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Chapter 2, Rules 2.5 to 2.10 (Mandatory Settlement Conference, Trial Readiness, Ex Parte Applications, Miscellaneous Civil Rules, Unlawful Detainer Cases, and Small Claims Cases): a mandatory settlement conference for every civil case set for trial on the master calendar, except small claims, unlawful detainers, family law cases and short cause cases, or by stipulation or order (2.5.1); the parties to meet and confer before the settlement conference, face-to-face or in mediation, communication by writing not to suffice (2.5.2); all parties, the trial attorney and an insurance carrier employee with full authority to settle personally present (2.5.5); settlement conference statements to the ADR Department no later than five (5) court days before the conference (2.5.6); the attorneys to meet and confer at least five (5) days before trial and exchange in limine motions, jury instructions or trial briefs and exhibit lists, a trial readiness hearing on the Friday prior to the date set for trial, no party to appear remotely unless previously approved, and a mandatory settlement conference at the Trial Readiness Hearing (2.6.1 to 2.6.2); the party seeking an ex parte order to submit the application and supporting papers to the Clerk for filing not later than 2:00 p.m. on the day preceding a morning hearing and 9:00 a.m. on the date of an afternoon hearing (2.7.1); an ex parte application considered without a hearing in the following cases, among them a stipulation by the parties for an order, an order extending time to serve pleading, an application to serve by publication and a motion to continue trial (2.7.2); the nonrefundable jury fee under Code of Civil Procedure section 631 due on or before the date scheduled for the initial case management conference, failure to timely pay a waiver of trial by jury (2.8.1); interpreter services in civil or small claims matters in the priority order of case types listed (2.8.2); attorney's fees in default cases fixed in accordance with Appendix A1 (2.8.3); petitions to compromise the claims of minors or incompetent persons, an order to show cause hearing within ninety (90) days after an Order to Deposit Funds in Blocked Account (MC-355), off calendar if form MC-356 is filed at least ten (10) court days before (2.8.4); the parties' pro rata shares of the fee for official reporting services deposited for a trial or hearing of more than one (1) hour (2.8.5); the agency to file its default petition in a firearms forfeiture ten (10) court days preceding the hearing (2.8.6); all parties to a petition for approval of a transfer of structured settlement payments, including the payee and the payee's counsel, to appear (2.8.7); the court to endeavor to dispose of unlawful detainer cases 90% within thirty (30) days and 100% within forty-five (45) days after filing, the plaintiff to serve all named defendants within fifteen (15) days and file a Request to Set Case for Trial within twenty-five (25) days, the Clerk to issue a Notice of Dismissal Hearing, an undertaking for immediate possession of ten (10) times the monthly rental but not less than $500.00, and a stamped, legal-size envelope for each defendant and one to “All Occupants” for the Notice of Restricted Access (2.9 to 2.9.10); and the court to endeavor to dispose of small claims cases 90% within seventy (70) days and 100% within ninety (90) days after filing, and no notice of appeal from a small claims judgment accepted after the statutory period unless a writ of mandate has been issued (2.10 to 2.10.3).
RULE 2.5 MANDATORY SETTLEMENT CONFERENCE 2.5.1 Mandatory Settlement Conference A mandatory settlement conference shall be held pursuant to Rule 2.5 for every civil case set for trial on the master calendar, except as follows: A. Small claims, unlawful detainers, and family law cases. (For Family Law Department requirements, refer to Rule 5.7.) B. Short cause cases. C. In any case where, at least t
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 50 to 63, printed pages 2-14 to 2-27) 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
RULE 2.5 MANDATORY SETTLEMENT CONFERENCE 2.5.1 Mandatory Settlement Conference A mandatory settlement conference shall be held pursuant to Rule 2.5 for every civil case set for trial on the master calendar, except as follows: A. Small claims, unlawful detainers, and family law cases. (For Family Law Department requirements, refer to Rule 5.7.) B. Short cause cases. C. In any case where, at least thirty (30) days prior to the date set for trial, all parties have filed a written stipulation that they have previously engaged in one court-supervised settlement conference and do not believe another settlement conference would be productive. Plaintiff shall notify the ADR Department of the filing of the stipulation. D. In any case where, at least thirty (30) days prior to the date set for trial, all parties have filed a written stipulation that they have engaged in mediation, conducted by a neutral mediator, and do not believe a settlement conference would be productive. Plaintiff shall notify the ADR Department of the filing of the stipulation. E. By order of the court for good cause, based upon a petition addressed to the Civil Supervising Judge and submitted in care of the ADR Department citing this rule, filed and served on all other parties at least thirty (30) days prior to trial. Opposition to the petition shall be in writing, submitted to the Civil Supervising Judge in care of the ADR Department, filed and served on all parties no later than ten (10) days after service of the petition. There will be no oral argument on such petitions. Parties will be notified of the court’s ruling. Good cause requires facts supporting the conclusion that it would be extremely unlikely that a settlement conference will resolve the case. F. Failure to comply with Rule 2.4.2 requiring the completion of ADR prior to a Mandatory Settlement Conference. (Effective January 1, 2020; Rule 2.5.1 renumbered effective January 1, 2006; adopted as Rule 8.1 effective January 1, 1997) 2.5.2 Meet and Confer Prior to Settlement Conference A. In all cases set for a settlement conference where the parties are not excused from attending the settlement conference, the parties shall meet and confer prior to the date set for the settlement conference in a good faith attempt to settle all issues. The requirement of this rule is met by a face-to-face meeting between the parties, or by engaging in mediation before a neutral mediator. If, however, an attorney’s office is located outside of Fresno County, or a party in pro per resides outside of Fresno County, that party may meet the requirement of this rule by meeting and conferring telephonically in a good faith attempt to settle all issues. Communication by writing will not suffice. B. The fact of compliance with this rule, and the results of the meet and confer conference shall be set forth in the settlement conference statement. (Rule 2.5.2 renumbered effective January 1, 2006; adopted as Rule 8.2 effective January 1, 1998) 2.5.3 Further Settlement Conference on Day of Trial Notwithstanding Rule 2.5.1, the Presiding Judge may order any case to a further settlement conference on the day the case is set for trial. (Rule 2.5.3 renumbered effective January 1, 2006; adopted as Rule 8.3 effective January 1, 1997) 2.5.4 Conflicts in Scheduling and Special Requests A. Any party who wishes to request a change in a settlement conference date due to a scheduling conflict, or who wishes to make any other special request regarding a settlement conference, shall present that request to the ADR Department by letter, with a copy provided to each party, at least thirty (30) days prior to the date set for the settlement conference. Any party wishing to respond to the request shall respond by letter to the Civil Supervising Judge in care of the ADR Department, with a copy provided to each party, within two (2) days of receipt of the request letter. B. If the request is made after the thirty-day limit has passed, the request shall include a detailed factual declaration demonstrating good cause for the delay. C. The party making the request may submit a stipulation or joint request reflecting the consent of all other parties to the proposed change. The court will generally not grant a request for a change of date for the settlement conference unless all parties have been contacted by the requesting party and have agreed to a new date and time. D. Parties will be notified of the court’s ruling. E. On the request of an attorney whose office is located outside the County of Fresno, the court will attempt, if possible, to reschedule a settlement conference at a different time, but on the same date, when such request is made pursuant to subparagraph A above. (Effective July 1, 2017; Rule 2.5.4 renumbered effective January 1, 2006; adopted as Rule 8.4 effective January 1, 1997) 2.5.5 Attendance A. Parties. All parties shall be personally present at the settlement conference except that an insured party is not required to appear where that party’s insurance carrier admits coverage for all causes of action alleged against that party, full authority has been granted by such insured party to the carrier and attorney to settle within policy limits, and the highest demand for settlement is within policy limits. However, where the carrier assumes the defense pursuant to a reservation of rights, the insured shall attend the settlement conference also. A party who is not an individual shall appear by a representative who shall be fully familiar with the facts of the case and have full authority to settle. If the party’s governing body is a board, council, or committee which is required to approve settlement, the representative attending the settlement conference on behalf of that party shall have authority to recommend approval directly to such governing body, without seeking approval from any other person prior to making such recommendation. B. Attorneys. The trial attorney for the case shall be personally present. The only exception shall be where the trial attorney is engaged in another trial at the same time as the settlement conference, in which case another attorney from the trial attorney’s office shall attend, who is fully familiar with the facts of the case and has full authority to settle and who has discussed the case thoroughly with the client prior to the settlement conference. C. Insurance Claims’ Employee. In any case which requires consent of an insurance carrier to settle, an employee of the insurance carrier, who is fully familiar with the case and who has full authority to settle, shall be personally present. A claims adjuster retained only for the purpose of attending the settlement conference will not be acceptable. D. Consent of Others. Where the consent of a spouse, business partner or other person is necessary to achieve settlement, even though this person is not a named party, every reasonable effort shall be made to either secure the attendance of such person at the settlement conference or have that person immediately available by telephone until released by the court. E. Structured Settlements for Minors. In any case involving possible settlement for the benefit of a minor, where the settlement value might reasonably exceed $25,000.00, the defendant seeking settlement with the minor shall bring to the settlement conference, or, throughout the settlement conference shall have immediate access to, a person qualified to compute present values under a structured settlement. F. Excused Attendance. Subject to the above the court will not excuse parties, attorneys, or insurance carrier employees from required attendance except upon a timely showing of good cause by written declaration. G. “Full Authority to Settle Defined”. In the case of a plaintiff or cross-complainant, “full authority” to settle means the attendee shall have the individual discretion and authority to negotiate, without consultation with others, and dismiss the complaint or cross-complaint in return for no consideration from the defendant or cross-defendant. In the case of a defendant or cross-defendant, “full authority” to settle means the attendee shall have the individual discretion and authority to negotiate, without consultation with others, and pay the highest demand made to date by the plaintiff or cross-complainant. In the case of public entity parties whose elected bodies (e.g., City Council, Board of Supervisors) must approve a settlement, the attendee must be an authorized representative of the public entity who is fully informed as to the parameters under which the entity will approve a settlement. (Effective January 1, 2025; Rule 2.5.5 renumbered effective January 1, 2006; adopted as Rule 8.5 effective January 1, 2005) 2.5.6 Settlement Conference Statement A. Each party shall submit their settlement conference statement to the ADR Department and serve on all parties, in pleading or letter form, preferably at least ten (10) days prior to the settlement conference, but no later than five (5) court days prior to the settlement conference. Settlement conference statements will be marked as received and will not be kept in the court file, and must be submitted anew for each additional settlement conference. B. In addition to the subject matter required by Rule 3.1380(c) of the California Rules of Court, the settlement conference statement shall contain: 1. The names of parties and their attorneys. 2. Whether or not an insurance carrier employee is required to be personally present, and, if so, the identity of the carrier. 3. Whether or not a board, council or other committee must approve of settlement, and, if so, the identity of that body. 4. Whether or not the consent of a person who is not a named party is necessary to achieve settlement, and, if so, the identity of that person. 5. The fact and results of compliance with Rule 2.5.2 and the results of prior mediation or arbitration. 6. Prior settlement negotiations. 7. Code of Civil Procedure § 998 demands. 8. Whether or not further discover contemplated, and, if so, a description of it. (Effective July 1, 2017; Rule 2.5.6 renumbered effective January 1, 2006; adopted as Rule 8.6 effective July 1, 1999) 2.5.7 Further Settlement Conferences Before Trial To ensure a meaningful settlement conference prior to trial, the court may set the matter for further settlement conferences prior to the date set for trial, or, with the consent of the Civil Supervising Judge, may remove the case from the trial calendar and order the parties to obtain a new settlement conference and trial date. (Effective July 1, 2017; Rule 2.5.7 renumbered effective January 1, 2006; adopted as Rule 8.7 effective January 1, 1997) RULE 2.6 TRIAL READINESS 2.6.1 Meet and Confer In all civil cases, except short cause cases, the attorneys for the parties shall meet and confer at least five (5) days prior to the date set for trial in order to accomplish the following: A. All in limine motions and motions for judgment on the pleadings shall be in writing and exchanged by the parties. The trial court will not hear oral in limine motions or those not exchanged except for good cause shown. B. If a jury has been requested, the parties shall prepare and exchange proposed jury instructions and shall prepare a jointly signed neutral statement of the case. C. If a jury has not been requested, the parties shall prepare and exchange trial briefs. The trial court will not accept trial briefs not exchanged except for good cause shown. D. The parties shall identify and list the proposed exhibits, and exchange such lists. E. The foregoing papers shall be e-filed before trial readiness and submitted to the assigned trial judge immediately after trial readiness per Local Rule 2.6.2D. (Effective January 1, 2026; Rule 2.6.1 renumbered effective January 1, 2006; adopted as Rule 9.1 effective January 1, 1998) 2.6.2 Trial Readiness Hearing A. Except for short cause cases, the Civil Supervising Judge shall set and conduct a trial readiness hearing on the Friday prior to the date set for trial. The Civil Supervising Judge, in their discretion, may excuse a case from the trial readiness hearing. B. The trial attorney for the case shall be personally present. The only exception shall be where the trial attorney is engaged in another trial at the same time as the settlement conference, in which case another attorney from the trial attorney’s office shall attend, who is fully familiar with the facts of the case and has full authority to settle and who has discussed the case thoroughly with the client prior to the settlement conference. C. No party may appear remotely unless previously approved by the Civil Supervising Judge on a showing of extenuating circumstances. D. The parties shall provide the Court with the following documents at the Trial Readiness Hearing: motions in limine, motions for judgment on the pleadings, proposed jury instructions, a joint neutral statement of the case, trial briefs, exhibit lists and witness lists. E. All parties to Unlimited and Limited Civil Cases for which a Trial Readiness Hearing has been calendared are required to attend a mandatory settlement conference at the time and place of the Trial Readiness Hearing. The settlement conference shall be subject to the provisions of Local Rule 2.5.5. (Effective January 1, 2026; Rule 2.6.2 renumbered effective January 1, 2006; adopted as Rule 9.2 effective July 1, 2000) (Rule 2.6 renumbered effective January 1, 2006; adopted as Rule 9 effective July 1, 1992) RULE 2.7 EX PARTE APPLICATIONS 2.7.1 Format and Filing A. All applications for ex parte orders failing to comply with Rules 3.1200 through 3.1207 of the California Rules of Court will be rejected. Parties making ex parte applications should obtain a date and time for the hearing of the application from the law and motion clerk. Parties making ex parte applications may also obtain a date and time for hearing of the application at the filing counter in the civil clerk’s office upon presentation of moving papers and payment of appropriate fees. B. The party seeking an ex parte order must submit the application and all supporting papers and fees to the Clerk for filing not later than 2:00 p.m. on the day preceding the hearing, if the hearing is set in the morning, and not later than 9:00 a.m. on the date of the hearing, if the hearing is set in the afternoon. (Effective January 1, 2024; Rule 2.7 renumbered effective January 1, 2006; adopted as Rule 10 effective July 1, 2000) 2.7.2 Cases in Which Hearings Not Required An ex parte application will be considered without a hearing in the following cases: 1. Application to file a memorandum of points and authorities in excess of the applicable page limit; 2. Stipulation by the parties for an order; 3. Application for appointment of a guardian ad litem in a civil case; 4. Application for an order extending time to serve pleading; 5. Application to serve by publication; 6. Extension of time by the court pursuant to the Superior Court of Fresno County, Local Rules, rule 2.1.6; 7. Motion to continue trial pursuant to the Superior Court of Fresno County, Local Rules, rule 2.1.10; 8. Application to substitute Doe under CCP 474. 9. Application for Certificates of Merit and Findings of Merit under CCP 340.1. (Effective July 1, 2023; adopted as Rule 2.7.2 effective July 1, 2008) RULE 2.8 MISCELLANEOUS CIVIL RULES 2.8.1 Jury Fees A. Fees Due. A party demanding a jury in a civil case shall pay the nonrefundable jury fee mandated by Code of Civil Procedure section 631, unless the fee has been paid by another party on the same side of the case. For the purposes of this rule, all plaintiffs will be considered one side of the case, and all other parties will be considered the other side of the case. Payment of the fee by a party on one side of the case will not relieve parties on the other side of the case from waiver of trial by jury. B. Time Due. Jury fees shall be due on or before the date scheduled for the initial case management conference in the action. If no case management conference is scheduled in a civil action, the fee shall be due no later than 365 calendar days after the filing of the initial complaint. If the party requesting a jury has not appeared before the initial case management conference, or first appeared more than 365 calendar days after the filing of the initial complaint, the fee shall be due 25 calendar days before the date initially set for trial. In unlawful detainer actions, or other case entitled to priority setting, the fees shall be due five days before the date set for trial. C. Waiver. Failure to timely pay jury fees as set forth above shall constitute a waiver of trial by jury, unless another party on the same side of the case has paid the fee. (Effective July 1, 2025; Rule 2.8.1 renumbered effective January 1, 2006; adopted as Rule 11.1 effective January 1, 1997) 2.8.2 Use of Interpreters In civil or small claims matters interpreter services are available in the priority order of case types listed below: 1. Protective order sought in family law domestic violence cases, in elder or dependent adult physical abuse or neglect cases, or in civil harassment cases; 2. Unlawful detainers; 3. Termination of parental rights; 4. Conservatorship or guardianship; 5. Actions by a parent to obtain sole legal or physical custody of a child or visitation; 6. Elder/dependent adult abuse cases NOT involving physical abuse or neglect, or all other civil harassment proceedings; 7. All other family law (i.e., family law cases not involving domestic violence, sole legal or physical custody, or visitation); 8. All other civil cases (based on availability of interpreters). If interpreter services are not available, parties may contact the Court’s interpreter coordinator for information about how to make other arrangements for interpreting services. (Effective January 1, 2018; Rule 2.8.1 renumbered effective January 1, 2006; adopted as Rule 11.2 effective January 1, 1997) 2.8.3 Attorney’s Fees A. Attorney’s fees in default cases, when allowable in designated cases, shall be fixed in accordance with Appendix A1, except as otherwise ordered by the court. B. When an attorney is appointed to represent a party in designated cases, the attorneys’ fees are governed by the Fresno County Courts Appointed Counsel/Expert General Claim Processing Practices (FCCAC/EGCPP), a copy of which is available from the Clerk. (Rule 2.8.3 renumbered effective January 1, 2006; adopted as Rule 11.3 effective January 1, 2005) 2.8.4 Compromise of Claims of Minors or Incompetent Persons A. Petitions to compromise the claims of minors or incompetent persons shall be made on the appropriate Judicial Council forms, in accordance with Rule 7.950, et seq., of the California Rules of Court. Such petitions will be calendared for hearing in accordance with Probate Code section 3505, and thus should be filed with no hearing date reserved beforehand. The calendar clerk will schedule the petition for hearing and will notify the moving party of the hearing date, time and department. If the moving party has not received this notification within five (5) court days, they may contact the Law and Motion clerk. If the original petition is denied without prejudice and the petitioner wishes to renew the request, the petitioner must file an amended petition, with appropriate supporting papers and proposed orders. B. If the court enters an Order to Deposit Funds in Blocked Account (MC-355), the court will set an order to show cause hearing within ninety (90) days to monitor the deposit of the funds. The order to show cause hearing would come off calendar if an Acknowledgment of Receipt of Order and Funds for Deposit in Blocked Account (MC-356) is filed at least ten (10) court days before the order to show cause hearing. C. If a petition to withdraw from deposit is made: 1. The certificate of deposit must have been completed and filed prior to filing of the petition for withdrawal. 2. In the event the petition to withdraw funds is based upon the denial of a public agency providing public assistance to provide funds because of the existence of the account, a copy of the written notice from the agency concerned, so stating, shall be attached to the petition. D. If an order for withdrawal of funds is made, within fifteen (15) days from the date of the order, a declaration of expenditures made with the funds shall be filed with the Clerk. E. Attorney’s fees, if awarded, shall be awarded in conformity with Rule 7.955 of the California Rules of Court. In computing fees, parents claiming reimbursement for medical and other expenses shall pay their proportionate share of the attorneys’ fees, except in cases of hardship. (Effective January 1, 2024; Rule 2.8.4 renumbered effective January 1, 2006; adopted as Rule 11.4 effective July 1, 2002) 2.8.5 Court Reporter Fees A. In any civil case in which a trial or hearing is expected to last more than one (1) hour, but not more than four (4) hours, and official reporting services (by court reporter or electronic recording) are required, the parties shall deposit with the Clerk their pro rata shares of the fee for one-half (1/2) day of official reporting services. B. In any civil case in which a trial or hearing is expected to last more than four (4) hours and official reporting services are required, the parties shall deposit with the Clerk their pro rata shares of the fee for one (1) full day of official reporting services. C. The fee shall be deposited no later than the conclusion of each day’s court session. The fee for any subsequent day of the trial or hearing shall be deposited with the Clerk not later than the conclusion of each day’s court session. D. Attorneys must be prepared to produce receipts for fees on demand of the court or the trial or hearing may not proceed at the discretion of the Court. (Effective January 1, 2008; Rule 2.8.5 renumbered effective January 1, 2006; adopted as Rule 11.5 effective July 1, 2000) 2.8.6 Firearms Forfeiture Default On a petition for order of default regarding a firearms forfeiture pursuant to Welfare and Institutions Code § 8102, subdivision (g), the agency seeking the default shall file their petition for default ten (10) court days preceding the date set for the hearing. (Effective January 1, 2008; Rule 2.8.6 (was 2.8.7) renumbered effective January 1, 2016) 2.8.7 Petitions for Approval of Transfers of Structured Settlements A. All parties to a petition for approval transferring structured settlement payments must appear at the hearing on such petitions, including the payee and the payee’s counsel (if any). The petitioner filing a petition for approval of transfer of any structured settlement payments pursuant to Insurance Code § 10134 et seq. shall include with their petition the following information and documents. 1. The jurisdiction and case number of any other petition by the petitioner seeking approval to purchase any structured settlement payments from the payee; 2. A copy of the entire court file for any prior petition by the petitioner seeking approval for purchase of any structured settlement payments from the payee; 3. A declaration from the payee’s counsel wherein he or she provides the total number of and lists all other petitions (along with their case numbers and court) wherein he or she has represented a payee who attempted to sell payments to the same petitioner; 4. A declaration from the payee’s attorney listing any professional, financial, or personal relationship with the petitioner’s employees or petitioner’s counsel, past or present, as well as how counsel first came into contact with the payee if other than by a referral from a bar association as described in the statute; 5. A declaration from the petitioner describing any contacts by its personnel with the payee’s counsel, including copies of each written communication; 6. A declaration from any of petitioner’s personnel having contact with the payee describing all communications, to include any and all documentation of such communications whether on paper or stored electronically; 7. A declaration from petitioner as to any communications it conducted or facilitated with the annuity issuer, owner, or beneficiary, and a copy of all such communications whether on paper or stored electronically; 8. A declaration from petitioner which includes all documents it plans to or has used with regard to the attempted purchase of any structured settlement payments from the payee, including UCC filings. If such documents exist whether on paper or stored electronically, they are to be attached. (Effective July 1, 2010; Rule 2.8.7 (was 2.8.8) renumbered effective January 1, 2016) (Rule 2.8 renumbered effective January 1, 2006; adopted as Rule 11 effective July 1, 1992) RULE 2.9 UNLAWFUL DETAINER CASES 2.9.1 Case Disposition Time The court shall endeavor to dispose of all unlawful detainer cases as follows: 90% within thirty (30) days after filing; and 100% within forty-five (45) days after filing. (Rule 2.9.1 renumbered effective January 1, 2006; adopted as Rule 12.1 effective July 1, 2000) 2.9.2 Notice of Dismissal Hearing Approximately two (2) weeks after the filing of the case Clerk will issue a Notice of Dismissal Hearing to plaintiff, designating a date for a Dismissal Hearing that is within 45 days after the filing of the complaint. (Effective July 1, 2010; Rule 2.9.2 renumbered effective January 1, 2006; adopted as Rule 12.2 effective May 14, 2001) 2.9.3 Service and Filing of Proof of Service Within fifteen (15) days from the date the unlawful detainer complaint was filed, plaintiff shall serve all named defendants and file proof of service with the court or shall file an application for a posting order, unless a responsive pleading has been filed. (Rule 2.9.3 renumbered effective January 1, 2006; adopted as Rule 12.3 effective May 14, 2001) 2.9.4 Request to Set Case for Trial Within twenty-five (25) days after the date the unlawful detainer complaint was filed, plaintiff shall file a Request to Set Case for Trial, unless there has been a final disposition of the case or a notice of settlement or stay has been filed. The Request to Set Case for Trial shall be submitted on a form which is available from the Clerk’s Office or on the court’s website. By filing a Request to Set Case for Trial a party represents that the case is at issue and will be ready to proceed to trial on the date assigned. (Effective July 1, 2010; Rule 2.9.4 renumbered effective January 1, 2006; adopted as Rule 12.4 effective May 14, 2001) 2.9.5 Dismissal Hearing A. Plaintiff shall attend the Dismissal Hearing, either in person or by remote appearance. At the hearing, the status of the case will be discussed, including whether the case should be set for trial or dismissed. Appropriate orders will be made. B. Failure of the plaintiff to appear may result in dismissal or the case. C. A dismissal hearing will be taken off calendar if a trial date has been set, a Request to Set Case for Trial has been filed, or there has been a final disposition of the case. A dismissal hearing will be continued if a notice of settlement or stay has been filed with the court prior to the date of the dismissal hearing. If any of these conditions exists, 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. (Effective January 1, 2023; Rule 2.9.5 renumbered effective January 1, 2006; adopted as Rule 12.5 effective May 14, 2001) 2.9.6 Assignment of Case for Trial If the Request to Set Case for Trial complies with these rules in all respects, the Clerk shall assign the case for trial within twenty (20) days after the date the Request to Set Case for Trial was filed, and mail notice of the trial date to the parties at least ten (10) days before the trial date. (Effective July 1, 2010; Rule 2.9.6 renumbered effective January 1, 2006; adopted as Rule 12.6 effective May 14, 2001) 2.9.7 Hearing to Prove Damages A. After a Clerk’s judgment for restitution of the premises has been entered, a plaintiff seeking to recover money damages shall set the case for a hearing to prove damages within six (6) months after the judgment is entered. B. A personal appearance will not be required if a declaration is submitted pursuant to § 585(b) and (d) of the Code of Civil Procedure. (Rule 2.9.7 renumbered effective January 1, 2006; adopted as Rule 12.7 effective July 1, 2000) 2.9.8 Undertaking for Immediate Possession of Premises Unless otherwise ordered by the court, the minimum amount of undertaking required for an order for immediate possession of premises, pursuant to § 1166a of the Code of Civil Procedure, shall be ten (10) times the amount of monthly rental, but not less than $500.00. (Rule 2.9.8 renumbered effective January 1, 2006; adopted as Rule 12.8 effective July 1, 2000) 2.9.9 Judgment When a judgment for restitution or possession of the premises under Code of Civil Procedure § 1169 or 1174 is prepared and submitted by plaintiff, it shall describe with reasonable certainty the real property that is the subject of the judgment, giving its street address (including the zip code), if any, or other common designation, if any. (Rule 2.9.9 renumbered effective January 1, 2006; adopted as Rule 12.9 effective January 1, 2003) 2.9.10 Notice of Restricted Access Each plaintiff who files an action for Unlawful Detainer, for which a Notice of Restricted Access must be mailed to the defendants pursuant to Code of Civil Procedure § 1161.2(c), must provide to the court prior to the time of filing the action, (1) a separate stamped, legal-size envelope addressed to each defendant named in the action at the address provided in the complaint, and (2) a stamped, legal-size envelope addressed to “All Occupants” at the subject premises. (Effective January 1, 2018; Rule 2.9.10 renumbered effective January 1, 2006; adopted as Rule 12.10 effective January 1, 2005) RULE 2.10 SMALL CLAIMS CASES 2.10.1 Case Disposition Time The court shall endeavor to dispose of all small claims cases as follows: 90% within seventy (70) days after filing; and 100% within ninety (90) days after filing. (Rule 2.10.1 renumbered effective January 1, 2006; adopted as Rule 13.1 effective July 1, 2000) 2.10.2 Unserved Defendants A. If proof of service on the defendant in a small claims case has not been filed by the date set for trial, the case will not be heard on that date. The court or the Clerk may reset the case for trial. B. If more than one defendant is named in the plaintiff’s claim, and proof of service as to some, but not all, of the defendants has been filed prior to the date set for trial, the court may continue the trial of the case as provided in § 116.570 of the Code of Civil Procedure, or trial may proceed only as to those defendants who have been served. The court or the Clerk may reset the case for trial as to any remaining defendants. (Rule 2.10.2 renumbered effective January 1, 206; adopted as Rule 13.2 effective July 1, 2000) 2.10.3 Untimely Small Claims Appeals No notice of appeal from a small claims judgment shall be accepted for filing after the statutory period for filing such an appeal has expired, unless a writ of mandate ordering the Clerk to file the notice of appeal has been issued. (Rule 2.10.3 renumbered effective January 1, 2006; adopted as Rule 13.3 effective July 1, 2001) (Rule 2.10 renumbered effective January 1, 2006; adopted as Rule 13 effective July 1, 1992) (Chapter 2 amended effective January 1, 2006; adopted as II 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.