Loading…
Chapter 1 (Rules 1.1 to 1.2.9): these rules known and cited as the “The Superior Court of Fresno County, Local Rules.” (1.1.1); construed to secure the efficient administration of the business of the court, these rules to govern all proceedings in the court, supplementary and subject to California statutes, the California Rules of Court and other rules adopted by the Judicial Council (1.1.3); the definitions - “business day” days excluding weekends and Court holidays, “meet and confer” a telephone conference or, whenever reasonably possible, a face-to-face meeting, not satisfied by an exchange of letters, and a “short cause case” one in which the time estimated for trial is five (5) hours or less (1.1.4); the failure of any party to comply with these rules, unless good cause is shown, may be punishable by contempt, with reasonable expenses and counsel fees and any other sanctions authorized by law, and the appearance of a party in pro per does not excuse compliance (1.1.6); security in courtrooms maintained by the Sheriff of the County of Fresno (1.1.7); no person to appear in court without a shirt, or barefoot, or wearing a tank top (1.1.8); papers typewritten or legibly printed, the Clerk not to accept papers not in compliance (1.1.10); personal checks drawn on a banking institution located in California, the exact amount of the fee, fine or bail, no two-party checks, and coinage of more than $50.00 counted and rolled (1.1.11); no papers, exhibits, or evidence taken from the Clerk's Office except by order of the court or in response to a subpoena duces tecum, and signed orders filed immediately (1.1.12); papers not subject to mandatory electronic filing submitted at the Clerk's Office during normal business hours, acceptance deemed to occur on the date submitted or, if submitted after normal business hours, on the next Court day (1.1.14); notices of appeal not accepted for filing in any individual courtroom (1.1.15); a “returned check hold” placed on all accounts and cases of the person whose check is returned, to remove it the party to pay in cash or with certified funds the original check amount plus a returned check fee (1.1.16); no photographing, recording, broadcasting, or activating any camera, microphone, recorder or broadcasting device in Court or in any courthouse except as permitted by California Rules of Court, rule 1.150, by a judge's order or permission, or in a designated media area, devices silenced before entering a courtroom, and a violation subject to seizure of the device, monetary sanctions, contempt or arrest (1.1.17); court reporters provided for the designated family law departments but not routinely for the unlimited civil, limited civil, probate (except mental health cases) or family support departments, a party who wishes to provide its own official court reporter to file a statement before the hearing, and a party with a fee waiver to request an official court reporter on the mandatory “Request for Presence of a Court Reporter” form at the time the hearing is set (1.1.18); remote appearances under Code of Civil Procedure section 367.75 and California Rules of Court, rule 3.672 - a remote court appearance a court appearance, by Zoom, CourtCall or telephonic appearance, the judicial officer's discretion to require an in-person appearance, the requirements and deadlines listed on the Court's website, Civil and Family Law requests to include a proposed order (Judicial Council Form RA-020), and any recording or re-broadcasting of a remote proceeding strictly prohibited (1.1.19); and the court's organization - the Presiding Judge elected by a majority of all judges by secret ballot to a two-year term, the Assistant Presiding Judge selected by the Presiding Judge, the judges' meetings, an Executive Committee of seven (7) judges, the Court Executive Officer as Clerk, and as Jury Commissioners, Court Commissioners selected by the Executive Committee, and a judicial vacation day (1.2 to 1.2.9).
CHAPTER 1. ADMINISTRATIVE RULES RULE 1.1 GENERAL 1.1.1 Citation of Rule These rules shall be known and cited as the “The Superior Court of Fresno County, Local Rules.” (Effective January 1, 2008, Rule 1.1.1 renumbered effective January 1, 2006; adopted as Rule 1.1 effective July 1, 1999) 1.1.2 Effective Date of Rules Repealed. (Effective January 1, 2009, Rule 1.1.2 renumbered effective January 1,
Reviewer note: Composed 2026-10-14 (California T4 Fresno build 2026-10-14) from BenchPath custody ca/t4/ca-fresno/docs/local-rules/july-2026-master-printing-document.pdf (the court's rule book, its cover “LOCAL RULES FOR THE SUPERIOR COURT OF CALIFORNIA COUNTY OF FRESNO July 1, 2026 Publication”, as fetched 2026-10-14; 4584754 bytes, sha256 51525184531d88ffbf21b6b2decfa0c7616c04af7f0b0832eb7bd75d0552fb65; 260 pages; this part PDF pages 19 to 36, printed pages 1-1 to 1-18) with the shared verbatim composer (v2 reflow): the rules and Appendix A1 (PDF pages 19 to 219) composed as one text and cut at the chapter headings (“CHAPTER 1. ADMINISTRATIVE RULES” to “CHAPTER 7. PROBATE RULES”) and, in Chapters 2, 5, 6 and 7, at rule headings (“RULE 2.5 MANDATORY SETTLEMENT CONFERENCE”, “RULE 2.11”, “RULE 5.5”, “RULE 5.9”, “RULE 6.3”, “RULE 6.5”, “RULE 6.8”, “RULE 7.15”) and at “APPENDIX A: CIVIL”, each matched once as a whole line; every page's running header (“FRESNO COUNTY SUPERIOR COURT”) and its footer - the chapter's name (“Administrative Rules” to “Probate Rules”, “Appendix”) and the printed page number (“1-1”, “A-1”) - named and removed as chrome, with the mark “THIS PAGE INTENTIONALLY LEFT BLANK.” of five blank pages (PDF 36, 68, 86, 140 and 194) - 608 chrome lines; lines reflowed into the rules' paragraphs, each rule's heading, sub-rule number, lettered or numbered subdivision and history line starting a line; the section number “300” printed alone at the top of PDF page 160 (in Rule 6.3.7's heading) kept by the composer's top-band option; the strike report (review/strike-report-2026-10-14.txt) finds one struck run, of spaces only, on PDF page 185 - no struck character; 49 whitespace-only fixes (build/book-fixes.json: 36 line breaks the reflow or a page break left inside a sentence or a rule reference, rejoined; 9 runs of printed lines or table rows the reflow ran together, split - among them Rule 7.9's newspapers and the first rows of Appendix A1's schedule; 4 form numbers the line ends broke, closed up - “MC-355”, “RA-010”, “JV-505” and “TR1-55”); the vertical-gap, short-line, page-break, false-break and structural-break audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; the book's own text kept as printed (“form TR1-55”, “8.60 through 8.880”, Rule 6.7.2's subdivisions A, C and D); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover and its back (PDF pages 1 and 2), the table of contents and list of effective rules (3 to 18), the index (229 to 238) and the templates and forms listing (239 to 260) belong to no card; Appendices B1 to F1 (220 to 228) are decided in the document catalog. Review note: Rule 1.1.19(C)(5) has “All Civil and Family Law requests must include a proposed order (Judicial Council Form RA-020).”; Rule 4.1.2(D)(7) (carded with Chapter 4; effective July 1, 2026) has “A proposed Order Regarding Remote Appearance (form RA-020) is not required to be filed.” The Civil Division and Remote Appearance Information pages (carded) no longer require the RA-020 for hearings unrelated to trials from July 1, 2026, and keep it for trial-related hearings; the Family Law Remote Appearance Procedural Requirements page (carded) lists forms RA-010 and RA-020 for evidentiary and non-evidentiary hearings. The review task asks the court which governs.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > Fifth Appellate District > Fresno County > Superior Court of California, County of Fresno
CHAPTER 1. ADMINISTRATIVE RULES RULE 1.1 GENERAL 1.1.1 Citation of Rule These rules shall be known and cited as the “The Superior Court of Fresno County, Local Rules.” (Effective January 1, 2008, Rule 1.1.1 renumbered effective January 1, 2006; adopted as Rule 1.1 effective July 1, 1999) 1.1.2 Effective Date of Rules Repealed. (Effective January 1, 2009, Rule 1.1.2 renumbered effective January 1, 2006; adopted as Rule 1.2 effective January 1, 1997) 1.1.3 Construction, Scope and Effect of Rules A. These rules shall be construed to secure the efficient administration of the business of the court and to promote and facilitate the administration of justice by the court. B. These rules shall govern all proceedings in the court. C. These rules are supplementary and subject to, and at all times shall be construed and applied so as to be compatible with California statutes, the California Rules of Court and other rules adopted by the Judicial Council of California. When a specific California Rule of Court or code section designated in these rules is amended or renumbered, the successor Rule of Court or code section shall be applicable. (Rule 1.1.3 renumbered effective January 1, 2006; adopted as Rule 1.3 effective January 1, 1999) 1.1.4 Definitions The definitions set forth in the California Rules of Court, or any other rules adopted by the Judicial Council, shall apply with equal force and for all purposes to these rules, unless the context or subject matter herein otherwise requires. Alternative Dispute Resolution: “Alternative Dispute Resolution” or “ADR” means a process, other than formal litigation, in which a neutral person or persons resolve a dispute or assist parties in resolving their dispute. Examples include mediation, arbitration, neutral evaluation, and mini-trial. Business Day or Days: The words “business day” or “business days” shall mean days, excluding weekends and Court holidays, when used for the purposes of counting time. Clerk: The word “Clerk” means the Clerk of the court and any deputy clerks. Complex Litigation: The words “complex litigation” mean cases that meet the definition of “complex case” found in Rule 3.400 of the California Rules of Court. Court: The word “court” means the Superior Court of California, County of Fresno, and includes and applies to any duly appointed or elected judge, to any duly appointed commissioner or referee, to any judge or retired judge who has been assigned by the Chairperson of the Judicial Council to serve, and is serving, as a judge of the court, and to any attorney who is a member of the State Bar of California designated by the Presiding Judge or any other judge as a temporary judge, while the attorney is serving as a judge. Court Day: A day the Court is open to the public and court is in session. Court’s Website: The court’s website is http://www.fresno.courts.ca.gov. Department: The word “department” means either a numbered courtroom or an administrative unit of a division. General Civil Case: The words “general civil case” mean a limited or unlimited civil case, except probate, guardianship, conservatorship, family law, juvenile proceeding, other civil petition, complex litigation, unlawful detainer, and small claims cases. Judgment: The word “Judgment” includes and applies to any judgment and to any other order or decree from which an appeal lies. Judicial Council Rules: The words “Judicial Council Rules” mean any rules heretofore or hereafter adopted by the Judicial Council of the State of California for superior courts. Judicial Officer: The words “judicial officer” mean any duly appointed or elected judge of the court, any duly appointed commissioner or referee, any judge or retired judge assigned by the Chairperson of the Judicial Council to serve as a judge of the court, and any attorney designated to serve as a temporary judge, while so serving. Limited Civil Cases: The words “limited civil cases,” mean limited civil cases as defined in Code of Civil Procedure § 86. Meet and Confer: The words “meet and confer” mean a telephone conference between opposing parties or, whenever reasonably possible, a face-to-face meeting. A meet and confer obligation is not satisfied by an exchange of letters. Paper: The word “paper” includes all pleadings, notices and other documents. Party: Unless otherwise indicated, “party” means the party litigant, but if the litigant is represented by an attorney, then “party” means the attorney. Person: The word “person” shall include and apply to corporations, partnerships, proprietorships, associations and all other entities, as well as natural persons. Plaintiff: The word “plaintiff” means a plaintiff or petitioner; it also means cross-complainant in those cases where the plaintiff is no longer an active party. Presiding Judge: The words “Presiding Judge” mean the elected Presiding Judge of the court, or the Presiding Judge’s designee, unless a case has been filed in, or assigned to, a division other than the Central Division, in which event the words “Presiding Judge” mean the judge of that division. Short Cause Case: The words “short cause case” mean any case in which the time estimated for trial by all parties is five (5) hours or less. Unlimited Civil Case: The words “unlimited civil case” mean a civil action or proceeding other than a limited civil case. (Effective January 1, 2016; Rule 1.1.4 renumbered effective January 1, 2006; adopted as Rule 1.4 effective January 1, 2005) 1.1.5 Amendment, Addition or Repeal of Rules Subject to the California Rules of Court, these rules may be amended or repealed, and new rules may be added, by a majority vote of the judges of the court. Written notice of the exact wording of the proposed amendment, addition or repeal shall be given to all of the judges prior to taking a vote. Written notice may be waived by a majority of the judges, if the Presiding Judge declares the proposed amendment, addition, or repeal to be an urgency measure. (Rule 1.1.5 renumbered effective January 1, 2006; adopted as Rule 1.5 effective January 1, 1999) 1.1.6 Failure to Comply with Rules A. The failure of any party to comply with these rules, unless good cause is shown, or the failure of any party to participate in good faith in any hearing or conference required by these rules, is an unlawful interference with the proceedings of the court and may be punishable by contempt. The court may order the party at fault to pay the opposing party’s reasonable expenses and counsel fees, to reimburse or make payment to the county, may order an appropriate change in the calendar status of the case and impose any other sanctions authorized by law. The appearance of a party in pro per does not excuse compliance with these rules. B. The fact that the court does not strictly enforce some provision or requirement of these rules on some occasion should not be construed as an indication that the court cannot or will not strictly enforce that provision or requirement on other occasions. (Rule 1.1.6 renumbered effective January 1, 2006; adopted as Rule 1.6 effective July 1, 2000) 1.1.7 Court Security Security in courtrooms shall be maintained by the Sheriff of the County of Fresno, unless otherwise ordered by the Presiding Judge. (Rule 1.1.7 renumbered effective January 1, 2006; adopted as Rule 1.7 effective January 1, 1997) 1.1.8 Court Attire No person shall appear in court without a shirt, or barefoot, or wearing a tank top. Bailiffs of the court are to remove any person violating this rule. This rule does not limit any judge from prescribing appropriate attire in the courtroom. (Rule 1.1.8 renumbered effective January 1, 2006; adopted as Rule 1.8 effective January 1, 1997) 1.1.9 Appearance for Another Attorney An attorney who appears for another attorney is representing the party then before the court. As provided by the California Rules of Professional Conduct such attorney is required to do so competently, and is expected to be prepared to carry out and perform any duties required by the court, to have authority to make appropriate dispositions or calendar settings and to communicate any orders the court may issue to the attorney of record. (Rule 1.1.9 renumbered effective January 1, 2006; adopted as Rule 1.9 effective January 1, 1997) 1.1.10 Filing and Format of Documents All papers shall conform to these rules and the California Rules of Court, and shall be typewritten or legibly printed. The Clerk will not accept for filing any papers not in compliance unless otherwise ordered by the Court. (Effective July 1, 2020; Rule 1.1.10 renumbered effective January 1, 2006; adopted as Rule 1.10 effective January 1, 1997) 1.1.11 Forms of Payment A. A personal check, bank cashier’s check or draft, money order or traveler’s check offered in payment of any fee, fine or bail deposit may be accepted by the Clerk as provided herein. B. Personal checks shall be drawn on a banking institution located in California. Cashier’s checks or money orders may be drawn on an issuing institution located in the United States. C. The amount shall be the exact amount of the fee, fine or bail; change will not be given. The date on the check must not be over one month previous to the date presented; post-dated checks are not acceptable. The original payee must be the Fresno County Superior Court or other similar designee. Two-party checks are not acceptable. The numeric figures must agree with the amount written in words. The sum must be in U.S. currency. D. Any check or money order which appears irregular on its face may be refused. Personal checks from persons known to have previously tendered dishonored checks may be refused. Checks returned to the court are subject to the applicable fees established by the Fresno County Superior Court. E. Coinage of more than $50.00 shall be counted and rolled. (Effective July 1, 2011; Rule 1.1.11 renumbered effective January 1, 2006; adopted as Rule 1.11 effective July 1, 2001) 1.1.12 Custody of Court Files and Signed Orders A. No papers, exhibits, or evidence on file with the Clerk in any civil or criminal case shall be taken from the Clerk’s Office, except by order of the court or in response to a subpoena duces tecum. B. Orders signed by a judge must be filed immediately in the Clerk’s Office. An unfiled signed order shall not be taken from the courthouse. (Rule 1.1.12 renumbered effective January 1, 2006; adopted as Rule 1.12 effective January 1, 1997) 1.1.13 Attorney’s Duty to Comply with Calendar An attorney shall not accept representation of a client if the attorney does not have sufficient time to adequately prepare before the next scheduled court appearance, and shall comply with all applicable case disposition standards unless otherwise ordered by the court. (Rule 1.1.13 renumbered effective January 1, 2006; adopted as Rule 1.13 effective January 1, 1997) 1.1.14 Filing and Acceptance of Papers Not Subject to Mandatory Electronic Filing All papers not subject to mandatory electronic filing are to be submitted for filing at the Clerk’s Office during normal business hours, excluding court holidays, as posted on the court’s website, www.fresno.courts.ca.gov. Acceptance of papers for filing with the Court shall be deemed to occur: 1. On the date the papers were submitted to the Clerk’s Office for filing if the submission occurred during normal business hours of the Clerk’s Office; and, 2. On the next Court day the Clerk’s Office is open for business if the submission occurred after normal business hours of the Clerk’s Office. To be deemed submitted during the normal business hours of the Clerk’s Office the person submitting the papers for filing must have gained entry to the Clerk’s Office during normal business hours. In the event that the submission or entry to the Clerk’s Office occurred after normal business hours the filing will occur on the next Court day. Nothing in this section shall limit the clerk’s ability to reject filings. Any exceptions to these rules can be effected by posting of a policy allowing filing through a drop-box. (Effective July 1, 2020; adopted as Rule 1.1.14 effective January 1, 2009) 1.1.15 Filing Notices of Appeal Notices of Appeal must be filed in accordance with Rule 1.1.14 or 4.1.13, as applicable. They will not be accepted for filing in any individual courtroom. (Effective January 1, 2023; adopted as Rule 1.1.15 effective July 1, 2010) 1.1.16 Returned Checks Notification will be mailed if a check is returned for any reason (e.g., insufficient funds, stop payment or account closed). A “returned check hold” will be placed on all accounts and cases of the person whose check is returned, which will block the ability to pay any fees and/or fines by check and may result in the striking of court filings. To remove the hold on the accounts and cases, the party must pay in cash or with certified funds the original check amount plus a returned check fee that is set by the Court. Once the hold is removed the person may again pay the fees and/or fines by check. (Effective July 1, 2011; adopted as Rule 1.1.15 (now 1.1.16) effective January 1, 2010) 1.1.17 Use of Recording Devices A. This rule is for the protection of the public, all parties, and court personnel, and to facilitate the fair and orderly resolution of cases. This rule is subject to modification based upon specific circumstances and the discretion of an individual judicial officer in that judicial officer's courtroom, the supervising judge of a division, or the Assistant Presiding Judge in the event of the unavailability of the Presiding Judge. B. No one may engage in photographing, recording, broadcasting, or activating any camera, microphone, recorder or broadcasting device while in Court, or in any courthouse, except: 1. Authorized court and court security personnel; 2. As permitted by California Rules of Court, rule 1.150, or by this rule; 3. In a courtroom where the judge has issued an order allowing media coverage under California Rules of Court, rule 1.150, or expressly granted permission, under California Rules of Court, rule 1.150(d) or otherwise, to photograph, record, and/or broadcast; 4. Outside the Court, if it is: i) in a designated media area, or ii) with prior written permission from the Presiding Judge, Assistant Presiding Judge or supervising judge. Designated media areas are described and depicted in Appendix “E”. C. For purposes of this rule, the following definitions apply: 1. “Court” means any courtroom or courthouse in the County where the court conducts business, including all entrances, exits, hallways, escalators, elevators, and secured court parking areas. 2. “Camera” means any device that has a primary function of recording images and is not part of a multifunction device such as a "smartphone." 3. “Wearable Electronic Device and Wearable Camera” means any miniature electronic device that is worn under, with, or on top of clothing and having a primary purpose of image capture or recording (such as Google Glass, Go Pro Cameras, Lapel Pin cameras). 4. “Personal Electronic Device” means any device capable of communicating, transmitting, receiving, or recording messages, images, sounds, data, or other information by any means including but not limited to a computer, tablet, cell phone, or blue-tooth device. D. This rule shall not preclude any law enforcement officer from taking appropriate steps to ensure the orderly and peaceable conduct of court business at a courthouse, including the recording of criminal activity in progress. A law enforcement officer's use of a body camera for passive recording is allowed provided it is in conformity with agency policies and the camera is set to automatically overwrite data within the timeframe prescribed by the officer's departmental standards. E. Except for representatives of media or media agencies as defined in California Rules of Court, rule 1.150(b)(2), no person shall bring into any courthouse a Camera, Wearable Electronic Device, or Wearable Camera, nor may any person operate a Personal Electronic Device in violation of this rule. F. To establish whether a person is bringing a Camera into the courthouse for the purpose of media coverage security personnel may require that person to either provide a press pass issued by a local law enforcement agency, other verifiable press credentials, or a copy of a current filed petition seeking a court order. G. Personal Electronic Devices may be brought into a court facility but may be used only in accordance with this rule and California Rules of Court, rule 1.150. All electronic devices may be inspected by court security personnel who shall comply with the Electronic Privacy Communications Act (Penal Code sections 1546; 1546.1, et seq.). H. This rule does not prohibit the use of portable scanners, cameras, or copiers, provided such devices are used solely for the permissive purpose of imaging documents. I. Prior to entering a courtroom, all Cameras, Wearable Electronic Devices and Wearable Cameras, Personal Electric Devices, pagers, and all other electronic communication or recording devices must be silenced or, in the discretion of the judicial officer, turned off. No such device shall be handled in any way as to indicate that a picture, audio or video recording is being taken except in compliance with this rule. Any such device which disrupts the proceedings shall be subject to confiscation and search. Nothing in this rule shall restrict a judicial officer's discretion to regulate the use of such devices in his or her courtroom. J. A copy of this rule shall be made reasonably available or posted near every security entry point into each court building, and at such other locations as the court's Director of Security directs. Violation of this rule may result in seizure of the device, monetary sanctions pursuant to section 177.5 of the Code of Civil Procedure, and/or a finding of contempt pursuant to sections 128 and 1209 of the Code of Civil Procedure, and/or arrest pursuant to Penal Code sections 166(a)(4), 166(a)(5), and 632. K. Any court staff, security personnel or peace officer who becomes aware that a person is using a device in violation of this rule is directed to advise such individual orally of this rule, and take steps to provide the person with a written copy of this rule as soon as practical. Security personnel or a peace officer who has reasonable cause to believe a violation of this rule has occurred are requested to prepare an incident report, and if the circumstances warrant immediate corrective action because the person persists in violating this rule despite being informed of it or has violated the rule in a way that appears to have a significant adverse impact upon court security or the fair and orderly resolution of cases, shall take possession of the device and bring the person without unnecessary delay to the courtroom of the judicial officer, division supervising judge, Assistant Presiding Judge or Presiding Judge. Such judicial officer may take such action or issue such orders to show cause regarding imposition of sanctions or contempt pursuant to Code of Civil Procedure sections 128, 177.5, and 1209, and concerning the device, as may be appropriate. (Effective January 1, 2019, New) 1.1.18 Services of the Official Court Reporters in Civil, Family Law and Probate Actions or Cases Court reporters are provided by the Court for the designated family law departments. Court reporters are not routinely provided by the Court for the designated unlimited civil departments, limited civil departments, probate department (with the exception of mental health cases), family support department or the family law/probate/civil trial department. Further, other departments may be assigned unlimited civil, limited civil, probate or family support hearings for which no court reporters will routinely be provided by the Court. If a party wishes to provide a court reporter for a hearing or trial, prior to the hearing or trial date, such party must file a statement with the Court requesting the presence of an official court reporter, stating therein their intent to provide their own official court reporter. A party to an unlimited civil, family law or probate action who has been granted a fee waiver may file a request for an official court reporter to be provided by the Court for a specific hearing or trial. This request is required to be made separately from the above-mentioned statement and must be filed at the time the hearing is set or when notice of the hearing or trial is received. If the request is untimely, an official court reporter may not be available at the time of the hearing or trial. The “Request for Presence of a Court Reporter” form is mandatory when a party with an active fee waiver makes a request for an official court reporter to be provided by the Court. The form is available in the Family, Probate and Civil clerks’ offices and on the Fresno County Superior Court website: http://www.fresno.courts.ca.gov/general-information/court-reporters. (Effective July 1, 2019, New) 1.1.19 Remote Appearances A. General 1. The purpose of this Local Rule is to provide greater access to justice, promote court efficiency, and facilitate remote proceedings, and is adopted pursuant to Code of Civil Procedure section 367.75 and California Rules of Court, rule 3.672. 2. Definitions and notice requirements are as set forth in rule 3.672. 3. A remote court appearance is a court appearance. A person appearing remotely must observe the same degree of courtesy, decorum, and courtroom etiquette as required for an in-person appearance. 4. Pursuant to California Rules of Court, rule 1.150, any recording, reproduction, or re-broadcasting of a remote proceeding, including transcription, screen shots, or other visual or audio copying, is strictly prohibited. 5. Parties and witnesses who intend to appear remotely must ensure that they have sufficient technology to fully participate in all aspects of a hearing without disruption. Persons appearing by video must have a device capable of displaying a clear video stream. All persons appearing remotely must appear from an indoor location with limited background noise. 6. Nothing in this rule limits the discretion of a judicial officer to require an in-person appearance, even where a remote appearance has been authorized and commenced. B. Remote Platforms The Fresno County Superior Court utilizes the following audio/video platforms for appearances: 1. Zoom (Video & Audio) 2. CourtCall (Audio Only) 3. Telephonic C. Scheduling Remote Appearances Remote appearances are scheduled through different methods based on the case type, hearing type, and department. 1. For hearing types that require written notice of intent to appear remotely, the following procedures apply: a. If the remote appearance is allowed by the judicial officer, the Court may schedule the remote appearance on behalf of the parties. b. If the judicial officer determines that an in-person appearance would materially assist in hearing the matter before the Court, the Court will notify the party that they must appear in person. 2. Requirements and deadlines to notice the Court and all other parties of an intent to appear remotely for specific hearing type are listed on the Court’s website https://www.fresno.courts.ca.gov/divisions/civil/remote-appearance-information. 3. Forms can be located on the Court's website or the Judicial Council's website https://www.courts.ca.gov/forms.htm. 4. Parties who are not assessed a filing fee or who have been granted a fee waiver will not be charged fees for video or audio appearances. 5. All parties mandated to file electronically should refer to Rule 4.1.2 (Electronic Filing). Parties not required to electronically file must include a Proof of Serve or Declaration of Notice. All Civil and Family Law requests must include a proposed order (Judicial Council Form RA-020). 6. Pursuant California Rules of Court, rule 1.150, any recording, reproduction or re-broadcasting of a court proceeding held remotely including transcription, screen shots or other visual or audio copying of a hearing is strictly prohibited. 7. Any requests to appear remotely must include an e-mail address or self-addressed, stamped envelope for noticing of the Court’s Ruling. (Effective September 15, 2022, New) (Rule 1.1 renumbered effective January 1, 2006; adopted as Rule 1 effective July 1, 1992) RULE 1.2 COURT ORGANIZATION 1.2.1 Election, Term and Duties of Presiding Judge A. Election and Term The Presiding Judge shall be elected and may be removed by a majority of all judges by secret ballot. The election of the Presiding Judge shall take place at a regular meeting held in the fall of each year in which the term of the prior Presiding Judge expires. Nominations for the position of Presiding Judge shall be made in writing and delivered to the secretary of the Executive Committee not earlier than twenty-one (21) days prior to the meeting and no later than seven (7) calendar days prior to the regular meeting in which the election is to be held. Any Fresno County Superior Court Judge may be nominated by another judge or may nominate himself or herself for the position of Presiding Judge. The Presiding Judge shall be elected to serve a two-year term commencing the following January 1. The Presiding Judge may be reelected. B. Powers and Duties The Presiding Judge shall have those powers and duties conferred on the Presiding Judge as provided by statute, California Rules of Court and rules as adopted by the Fresno County Superior Court. The Presiding Judge’s duties shall include, but are not necessarily limited to, the following: Selecting the court’s Assistant Presiding Judge. Presiding over regular and special court’s meetings. Presiding over Executive Committee meetings. Setting and implementing policies and procedures. Planning for the court’s future needs. Supervising the Executive Officer. Conducting the day-to-day affairs of the court. Designating an Acting Presiding Judge, when the Presiding Judge is unavailable or absent. (Effective July 1, 2012; Rule 1.2.1 renumbered effective January 1, 2006; adopted as Rule 2.1 effective April 6, 2002) 1.2.2 Assistant Presiding Judge A. Selection The Presiding Judge shall select the Assistant Presiding Judge from among all Fresno County Superior Court Judges. B. Duties The duties of the Assistant Presiding Judge shall be the same as the Presiding Judge in his or her absence at the discretion of the Presiding Judge. Other duties may be delegated to the Assistant Presiding Judge by the Presiding Judge. The Assistant Presiding Judge shall be a member of the Executive Committee. (Rule 1.2.2 renumbered effective January 1, 2006; adopted as Rule 2.2 effective January 1, 1999) 1.2.3 Acting Presiding Judge An Acting Presiding Judge may be designated by the Presiding Judge in the Presiding Judge’s absence or unavailability. (Rule 1.2.3 renumbered effective January 1, 2006; adopted as Rule 2.3 effective January 1, 1999) 1.2.4 Regular and Special Meetings A. Membership All Fresno County Superior Court Judges created under Article VI of the California Constitution shall be voting members. The Court Executive Officer shall be a non-voting ex officio member and shall serve as secretary at all judges’ meetings. Court Commissioners may attend all judges’ meetings unless otherwise informed. B. Judges’ Meetings 1. Regular Meetings The judges may hold regular meetings at least once every month unless otherwise determined by the Presiding Judge. The meetings shall be held at a reasonably fixed date, time and location. Agendas for all meetings shall be distributed no less than four (4) Court days prior to the meeting. Minutes of all meetings shall be distributed as soon as possible. 2. Semi-Annual Meetings The judges shall hold extended meetings two (2) times each calendar year. One of those meetings shall be scheduled during the fall. Biennially, at the fall meeting, one of the agenda items shall be the election of the Presiding Judge. The Executive Committee shall schedule these semi-annual meetings at a reasonably fixed date and location and provide all judges with at least thirty (30) calendar days written notice thereof. These meetings shall be designated as regular meetings. The purpose of these meetings is to discuss and formulate major policies, strategies and other issues which cannot be discussed adequately at a regular meeting. 3. Special Meetings Special meetings may be called by at least twenty-five percent (25%) of the judges or by the Executive Committee, provided written notice of the date, time and place of the meeting is given to all judges at least seven (7) calendar days prior to the date of the meeting. C. Voting Each Judge shall have one (1) vote. Any judge who does not attend a regular or special meeting may authorize another Fresno County Superior Court Judge to exercise a written proxy, general or specific as stated in the proxy, and vote on his or her behalf. D. Quorum A quorum for the conduct of business shall require at least fifty percent (50%) of the total number of voting members (inclusive of general, but not of specific proxies) plus one (1). The proxy must be submitted to the secretary prior to the voting on any issue in which a proxy vote is to be cast. (Effective July 1, 2012; Rule 1.2.4 renumbered effective January 1, 2006; adopted as Rule 2.4 effective January 1, 2002) 1.2.5 Election, Term and Duties of Executive Committee A. Composition/Selection of Voting Members There is hereby established an Executive Committee. The committee shall be comprised of seven (7) judges, one of whom must be the Presiding Judge, and one of whom must be an Assistant Presiding Judge. The remaining judge members shall be elected by all Fresno County Superior Court Judges. In addition, in an effort to ensure leadership continuity and a heightened awareness of court history and decision-making considerations, the immediately preceding Presiding Judge shall occupy an “emeritus” membership position for up to two consecutive one-year terms, at his or her option. The emeritus position shall be a non-voting member. The Court Executive Officer shall be a non-voting member and shall serve as secretary of the Executive Committee. At the fall semi-annual meeting and by written notice to each judge, the secretary of the Executive Committee shall notify each judge that nominations for judge members of the Executive Committee are open and shall close fourteen (14) calendar days after the date of the written notice. Nominations for Executive Committee judge members shall be made in writing and delivered to the secretary of the Executive Committee. Within three (3) court days after the close of nominations, the secretary shall distribute written ballots to all judges that must be returned to the secretary no later than fourteen (14) calendar days thereafter. Any judge may be nominated by another judge or by himself or herself for the position of Executive Committee member. B. Executive Committee Membership The five (5) judge members shall be elected at large from among all Fresno County Superior Court Judges. Vacancies in any member position, regardless of the reason – elevation, retirement, death, disability, resignation, etc. – shall be filled for the remainder of the term by a majority vote of the remaining members of the Executive Committee, unless just cause to leave the position vacant, such as the limited amount of time left on the departing member’s term, is determined by the Executive Committee. The Executive Committee shall announce the vacancy in writing to all judges. Any judge interested in serving in the vacant position shall have one (1) week to notify the Executive Committee of his or her interest. C. Term of Office for Voting Members The term of office for Executive Committee members shall be two (2) years, commencing January 1 of the calendar year following selection. The terms of the members shall be staggered so that each January 1, no more than four (4) of the seven (7) members change, unless an exception is approved by the Executive Committee. D. Voting Each judicial member of the Executive Committee shall have one (1) vote. Any member who does not attend a committee meeting may authorize another judge to exercise a written proxy, general or specific as stated in the proxy, to vote on his or her behalf. No judicial member shall exercise more than two (2) proxies on behalf of other judicial members. The proxy should be provided to the secretary in advance of the meeting. All matters coming before the committee for approval shall require a majority vote of voting members present. E. Quorum At least four (4) voting members of the Executive Committee in attendance are necessary to establish a quorum. Submission of a general proxy shall not constitute presence at the meeting for the purpose of a quorum. F. Meetings The Executive Committee shall hold regular meetings at least once every month. Any Fresno County Superior Court Judge may attend any meeting of the committee. Notice of the time, place and agenda for committee meetings shall be provided to all judges at least twenty-four (24) hours before the meeting and minutes of the meeting shall be promptly prepared and immediately distributed to all judges. Voting on issues shall be limited to agenda items except for items designated as emergency items by a majority of the Executive Committee. Meetings of the Executive Committee shall be chaired by the Presiding Judge. Any member of the Executive Committee, other than the Presiding Judge, who is absent from three (3) consecutive meetings without good cause as determined by the Executive Committee, or who is excessively absent as determined by the Executive Committee, may be removed as a member by majority vote of the Executive Committee. The remaining members of the Executive Committee shall by majority vote elect a replacement member to serve the remainder of the term of the removed member. G. Duties The duties of the Executive Committee shall include: 1. Recommending court policy and procedures for implementation by the Presiding Judge. 2. Reviewing, in its discretion, the decisions and actions of the Presiding Judge and Executive Officer and, where appropriate, making recommendations to the Presiding Judge. 3. Establishing budgetary priorities and approving budget for submission to the State Trial Court Budget Commission. 4. Recommending for hire an Executive Officer. 5. Conducting an annual evaluation of the performance of the Executive Officer. 6. Selecting and hiring Court Commissioners. (Effective July 1, 2012; Rule 1.2.5 renumbered effective January 1, 2006; adopted as Rule 2.5 effective January 1, 2002) 1.2.6 Committee Assignments All committee members shall be appointed by the Presiding Judge. (Rule 1.2.6 renumbered effective January 1, 2006; adopted as Rule 2.6 effective January 1, 1999) 1.2.7 Court Executive Officer Pursuant to Government Code § 69898, the Court Executive Officer, under the direction of the Presiding Judge, shall exercise all of the powers, duties and responsibilities as Clerk of the Fresno County Superior Court. These powers, duties and responsibilities shall include all of those previously performed by the County Clerk as Ex Officio Clerk of the Fresno County Superior Court, and those pertaining to the Grand Jury prescribed by Penal Code §§ 900 and 933. Pursuant to Government Code § 26800, the County Clerk is hereby relieved of any obligation imposed by law with respect to these powers, duties and responsibilities. Pursuant to Government Code § 69893 and Code of Civil Procedure § 195, the Court Executive Officer shall also serve as Jury Commissioners. The duties of the Court Executive Officer shall include, but are not necessarily limited to, those set forth in California Rules of Court, Rule 10.610, and such other duties as may be assigned by the Presiding Judge. The Court Executive Officer shall be responsible for the selection, retention and direction of all non-judicial personnel of the court. The Court Executive Officer shall be an exempt employee whose selection shall be recommended by a majority of the Executive Committee and approved by a majority vote of all Fresno County Superior Court Judges, who may be terminated by a majority vote of all Fresno County Superior Court Judges. The Court Executive Officer shall serve as a non-voting member of the Executive Committee and shall serve as secretary. The secretary is responsible for conducting all elections and counting all votes. (Effective July 1, 2007; Rule 1.2.7 renumbered effective January 1, 2006; adopted as Rule 2.7 effective January 1, 1999) 1.2.8 Court Commissioners Court Commissioners shall be exempt employees who shall serve at the pleasures of the judges of the Fresno County Superior Court. They shall be selected by the Executive Committee and may be terminated by a majority of all Fresno County Superior Court Judges. The court shall conduct an evaluation of any Court Commissioners as needed, at the discretion of the Presiding Judge. (Effective January 1, 2020; Rule 1.2.8 renumbered effective January 1, 2006; adopted as Rule 2.8 effective January 1, 1999) 1.2.9 Definition of a Judicial Vacation Day Pursuant to Rule 10.603(c)(2)(E) of the California Rules of Court, the Presiding Judge of each Court is required to allow the judges of that court vacation days according to their number of years of service. Rule 10.603(c)(2)(H) requires each court to define a vacation day, for purposes of the above entitlement. A “day of vacation” for a judge of the court shall be defined as an approved absence for one full business day. Consistent with the needs of the court and on approval of the Presiding Judge, a judge may nevertheless use accumulated unused vacation leave in half-day increments. (Effective January 1, 2009, New) (Rule 1.2 renumbered effective January 1, 2006; adopted as Rule 2 effective July 1, 1992) (Chapter 1 amended effective January 1, 2006; adopted as I effective July 1, 1992)
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.