial by Written Declaration (VC 40902; TR-205; a new trial requested within 20 days of the mailing of the notice of judgment).
Remote appearances generally allowed in Traffic Infraction cases, scheduling one indicating consent pursuant to California Penal Code section 1428.5 (the Traffic Arraignment Advisement read first; the appearance confirmation and the directions to the remote appearance links sent by email); the advisement - the rights (the citation read in open court, presence in person at the arraignment and court trial, officers by video unless the defendant objects, an appearance by video as consent to remote appearances by all parties and a waiver of personal presence, counsel for a misdemeanor, a jury trial for a misdemeanor or an Officer Court Trial for an infraction within 45 days, confrontation, subpoenas, testimony or silence, appeal), base fines and Penalties and Assessments, the 1 point and Traffic Violator School (TVS: 18 months from the last, the $70 administrative fee and the school's fee, the request made when the case is heard); the deadlines to schedule a remote appearance with the Clerk’s Office ((209) 725-4107 Merced, (209) 725- 4124 Los Banos) or online - Arraignments, Further Proceedings, and Pay or Appear no later than 3 PM on the court day before the hearing, Court Trials no later than 10 calendar days before the hearing date (officers likewise where the Notice of Court Trial permits remote appearances); evidence submitted by 3 PM on the court day before the hearing; payment online within five (5) business days, fines referred to Court Collections if not paid within fourteen (14) calendar days of the hearing date; and preparing for the appearance (the link confirmed the day before, joining up to 10 minutes early, first and last name and the case number).
Rules 500 and 500.1: regular sessions of the Appellate Division on the fourth Monday of each month at 1:15 p.m. (the third Monday when the fourth falls on a holiday) and special sessions at the call of its Presiding Judge (500(A)); appeals placed on the calendar for a session when the last reply brief was filed, or the time for filing it expired, forty-five (45) or more days before it (500(B)); the briefing schedule mailed on the filing of the record, briefs under rules 8.882(e), 8.883, 8.927(c) and 8.928, and three (3) legible copies deposited with the Clerk (500(C)); motions under rule 8.808, a hearing held only if the Court determines one is needed (500(D)); ten (10) minutes of oral argument for each party, the appellate or moving party opening and closing (500(E)); the original trial Court file the record on all appellate matters in civil, misdemeanor and infraction cases (500(F)); petitions for writ of mandate or prohibition served on all real parties and respondents and filed with the proof of service, the court denying the petition, requesting opposition, or issuing an alternative writ, an order to show cause or a peremptory writ on at least 10 days' notice, an opposition within 5 calendar days (500(G)); an appellant in a misdemeanor or traffic infraction matter electing the official electronic recording as the record, the District Attorney's Office stipulating to it in all Traffic Court appeals until March 31, 2027 (500.1(A)); a judicial officer ordering the recording transmitted without being transcribed in a limited civil, misdemeanor or infraction case (500.1(B)); traffic infraction appeals on the recording without being transcribed (500.1(C)); and no transcripts of official electronic recordings, the recording transmitted for an indigent appellant, and the cost of a transcript borne by an appellant who is not indigent (500.1(D))
Rule 17: trial by declaration on a Vehicle Code infraction under Vehicle Code Section 40902, a trial de novo requested no later than twenty (20) days from the date of mailing of the original decision (17(A)); a failure to appear deemed an election for trial by written declaration under Vehicle Code section 40903, and the Courtesy Notice, the second FTA/Pay notice and the final notice warning of civil assessments of up to one hundred dollars ($100), referral for debt collection and referral to the Court Collections Division (17(B)); proof of correction accepted by the Clerk with the $25.00 proof of correction fee - correctable citations, tinted windows, no proof of insurance, and a driver's license or vehicle registration valid at the time of the citation or obtained after it - and Veh. Code § 24004 and § 24002(a) moving violations not correctable (17(C)); no not guilty plea on a misdemeanor citation through the mail or over the counter (17(D)); bail for a trial by declaration placed in trust (17(E)); one change of proceeding type between a Court Trial and a Trial by Declaration, additional changes with judicial approval (17(G)); traffic school granted by the Clerk if the defendant is eligible, judicial approval for more than three (3) infractions or one (1) misdemeanor in the last two years, out-of-state driver licenses, the fee not converted to community service, and requests up to six (6) months after bail is forfeited and paid in full (17(H)); one 30-day extension and one 45-day traffic school extension granted by the Clerk without judicial approval (17(I)); payment plans set up by the Clerk (17(J)); community service for minors, the minor appearing on the 1st Thursday of each month at 1:30 p.m., fines converted at double the minimum wage (17(K)); and motions and petitions filed in the Traffic Department in Merced or the Traffic Division of the Los Banos Clerk's Office, not accepted as a walk-in, set on an arraignment calendar at least one week out in Courtroom 9 in Merced or Courtroom 12 in Los Banos, petitions to reduce or vacate a civil assessment (rule 4.106) by walk-in or remotely by video, and ability-to-pay determinations (rule 4.335) requested in writing on form TR-320 or online (17(L))
A court date for a traffic hearing reserved with the page's online request form (name, court case or citation number, date of birth, e-mail, phone, the court date chosen and a bar number for an attorney), available dates typically approximately three (3) weeks out; matters beginning with VTR or VJT heard in Visalia, 221 S Mooney Blvd, on Tuesdays or Wednesdays at 8:30am, and matters beginning with PTR or PJT at the South County Justice Center, 300 E Olive, Porterville, on Fridays at 8:30am; and an e-mail response or phone call confirming whether the requested date has been scheduled, the date subject to change with court availability.
A citation contested by arraignment and court trial without any bail paid - the arraignment scheduled with the clerk before the Due Date on the Reminder Notice (California Rules of Court rule 4.105) -, by a court trial without a separate arraignment requested before the Due Date with the bail forfeiture amount (Vehicle Code section 40519(a) and (b)), or by a trial by written declaration requested before the Due Date with the bail forfeiture amount on the mandatory form TR-205 (Vehicle Code section 40902), a new trial then requested on form TR-220 by the deadline the written decision states; an ability to pay determination requested in court (by appointment), by mail or on form TR-320, or online; trial by a judge, a commissioner or a qualified temporary judge with the citing officer subpoenaed, three hours or more planned at court, witnesses subpoenaed and the subpoena and proof of service filed on or before the trial date, a trial in absentia on a failure to appear, and bail returned by mail within 60 days after a not guilty finding; a continuance of a court trial requested at least 10 days before the trial; an appeal within 30 days after a guilty finding in a court trial; an extension of 60 days to post bail from the clerk by telephone, in person or on the court's web site, and a written request to the judicial officer beyond 60 days; mandatory appearances (22348(b) VC, 23140(a) VC); proof of correction on or before the due date - registration proof from the Department of Motor Vehicles with a $25.00 correction fee, proof of insurance in force when cited dismissible with a $25.00 correction fee, other corrections signed off by an authorized station or a law enforcement agency, no self-certification, and dog and cat licenses or vaccinations only in court; payment online by Visa, Discover, AMEX or MasterCard, by check or money order payable to the Clerk of the Court, by mail or in person; delinquent fines referred to the State Franchise Tax Board or a private collection agency; traffic school under Vehicle Code section 42005 and rule 4.101 for eligible violations (no traffic school for a citation within the last 18 months), at a fee of $68.00 plus the bail payable to the Clerk of the Court, Tulare County, a conviction reported if proof of completion is not timely; and parking citations handled by the issuing city or agency, not the court.
Traffic school requested before the court date - signed up online, or by a visit to the Traffic Court Clerk's Office (2260 Floyd Avenue, Modesto) or a written request by mail or in the Court's drop box there - with the full bail, a $52.00 non-refundable fee to the Court and a self-addressed stamped envelope if made by mail, the school charging its own fee; a defendant with a scheduled Court Trial or Trial By Written Declaration not signing up until the trial has taken place and the court has issued an order, and a defendant ordered to pay a fine who then wishes traffic school filing a Law and Motion; once the full bail and $52.00 are received, the court date extended by 90 days to complete traffic school with a provider on the Department of Motor Vehicles list, the case number or citation number and the Court's Special Reporting Code (50450) given to the school; a defendant who has not completed traffic school contacting the Court before the due date; and a case complete only when paid in full, the $52.00 fee included, and the traffic school shown as completed in the Court's case management system.
After a Not Guilty plea at arraignment a court trial set between 30 and 45 days away on Thursday or Friday according to the agency's assigned day, or 45-60 days away with a waiver of time, the officer subpoenaed; court trials on CHP tickets heard Fridays at 8:30 a.m., 10:00 a.m. and 11:30 a.m. - attorneys via Zoom (no in person hearings) on the 1st and 3rd Friday and pro per defendants in person on the 2nd, 4th and 5th Friday - and other agencies' trials heard in person only at 8:30 a.m.; a defendant found guilty asking the Court at the trial about eligibility for traffic school; arraignment and trial without posting bail, and bail deposited for a trial by written declaration, a written not guilty plea or a bail payment without contest (California Rule of Court 4.105); and the online traffic trial video and script.
Traffic Court arraignment hearings by appointment only - adult traffic cases Monday and Tuesday, juvenile traffic cases Wednesday afternoon with a parent or guardian (a juvenile who has turned 18 since the violation date continuing as a juvenile case with a parent or guardian, or appearing at the adult timeframe as an adult case), and Failure To Appear cases with a DMV hold on the driver's license Wednesday morning and afternoon; defendants arriving early to complete check-in and watching the arraignment video or reading the arraignment script before arraignment; a defendant unable to appear contacting the Modesto Traffic Division on or before the court date, a 30-day extension granted to an eligible defendant who asks on or before the "Appear By" date or at least three (3) days before the scheduled appointment; payments at the clerk's office, by Drop Box, by mail or online - no cash through the mail or the Drop Box, the case number on any check, two (2) days for an online payment to process; bail for a Trial By Written Declaration posted in advance by mail or in person, never through the website, and no online payment when requesting a Court Trial or Trial by Written Declaration; payment plans in monthly installments over a 12 month period, enrolled on the payment plan form; proof of correction fees of $25.00 for each violation, an additional $10.00 administrative fee possibly required, the sign-off on the back of the original citation; and the Traffic Court Reminder Notice sent once a citation is filed, the cited person responsible for checking for a filed case during the year after the violation date.
The traffic court's law and motion procedure: motions heard on Thursdays in department 20 at 2260 Floyd Ave, Modesto, only completed Motion and Declaration forms (TRF-014) accepted, with the filer's current address and phone number; the Commissioner reviewing the motion and, if a hearing is necessary, notifying the filer of the hearing date, a filer unavailable on a specific Thursday saying so with the filing; a self-addressed stamped envelope with a filing by mail for the return of the filed form with the court date; the court notified on filing if a Spanish interpreter is needed; and the completed form filed by mail or in person at Superior Court Traffic Division, 2260 Floyd Ave, Modesto, CA 95355.
An appointment for an arraignment hearing scheduled at least three (3) court days before the hearing, online in advance, a person appearing without an appointment not going into a hearing; adult traffic court appointments Monday and Tuesday at 8:15, 9:15, 10:30 and 11:15 a.m. and 1:30 and 2:15 p.m., adult failure to appear court appointments Wednesday at 8:15, 9:15, 10:30 and 11:15 a.m. and 1:30 p.m., and juvenile traffic court appointments Wednesday at 2:15 p.m., a juvenile appearing with a parent or legal guardian; the traffic arraignment video viewed before court; payments online, by mail or by drop box at 2260 Floyd Avenue - drop box payments after 4:00 p.m. credited the next business day, no cash, a juvenile's payment with a parent or legal guardian's signed permission and a copy of that driver's license, the citation or case number on the check; traffic school requested with the bail and the $52.00 non-refundable fee, signed up online only for case numbers beginning with "TR-", 90 days to sign up and complete the class; a trial by written declaration - not offered for an accident or camera citation - requested on forms TR-200 and TR-205 with a signed written plea of not guilty and the bail paid in full, or after a not guilty plea in court with the declaration filed and the total bail paid at least five (5) days before the scheduled date; bail refunded within six to eight weeks after a not guilty decision; a Request for New Trial (Trial de Novo) on form TR-220 no later than 20 days from the mailing date of the decision on a trial by declaration; and a one-time 30-day extension requested on or before the court date.
The court's information sheet on appeals in traffic infraction cases: the notice of appeal and every appeal-related document filed with the Superior Court Appeals Division Clerk's Office - at Window 9, inside the Family Law Clerk's Office at 1100 I Street, Modesto, or by mail to P.O. Box 1098, Modesto, CA 95353-1098 - and not with Traffic Court staff; the notice of appeal filed within 30 days after the rendition of the judgment or the making of the order appealed (CRC 8.902), a late notice not accepted; no service on the Respondent, the District Attorney's Office not taking part in traffic infraction appeals; the forms - CR-141-INFO read first, CR-142 to begin the appeal, CR-143 and CR-144 for a proposed statement on appeal where no recording exists, traffic court trials and motions being electronically recorded, CR-105 with the notice of appeal to receive the recording at public expense instead of paying the $15.00 fee, attorneys not appointed in traffic infraction appeals, and CR-145 to abandon the appeal; and Local Rule 6.00 through 6.10 and California Rules of Court rules 8.900 - 8.936 for the rules on infraction appeals.
Rules 4.24 to 4.32: an appointment required for a traffic arraignment hearing - booked on or before the "appear/respond by" date and scheduled at least five court days out, online, by phone or in person - or arraignment and trial on the same date by posting bail under Vehicle Code 40519 with form TR-006 for a written not guilty plea, full bail paid as a bail forfeiture reported to the DMV as a conviction, traffic school completed within ninety (90) days of the bail forfeiture, timely proofs of correction, and hearings including trials in person or by remote technology on a written consent (4.24); the bail schedule of California Rules of Court rule 4.102 (4.25); infraction trials under Vehicle Code Section 40901, Penal Code section 19.8 offenses filed in the Traffic Division deemed infractions, and Welfare and Institutions Code section 603.5 adopted for minors (4.26); the Clerk's Office granting up to two (2) separate continuances of not more than thirty (30) days each of the appear/respond by date, of the due date to pay an unadjudicated fine and of the traffic school completion date, on requests made at least two Court days before the deadline (4.27); a trial by written declaration requested on form TR-205 by the respond by date, not available when a personal appearance is mandatory, the bail deposited, evidence in writing or on a CD (flash drives not accepted) (4.28); a failure to appear possibly treated as an election to proceed with trial by written declaration (4.29); motions in writing, decided without a separate hearing where possible (4.30); requests to reduce fines for financial hardship on form TR-320, through MyCitations or at an ability to pay hearing, a designated clerk reviewing online requests from recipients of public benefits, payment in full within sixty (60) days or an installment plan on form TR-300 and the Court's Payment Plan Enrollment Form, traffic school bail and fees due within ninety (90) days, community service on request completed within ninety (90) days with letters on letterhead as proof, and further proceeding hearings to review compliance (4.31); and the domestic violence protocol - the criminal court inquiring about children and other orders when issuing criminal protective orders, the Restrained Person Pamphlet, the Protected Person Pamphlet, modification on an Application for Modification of Criminal Protective Order signed by the appropriate Judge and personally served no less than ten (10) calendar days before the hearing, family, juvenile and probate orders for safe access to children not conflicting with a criminal protective order, and the sharing of orders between divisions and agencies (4.32).
Rules 6.00 to 6.10: regular sessions of the appellate division on the second Wednesday of each calendar month at 4:00 p.m. (6.00); ten (10) minutes of oral argument for each party in limited civil and misdemeanor cases and five (5) minutes in infraction cases, the waiver procedure encouraged, and oral argument by videoconference - notice to the Court and all other parties within ten (10) days of the Court's notice, without fee (6.01); briefs under the California Rules of Court, briefs in paper form bound only once in the top left corner and not covered with tape (6.02); a fully briefed matter placed on calendar by the Court Clerk (6.03); law and motion matters decided without a formal hearing unless oral argument is ordered for the next regularly scheduled session (6.04); an electronic recording used as the record of oral proceedings in limited civil, misdemeanor and infraction appeals by stipulation or order (6.05); Wende briefs - the record reviewed in its entirety, counsel's brief summarizing the facts with citations to the record, the appellant advised of the right to file a brief with proof to the Court, briefing ordered on non-frivolous grounds, and no oral argument where no arguable issue is found (6.06); traffic infraction appeals heard by one (1) appellate division judge assigned on a rotating basis, on the same date and at the same time as other appellate division matters (6.07); a Notice of Appeal filed with an original and five (5) copies (6.08); the original trial court file used instead of a Clerk's Transcript (6.09); and the Presiding Judge of the Appellate Division selecting three-judge Appellate Panels, no peremptory challenges, and any challenge for cause served and filed as a motion no later than fifteen (15) days before the date initially set for Oral Argument, decided by the Presiding Judge, a designee or other judges of the Appellate Division (6.10).
A request to reduce the amount owed on a traffic ticket with proof of the lack of financial means, considered at any point but answered only after a plea of guilty or no contest; requests through the MyCitations online tool - a plea and an ability-to-pay request on eligible infractions without going to court, with a payment plan, more time to pay or community service - or on form TR-320/CR320; an additional fee of up to $100 if the date on the citation and reminder notice passes; payment plans approved for no more than $25 per month on an approved ability-to-pay request; misdemeanor and felony fines and fees not eligible; and the online tool not used to contest a citation, attend traffic school or obtain a dismissal or reduction with proof of correction.
Fines due on or before the date set by the court, a failure to pay on time possibly bringing a civil assessment penalty of up to $100; a financial re-evaluation or modification of payments on delinquent cases requested by appearing at the Revenue Recovery Division, no payment extensions granted; payment by mail (major credit card, check or money order - no cash) or in person (also cash and debit card), the case number in hand; checks and money orders payable to Kern County Superior Court with the case number written on them, a service fee for credit and debit card payments; and the clerk's drop boxes at Revenue Recovery (5555 California Avenue, Suite #100, the drive-thru lane, 24 hours/day), the Traffic Court (3131 Arrow St, 24 hours/day), the Juvenile Justice Center (2100 College Ave, the 4th floor) and the Misdemeanor Department (1415 Truxtun Ave, the 1st floor).
Juvenile dependency, delinquency and juvenile traffic matters; juvenile traffic misdemeanors handled by Traffic Court at 3131 Arrow St, the courtesy notice and citation indicating the court branch, the juvenile to appear personally with a parent or legal guardian, present photo ID and have the citation or citation number; Metropolitan Division juvenile traffic court cases heard every 1st and 3rd Wednesday afternoon of each month, arrangements made in person with the Traffic Court on receipt of the courtesy notice and no later than its due date; a juvenile's moving violation an automatic mandatory appearance, other questions or requests made in person with a parent or legal guardian; transfer-in hearings Monday through Friday at 8:00am, the dependency courtrooms J3 and J4; juvenile cases strictly confidential, no information given on the phone and identification required; and the forms and the Superior Court Clerk's Office at the Juvenile Justice Center, 2100 College Ave, 4th floor, for a request to change a court order (JV-180), a request for disclosure of a juvenile case file (JV-570) and a petition to obtain a law enforcement report (JV-575).
Probate Examiners reviewing all papers filed with the probate court for compliance with the probate code, local court rules and the court's policies, their notes identifying deficiencies before the hearing (the Probate Examiner Line); remote appearances in probate through the Remote Court Hearings page, J1-Probate under the Juvenile Justice Center, arriving 30 minutes early, and for a probate matter set in Traffic Courtroom T1 at 3131 Arrow St. by contacting the Probate Clerk's Office; venue for Probate, Guardianship, Conservatorship, Minor Compromise (where no civil case exists) and Fact of Birth, Marriage, and Death cases at the Juvenile Justice Center, 2100 College Ave; copies by mail on a written request with the case number, the date and name of the documents, contact information, the fee and a self-addressed stamped envelope - for a copy of a will, a court order for production of the will or a certified copy of the decedent's death certificate; CourtCall appearances under California Rules of Court, rule 3.670, pre-cleared at least five (5) COURT days prior to the hearing; postings for upcoming petitions for sales of property on the bulletin board outside the Probate Department; and the probate form packets and local forms.
The court's standing order of December 5, 2024 under Government Code section 68645.3(e) and California Rules of Court, rule 4.335: a new ability-to-pay determination for the same fines or penalties requested only if there has been a change in the circumstances of the petitioner/defendant after a previous determination, a clerk conducting the determination on the rule's criteria; review by a judicial officer on a written petition; and Local Rule 4.4 to be amended in the next local rules cycle.
A Courtesy Notice within a few weeks of a citation, at least 10 days before the appearance date, showing the fine or a mandatory appearance - an appearance on or before the citation's date if none is received; a misdemeanor marked mandatory requiring an appearance or a warrant for failure to appear, other citations paid, sent to traffic school if eligible, or appeared on; a walk-in appearance at the Clerk’s Office on or before the due date for a ticket originating in the Metropolitan area, at the court branch listed on the Courtesy Notice otherwise; juvenile traffic infractions of the Metropolitan Division handled by the Traffic Division at 3131 Arrow Street and heard every 1st and 3rd Wednesday afternoon, arranged in person by the notice's due date, a juvenile's moving violation an automatic mandatory appearance; Traffic Night Court for those unable to attend day court - sign-up with the Traffic Division no later than 4:00pm on the day of the session, one citation or case only, proceedings beginning at exactly 5:00 P.M. at 3131 Arrow St and generally concluded by 7:30 PM, the citation or courtesy notice brought and at least one payment in cash for a payment plan; a new non-delinquent case paid through Metro Traffic Financial Services and delinquent cases through Revenue Recovery; and proof of correction violations (VC 40610(B)) dismissed once corrected and signed off by an authorized representative, submitted with a $25.00 per correctable offense administrative fee.
Chapter IV, Rules 4.1 to 4.5: the Traffic Division responsible for all infractions, traffic and non-traffic, including moving violations and parking violation appeals (4.1); a declared intention to plead not guilty before a clerk or in writing with the full bail amount, no deposit of bail for a plea at arraignment unless ordered under California Rules of Court, rule 4.105(c)(3), and arraignment and trial set on the same date no earlier than thirty (30) days or later than forty-five (45) days from the declaration (4.2); traffic law and motion under rule 4.111, motions heard ten (10) days from filing (4.3); a determination of ability to pay online through MyCitations under rule 4.335 - the fines reduced to no more than 50% of the outstanding balance on proof of listed public benefits or a net monthly income at or below 150% of the Federal Poverty Level, a payment plan, community service or additional time, a judicial officer's determination when a clerk rejects or denies the request, and a written petition from the traffic clerk's office (4.4); and a transcript ordered as the record of oral proceedings under rule 8.916(d)(6)(B) (4.5).
The bail paid or an appearance in court on or before the due date, a defendant who wishes to appear to place themselves on calendar by 9:30 a.m. on the day, and a defendant who fails to address a citation by the due date possibly deemed to elect a trial by written declaration (Vehicle Code section 40903); the Clerk's Office open Monday - Friday 8am-4pm, the Call Center at (559) 457-1700, requests by fax, email or mail, and a drop box inside the “M” Street Courthouse; the morning arraignment calendar Monday - Wednesday at 9:30 AM, check-in at the Traffic Clerk's Office at 2317 Tuolumne Street by 9:30 a.m.; Court ACCESS locations in Orange Cove, Mendota, and Coalinga; Zoom requests at least three (3) court days before the hearing; ability to pay by letter with form TR-320/CR-320 or on MyCitations; one 90-day extension to appear or pay bail by the Clerk's Office, further extensions by a judicial officer; a written not guilty plea or a trial by written declaration with a deposit of bail (Vehicle Code sections 40519(b) and 40902; form TR-205), a trial de novo requested within 20 days (form TR-220); monthly installment plans at a minimum of $50.00/monthly; correctable violations dismissed on proof of correction and a $25.00 transaction fee per correctable violation; traffic school - no online payment, 90 days from sign-up to complete, one 90-day extension if requested before the original due date; and juvenile traffic correctable violations cleared at any Traffic counter or by mail with the $25.00 fee.
On a Failure to Appear Notice, within 25 days from the post-marked date on the mailing envelope, the bail paid or an appearance in court on or before the due date with a yellow card from the clerk on the day; ability to pay considered only on an appearance with the completed “Petition For Consideration re Ability to Pay” form (TR-105RC); payment online by credit card, by mail to the Traffic Division or in person at the “M” Street Courthouse, installment plans and traffic school by mail or in person only; a failure within 25 days deemed willful and referred to a collection agency, and possibly deemed consent to proceed as an infraction and election of a trial by declaration (VC Section 40903 and Fresno Superior Court Local Rule 3.6.2) with a waiver of rights; on a Failure to Pay Notice, within 25 days an appearance before a judge - traffic infractions at the M Street Courthouse with a yellow card, criminal cases at the Fresno Central Division - or the license may be suspended and the case referred to collections; and a case at collections - payment arrangements with the agency, a hardship letter with form TR-320/CR-320 or MyCitations, cases with GC Services through the court directly.
A court trial requested at arraignment or on local form ALP-TR-003, scheduled within 45 days of the arraignment or the form's filing unless time is waived; a trial by written declaration requested on form TR-205 with the bail amount no later than ten days before the appearance date, the full bail mailed as a check or money order (a phone or online payment received first forfeits bail and closes the case); for remote proceedings an evidence list with a copy of the evidence mailed or dropped off at the clerk's office (Monday-Friday, 8 a.m. to 4:30 p.m., closed noon to 1 p.m.) no later than seven (7) days before the hearing date - emailed evidence lists noted, only mailed submissions presented in court.
The MyCitations online tool for ability-to-pay requests on eligible infractions (a plea of guilty or no contest first; a reduction, a payment plan, more time to pay or community service; also for cases in collections; not for misdemeanor or felony fines, contesting, traffic school or proof of correction); an additional fee of up to $100 if no action by the date on the citation and courtesy notice; payment plan forms TR-300 and TR-310 discussed with a clerk and mailed no later than ten days before the initial appearance date; form TR-320 filed before the due date (with a plea of guilty or no contest) or after, including for cases in collections, decided by a judge and the decision mailed; or an appearance at arraignment or within the 30 days after a Decision and Notice of Decision from a trial by declaration in absentia, in person or by Zoom.
A courtesy notice mailed to the address on the citation (up to 4-6 weeks), every traffic defendant calendared from the citation's response date; appearance in person on the courtesy notice's date and time, or at 10:00 a.m. on the citation's date if no notice arrived; remote appearance by Zoom at no cost for all traffic matters up to and including trial, arranged by calling the Clerk's Office no later than five days before the appearance date; failure to respond deemed an election of trial by declaration in absentia (Vehicle Code section 40903), a civil assessment of up to $100.00 and referral to collections; bail forfeiture by payment online, in person or by mail before the due date; traffic school on the $52 court administrative fee paid with the fine; a one-time three-week extension granted by the clerk on a request received no later than ten days before the initial appearance date (a new Monday appearance date confirmed by a Minute Order; a further extension asked of a judge on the extended date); filings by mail or at the counter from 8 a.m. to 4 p.m. - after 4 p.m. filed the next business day - and none by e-mail or electronic filing; a request for trial by written declaration accompanied by the full bail as a check or money order (an online payment received first forfeits bail and closes the case); juvenile infractions heard confidentially before adult traffic cases, appearance mandatory with a parent or guardian, remote by Zoom on contact no later than five days before.
Chapter 6 (Rules 6.1 to 6.8.2): disposition goals consistent with Standard 2.2 of the Standards of Judicial Administration - misdemeanor cases ninety percent (90%) concluded within thirty (30) days after arraignment and one hundred percent (100%) within one hundred and twenty (120) days, felony preliminary examinations one hundred percent (100%) within ninety (90) days, felony trials one hundred percent (100%) concluded by the second trial period following arraignment on information (6.1 to 6.1(C)); the court to utilize the Alpine County and Uniform Bail Schedules when setting bail on an arrest warrant (6.2.1 to 6.2.5); arraignment completed and plea entered on the first day scheduled, persons appearing without counsel to file a Statement of Rights, and demurrers heard not later than the second week following the first appearance (6.3.1 to 6.3.3); counsel appearing at arraignment to announce counsel's name, the defendant's true name, the plea(s) and whether time is waived (6.3.4 to 6.3.4(H)); counsel may request a deferred arraignment/initial pre-trial conference on misdemeanors and infractions by letter, including facsimile, received at least one (1) court day prior to the hearing with proof of service on the District Attorney, a binding commitment by counsel to representation of the defendant (6.3.5 to 6.3.5(H)); misdemeanor scheduling - Initial Pre-Trial (IPT) generally not later than four (4) weeks after arraignment, Final Pre-Trial (FPT) generally forty-five (45) days prior to trial, Trial Readiness and Management Conference (TRMC) within fourteen (14) days of trial, and motions specially set to be heard not later than one (1) week before TRMC (6.3.6 to 6.3.6(F)); felony scheduling - Pre-Preliminary Conference (PPX) generally two (2) weeks after arraignment on complaint, Preliminary Examination (PX) generally not later than four (4) weeks after arraignment on complaint, Information arraignment generally two (2) weeks following holding order, Initial Pre-Trial (IPT) four (4) weeks after arraignment on Information, Final Pre-Trial (FPT) forty-five (45) days prior to trial, TRMC within fourteen (14) days of trial (6.3.7 to 6.3.7(I)); defendants personally present at Final Pre-trial Conferences, notwithstanding PC section 977, and no disposition negotiations after final Pre-trial Conference except pursuant to written motion and showing of good cause (6.3.8 to 6.3.9); all parties to file and serve a TRMC Statement ten (10) days prior to that conference, including motions in limine, proposed voir dire, proposed jury instructions and verdict form, a list of anticipated witnesses, a time estimate and a list and copy of all evidentiary exhibits (6.3.11); multiple cases set for the same trial period to proceed in order - no time waiver, in-custody defendants, felonies ahead of misdemeanors, then earliest filing date - trailing cases trailed day-to-day on one-half day notice, and counsel and defendants to appear at 8:30 a.m. on the first day of a scheduled trial (6.3.12 to 6.3.14); discovery reciprocal and governed by PC sections 1054-1054.7, informal requests for discovery deemed to occur at arraignment (6.4.1 to 6.4.2); PC sections 1192.5 and 1192.6 to apply also to a plea of guilty or no contest to a misdemeanor offense involving use of a weapon, the infliction of any injury, domestic violence, and/or aggravating facts, the defendant to state the terms of a conditional plea, and the District Attorney its approval, reasons and recommendation, on the record (6.5.1 to 6.5.1(D)); pleas to all felonies and to offenses with special sentence consequences accomplished by the contemporaneous filing of a fully executed relevant change of plea form, pleas pursuant to People v. West accompanied by a statement of factual basis (6.5.2 to 6.5.7); motions to continue which fail to comply with PC section 1050 disfavored (6.6.1 to 6.6.2); judgment and sentencing/probation hearings held not later than the fourth week following plea or verdict, time served in county jail satisfied by custody in El Dorado County (Placerville or South Lake Tahoe), and delayed surrender only upon a showing of good cause with a waiver pursuant to People v. Cruz, 44 Cal.3d 1247, and People v. Masloski, 25 Cal.4th 1212 (6.7.1 to 6.7.2); and any pleading of eight or more pages accompanied by an additional copy marked "Working Copy", a courtesy working copy to a visiting judge (6.8.1 to 6.8.2).
Chapter 7 (Rules 7.1 to 7.5.2): the court adopts the trial by declaration process defined in Vehicle Code ("VC") section 40902, trials by declaration processed in accordance with CRC Rule 4.210 (7.1); any person who fails to appear as provided by law may be deemed to have elected a trial by written declaration pursuant to VC section 40903 (7.2); the court takes judicial notice of all surveys lodged with the court, the certified survey produced upon request for inspection by the defendant (7.3); prior to the date on which the defendant promised to appear, the defendant may request a continuance pursuant to VC section 40506.5, the clerk authorized to grant a three (3) week continuance (7.4(1)); any request to continue a traffic trial supported by good cause and received by the court at least ten (10) days before the date of trial, no request for continuance received after that date granted unless the interests of justice require a continuance (7.4(2)); juveniles issued citations for infractions ordered to appear in court, the court to require the appearance of the juvenile and at least one parent, either appearance excused for good cause shown (7.5.1); and a defendant issued a speeding citation in which the alleged speed is more than 100 mph, the court will order the defendant to appear in court (7.5.2).
A fine reduction requested with proof of not having the financial means to pay, at any point in the process, the court answering only after a plea of guilty or no contest; the court's MyCitations online request tool (recommended) to enter a plea and make an ability to pay request on eligible infractions without going to court - a reduction, a payment plan, more time to pay or community service in lieu of paying fines and fees, also for a case currently in collections; payment plans approved for no more than $25 per month on an approved ability to pay request.
The court's local form SIE-0033 (New 04/17/2020), Request for Postponement of Traffic Court Trial - its instructions: the request filed in the appropriate branch of the Superior Court at least 15 DAYS prior to the court trial hearing date, or it may be denied; a copy served on the Opposing Party, the Declaration of Service on the reverse of the form completed, or the request will be denied; the reason the requester is unable to appear at the scheduled Traffic Court Trial, with copies of supporting documents (plane ticket, doctor's note, etc.), no continuance granted without a showing of good cause; the dates unavailable and a waiver of time for trial; the Court to consider the ex-parte application at the expiration of seven days following service by mail, as unopposed in the absence of opposition; an objection to the postponement filed with the Court within 7 DAYS from the date of service, the Court otherwise deciding without the objecting party's input and notifying the parties of the new court date if a continuance is granted, and dates unavailable for trial in the next two months given to the Court by phone or in writing; the declaration of service by mail; and the Court's order granting the request - finding Good Cause to re-set the trial more than 45 days beyond the arraignment date - or denying it.
Appendix A (sections A to L): the Appellate Division to convene at times and places designated by the Presiding Judge of the Appellate Division (A); the Presiding Judge of each participating court or their designee to act as the Appellate Division Presiding Judge, rotating every two years, commencing January 1, 2020, in the order Modoc, Sierra, Lassen, and Plumas, to oversee the processing of appeals, appoint the panel judge(s), designate the presiding judge of each panel and act upon routine matters (B); briefs bound on the top with covers in the colors of California Rules of Court, rule 8.40(a), no copies required because briefs are submitted to the appellate panel judges electronically, and briefs filed by fax filing or electronically filed not required to be bound or to have covers (C); all motions presented to the presiding judge of the Appellate Division, or to the presiding judge of the panel where a panel designation has been made (D); motions for augmentation and correction of the record, and for the addition of omitted portions, under rule 8.841, to set forth good cause and any previous motions, and to identify each paper, record, or exhibit requested (E); the sessions not reported by a court reporter unless a party so requests at least one week prior to the date set for the hearing (F); applications for a waiver of fees and costs made pursuant to rule 8.818 (G); appointed counsel for a Defendant appealing a misdemeanor conviction who was represented by appointed counsel at trial or otherwise met the criteria, applications under rule 8.851 decided by the presiding judge without a hearing, and appointments made from the list of attorneys maintained by the Appellate Division (H); electronic filings accepted during normal business hours, each document to contain the phrase “Electronically Submitted” immediately below its title, the original signed document in the filer's possession or control, its examination on a demand for production, a signature produced by electronic transmission an original, filings sent to superiorcourt@sierracourt.org with a cover sheet, and an order deeming documents received nunc pro tunc when a technical problem precludes filing (I); the presiding judge of the panel may permit appearances at oral argument by videoconference provided all the following conditions are met (J); an official electronic recording transmitted to the Appellate Division as the record of oral proceedings in a limited civil, misdemeanor or infraction case when the appellant elects a statement on appeal (K); and, except as modified, the California Rules of Court (commencing with rule 8.800 et seq.) to apply, applications presented to the designated presiding judge of the assigned panel or to the Presiding Judge of the Appellate Division (L).
Rule 7 (Rules 7.1 to 7.13): the rule adopted to comply with Rule 5.660 of the California Rules of Court (7.1); all attorneys appearing in juvenile dependency proceedings to meet the minimum standards of competence, “Competent counsel” a state bar member in good standing trained in the juvenile dependency law, attorneys to meet regularly with clients and adhere to the timelines (7.2); eight hours of education and training in juvenile dependency law or previous experience in dependency proceedings, a Certificate of Competency completed and submitted to the Court within 20 days of the attorney's first appearance, the right to practice in dependency proceedings revoked if it is not submitted within 30 days of the notice, and a caseload that allows the duties of Welfare and Institutions Code § 317(e) (7.3); the Court to only appoint counsel certified by the Court, billing forwarded to the Court with documentation for approval (7.4); minimum standards of representation (7.5); a written complaint about an appointed attorney, the Court to give the attorney 15 days from the date of the notice to respond in writing, the Court's determination final (7.6); notice to the Court that a dependent child may have an interest or right to be protected or pursued in another forum, by Judicial Council form N-180 or by declaration (7.7); the discovery provisions of California Rules of Court rule 5.546 adopted, informal pre-hearing discovery, a noticed motion for formal discovery served at least 5 judicial days before the hearing, no civil discovery without approval of a Judge of the Juvenile Court, and the social worker's narratives and case records available at least 10 calendar days before a contested hearing (7.8); jurisdictional and/or dispositional reports due at least 48 hours before the hearing, status review reports at least 10 calendar days before, proposed modifications to the petition exchanged 48 hours prior, and the names and reports of experts provided at least 10 days before the hearing (7.9); a settlement conference prior to every contested hearing, the attorneys and all parties present unless excused, a representative of Children's Services with authority to settle present (7.10); the statutory timelines - detention hearings no later than the end of the next Court Day, a jurisdiction hearing within 30 calendar days or 15 Court days if the child is detained, a disposition hearing within 10 days if detained, the six-month, twelve-month and eighteen-month review, a Notice of Intent to file a writ petition within 7 days, a writ petition and a response within 10 days, a selection hearing within 120 days and a Notice of Appeal within 60 days after the rendition of the judgment (7.11); and juveniles issued citations for infractions ordered to appear in juvenile court, the offenses defined in Penal Code§§ 19.6 and 19.8, the Juvenile Court to require the appearance of the juvenile and at least one parent, either appearance may be excused for good cause shown (7.12 to 7.13).
A person unable to pay the full fine for an infraction offense (including most traffic tickets) asking the court to reduce it on proof of inability to pay, or for community service, a payment plan or an extension of time - the court answering only after a plea of guilty or no contest; the request made through the court's online request tool or on form TR-320/CR320, Can't Afford to Pay Fine: Traffic and Other Infractions, filed with the Clerk's Office at 205 S. East Street Alturas in person or by mail; an additional fee of $300 possibly added to a delinquent case after notifications; installment payments as low as $25 per month; the clerk's office at (530) 233-6516 ext. 1213; a case in collections using the online tool, a misdemeanor case only the forms.
Court appearances mandatory on criminal misdemeanor and felony cases and on some infractions, the defendant appearing on the date and time on the release paper or arraignment letter and reporting to the Clerk's Office with identification and the jail release paperwork, notice to appear, bail or bond receipts or arraignment letter (failure to appear may result in a warrant); fines due by the date the judge specifies, paid by mail, in person or through a work program referral by the court (arranged by appearing in court), in cash, personal check, money order or credit/debit card, checks payable to Modoc Superior Court with the case number on the check - unpaid fines without a payment plan referred to the Collections Department, a warrant possible; court-appointed counsel requested of the judge at the first appearance on a financial declaration, a hearing at the end of the case on reimbursement; copies of criminal records requested in writing or at the clerk's office, not by telephone - a check to Modoc Superior Court as stated on the Statewide Civil Fee Schedule (a certified copy an extra $40.00 fee plus $0.50 per copy per page), a stamped envelope addressed to the requester, the defendant's first and last name, the case number if known and the documents wanted; the page quotes Section 1214.1(a) of the Penal Code on a civil assessment of up to three hundred dollars ($300); the Modoc County Victim Witness Advocate at (530) 233-3311.
A citation for a misdemeanor violation or one that indicates a mandatory appearance requiring an appearance at the Superior Court by 2:00 PM on the appearance date; a failure to appear or pay by the appearance date bringing one or more of a warrant, a DMV hold on or refusal to renew driving privileges, a civil assessment of $300.00 and referral to a private collection agency; driver's license, insurance, vehicle registration and mechanical violations dismissed on proof of correction (POC) with the POC fee by mail or in person by the due date - equipment violations signed off by a law enforcement officer, insurance certified by a clerk, license and registration at the DMV or the court; a courtesy notice stating the bail and the date, the traffic division at (530) 233-6516 ext. 1213 if none arrives five days before the appearance date; a not guilty plea by mail by scheduling a court trial or requesting a trial by declaration - the total bail sent five days before the appearance date, the request made by calling ext. 1213, the declaration forms mailed by the clerk and the bail held in a trust account until the case is decided; a not guilty plea in person by calling before the appearance date; a fine reduction for ability to pay through the MyCitations website.