Merced County
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Merced County Superior Court — Standing Order 2026-2 — Rules Governing Custody And Visitation Issues
Standing Order #2026-2 (effective September 14, 2026), Rule 410: Rules Governing Custody and Visitation Issues - modifying Local Rule 410's Child Custody Recommending Counseling (CCRC) appointments: all CCRC appointments for designated parties held in person at the Charles James Ogletree Jr. Courthouse unless otherwise ordered by the court, and the parties no longer contacted the day prior to the appointment for a reminder.
Merced County Superior Court Local Rules of Court (effective July 1, 2026) — Traffic Rules (Rule 17)
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))
Merced County Superior Court Local Rules of Court (effective July 1, 2026) — Probate Rules; Petition for Approval of Minor's Compromise (Rules 100 and 101)
Rules 100 and 101: the Probate Department a court of general jurisdiction under Probate Code § 800 with concurrent jurisdiction over Probate-Related Civil Matters (100); uncontested probate hearings and matters of ten (10) minutes or less set in Merced at 8:15 a.m. on Monday, Wednesday, Thursday, and Friday, hearings likely to exceed ten (10) minutes at 1:30 p.m. on a Monday or Wednesday, and Los Banos probate hearings at 8:30 a.m. Monday through Friday (100(A)); the local general and civil law and motion rules applying to probate proceedings (100(B)); no Probate Commissioner, appearances required on petitions for appointment of conservators and/or guardians, confirmations of sale and petitions with objections, and “See rule 3.1(E) for telephone appearances” (100(C)); the Judicial Council probate forms mandatory (100(D)); the moving party to submit proposed orders at least three (3) Court days before the hearing, with its date, time and department (100(E)); a written consent to serve and an Acknowledgement of Receipt of Judicial Council Form “Duties and Liabilities of Personal Representative” (Form DE – 147) before letters issue (100(F)); all persons named in a will listed, good faith efforts to locate heirs declared, the trustee of a living trust noticed, and the moving party responsible for all mailings and newspaper publications (100(G)); the last vesting deed with spousal property petitions (100(H)); a defective mailing continued and a defective publication taken off calendar (100(I)); bonds under Probate Code sections 10453 and 8481 and an insufficient bond increased on an ex parte application (100(J)); creditor's claims filed with the Clerk's office and their disposition reported on the Judicial Council “Allowance or Rejection of Creditor’s Claim” form, the claims of the personal representative or the attorney submitted to the Court for approval (100(K)); the Probate Examiner's Notes on the court's website, updates typically posted 2 days before the hearing by 3:00 pm, documents to cure a technical defect filed a minimum of 3 court days before, a non-appearance on a case recommended for approval deemed a submission on the recommendation, and parties intending to appear notifying all other parties and calling (209) 725-4240 by 4:00 pm on the court day before (100(L)); medical records submitted redacted with an unredacted copy filed confidentially or with an application to seal (100(M)); a verified petition for approval of a minor's compromise with a full disclosure of all relevant information, confidential records filed as Rule 100 directs (101(A)); the attorney's disclosures (101(B)); the person compromising the claim and the minor attending the hearing (101(C)); witnesses, including the treating physician (101(D)); and withdrawals from blocked accounts ex parte or on a hearing (101(E))
Merced County Superior Court Local Rules of Court (effective July 1, 2026) — Filing Procedures; Photographing, Recording, Broadcasting and Other Electronic Devices; Remote Appearances; Toxic, Hazardous Materials, and Firearms; Domestic Violence Protocol; Uniform Instructions for Presentation of Electronic Exhibits; Court File Retrievals and Viewing (Rules 2 to 2.6)
Rules 2 to 2.6: papers necessary to a hearing in default cases, probate matters, adoptions, compromise claims of minors and the other matters listed filed on the third court day preceding the hearing, no hearing set in a default or uncontested matter until all requisite pleadings and documents are filed, signed orders filed immediately in the clerk's office, fee waivers under California Rules of Court, rules 3.50-3.58, mandatory electronic filing in limited, unlimited, and complex civil actions and in non-DCSS family law and probate matters (self-represented parties exempt), e-filing available for subsequent filings in criminal matters, an approved electronic filing service provider, documents subject to mandatory electronic filing filed prior to midnight deemed filed that day but filed by 5 p.m. when same day service is required, signatures under rule 2.257, fee waiver applications filed electronically, the original documents that may not be filed electronically (civil bench warrants, subpoenaed documents, bonds, undertakings and original wills/codicils), sealed documents filed conventionally, and the filer responsible for redacting personal identifiers (2); photographing and recording strictly prohibited in any court or court related facility absent written order from the Presiding Judge, recording equipment and electronic devices in the courtroom only with advanced permission of the Judge, no camera operators blocking corridors, no cell phone cameras copying court documents in the Clerk's offices, ceremonial events excepted, and media requests under California Rules of Court, Rule 1.150, the clerk noticing the attorneys of record by e-mail (2.1); one remote appearance platform, Zoom, at no cost, remote appearances in contested hearings by video, no recording or re-broadcasting, remote access credentials not disclosed, in non-criminal proceedings (civil, small claims, family law, probate, juvenile justice and juvenile dependency) notice under California Rule of Court 3.672 and Civil Code of Procedure section 367.75, an in-person appearance presumed unless a remote appearance is requested, no remote appearance where the tentative ruling or probate notes require a personal appearance, trials or evidentiary hearings conducted remotely on a judicial officer's own motion, arrangements for Courtroom 7 and 13 made before the hearing, no party required to appear remotely in a juvenile dependency matter and a witness appearing remotely only with the consent of all parties, remote appearances in criminal proceedings (traffic, misdemeanor and felony) for good cause only, requested from the clerk's office at least two (2) business days in advance, and juvenile justice proceedings in person unless permitted, a minor appearing remotely on expressly waiving the right to be physically present, with notice at least two (2) business days in advance and the approval of the presiding judge of the juvenile court (2.2); a written statement before bringing toxic, hazardous or potentially hazardous materials into the courtroom, the Clerk storing such evidence pending the final determination of the action (Penal Code Section 1417.1), and no firearm handled in the courtroom unless checked by the bailiff with a gunlock attached (2.3); the domestic violence protocol under Penal Code 136.2 and California Rule of Court 5.445 - the Criminal Court inquiring about the children and other orders, a copy of the Criminal Protective Order to the victim, modification requested on local form MSC-CR-030 Request for Hearing on Protective Order Modification served at least five (5) days before the hearing, the Family, Juvenile, and Probate Courts reviewing court records for existing orders before issuing permanent CLETS Civil Restraining Orders, and specific language for the safe exchange of the children (2.4); no technical assistance from the court for electronic exhibits, static digital images submitted in both electronic and printed format, the presenting party's own equipment, local form #MSC-AD-011, Court Audio-Video Equipment Request Form two (2) court days before, and the court authorized electronic evidence formats (2.5); and the Court's public portal searched for case numbers, no retrieval fee for files viewed at the courthouse, and search fees after 10 minutes per day requested on Local Form Record/Search/Copy Requests MSC-RR-001 (2.6)
Merced County Superior Court Local Rules of Court (effective July 1, 2026) — Family Law (Rules 400 to 419)
Rules 400 to 419: family law cases managed to focus on settlement at the earliest possible date, the rules guidelines to which the Court will generally adhere (400); the matters assigned to the Family Law Division - the California Family Code (local child support agency cases included), the Uniform Divorce Recognition Act, the Uniform Child Custody Jurisdiction Act, the Uniform Parentage Act, the Domestic Violence Prevention Act, UIFSA actions, post-dissolution omitted or reserved property, consolidated non-marital property actions without a jury demand, and mediation proceedings in guardianship actions (401); family law filings accepted at the Los Banos Courthouse commencing January 2017, cases of persons living in the Los Banos area heard at the litigants' choice in Courtroom 13, short cause matters of no more than fifteen (15) minutes on Mondays, Tuesdays, Wednesdays, or Fridays at 8:30 a.m. or on Mondays, Tuesdays, Wednesdays at 1:30 p.m. in Courtroom 7 and on the second and fourth Tuesday of each month at 8:45 a.m. in Courtroom 13, long cause matters on Thursdays at 8:30 a.m. and 1:30 p.m. in Courtroom 7, case management and settlement conferences on Mondays at 11:00 a.m., trial setting conferences on Mondays, short cause domestic violence cases on Wednesdays and Thursdays at 9:30 a.m. in Department 4 or 7, and DCSS (Title IV-D) matters in Courtroom 4, Los Banos cases heard by video on the second and fourth Tuesday (402); a moving party's failure to be present at the calendar call removing the matter from the calendar, and a responding party's failure to appear (407); telephone appearances: refer to Rule 2.2 (408); child custody evaluations with a Recommended Custody and Visitation Order, an RFO for custody or visitation filed with form FL-105 and assigned a Child Custody Recommending Counseling (CCRC) date and a further hearing date unless the parties attended CCRC within six (6) months, the CCRC orientation video viewed on-line in English and Spanish, the completed CCRC Form (MSC-FL-036) with the moving papers and a blank Intake Form served, a Proof of Service filed before the CCRC appointment, CCRC appointments held via Zoom video/phone and child interviews in person unless otherwise ordered, parties contacted one (1) business day before to remind them, an agreement adopted by the Court or a recommendation with a confidential rationale available one (1) week before the further hearing, and the standard orders of local form #MSC-FL-047 (410(A)); private custody evaluations under the Order Appointing Child Custody Evaluator (FL-327), each party responsible for half of the cost unless the Court specifies otherwise, and objections within twenty (20) days (plus 5 days for mailing) (410(B)); minor's counsel under Family Code Section 3150 (410(C)); no peremptory challenge to a CCRC and a challenge for good cause on local form MSC-FL-021 (410(D)); the CCRC's ex parte requests (410(E)); complaints about a CCRC in writing to the Court Executive Officer and an appeal to the Family Court Judge (410(F)); supervised visitation providers under Standard 5.20, filing form FL-324(P) or FL- 324(NP) (410(G)); ex parte requests under rule 5.151 reviewed within 1 to 2 court days, the filing fee paid, local form MSC-FL-023 or Judicial Council Form FL-303 filed, notice given by 10:00 a.m. the day preceding, a specific declaration, and a duty to disclose a change of status quo (411); an ex parte change of custody supported by a declaration of clear, specific allegations (413); a current Income and Expense Declaration (FL-150) executed within three months, with the last three pay stubs or the other supporting documentation to verify income (415); child support orders subject to the standard orders of local form #MSC-FL-025 (416); peremptory challenges under section 170.6, a meet and confer before every hearing except matters involving domestic violence, and documents provided before the hearing (417); settlement conferences attended personally, a meeting or exchange of written settlement proposals before, and settlement conference statements filed and served at least ten (10) days before (418); and exhibit lists, witness lists, expert witness declarations and trial briefs served and filed fourteen (14) days before trial, appearances in person unless the Court approves a remote appearance under rule 3.672 (exhibits lodged two (2) court days before), and electronic evidence under Rule 2.5 (419)
Merced County Superior Court Local Rules of Court (effective July 1, 2026) — Criminal Rules (Rule 16)
Rule 16: criminal cases assigned to one Judge for all purposes, from arraignment on the complaint through trial and sentencing, the assigned judge reflected on the first paper filed (16(A)); a petition for writ of habeas corpus filed only with a complete copy (16(B)); discovery under Penal Code Sections 1054-1054.9 (16(C)); a list of CALCRIM instructions filed on the first day of trial (16(D)); the Felony Bail Schedule the Judges adopt, accessed at www.merced.courts.ca.gov (16(E)); a notice of motion under Penal Code Section 1538.5 listing the evidence, the theories and the authorities (16(F)); pretrial motions served and filed at least ten (10) court days, opposition five (5) court days and reply two (2) court days before the hearing, proof of service filed five (5) court days before, a memorandum of no more than fifteen (15) pages unless an ex-parte application to exceed it is filed two (2) days before, sanctions, and a courtesy copy to the court (16(G)); a defendant in custody suitably dressed for trial (16(H)); a subsequent motion for release on own recognizance or bail modification disclosing the prior motion (16(I)); a transcript of a sound recording served at least ten (10) court days before a felony trial and three (3) court days before a misdemeanor trial, differing versions not resolved by the parties alerted to the Judge at the trial readiness conference, certified transcripts, and the party's own technical assistance or the Court's form at least two (2) Court days before (16(J)); permission before dangerous, hazardous, large or bulky exhibits are brought into the courthouse, exhibits sealed and tagged, firearms secured by a nylon tie or trigger guard, and cash identified by denomination (16(K)); inmate pass requests on the Court's form (16(L)); no exhibit destroyed before the final determination of the action, the parties noticed not less than fifteen (15) days before a disposition, and exhibits returned to the District Attorney or to the Sheriff (16(M)); case calendar requests in person at the Clerk's office and a $75.00 fee if the defendant fails to appear on the date requested (16(N)); exhibits of more than one page numbered sequentially or Bates labeled (16(O)); and written pre-approval for court funding of an expert, investigator or other ancillary services, on a declaration stating the service, a curriculum vitae, prior approvals, the hourly rate, the total amount sought, the case's history and why the funds are reasonably necessary (16(P))
Merced County Superior Court Local Rules of Court (effective July 1, 2026) — Court Organization; Court Security; Court Attire; Sexual Harassment; Custody of Exhibits; Definitions (Rules 1 to 1.6)
Rules 1 to 1.6: the rules known and cited as the Local Rules for the Superior Court of California, County of Merced, the Presiding Judge and Assistant Presiding Judge selected by a majority secret vote for a two-year term commencing January 1st, the Presiding Judge's duties including Issuing Standing Orders, an Executive Committee of at least three (3) judges, the Court Executive Officer, and the Superior Court Commissioners with the powers of Code of Civil Procedure section 259 (1); sessions heard in two districts - the Merced District, and the West County District (the courthouse located in Los Banos, zip codes 95322, 95374, 93620, 93635 and 93665) - actions heard in the district in which they arose, and contested probate, conservatorships, guardianships, juvenile dependency, civil case management, mandatory settlement conferences, jury trials, adoptions and drug court heard only in the Merced District (1); all Juvenile Justice proceedings at the Juvenile Division in the Iris Garrett Justice Correctional Complex (JJCC) at 2840 W. Sandy Mush Road (1); courthouses open for judicial business from 8:00 a.m. until 5:00 p.m. on all court days (1); the calendars accessed at (209) 725-4100 or on the website, the parties checking the availability of a calendar before requesting that a matter be set (1); a direct calendar system, the assigned judge reflected on the first paper filed (1); court reporting services scheduled for all felony criminal proceedings and all juvenile proceedings, family law, small claims, civil, trials de novo, misdemeanors, traffic and expedited jury trials not reported, the electronic recording system the official reporting service for infractions (copies requested on Form MCS-AD-010), an official pro tempore reporter arranged and paid for by a party, a statement filed before the Case Management Conference date requesting an official court reporter, the $30 fee of Government Code section 68086 for each non-criminal proceeding lasting one hour or less, $225.00 for a half day and $450.00 for a full day, daily transcripts requested in writing at least two weeks in advance of trial, the family law reporter fees and refunds, and for parties with fee waivers limited civil proceedings electronically recorded on request and an official court reporter on request in unlimited civil and family law proceedings (1); interpreters at no cost in criminal, juvenile, domestic violence and elder abuse hearings and, within existing funding restrictions and staff availability, in family law and child support cases and family court services, with incidental use in civil courtrooms (the Limited English Proficiency (LEP) Plan) (1); a judicial day of vacation defined (1); cursory searches of all persons entering the courthouse, the right to decline a search on condition of leaving the courthouse, no firearms or other weapons in the Court buildings except for persons charged with security and on-duty peace officers, no weapon in the courtroom in a civil, family law, or probate matter, and law enforcement body-worn cameras not activated inside any courthouse facilities (1.2); no person appearing in court without a shirt, barefoot, or wearing a tank top (1.3); persons who perceive or witness sexual harassment notifying the Court Executive Officer (1.4); no exhibit taken from the clerk's office or courtroom (1.5); and the words Clerk (the Clerk of the Court or any deputy clerk) and Judicial Officer defined (1.6)
Merced County Superior Court Local Rules of Court (effective July 1, 2026) — Civil Rules; Civil Jury Trials; Civil Jury Instructions (Rules 3 to 4.1)
Rules 3 to 4.1: a party waiving the right to appear at a Law and Motion hearing by written notice of intent not to appear, the Court considering the documents filed (3.1(A)); a failure to file a Memorandum of Points and Authorities a waiver and, for the moving party, an admission that the motion is without merit (3.1(B)); attachments and exhibits under rules 3.1110 and 3.1113 (3.1(C)); no oral testimony at a law and motion hearing except by order of the Court for good cause shown (3.1(D)); tentative rulings by telephone at 209-725-4240 and on the Court's website no later than 3:00 p.m. on the Court day preceding the hearing, oral argument only if a party notifies all other parties and the Court by telephone by 4:00 p.m. on the Court day before the hearing (3.1(E)); the prevailing party preparing the order after hearing, the other party preparing it after ten (10) days (3.1(F)); civil exhibits disposed of under Code of Civil Procedure sections 1952-1952.3 (3.1(G)); the application and supporting papers for an ex parte order to the clerk for filing no later than 2:00 p.m. on the Court day preceding the hearing, heard at 1:15 p.m. each court day in the Civil Law and Motion courtroom and the Robert Falasco Justice Center in Los Banos, the forms for civil harassment, elder or dependent adult abuse, gun violence, workplace violence and school violence restraining orders (CH-100, EA-100, GV-100, WV-100, SV-100), a decision on a temporary order within 1-2 business days, and personal service on the respondent at least five (5) days before the hearing (3.1(H)); administrative records lodged in an electronic format, records of 25mb or less e-filed and larger records on USB, CD or DVD (3.2); local summary judgment rules preempted by Rules 3.1350-3.1354 of the California Rules of Court (3.3); attorney's fees upon default judgment of 20% or $400.00 whichever is greater on the first $5,000.00 of principal, 10% on the next $20,000.00, 5% on the next $25,000.00, 2% on the next $50,000.00 and 1% on principal amounts in excess of $100,000.00, increased by 10% in a foreclosure, and $400.00 in a residential unlawful detainer (3.4); a Case Management Statement (CM-110) filed no later than 15 calendar days before the conference, the parties to meet and confer no later than 30 calendar days before, the Notice of Inclusion in Delay Reduction Program/Notice of Case Management Conference served with the complaint, the conference held no later than 150 days after the filing of the initial pleading, a trial date in the twelfth (12th) month and a mandatory settlement conference in the eleventh (11th) month following the filing of the complaint, pre-trial conferences only on a declaration at the conference, a $25.00 sanction for a late statement, and cases assigned to one courtroom for all purposes (3.5); settlement conferences set at the Case Management Conference, not photographed or recorded except by court order, attended personally by trial counsel, parties and persons with full authority to settle (an insurer without claims offices within California immediately available by telephone), statements on Local Form MSC-CV-051 filed and served at least five (5) court days before ($100.00 sanction), sanctions for a failure to appear, immediate written notice of a settlement and a request for dismissal within forty-five (45) days (3.6); complaints about court-program mediators under rule 3.868 - inquiries and written complaints to the complaint coordinator, a preliminary review, an investigator or complaint committee appointed by the Presiding Judge, and the Presiding Judge's decision within thirty days (30) (3.7); a notice of stay filed with the order showing the stay (3.8); jury fees deposited under Code of Civil Procedure section 631, a failure to deposit a waiver of trial by jury, not less than $125.00 per panel meal advanced, no jury trials in the week of the Thanksgiving or Christmas holiday, motions in limine on collateral source, insurance coverage and offers to settle deemed granted, other motions in limine filed and served by 4:00 p.m. six (6) Court days before the trial call and opposition three (3) Court days before, numbered in the form prescribed, and expedited jury trials under section 630.01 (4); and instructions promulgated by the California Judicial Council, requested instructions served and delivered at the commencement of trial, one instruction per page with a five-inch margin at the top, in standard CACI format (4.1)
Merced County Superior Court Local Rules of Court (effective July 1, 2026) — Appellate Division; Electronic Recording on Appeal (Rules 500 and 500.1)
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))
Merced County Superior Court Local Rules of Court (effective July 1, 2026) — Access to Juvenile Court Records; Court Appointed Special Advocates Program; Court Appointed Special Advocates; Filing and Distribution of CASA Court Reports; Representation in Juvenile Proceedings (Rules 200 to 202)
Rules 200 to 202: no juvenile case file obtained by civil or criminal subpoena, persons entitled to inspect a file without a court order presenting identification and file mandatory local form MSC-JV-002 Declaration for Access to Juvenile Case File, others petitioning on form JV-570 (an intentional violation of section 827 punishable by a fine of up to $500.00), delinquency records available for public inspection where a petition was sustained for an offense listed in section 676(a), petitions to prohibit disclosure, JV-570 and JV-575 filed where the records are maintained, and court reporter's transcripts requested on mandatory local form MSC-JV-001 (200); CASA volunteers appointed on behalf of children only in dependency proceedings and their functions, a CASA appointed to serve as guardian ad litem under section 326.5 when a child would not benefit from the appointment of counsel (201); a CASA an officer of the Court, sworn in by a Superior Court Judge before beginning their duties, the duties delineated in the order of appointment, no appeal from the Court's decision to appoint or remove a CASA, cases referred to the CASA program and the criteria for referral, a CASA a mandated child abuse reporter, the CASA's right to timely notice and to appear, calendar priority, and confidential records and personnel files (201.1); CASA reports filed and served at least ten (10) calendar days before each of the following hearings - continued dispositional hearings and the review, permanency, and selection and implementation hearings - five (5) calendar days before special hearings and two (2) Court days before a jurisdictional hearing, copies only to parties and their counsel, copied and distributed by CASA of Merced County staff (201.2); and children in dependency matters represented by the court's contracted counsel, minors in juvenile justice proceedings referred to the Merced County Public Defender's Office or contracted conflict counsel, and parents represented by Dependency Administration of Merced County, LLC (DAMC), the minimum training - eight (8) hours of dependency training or six (6) months of experience, and 12 hours of juvenile justice training in the most recent 12-month period or 50 percent of a practice - children four (4) years of age or older interviewed in person, a declaration of eligibility filed and approved before March 31 of each calendar year (Judicial Council form JV-700 in juvenile justice, local form MSC-JV-010 in dependency), and complaints about appointed counsel made orally or in writing (202)
Merced County Superior Court — Standing Order 2026-01 — Court Appointed Special Advocates Program
Standing Order #2026-01 (effective March 16, 2026), the Court Appointed Special Advocates Program in juvenile justice: CASA volunteers appointed on behalf of children only in juvenile proceedings and, under Welfare and Institutions Code Sections 600 et seq., for a youth declared as a ward; a CASA an officer of the Court, sworn in before beginning their duties; the specific duties - an independent review, case conferences and team meetings, records reviewed at the Probation Office, contact with the youth at least twice a month, coordination with the Probation Placement Officer, transport of out of custody youth as approved by Probation, a written report to the CASA Advocate Coordinator at least fifteen (15) days before a hearing (filed with the Court at least ten (10) days before), copies to Probation, and immediate mandated reports of suspected abuse; no appeal from the Court's decision to appoint or remove a CASA; the Order of Appointment and its distribution; the priorities for case referral; notice, the right to appear and calendar priority; confidential records (petitions under section 827 on Form JV-570); and CASA reports filed and served at least ten (10) calendar days before hearings and five (5) calendar days before special hearings, copies only to parties and their counsel.
Merced County Superior Court — Standing Order 2025-01 — Electronic Service of Documents by the Court
Standing Order #2025-01 (effective March 3, 2025): electronic service of documents by the court under Code of Civil Procedure section 1010.6(d) (as amended effective July 1, 2024) - each represented party furnishing its E-Service address on first electronically filing any paper (California Rules of Court, Rule 2.251(c)), one E-Service address per party in each case, deemed proper for service; a changed address filed by a notice of change of E-Service address or Judicial Council Form EFS O10 and served on all other parties or their attorneys; and an E-Service address presumed valid while the party files from it and has not given notice that it is no longer valid.
Merced County Superior Court — Standing Order 2024-02 — Setting Aside Certain Outstanding Civil Assessment Debts Imposed For Failure To Appear or Failure To Pay
Standing Order #2024-02 (effective May 21, 2024): after Assembly Bill 199 (the $100 maximum civil assessment from July 1, 2022, under Penal Code section 1214.1), all outstanding debt from civil assessments imposed between July 1, 2022, and June 30, 2023, abolished - judicial discretion to impose civil assessments remaining, subject to ongoing statutory authority.
Merced County Superior Court — Standing Order 2024-01 — Discontinuing the Imposition of Civil Assessments Upon Failure to Appear or Failure to Pay
Standing Order #2024-01 (effective March 21, 2024): Assembly Bill 199 reduced the maximum civil assessment from $300 to $100 effective July 1, 2022 and abolished outstanding civil assessment debt as of June 30, 2022; the court imposed civil assessments of $100 from July 1, 2022 under Penal Code § 1214.1 and discontinued imposing them, in each eligible case of a failure to appear or failure to pay, effective July 1, 2023 - judicial discretion to impose a civil assessment remaining, subject to ongoing statutory authority.
Merced County Superior Court — Standing Order 2023-01 — Request for Destruction, Disposition, or return of Seized Property
Standing Order #2023-01 (effective May 2, 2023): requests from law enforcement for destruction, disposition, or return of seized property - an application, supporting evidence (usually a sworn declaration) and a standalone proposed order with a line where the Criminal Presiding Judge can sign, captioned as the order prescribes (a request for a specific Superior Court case filed in that case), exhibits referencing the evidence with numbered lines and a list of the property attached to the proposed order; the code section or other legal authority for the disposition of each piece of property; declarations specific and complying with CCP § 2015.5, with a Superior Court case number for each item associated with an adjudicated case and, for items seized under a search warrant, the warrant number and a copy of the warrant; and the exact proposed disposition of each item, and to whom items will be returned.
Merced County Superior Court — Standing Order 2022-08 — Juvenile Competency Protocol WIC § 709
Standing Order #2022-08 (effective November 15, 2022; a revision of Standing Order #2022-04 dated July 1, 2022): the Merced County Juvenile Court adopts the Merced County Juvenile Competency Protocol under Welfare and Institutions Code § 709, all parties, attorneys, agencies and organizations appearing before it complying (the statutory or rule provisions controlling in a conflict). The protocol: informal resolution encouraged in cases of relatively non-serious alleged conduct; on substantial evidence of a doubt as to the minor's competence, proceedings suspended and an expert psychologist or psychiatrist appointed (the panel of experts reviewed annually by January 31st; Attachment A, the letter to the expert); a Competency Determination Hearing generally within 15 court days for in-custody matters or 30 court days for out-of-custody matters; the minor's counsel providing documents to the expert within 10 court days (in custody) or 20 calendar days (out of custody) and the District Attorney within ten court days; the expert's report no less than two court days before the hearing and the court's copies no less than one court day before; a referral to the Central Valley Regional Center when the expert finds the minor developmentally disabled (a court date for its report within 45 to 60 days); a finding of incompetence by a preponderance of the evidence, a capacity determination for a minor under 14 years old, and dismissal of a petition containing only misdemeanor offenses; competency attainment services through the Department of Behavioral Health or the Merced County Probation Department, a Competency Attainment Plan Hearing, and reviews at least every 30 calendar days for minors in custody and every 45 calendar days out of custody; reevaluation and a Competency Attainment Hearing within 30 court days (in custody) or 45 court days (out of custody), within six months of the initial receipt of a recommendation, the total remediation period not exceeding one year; secure confinement not exceeding six (6) months from the finding of incompetence unless the court determines otherwise (up to 18 months for an offense described in WIC 707(b)); and statements made during the evaluation or the remediation not used against the minor.
Merced County Superior Court — Standing Order 2022-07 — Authorized Rate for Community Service Hours
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).
Merced County Superior Court — Standing Order 2022-06 — Procedures for Traffic Matters
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.
Merced County Superior Court — Standing Order 2022-02 — Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
Standing Order 2022-02 (effective January 1, 2022; a revision of Standing Order 2018-07): the court reaffirms the fees of the Uniform Civil Filing Fees and Standard Fee Schedule Act of 2005 (Assembly Bill 145) and revises its additional fees to actual cost - daily jury fees based on actual cost, a court reporter per diem fee of $ 225 for a half day and $ 450 for a full day (the same for an extra court reporter), a child adoption assessment of $ 700, guardianship and conservatorship investigations of $ 450, $ 45 for a returned NSF check, $ 25 for a partial payment and for collecting a fee previously waived, packets at actual cost, $ 50 for handling funds held in trust ($5,000 minimum), $ 15 for a certificate of facts regarding an unsatisfied judgment, $ 150 for a petition for change of plea, and $ 75 for each bail bond fee (extending time or setting aside, and resuming liability).
Merced County Superior Court — General Order of the Presiding Judge in re: Photography, Filming, Recording, and Broadcasting (June 14, 2021)
A general order of the Presiding Judge dated 06/14/2021, made under California Rules of Court, rule 10.603 and rule 1.150: absent prior written authorization of the Presiding Judge or their designee, no photographing, recording, or broadcasting by the media, attorneys, parties, or members of the public within any courthouse or court facility (courtrooms, jury assembly rooms, entrances and exits, lobby areas, hallways, stairs, elevators and business offices), except media as permitted within a courtroom by a judicial officer under rule 1.150 and areas designated as media areas, and photography from outside that does not obstruct access; recording devices turned off while transported; no recording of the interior through the windows or doors; jurors never recorded within a courthouse, judicial officers not without a court order and court employees not at all, consenting jurors and spectators only outside unless otherwise permitted by court order; cell phones and other camera-enabled devices allowed as long as the image capturing features are not activated, used, or displayed without prior written authorization; requests for any other exception, and to photograph or film unoccupied courtrooms, jury rooms or employee work areas, made in writing to the Court Executive Officer with a statement of facts; the order posted at each public entrance and on the Court's webpage, the Sheriff of Merced County serving it on apparent violators; and the penalties - termination of media coverage, contempt, confiscation of recording equipment, sanctions, and imprisonment in the county jail for up to six months or a fine of up to $1,000 under Penal Code section 166(a)(4).
Merced County Superior Court — Standing Order 2021-03 — Authorized Rates for Court-Ordered Services
Standing Order 2021-03 (effective May 5, 2021; incorporating Standing Orders 2015-04 and 2018-06), the authorized rates for court-ordered and court-appointed services: criminal court-appointed attorneys (Pen. Code § 987.2) $125 per hour; investigators $ 45 per hour; experts not to exceed $200 per hour; psychological/psychiatric exams $600 per exam; psychologist/psychiatrist exams under Pen. Code §§ 1016(6), 1017, 1026 and 1027 as ordered by the Judicial Officer; juvenile delinquency representation $125 per hour; juvenile dependency representation $100 per hour; minor's counsel $125 per hour; travel at the IRS Standard Mileage Reimbursement Rate; additional expenses by order of the Court; and claims submitted under the applicable Merced County resolution, Superior Court policy, or order of the Court.
Merced County Superior Court — Standing Order 2020-07 — Jail Pass Requests
Standing Order 2020-07 (effective August 10, 2020), jail pass requests: in response to the COVID-19 pandemic, the Merced Superior Court Judicial Officers no longer approve jail passes during the pandemic and for 90 days after the State of Emergency has been lifted, at minimum, the Court responding to each request that it has “no objection if the Sheriff approves the request.”
Merced County Superior Court — Standing Order 2020-02 — Limitations on Media Coverage
Standing Order 2020-02 (effective January 13, 2020), limitations on media coverage: when a media request is granted, unless a written judicial order permits an exception, no photographing or video coverage of a courtroom's interior through glass door windows, of any part of a court facility (lobby areas, hallways, stairs and elevators), of anyone wearing a juror badge, or of judicial officers, court staff and jurors; every proposed order (MC-510) submitted with a media request (MC-500) placing personnel and equipment in the back of the courtroom and permitting only still photography and video coverage of counsel and defendant; the procedures of the California Rules of Court, rule 1.150 unchanged.
Merced County Superior Court — Standing Order 2020-01 — Merced County Sheriff Designated as the Court Security Officer
Standing Order 2020-01 (effective January 13, 2020; an amendment to Standing Order 2007-04-01): the Merced County Sheriff designated as the Court Security Officer; all persons except current judicial officers of the Merced Superior Court submitting to weapons screening by metal detection and x-ray equipment, all ammunition confiscated (a Class 1 hazardous material/explosive); no firearm, knife, teargas, taser, stun gun or similar device (Penal Code sections 171b and 244.5) possessed in courthouse facilities except by persons charged with security and on-duty peace officers, and no weapon in the courtroom when appearing as a party in a civil or probate matter or attending any family law matter; peace officers entering chambers, making arrests within the court facilities and taking custody of prisoners only with the permission the order requires; signs posted at each screening facility; and disobedience punishable as a contempt of court.
Merced County Superior Court — Standing Order 2019-03 — Protocol for WIC § 602/300 Hearings
Standing Order 2019-03 (effective October 29, 2019; an amendment to Standing Order 2009-01), the protocol for section 602/300 hearings: on a minor's detention under section 602, the Juvenile Probation Department asks the Human Services Agency (HSA) whether the minor is a dependent under section 300; if so, the Juvenile Delinquency Court suspends the proceedings and sets a section 241.1 protocol hearing on the W&I § 300 Dependency calendar within 10 days if the minor is in custody and within 15 days if not; the Dependency Clerk notices the parents, guardians, their attorneys, minor's counsel, the District Attorney's juvenile office, the Public Defender's Office if applicable, the Probation Department, and the Human Service Agency; and the Juvenile Probation Department provides the noticed parties the 241.1 report with the police reports.