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Chapter 2, Rules 2.1 to 2.4 (Administration of Civil Cases, Civil Law and Motion, the Early Mandatory Mediation Pilot Program, and Alternative Dispute Resolution): the court to endeavor to dispose of all general civil cases 90% within twelve (12) months after filing, 98% within eighteen (18) months and 100% within twenty-four (24) months (2.1.2); the Clerk to issue a Notice of Case Management Conference when the complaint is filed, for a conference no less than 120 days after filing, served with the summons and complaint (2.1.4); the plaintiff to serve all named defendants and file proof of service within sixty (60) days (2.1.5); case management plans - Plan 1 within 12 months, Plan 2 within 18 months, Plan 3 within 24 months, and exempt complex litigation - general civil cases deemed assigned to Plan 1 (2.1.7); all parties required to appear at the Case Management Conference with sufficient authority, all at issue cases assigned a date for trial, mandatory settlement conference, and trial readiness hearing (2.1.9); Plan 1 cases assigned a trial date approximately 330 days after the complaint was filed, Plan 2 cases 480 days and Plan 3 cases 630 days, no trial date continued merely on stipulation of the parties, and a letter to the Civil Supervising Judge and all other parties immediately upon knowledge of a conflict with the trial date (2.1.10); complex litigation referred to the Civil Supervising Judge, and class actions assigned to one judge for all purposes with an initial Case Management Conference within one hundred twenty (120) calendar days (2.1.11); written notice of settlement on the Notice of Settlement form, and a Rule 3.1385 hearing when a settled case has not been dismissed within 45 days (2.1.13); default judgment applications preferably on written declarations under Code of Civil Procedure section 585, subdivision (d), papers filed no later than 16 calendar days before any hearing, live testimony not to exceed 10 minutes without prior approval, and a “Default Prove Up Brief” (2.1.14); no discovery motion heard in a civil unlimited case unless the moving party has first requested an informal Pretrial Discovery Conference, after a “meet and confer” process, on the approved form, the request tolls the time for filing a motion to compel, and refusal to participate grounds for an adverse order - except motions to compel a deposition, initial responses or initial disclosures and motions regarding a subpoena served on a nonparty (2.1.17); a law and motion hearing date reserved with the law and motion clerk before filing (2.2.1); a hearing taken off calendar or continued on written notice or request at least five (5) court days before the scheduled hearing (2.2.2 to 2.2.3); remote appearances on the designated audio or video platform identified by the Court, or by “CourtCall” at (888) 882-6878 (2.2.4); tentative rulings under Rule 3.1308(a)(1) by telephoning the court at (559) 457-4943 or on the court's website (2.2.5); out-of-state, “Lexis” or “Westlaw” authority lodged in a separately bound appendix of authorities (2.2.6); the Early Mandatory Mediation Pilot Program repealed (2.3); and all parties to engage in some form of Alternative Dispute Resolution completed before the Mandatory Settlement Conference, a Stipulation regarding Alternative Dispute Resolution (TADR-01 form) and an Alternative Dispute Resolution Status Report (TADR-03 form) each at least ten (10) court days before (2.4 to 2.4.4).
CHAPTER 2. CIVIL RULES RULE 2.1 ADMINISTRATION OF CIVIL CASES 2.1.1 Applicability The provisions of Rule 2.1 shall apply to all general civil cases and complex litigation, as defined in Rule 1.1.4, unless otherwise specified in these rules. (Rule 2.1.1 renumbered effective January 1, 2006; adopted as Rule 3.1 effective May 14, 2001) 2.1.2 Case Disposition Time Standards A. The court adopts the cas
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 37 to 50, printed pages 2-1 to 2-14) 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.
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 2. CIVIL RULES RULE 2.1 ADMINISTRATION OF CIVIL CASES 2.1.1 Applicability The provisions of Rule 2.1 shall apply to all general civil cases and complex litigation, as defined in Rule 1.1.4, unless otherwise specified in these rules. (Rule 2.1.1 renumbered effective January 1, 2006; adopted as Rule 3.1 effective May 14, 2001) 2.1.2 Case Disposition Time Standards A. The court adopts the case disposition time standards set forth in §§ 2.1 and 2.3 of the California Standards of Judicial Administration. B. The court shall endeavor to dispose of all general civil cases as follows: 90% within twelve (12) months after filing, 98% within eighteen (18) months after filing, 100% within twenty-four (24) months after filing. (Effective January 1, 2012; Rule 2.1.1 renumbered effective January 1, 2006; adopted as Rule 3.2 effective July 1, 2000) 2.1.3 Tracking Cases All pending cases shall be calendared for a future event. No pending case shall go off calendar without a future event being set. (Rule 2.1.3 renumbered effective January 1, 2006; adopted as Rule 3.3 effective May 14, 2001) 2.1.4 Notice of Case Management Conference A. At the time the complaint is filed, the Clerk will issue a Notice of Case Management Conference to plaintiff, designating a date for a Case Management Conference that is no less than 120 days after the filing of the complaint. Plaintiff shall serve a copy of the Notice of Case Management Conference on each defendant along with the summons and complaint. B. Any party who files and serves a cross-complaint prior to the Case Management Conference shall serve on each cross-defendant who is a new party to the action a copy of the Notice of Case Management Conference along with the summons and cross-complaint. If a new cross-defendant is served after the initial Case Management Conference, the cross-complainant shall serve the new cross-defendant with notice of any pending Case Management Conference, any assigned trial or settlement conference dates, and any other dates set by the court or orders made at the Case Management Conference. C. If plaintiff adds a new defendant or identifies a fictitiously named defendant after the initial Case Management Conference, along with the summons and complaint, plaintiff shall serve the newly named defendant with notice of any pending Case Management Conference, any assigned trial and settlement conference dates, and any other dates set by the court or orders made at the Case Management Conference. D. Proof of service of notice of a Case Management Conference shall be filed with the court and may be included in the proof of service of the summons and complaint or cross-complaint. (Rule 2.1.4 renumbered effective January 1, 2006; adopted as Rule 3.4 effective May 14, 2001) 2.1.5 Service and Filing of Proof of Service A plaintiff shall serve all named defendants with all pleadings and notices required by these rules or other law, including notice of a Case Management Conference, and shall file proof of service with the court, within sixty (60) days from the date the complaint is filed. (Rule 2.1.5 renumbered effective January 1, 2006; adopted as Rule 3.5 effective July 1, 2002) 2.1.6 Extensions of Time by the Court A. The court may extend any time requirement for service of process or for filing proof of service or responsive pleadings upon a showing of good cause on noticed motion or by ex parte application, which may be made on the form available from the Clerk’s Office and on the court’s website. The motion or application must be filed before the expiration of the initial time period within which the act is required to be done. When a request for an extension is filed, the court may deny the request, grant an extension of time to a specified date, or conduct a hearing on the matter. B. When applying to the court to extend time for service of process based on the conditions stated in Code of Civil Procedure § 583.240, the plaintiff shall set forth the earliest date by which service may reasonably be effected so that the court may set a date for service and for the filing of a proof of service. (Rule 2.1.6 renumbered effective January 1, 2006; adopted as Rule 3.6 effective May 14, 2001) 2.1.7 Case Management Plans A. All general civil cases and complex litigation shall be assigned to one of the following case management plans: 1. Plan 1: cases to be disposed of within 12 months. 2. Plan 2: cases to be disposed of within 18 months. 3. Plan 3: cases to be disposed of within 24 months. 4. Exempt complex litigation: complex litigation as defined in Rule 1.1.4 that is not expected to be disposed of within 24 months. B. Unless designated as a complex case in accordance with the California Rules of Court, all general civil cases shall be deemed to be assigned to Plan 1 upon the filing of the complaint. The court may reassign a case to a different plan at the time of a Case Management Conference or on noticed motion showing good cause for the reassignment. C. All cases filed as class actions shall be initially assigned on a provisional basis as exempt complex litigation, subject to the Court reassigning any class action case to a different plan. (Effective July 1, 2014; Rule 2.1.7 renumbered effective January 1, 2006; adopted as Rule 3.7 effective May 14, 2001) 2.1.8 Stipulation for Trial Setting in Lieu of Case Management Conference A. In general civil cases that are at issue before the Case Management Conference, if no jury is demanded and the time estimate for trial is two (2) hours or less, the parties may execute and file a Stipulation for Trial Setting in Lieu of Case Management Conference. The Stipulation shall be filed on a form that is available from the Clerk’s Office and on the court’s website. The Stipulation must be signed by all attorneys and self-represented parties. B. If the filing of the Stipulation does not result in a trial date being set prior to the Case Management Conference, the Case Management Conference must be attended by all attorneys and self-represented parties as required by Rule 2.1.9. C. Preference shall be deemed waived unless the At Issue Memorandum or Counter At Issue Memorandum states that the case is entitled to preference in setting. (Effective July 1, 2010; Rule 2.1.8 renumbered effective January 1, 2006; adopted as Rule 3.8 effective January 1, 2002) 2.1.9 Case Management Conference A. All parties are required to appear at the Case Management Conference. The person attending the conference shall have sufficient understanding of the case and sufficient authority to make decisions and agreements as necessary, including agreements regarding submission of the case to ADR (such as choosing the form of ADR and choosing an arbitrator or mediator), and decisions regarding demanding or waiving a jury trial, assignment of the case to a Plan and the dates to be set for trial and settlement conference. B. Unless the court determines otherwise, all cases except complex litigation are deemed at issue and ready to be set for trial at the time of the Case Management Conference. C. At the Case Management Conference, all at issue cases will be assigned a date for trial, mandatory settlement conference, and trial readiness hearing. D. At the case Management Conference, the court may: 1. Reassign the case to Plan 2 or Plan 3; 2. Designate the case as complex litigation, refer it to the Presiding Judge for assignment of a judge for all purposes, and set it for a further Case Management Conference before the assigned judge; 3. Order or refer the case to ADR; 4. Direct one or more parties to effect service of process, file specified motions, or take other specified actions within specified time periods; 5. Record each party’s demand or waiver of jury trial; 6. Schedule a further Case Management Conference; 7. Make a scheduling order, which may include a completion date for discovery and a final date for motions; 8. Schedule the matter for a dismissal hearing or issue an order to show cause; 9. Impose sanctions, including dismissal of the case; 10. Make such other orders as the court deems appropriate. E. A Case Management Conference will be taken off calendar only if the case has been disposed of or has received a trial date prior to the Conference. For purposes of this rule, a case is disposed of if a judgment or dismissal of the entire action has been filed. If the case has been stayed or a notice of conditional settlement has been filed, the Conference will be continued. If any of these conditions has been met, it is the responsibility of the parties to notify the TCDR Clerk in writing and ask that the Conference be taken off calendar or continued. (Rule 2.1.9 renumbered effective January 1, 2006; adopted as Rule 3.9 effective May 14, 2001) 2.1.10 Trial Date and Conflicts A. Ordinarily, Plan 1 cases will be assigned a trial date that is approximately 330 days after the date the complaint was filed. 1. At the request of all parties or at the request of any party without objection from any other party, a Plan 1 case may be set for trial on the earliest available court date. The request may be made at the At Issue Memorandum pursuant to Rule 2.1.8, or by stipulation. If the request is made in the At Issue Memorandum, it will be deemed unopposed if no Counter At Issue Memorandum is timely filed challenging the request. If an objection is made, the court will determine at the Case Management Conference whether the case should be set for trial on the earliest available court date. 2. Limited civil cases in which an early trial date is not requested as described in subdivision (1) will ordinarily be assigned a trial date that is approximately 90 days after the initial Case Management Conference date. B. Plan 2 cases will be assigned a trial date that is approximately 480 days after the date the complaint was filed. C. Plan 3 cases will be assigned a trial date that is approximately 630 days after the date the complaint was filed. D. No trial date may be continued merely on stipulation of the parties. On a showing of good cause, the trial date may be continued by court order, obtained by noticed motion or by ex parte application presented to the assigned Civil Judge for All Purposes, at least five (5) court days before trial. It may also be continued pursuant to (F) below. E. If an application for a continuance is presented less than five (5) court days before the trial date, it shall contain a detailed factual declaration demonstrating good cause for the delay. F. After a trial date has been assigned, any party who has a conflict with the trial date shall, immediately upon having knowledge of the conflict, submit a letter to the Civil Supervising Judge and to all other parties notifying them of the conflict. The court shall maintain the trial date until the trial readiness hearing unless: (1) a continuance has been granted pursuant to (D) above, or (2) a continuance is otherwise approved by the Court. (Effective July 1, 2025; Rule 2.1.10 renumbered effective January 1, 2006; adopted as Rule 3.10 effective January 1, 2002) 2.1.11 Complex Litigation A. Cases designated as complex litigation shall be exempt from the case disposition time standards of Rule 2.1.2. When a case is designated as complex litigation, the case shall be referred to the Civil Supervising Judge or their designee, who may assign the case to one judge for all purposes or make other orders as appropriate. B. If the case is assigned to one judge for all purposes, any pending or future Case Management Conference will be heard before the assigned judge. At or after the Case Management Conference, the assigned judge shall establish a case progression plan and assign a trial date designed to ensure that the case will progress to a disposition in a timely fashion, consistent with the purposes of the Trial Court Delay Reduction Act and with the particular needs of the case. After assignment, the assigned judge shall hear all of the proceedings in the case, except the mandatory settlement conference and except as otherwise ordered by the Civil Supervising Judge. The assigned judge shall monitor the case to its conclusion, with the goal that it be disposed of within three (3) years after filing. C. If the case is not assigned to one judge for all purposes, the case will be set for a further Case Management Conference before the Case Management Conference judge or another designated judge. The Case Management Judge or designated judge shall establish a case progression plan and monitor the case to ensure timely disposition consistent with the exceptional circumstances, with the goal of disposition within three (3) years after filing. D. All cases initially filed as class actions shall be assigned to one judge for all purposes. Within one hundred twenty (120) calendar days of the filing of the action, an initial Case Management Conference will be heard before the assigned judge. Notice of the initial Case Management Conference will be given by the Court no later than forty-five (45) calendars days before the conference. The parties to the action must file a Case Management Conference Statement no later than fifteen (15) calendar days before the initial Case Management Conference, which shall address the following matters, among others: 1. Whether there are any related cases; 2. Whether all parties named in the complaint or cross-complaint have been served, have appeared, or have been dismissed; 3. Whether any additional parties may be added or the pleadings may be amended; 4. Whether any other matters (e.g., the bankruptcy of a party) may affect the Court’s jurisdiction or processing of the case; 5. Whether the parties have stipulated to, or the case should be referred to, judicial arbitration in courts that have a judicial arbitration program or to any other form of alternative dispute resolution (ADR) process and, if so, the date by which the judicial arbitration or other ADR process must be completed; 6. Whether an early settlement conference should be scheduled and, if so, on what date; 7. What discovery issues are anticipated; 8. The date by which discovery will be completed concerning the class certification issues; 9. Any issues relating to the discovery of electronically stored information, including: a. Issues relating to the preservation of discoverable electronically stored information; b. The form or forms in which information will be produced; c. The time within which the information will be produced; d. The scope of discovery of the information; e. The method for asserting or preserving claims of privilege or attorney work product, including whether such claims may be asserted after production; f. The method for asserting or preserving the confidentiality, privacy, trade secrets, or proprietary status of information relating to a party or person not a party to the civil proceedings; g. How the cost of production of electronically stored information is to be allocated among the parties; h. Any other issues relating to the discovery of electronically stored information, including developing a proposed plan relating to the discovery of the information; 10. A proposed schedule for class certification motions, including any motions to strike class certification. The schedule shall include the proposed date for filing of any motions, the proposed date for filing any oppositions, the proposed date for filing any replies for motions and the proposed date for hearings on those motions; 11. Any other matters that should be considered by the Court or addressed in its case management order; and 12. Other relevant matters. At the conclusion of the initial Case Management Conference, the Court may issue an order, including setting further Case Management Conferences. (Effective January 1, 2026; Rule 2.1.11 renumbered effective January 1, 2006; adopted as Rule 3.11 effective July 1, 2003) 2.1.12 Continuance or Modification No time standard or deadline specified in these rules, nor any schedule, date, time limitation or other requirement imposed by any order made pursuant to these rules may be modified, extended or voided by any stipulation or agreement of the parties unless a written order approving it is obtained from the court. Continuances, extensions or modifications may be obtained by noticed motion or ex parte application, on a showing of good cause. (Rule 2.1.12 renumbered effective January 1, 2006; adopted as Rule 3.12 effective May 14, 2001) 2.1.13 Settlement and Conditional Settlement A. When a case settles, whether by conditional settlement or otherwise, the plaintiff shall comply with Rule 3.1385 of the California Rules of Court. Written notice of settlement shall be given on the Notice of Settlement form, which is available from the Clerk’s Office and on the court’s website. B. When a settled case has not been dismissed within 45 days of the notice of settlement or within 45 days of the dismissal date specified in the notice, if the settlement is conditional, the court will set the matter for a Rule 3.1385 hearing. An unexcused failure or plaintiff to appear at the hearing may result in the court’s dismissal of the case. C. An extension of time for filing the dismissal may be granted on a showing of good cause. Requests for extensions shall be made on the Request for Extension of Time to File Dismissal form, which is available from the Clerk’s Office and on the court’s website. (Effective July 1, 2007; Rule 2.1.13 renumbered effective January 1, 2006; adopted as Rule 3.13 effective July 1, 2002) 2.1.14 Entry of Default Judgment by the Court A. Written Declarations Preferred Practice. The Court prefers that applications for entry of default judgment (commonly referred to as “default prove ups”) be made on written declarations pursuant to Code of Civil Procedure section 585, subdivision (d). The Court reviews each submitted application for entry of default judgment in the order received. B. Hearings. Parties should set default prove ups for hearing only in exceptional cases. The Court, in its discretion, may also set an application for entry of default judgment on declarations for a hearing. The court will give notice of any such hearing. Parties must obtain hearing dates from the Civil Unlimited Law and Motion Clerk. Default prove ups set for hearing shall be supported by proof by written declaration in accordance with this rule and California Rules of Court, rule 3.1800. Such papers must be filed no later than 16 calendar days prior to the hearing. Evidence of the parties’ exceptional circumstances shall be included with their supporting papers. If, after reviewing the materials submitted, the Court determines that oral testimony or additional documentary evidence is necessary, the tentative ruling posted prior to the hearing pursuant to Local Rule 2.2.6, will so indicate. Live testimony in support of default prove up may not exceed 10 minutes of court time without prior approval by the assigned judge. This approval may be sought by ex parte application. Ex parte applications must set forth the exceptional circumstances justifying a hearing and explain why more than 10 minutes of live testimony is required. C. Supporting Papers. A party seeking a default judgment must present evidence in support of his or her claim by competent witnesses having personal knowledge of the essential facts, preferably by affidavit or declaration by such witnesses. In addition to the items required by California Rules of Court, rule 3.1800(a), the court also requires the submission of a “Default Prove Up Brief” that summarizes the evidence submitted, the relief requested, and provides any necessary legal analysis. The statement of the case required by rule 3.1800(a)(1) should be included in this brief. All materials in support of a default prove up should be submitted together as a single document, with each item listed separately in the caption of the combined pleading. If attorneys’ fees based on a contract are requested, the party must submit a copy of the contract with the language supporting such an award highlighted with their supporting papers. (Effective July 1, 2025; Rule 2.1.14 renumbered effective January 1, 2006; adopted as Rule 3.14 effective July 1, 2000) 2.1.15 Signatures on Orders It is the policy of the court not to sign orders or judgments unless some portion of the text of the order or judgment appears on the page to which the judicial officer’s signature is affixed, so that the connection between the signature page and the remainder of the order or judgment is apparent. (Rule 2.1.15 renumbered effective January 1, 2006; adopted as Rule 3.15 effective July 1, 2000) 2.1.16 Designation of Counsel When a law firm is the attorney of record in a civil action, the attorney who signed the initial pleading shall be designated to receive notices in the case. If, after the filing of the initial pleading, the attorney who is to receive notices changes, then a Designation of Counsel must be filed with the court. The designation must include the name and state bar number of the designated attorney. The designation may be made on a form available from the Clerk’s Office and on the court’s website. (Rule 2.1.16 renumbered effective January 1, 2006; adopted as Rule 3.16 effective May 14, 2001) 2.1.17 Resolution of Discovery Disputes A. No motion under sections 2017.010 through 2036.050, inclusive, of the California Code of Civil Procedure shall be heard in a civil unlimited case unless the moving party has first requested an informal Pretrial Discovery Conference with the Court and such request has either been denied and permission to file the motion is granted via court order or the discovery dispute has not been resolved as a result of the Conference and permission to file the motion is expressly granted. This rule shall not apply the following: 1. Motions to compel the deposition of a duly noticed party or subpoenaed person(s) who have not timely served an objection pursuant to Code of Civil Procedure section 2025.410; 2. Motions to compel initial responses to interrogatories, requests for production and requests for admissions; 3. Motions to quash or compel compliance regarding a subpoena served on a nonparty; and 4. Motions to compel compliance with initial disclosures. B. Before filing a request for a Pretrial Discovery Conference, the requesting party must initiate and participate in a “meet and confer” process (see Local Rule 1.1.4) in an attempt to resolve or narrow any discovery dispute. C. Any request for a Pretrial Discovery Conference must be filed with the Clerk’s Office on the approved form (provided by the clerk), must include a brief summary of the dispute, must include a detailed explanation of meet and confer efforts, and must be served on opposing counsel on or before the date it is filed with the Court. Any opposition to a request for a Pretrial Discovery Conference must also be filed on an approved form (provided by the clerk), must include a brief summary of why the requested discovery should be denied, must be filed within five (5) court days of service of the request for a Pretrial Discovery Conference, extended five (5) days for service by mail, and must be served on opposing counsel. D. Excepting a privilege log, if required pursuant to subsection B, below, no other pleadings, including but not limited to exhibits, declarations, or attachments, will be accepted. E. If the party opponent has any opposition to the dispute as stated in the request described in paragraph no. 1 above, a written opposition on the approved form shall be timely filed or it will be considered by the Court as a refusal to participate as defined in “I” below. F. The parties will be notified by minute order whether the request has been granted or denied and, if granted, the date and time of the Pretrial Discovery Conference. If the Court has not issued a minute order within fifteen (15) court days after the due date of any opposition, then the request for pretrial conference shall be deemed denied with permission to file the motion expressly granted. G. Filing a request for a Pretrial Discovery Conference tolls the time for filing a motion to compel discovery on the disputed issues for the number of days between the filing of the request and issuance by the Court of a subsequent order pertaining to the discovery dispute. The Court’s order will specify the number of days the time for filing a motion is tolled. On the condition that the request is filed within the forty-five (45) day jurisdictional limit of the California Discovery Act, if the Court has not issued a minute order within fifteen (15) court days after the due date of any opposition, then the number of days the time for filing a motion shall be tolled for a period of fifteen (15) days if the request for Pre-Trial Conference was served personally and twenty (20) days if the request for Pre-Trial Conference was served by mail. H. Where privilege is a basis for refusal to produce documents, privilege logs must be provided. The privilege log must include an identification of all sending and receiving entities, as well as details of the information sufficient to apprise the opposing party of the basis for the privilege. I. Refusal of any counsel to participate in a Pretrial Discovery Conference shall be grounds, in the discretion of the Court, for entry of an order adverse to the party represented by counsel so refusing, or adverse to counsel. Failure to file a written opposition to the merits underlying a request for a Conference is considered a refusal to participate. Where there has been no written opposition to the merits of the request filed the Court may, in its discretion, enter an order adverse to the non-responding party. (Effective July 1, 2024; adopted as Rule 2.1.17 effective January 1, 2013) (Rule 2.1 renumbered effective January 1, 2006; adopted as Rule 3 effective July 1, 1992) RULE 2.2 CIVIL LAW AND MOTION 2.2.1 Setting Law and Motion Hearing Prior to the filing of any law and motion matter, a date and time for hearing shall be reserved with the law and motion clerk. Parties may also obtain a date and time for hearing of the law and motion matter for the earliest available date at the filing counter in the civil clerk’s office upon presentation of moving papers and payment of appropriate fees. When calling to reserve a hearing date for a discovery motion, the person setting the motion shall provide information regarding compliance with rule 2.1.17. The person setting the motion shall inform the Clerk of one of the following: A. The motion is to compel initial responses and is, therefore, exempt from rule 2.1.17; B. Rule 2.1.17 has been complied with and permission to file the motion has been granted by the Court; or C. Rule 2.1.17 does not apply to the motion being set. Anyone claiming C must provide the name of the attorney or self-represented party making the claim and a brief explanation to support the claim. (Effective July 1, 2016; Rule 2.2.1 renumbered effective January 1, 2006; adopted as Rule 4.1 effective January 1, 1997) 2.2.2 Taking Law and Motion Hearing Off Calendar A. Any party who reserves a date and time for hearing with the Clerk, but fails to timely file moving papers for a hearing on that date, shall promptly notify the Clerk and request that the hearing be taken off calendar. B. Any reserved law and motion date may be vacated by the Court without further notice if the moving papers are not filed the required number of days before the hearing date. C. Unless otherwise ordered by the Court, any moving party who wishes to have a law and motion hearing taken off calendar after the moving papers have been filed but before a response has been filed, may be required to give written notice to the Clerk, the assigned judge, and all parties at least five (5) court days before the scheduled hearing date. Notice to the Clerk may be sent by facsimile and shall be accompanied by proof that notification was given to all parties. Proof of notification to all parties may be made: 1. By proof of service by mail, or 2. By letter indicating that a copy thereof has been sent by facsimile to all parties, or 3. By a declaration stating when, and in what manner, notice was given to all parties. D. A law and motion matter may also be taken off calendar by stipulation of the parties at least five (5) court days before the scheduled hearing, with written notice to the Clerk and assigned judge. E. Any moving party who wishes to have a law and motion matter taken off calendar after the responsive papers have been filed shall do so by stipulation of the parties or shall obtain the permission of the assigned judge and give written notice to all parties. Proof of notification to all parties shall be made as described in (C) above. F. Within five (5) court days of the hearing, permission to take the matter off calendar shall be obtained only from the assigned judge. (Effective January 1, 2025; Rule 2.2.2 renumbered effective January 1, 2006; adopted as Rule 4.2 effective January 1, 2003) 2.2.3 Continuing a Law and Motion Hearing A. Any request for continuance of a law and motion hearing, may be required to be made in writing to the assigned judge at least five (5) court days before the scheduled hearing with proof of notification to all parties as described in Rule 2.2.2. The request may be submitted by facsimile. The request for continuance shall include a specific date for the continued hearing and a statement indicating whether the other parties consent or object to the continuance and/or the requested new hearing date. B. If the request is made after the five (5) court day time limit has passed, the request shall contain a detailed factual explanation demonstrating good cause for the delay. (Rule 2.2.3 renumbered effective January 1, 2006; adopted as Rule 4.3 effective January 1, 2003) 2.2.4 Remote Appearances When remote appearances are allowed, attorneys or parties may utilize the designated audio or video platform as identified by the Court. Attorneys or parties may appear by “CourtCall,” by making prior arrangements with the private company that administers the program. CourtCall may be arranged by calling (888) 882-6878, or the telephone number of any other vendor as approved by the Court. Attorneys or parties appearing remotely by video will receive the appropriate information via the email address provided in the Notice of Remote Appearance. (see Local Rule 4.1.2(D)(7)). (Effective July 1, 2026; Rule 2.2.5 (now 2.2.4) renumbered effective July 1, 2020; adopted as Rule 4.5 effective July 1, 2000) 2.2.5 Tentative Rulings A. The court follows the tentative ruling procedure set forth in Rule 3.1308(a)(1) of the California Rules of Court. A tentative ruling on civil law and motion matter may be obtained by: 1. Telephoning the court at (559) 457-4943; or 2. Accessing tentative rulings on the court’s website. B. If a party wishes to appear for oral argument, the notice to be given to the court, as required by Rule 3.1308(a)(1) of the California Rules of Court, must be given by telephone to the clerk in the department to which the matter is assigned for hearing. (Effective January 1, 2010; Rule 2.2.6 (now 2.2.5) renumbered effective July 1, 2020; adopted as Rule 4.6 effective January 1, 2005) 2.2.6 Appendix of Authorities If a party cites to out-of-state cases, statutes or rules, or authority cited through a “Lexis” or “Westlaw” citation, a copy of each authority shall be lodged in a separately bound appendix of authorities, and each authority shall be tabbed and indexed as an exhibit as required by California Rules of Court, rule 3.1110(f). (Effective January 1, 2013; Rule 2.2.7 (now 2.2.6) renumbered effective July 1, 2020; adopted as Rule 2.2.7 effective January 1, 2013) RULE 2.3 EARLY MANDATORY MEDIATION PILOT PROGRAM Repealed. (Effective January 1, 2007) RULE 2.4 ALTERNATIVE DISPUTE RESOLUTION (ADR) 2.4.1 ADR Information Attorneys shall provide their clients with a copy of the ADR information package at the earliest available opportunity. Upon request, the ADR information package and related forms may be obtained from the Civil Clerk’s Office, ADR Department or the ADR section of the Court’s website. Plaintiffs and cross-complainants shall serve a copy of the ADR information package on each defendant or cross-defendant as required by the California Rules of Court and complete ADR requirements in accordance with Local Rule 2.4. (Effective January 1, 2024; Rule 2.4.1 renumbered effective January 1, 2006; adopted as Rule 7.1 effective May 14, 2001) 2.4.2 Participation in ADR All parties must engage in some form of Alternative Dispute Resolution (ADR), such as mediation. The selected ADR process must be completed prior to the Mandatory Settlement Conference. Failure to do so may result in the Court imposing sanctions, unless excused by the Court upon a timely showing of good cause by written declaration. (Effective January 1, 2020, New) 2.4.3 Stipulation to ADR If all named parties to the complaint have filed an appearance, the parties shall confer prior to the Case Management Conference (CMC) and file a Stipulation regarding Alternative Dispute Resolution (TADR-01 form) designated by the Court, at least ten (10) court days prior to the CMC. Parties who fail to file the ADR Stipulation may be subject to sanctions at an Order to Show Cause (OSC) hearing set by the Court. (Effective January 1, 2020, New) 2.4.4 ADR Status Report At least ten (10) court days prior to the Mandatory Settlement Conference, the parties shall file an Alternative Dispute Resolution Status Report (TADR-03 form) designated by the Court. Parties who fail to file the ADR Status Report may be subject to sanctions at an OSC hearing held on the same date as the Trial Readiness hearing, or as otherwise set by the Court. (Effective January 1, 2020, New) (Rule 2.4 renumbered effective January 1, 2006; adopted as Rule 7 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.