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Chapter 4 (Rules 4.1 to 4.2.5): facsimile filing under rule 2.300 et seq. of the California Rules of Court by self-represented litigants in civil, probate and family law, of specified documents in juvenile cases, and of only the following documents in a criminal case, fax filings accepted during normal business hours (8:00 a.m. through 4:00 p.m.), and a fee of $1.00 for each page (4.1.1); mandatory electronic filing by represented parties in all civil (including unlawful detainer initial filings), family law, and probate actions under Code of Civil Procedure § 1010.6(g), self-represented parties encouraged, a prosecuting agency's charging documents and arrest warrants and dependency filings by the Department of Social Services electronically, permissive electronic filing in juvenile criminal, infraction and criminal motion cases, no electronic filing of amended charging documents, Criminal Protective Orders or subsequent filings into confidential case types, a document received electronically on a court day deemed filed that court day, a fully searchable .pdf with electronic bookmarks, the documents that may not be filed electronically, the original will deposited within ten (10) court days, and a Labor Commissioner appeal bond delivered within ten (10) court days (4.1.2); a Notice of Remote Appearance (form RA-010), with the Declaration of Notice or a proof of service, for each hearing at which a party intends to appear remotely, a proposed Order Regarding Remote Appearance (form RA-020) not required, the camera on, a party appearing by “CourtCall” to contact CourtCall by 11:00 a.m. the day of the hearing, and all attorneys and parties personally present for Mandatory Settlement Conferences, Trial Readiness, and Trial (4.1.2(D)); confidential records designated through the “confidential security group” option, the filing party to indicate in the “Comments to Court” field the legal authority that mandates the confidentiality, or the records submitted physically with a cover sheet (4.1.3); lodged records clearly identified with a cover sheet, and no electronic storage media lodged in any unlimited or limited civil action without a court order (4.1.4); no records filed under seal without a court order, the records lodged conditionally under seal and a public redacted version filed (4.1.5); a document preparer to print the preparer's name, address and telephone number on a separate sheet of paper, served and filed (4.1.6); no attorney or party to contact any judge directly by e-mail concerning a pending case (4.1.7); requests for media coverage under California Rules of Court, Rule 1.150 (4.1.8); proposed jury instructions submitted on the first day of trial, CALCRIM or CACI wherever applicable (4.1.9); the party to prepare and serve a transcript of a sound recording, with a copy of the recording, at least two (2) weeks before trial (4.1.10); permission of the judge before a party may bring dangerous, large or bulky exhibits into the courthouse, and each exhibit securely sealed, identified and individually tagged (4.1.11); juror lists not reproduced and returned to the Court (4.1.12); access to jurors' declarations on application (4.1.13); court reporters to file all appellate and court ordered transcripts electronically via YesLaw (4.1.14); the court communication protocol for Domestic Violence and Child Custody Orders, criminal protective orders to take precedence over other contact orders (4.1.15); and appeals to the Appellate Division decided by a majority of a three (3) judge panel, briefing and hearing dates set by the court, the court elects to use the original trial court file as the record, and no hearing calendared when no oral argument is requested in appropriate cases (4.2 to 4.2.5).
CHAPTER 4. MISCELLANEOUS RULES RULE 4.1 RULES OF GENERAL APPLICATION 4.1.1 Facsimile Machine (FAX) Filing and Notification A. The Superior Court of California, County of Fresno hereby adopts rule 2.300 et seq. of the California Rules of Court, allowing for facsimile filing of civil, probate and family law documents by self-represented litigants. The Superior Court of California, County of Fresno a
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 87 to 104, printed pages 4-1 to 4-18) 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.
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 4. MISCELLANEOUS RULES RULE 4.1 RULES OF GENERAL APPLICATION 4.1.1 Facsimile Machine (FAX) Filing and Notification A. The Superior Court of California, County of Fresno hereby adopts rule 2.300 et seq. of the California Rules of Court, allowing for facsimile filing of civil, probate and family law documents by self-represented litigants. The Superior Court of California, County of Fresno also allows for facsimile filing of specified documents in juvenile cases as set out in California Rules of Court 5.522. The Superior Court of California, County of Fresno allows for facsimile filing of only the following documents in a criminal case: the Declaration of Conflict of Interest executed under oath by the Fresno County Public Defender or appointed counsel; a proposed Order Substituting Attorney of Record for Defendant, FCR-33, or a proposed Order Substituting Attorney of Record for Defendant (Multiple Defendant Case), FCR-34; Petitions for Revocation of Supervision, and Warrants for Revocation of Supervision. B. Fax filings will be accepted during normal business hours. A document may be faxed to the court at any time of the day. Acceptance of the document for filing with the court shall be deemed to occur: 1. On the date the document was faxed to the court if the submission occurred during normal business hours of the Clerk’s Office; and, 2. On the next business day the Clerk’s Office is open for business if the submission occurred after normal business hours of the Clerk’s Office. For purposes of this section, normal business hours shall be 8:00 a.m. through 4:00 p.m., Monday through Friday, excluding court holidays. Nothing in this section shall limit the clerk’s ability to reject filings. C. A party who has established a filing fee account in advance may file pleadings and documents by facsimile machine directly with the Clerk. All such filings must fully comply with the provisions of the California Rules of Court. Any party electing to file by facsimile shall be deemed to have consented to service of notices by the Court by facsimile machine. The Fresno County Public Defender and appointed counsel are exempt from this requirement. D. In addition to other fees imposed by law, a party filing by fax directly with the court shall pay a fee of $1.00 for each page of the paper. E. Any document received with missing or partial pages, or other facial defects, shall not be filed but shall be returned by the Clerk to the sending party by mail. F. Where these rules require notification by letter, to court or counsel, such notification may be by fax. The court has several fax numbers, and notification to a specific judge shall be addressed to him or her by name and shall be transmitted to the fax number nearest his or her chambers. G. A list of fax numbers may be obtained from the Clerk by a fax request to (559) 457-1624, citing this rule. (Effective July 1, 2020; Rule 4.1.6 (now 4.1.1) renumbered effective January 1, 2021; adopted as Rule 20.6 effective July 1, 2000) 4.1.2 Electronic Filing A. Mandatory Electronic Filing 1. Pursuant to Code of Civil Procedure § 1010.6(g), documents filed by represented parties or entities, including but not limited to an attorney representing the public interest such as the District Attorney’s office, the Attorney General’s office and the Department of Child Support Services, in all civil (including unlawful detainer initial filings), family law, and probate actions must be filed electronically unless the Court excuses parties from doing so. Although not required, self-represented parties are encouraged to participate in electronic filing and service. 2. Charging Documents in Adult Criminal Cases: A prosecuting agency shall electronically file charging documents (the criminal complaint, information, will prosecute, and/or indictment) in all adult Felony, Misdemeanor, and Domestic Violence cases, including Arrest Warrants. Additional documentation normally filed in conjunction with charging documents must also be filed electronically. Criminal charging documents filed after 4:00 p.m. will be processed on the next business day, and deemed filed as of the day submitted for filing pursuant to Code of Civil Procedure § 1010.6(b)(3). 3. Criminal Failure to Appear/Past Time to File Arrest Warrants: A prosecuting agency shall electronically file Arrest Warrants excluding Criminal Infractions. 4. Dependency Cases: Department of Social Services shall electronically file documents in dependency cases. Additional documentation normally filed in conjunction with dependency petitions must also be filed electronically. B. Permissive Electronic Filing 1. Charging Documents in Juvenile Criminal Cases: Petitions may be filed electronically in juvenile criminal cases. 2. Documents in Infraction Cases: Any party to an infraction case may electronically file documents, unless prohibited under Rule 4.1.2(C). 3. Criminal Motions: Parties, including self-represented parties, are encouraged to electronically file all motions, oppositions, briefs, and any other moving papers for Criminal cases unless prohibited under Rule 4.1.2(C). For motions requiring prior department approval pursuant to the procedure for other motions set forth in Rules 3.5.1A and D, an electronic form is available on the Fresno County Superior Court’s website to be completed and submitted to the department for prior approval. Motions currently requiring a filing fee (i.e. Bond Forfeiture Motions) will be assessed as part of the electronic filing process, including secondary filing fees per the current fee schedule. 4. Criminal Failure to Appear/Past Time to File Arrest Warrants: Law Enforcement Agencies may file Arrest Warrants electronically excluding Criminal Infractions. C. Prohibited Electronic Filing No electronic filing is permitted for criminal or juvenile cases, other than those filings described in Rules 4.1.2A and 4.1.2B, including amended charging documents, dismissed and re-filed charging documents, consolidated charging documents, Criminal Protective Orders, or subsequent filings into confidential case types including confidential name change, developmentally disabled and dangerous, forfeiture of confiscated weapon, involuntary medication, mental health, Murphy LPS conservatorship, petition to consent for medical treatment, petition for Electroconvulsive Therapy (ECT), Riese hearing, relief of firearm prohibition, certificate of rehabilitation and pardon, sexual violent predator, TB petition, petition for consent LPS conservatorship, writ of habeas corpus, adoption, appointment of confidential intermediary, petition to declare minor free, petition to establish parental relationship, set aside declaration of paternity, surrogacy, termination of parental rights, and unseal birth records. Criminal motions for case types which are currently prohibited from being electronically filed (Criminal Writ of Habeas Corpus, Relief of Firearms Prohibition, Forfeiture of Confiscated Deadly Weapon, Certificate of Rehabilitation and Pardon, Involuntary Medication, Sexually Violent Predator). D. Rules Applicable to Eligible Case Types 1. Method. The electronic filing of documents must be effected using the Court’s electronic service providers. Electronic service provider information is available on the Court’s website at www.fresno.courts.ca.gov 2. Costs. If a party with a fee waiver files documents electronically, that party is exempt from the fees and costs associated with the electronic filing. 3. Confidential Documents. Documents filed as confidential shall be designated as such by selecting the “confidential security group” security option on the filing details prompt in the Court’s electronic system. This rule is subject to the provisions set forth in Code of Civil Procedure § 1010.6, California Rules of Court, rules 2.250 through 2.259 and Local Rules 4.1.3 and 4.1.4. 4. Time deemed filed. For purposes of electronic filing of documents, pursuant to Code of Civil Procedure § 1010.6(b)(3), any document received electronically by the Court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a non-court day shall be deemed filed on the next court day. This provision concerns only the method and effective date of filing; any document that is electronically filed must satisfy all other legal filing deadlines and requirements. This rule does not affect the timing requirements for any documents that must be filed by a set time on the due date. 5. Format. The Court requires that electronic filing of documents be effected using a fully searchable .pdf file and include electronic bookmarks to each heading, subheading and component (including the table of contents, table of authorities, petition, verification, points and authorities, declaration, and proof of service if included), and to the first page of each exhibit or attachment, if any. Each bookmark to an exhibit or attachment shall include the letter or number of the exhibit or attachment and a description of the exhibit or attachment. If exhibits or attachments are submitted in multi-part electronic files, each separate file must have its own table or index of the contents of the file. 6. Conformed copies. When electronically filing Family Law documents required to be mailed by the court to the opposing party (such as Request to Enter Default, Notice of Entry of Judgment, Request for Status Conference, etc.) the Court requests that the following be provided to and received by the Court no later than the day prior to electronically filing: a. Two printed copies of document(s) to be conformed. b. Envelopes with sufficient postage addressed to both parties, or their attorney. 7. Remote Appearance. A Notice of Remote Appearance (form RA-010), along with the Declaration of Notice or a proof of service, shall be filed for each hearing at which a party intends to appear remotely. A proposed Order Regarding Remote Appearance (form RA-020) is not required to be filed. In response to the filing, attorneys or parties will receive appropriate information from the Court via the email address provided in the Notice. When your case is called, your camera must be on. If your camera is off, you may be dropped from the hearing. Consistent with your Notice, you must “conduct yourself as though appearing in court in person.” “Conduct” means an appropriate background, lack of noise and other distractions and professional dress. Per Local Rule 2.2.4, any party appearing telephonically by “CourtCall,” must contact CourtCall by 11:00 a.m. the day of the hearing. If the party does not, the remote appearance shall be denied and the party must appear in court in person. Per Local Rules 2.5.5 and 2.6.2(B), and unless otherwise excused (see Local Rule 2.6.2(C)), all attorneys and parties shall be personally present for all trial related dates including Mandatory Settlement Conferences, Trial Readiness, and Trial. The Court has determined that in person appearances for those matters would materially assist the Court in the determination of the proceeding and in the effective management or resolution of the case. (Local Rule 1.1.12 and Code Civ. Proc. § 367.75, subd. (b)(3).) Remote appearances are permitted in civil harassment proceedings as authorized by Code of Civil Procedure section 527.6 and Family Code section 6308. Parties may appear by the designated audio or video platform identified by the Court, including CourtCall or any other vendor approved by the Court. Remote appearance information will be provided to the attorneys or parties at the email address listed in the Notice of Remote Appearance. All Notices in harassment proceedings shall be submitted as set forth in these Local Rules. The Court may, at any time and in its discretion, require an attorney or party to appear in person. If a personal appearance is required, the attorney or party will be notified by minute order, tentative ruling, or any other means designated by the Court. E. Limitations on Filings Notwithstanding any other provision of law or this rule, the following documents may not be filed electronically. 1. Affidavit re: Real Property of Small Value; 2. Bonds (except as detailed in Local Rule 4.13G); 3. Documents for cases under seal; 4. Labor Commissioner deposit of cash or check (see Local Rule 4.1.2G for details); 5. Subpoenaed documents; 6. Undertakings (except as detailed in Local Rule 4.1.2G); and 7. Wills/Codicils; or 8. Any exhibits that cannot be accurately transmitted via electronic filing due to size or type. F. Upon e-filing a petition to Probate a Decedent’s Estate, a Spousal or Domestic Partner Property Petition or a Petition to Determine Succession to Real Property, the original will must be deposited with the clerk’s office within ten (10) court days to avoid the fee associated for depositing a will. G. Labor Commissioner Appeals Upon e-filing an appeal of a decision, order, or other award of the Labor Commissioner in the Civil Division pursuant to Labor Code § 98.2(a), where the filing party is initiating the action has obtained a bond or undertaking, the bond or undertaking documentation must be e-filed with the initiated case in order to comply with Labor Code § 98.2(b). Pursuant to California Rules of Court 2.252(e), the original bond or undertaking must then be delivered to the Court within ten (10) court days. Failure to do so can have consequences on the ability of the appeal to move forward. A party filing such an appeal of a decision, order, or other award of the Labor Commissioner in the Civil Division pursuant to Labor Code § 98.2(a), where the filing party is initiating the action will be depositing cash or a check to satisfy the requirements of Labor Code § 98.2(b) will be excused from the mandatory e-filing requirements set forth in Rule 4.1.2A. Such a filing must be directly filed with the Court outside of the e-filing system. (Effective July 1, 2026 adopted as Rule 4.1.13 effective January 1, 2016) 4.1.3 Records Confidential By Law A. A “confidential” record is a record that, in court proceedings, is required by statute, rule of court, or other authority (except a court order under California Rules of Court, rules 2.550-2.551 or rule 8.46) to be closed to inspection by the public or a party. B. Records required to be kept confidential as a matter of law may be submitted to the court electronically through the court’s e-filing system or physically through the clerk’s office or drop box. Failure to use the below procedure for filing confidential records will result in the records being rejected. 1. Documents filed as confidential shall be designated as such by selecting the “confidential security group” security option on the filing details prompt in the Court’s electronic system. Records not designated “confidential” in the e-filing process will automatically be accessible to the public. When submitting confidential records through e-filing, the filing party must indicate the legal authority that mandates the confidentiality of the record in the “Comments to Court” field. 2. Records may be submitted for filing by physically submitting to a clerk’s office, if the clerk’s office is open. If the clerk’s office is not open, records may be deposited at a court drop box. If the records will not fit in the drop box, the party lodging them must contact the clerk of the assigned department and make arrangements for the physical delivery of the records. [Do not send records to be lodged to either the clerk’s office or any department via mail or overnight delivery service without prior arrangement.] When submitting confidential records physically, the filing party must attach a cover sheet stating the case title, case number, and “CONFIDENTIAL [basis] – May Not Be Examined Without Court Order.” The basis must be a citation to or other brief description of the statute, rule of court, case, or other authority that establishes that the record must be closed to inspection in the court proceeding. C. This rule does not apply to any case type that does not permit e-filing. (Effective January 1, 2021, New) 4.1.4 Lodging Items With the Court A. Pursuant to California Rule of Court, rule 2.550(b)(3), a “lodged” record is a record that is temporarily placed or deposited with the court, but not filed. (Lodged records are a limited exception to mandatory e-filing.) B. Records may be lodged with the court by submitting them to the court electronically through the court’s e-filing system or physically through the clerk’s office or drop box. Failure to use the procedure for lodging records specified in California Rule of Court, rule 2.551(d) will result in the records being rejected. 1. All records submitted for lodging must be clearly identified as such. The party submitting the lodged record must affix to the electronic transmission, the envelope, or the container a cover sheet that: a. Contains all the information required on a caption page under California Rule of Court, rule 2.111; and b. If lodged in connection with a motion to seal, is marked “CONDITIONALLY UNDER SEAL” and states the enclosed record is subject to a motion or an application to file the record under seal; or c. If lodged for trial, is marked “LODGED FOR TRIAL [date] [department] – DO NOT FILE;” or d. If lodged for any other reason, is marked “LODGED RECORD [purpose] – DO NOT FILE.” The purpose must be a short description of the reason for lodging the records and any related court date. 2. Records lodged through e-filing must be designated “confidential” during the e-filing process. Documents submitted for lodging shall be designated as such by selecting the “confidential security group” security option on the filing details prompt in the Court’s electronic system. When submitting records for lodging through e-filing, the filing party must provide the following information in the “Comments to Court” field, as applicable: 1) the reason for lodging (ex. pending motion to seal, lodged for trial); and 2) any related court date (ex. motion on [date], trial: [date]). Records not designated “confidential” in the e-filing process will automatically be accessible to the public. 3. If the materials are submitted physically, the envelope or container lodged with the court must be labeled “CONDITIONALLY UNDER SEAL.” Records may be lodged by physically submitting them to a clerk’s office, if the clerk’s office is open. If the clerk’s office is not open, records may be deposited at a court drop box. If the records will not fit in the drop box, the party lodging them must contact the clerk of the assigned department and make arrangements for the physical delivery of the records. If no department has been assigned, the submitter must contact the clerk’s office by phone to make arrangements for delivery of the records. [Do not send records to be lodged to either the clerk’s office or any department via mail or overnight delivery service without prior arrangement.] C. The clerk’s office will not accept electronic storage media for lodging in any unlimited civil or limited civil action, unless pursuant to a court order. “Electronic storage media” includes internal and external hard drives, CDs, DVDs, Floppy Disks, USB drives, ZIP disks, magnetic tapes, SD cards, and any other similar purposed device. D. Lodged records will be returned to the tendering party after the resolution of the calendared matter, unless the party requests their destruction. Therefore, when submitted, lodged records must be accompanied either by a self-addressed envelope with sufficient postage or, if the clerk’s offices are open, an attorney service pick-up slip. Following the return of the lodged documents by the court, the tendering party should retain them until the applicable appeal period has expired. (Effective January 1, 2021, New) 4.1.5 Records Under Seal A. Pursuant to California Rule of Court, rule 2.550(b)(3), a “sealed” record is a record that by court order is not open to inspection by the public. This rule does not apply to records that are required to be kept confidential by law. B. Parties seeking to file records under seal must follow California Rules of Court, rules 2.550 and 2.551. No records may be filed under seal without a court order. The court will not permit a record to be filed under seal based solely on the agreement or stipulation of the parties. C. An order allowing filing records under seal will only be issued on noticed motion, or, in the appropriate circumstances, ex parte application. In civil cases, the party seeking the sealing order must obtain a date and time for the hearing of the motion or application from the law and motion clerk. E-filed motions or ex parte applications without a calendared hearing date, department, and time will be rejected. D. The records that a party is requesting be placed under seal must be lodged conditionally under seal in conformity with California Rule of Court, rule 2.551(d) and Local Rule 4.1. when the motion or application is made, unless good cause exists for not lodging them or the records has previously been lodged. E. If the court denies the motion or application to seal, the moving party may notify the court that the conditionally lodged records are to be filed unsealed. This notification must be received within ten (10) days of the order denying the motion or application to seal, unless otherwise ordered by the court. On receipt of this notification, the clerk will unseal and file the record. If the moving party does not notify the court within ten (10) days of the order, the clerk will contact the moving party to arrange return of the lodged records to the moving party. [If the moving party does not make arrangements for the return of the records within thirty (30) days of a written notice to do so, the clerk will permanently delete the conditionally lodged records on the 15th day following the court’s order denying the motion or application to seal. F. Any motion or application, any opposition, and any supporting documents referring to material lodged conditionally under seal, or material that has been ordered sealed, must be filed in a public redacted version and lodged in a complete, unredacted version conditionally under seal. The cover of the redacted version must identify it as “Public—Redacts materials from conditionally sealed record” or “Public – Redacts Sealed Material,” as appropriate. (Effective January 1, 2021, New) 4.1.6 Identification of Document Preparers A. In this section: 1. “Document preparer” means a person, other than an attorney or an employee of an attorney, who prepares for compensation a paper for filing; and 2. “Paper for filing” means any paper, as defined in Rule 1.1.4, prepared for filing on behalf of a party. B. A document preparer who prepares a paper for filing shall print on a separate sheet of paper the preparer’s name, address, telephone number, FAX number and e-mail number, if any. This separate paper identifying the preparer shall be served on the opposing party, filed with the court, and identified in the proof of service. C. An attorney, or an employee of an attorney, who prepares a paper for filing as “in pro per” shall print on a separate piece of paper the preparer’s name, address, telephone number, FAX number and e-mail address, if any. This separate paper identifying the preparer shall be served on the opposing party, filed with the court, and identified on the proof of service. D. As an additional requirement, document preparers shall type their initials or the initials of their business and the runner numbers in the caption under the heading “Attorney or Party Without Attorney” on the face sheet of the moving papers. E. A document preparer shall, not later than the time at which a paper for filing is presented for the party’s signature, furnish to the party a copy of the paper. F. A document preparer shall not execute any paper on behalf of a party. G. Nothing in this rule shall be construed to permit activities that are otherwise prohibited by law, including rules and laws that prohibit the unauthorized practice of law. H. These requirements are in addition to those regarding legal document assistants set forth in the Business and Professions Code. (Rule 4.1.8 (now 4.1.6) renumbered effective January 1, 2006; adopted as Rule 20.8 effective July 1, 2000) 4.1.7 Electronic Mail Communication with the Court Consistent with the Canons of Ethics relating to Ex-Parte Communications with the court, an attorney for a party, or a party appearing in pro per, may direct electronic mail communications to the clerk of the department to which a case has been assigned, relating to a case pending before that court. However, unless otherwise approved by the court, consistent with the Canons of Judicial Ethics and the California Rules of Professional Conduct, no attorney or party to an action shall, either with or without prior notice to opposing counsel, contact any judge directly by e-mail concerning a case pending before the court, or a matter relating to a case pending before the court. (Rule 4.1.9 (now 4.1.7) renumbered effective January 1, 2006; adopted as Rule 20.9 effective January 1, 2005) 4.1.8 Requests to Conduct Media Coverage A. Requests for media coverage (photographing, recording or broadcasting of court proceedings by the media using television, radio, photographic or recording equipment) shall comply with the provisions of California Rules of Court, Rule 1.150. B. The court will rule on the request at the hearing. (Effective July 1, 2007; Rule 4.1.4 (now 4.1.8) renumbered effective January 1, 2006; adopted as Rule 20.4 effective July 1, 2000) 4.1.9 Jury Instructions and Verdict Forms A. Where there is a trial by jury, the parties shall request instructions by submitting proposed instructions to the trial judge on the first day of trial. The latest edition of CALCRIM or CACI (Judicial Council of California Civil Jury Instructions) forms shall be used wherever applicable. B. Proposed pattern jury instructions, which have been modified by a party, shall clearly indicate any proposed change. C. The party requesting a CALCRIM or CACI instruction which contains one or more blanks shall type in the blank space all the words required to adapt the form for use in the pending case. D. Instructions shall be submitted either on a form with a detachable top or in a multi-page format. If a form with a detachable top is used, the top portion of the instruction shall contain the name of the party upon whose behalf it is requested and citation to supporting authority. If that instruction is used, the detachable bottom of the form will be given to the jury for use during deliberations. If a multi-page format is used, one page shall contain the name of the party upon whose behalf it is requested and citation to supporting authority. A separate page or pages shall contain the instruction itself. If that instruction is used, only the page or pages containing the instruction itself will be given to the jury for use during deliberations. E. In civil cases each party shall submit proposed verdict forms suitable for used by the jury in the pending case. In criminal cases the court may order the prosecution to submit proposed verdict forms, including lesser offenses, suitable for use by the jury in the pending case. Each verdict must be submitted on a separate form, must contain the caption of the case, and must not indicate the party upon whose behalf the verdict is submitted. (Effective July 1, 2007; Rule 4.1.1 (now 4.1.9) renumbered effective January 1, 2006; adopted as Rule 20.1 effective July 1, 2004) 4.1.10 Sound Recordings to be Offered as Evidence at Trial A. Any party intending to offer a sound recording in evidence at trial shall prepare a transcript of the sound recording and serve such transcript and a copy of the recording on all other parties at least two (2) weeks before trial. Any party disputing the accuracy of the transcript shall prepare his or her own transcript of the sound recording identifying the disputed portions and serve that transcript on all other parties no later than three (3) days before trial. When disputed, the parties shall meet and confer in a good faith effort to resolve their differences. B. In the event that the differing versions cannot be resolved by the parties, they shall alert the Presiding Judge at the trial readiness hearing to reserve an appropriate amount of time in the assigned trial court to settle the dispute before summoning a jury panel. C. Nothing herein is intended to contravene the applicable rules of discovery or valid claims of confidentiality provided by law. If a party is entitled to maintain the confidentiality of a sound recording and chooses to do so until trial, a proposed settled transcript shall be lodged with the court when the sound recording is marked for identification. The opposing party shall be allowed a reasonable opportunity to listen to the sound recording, prepare a proposed transcript and lodge objections before the sound recording is received as evidence. D. Each transcript shall identify its preparer. In the event the sound recording is originally in a language other than English, the transcript will identify the preparer and include a certification by the person translating the sound recording from its original language into English. A preparer includes any person who reviewed the transcripts and confirmed its accuracy. E. The propounding party shall prepare a sufficient number of copies of the transcript for distribution as ordered by the court. (Effective January 1, 2025; Rule 4.1.2 (now .1.10) renumbered effective January 1, 2006; adopted as Rule 20.2 effective July 1, 2000) 4.1.11 Dangerous, Large or Bulky Exhibits A. Permission from the judge assigned to the hearing or trial must be obtained before a party may bring dangerous, large or bulky exhibits into the courthouse. If possible, the party should substitute a photograph, technical report, or dummy object for proposed exhibits which are either: 1. Inherently dangerous, such as: a. Firearms; b. Any type of explosive powder; c. Explosive chemicals, toluene, ethane; d. Explosive devices, such as grenades or pipe bombs; e. Flammable liquids such as gasoline, kerosene, lighter fluid, paint thinner, ethyl-ether; f. Canisters containing tear gas, mace; g. Rags which have been soaked with flammable liquids; h. Liquid drugs such as phencyclidine (PCP), methamphetamine, corrosive liquids, pyrrolidine, morpholine, or piperidine; i. Samples of any bodily fluids, liquid or dried; or j. Controlled or toxic substances; or k. Corrosive or radioactive substances. 2. Large and cumbersome, such as a ladder, sewer pipe, or automobile chassis. If a party believes the exhibit should be brought into the courtroom without substitution, an application for permission must be made in writing and describe the materials to be brought into the courtroom and the reason a substitution should not be made. The option of viewing the materials at another location may be considered by the court. B. Evidence received in any case shall be limited to those items required in the case and shall be retained by the court for the minimum time required by law, unless good cause is shown to retain the evidence for a longer period of time. C. No exhibit shall be accepted by the Clerk or exhibits custodian unless: 1. All containers of controlled or toxic substances are securely sealed and protected against breakage to safeguard court personnel, so that the contents cannot be spilled and odors cannot be emitted; 2. All containers of liquid substances, including bodily fluids, are securely sealed and protected against breakage to safeguard court personnel, so personnel are not exposed to the contents and odors; 3. All objects containing bodily fluids or dangerous, controlled or toxic substances (e.g., bloody shirt, gasoline soaked rage, etc.) are placed in containers that are securely sealed and protected against breakage so that odors cannot be emitted and court personnel are safeguarded; 4. All firearms are secured by a nylon tie or trigger guard, and have been examined by the bailiff to determine that they have been rendered inoperable; 5. All sharp objects, such as hypodermic needles, knives, and glass, are placed in containers that are securely sealed and protected against breakage, which will safeguard personnel; 6. All containers with liquid substances are clearly marked and identified as to type and amount; 7. All containers of controlled substances are clearly marked, identified, weighed, and sealed; 8. All cash is specifically identified, whether individually or packaged, as to the total amount and number of each denomination. D. All exhibits must be individually tagged with the proper exhibit tag, properly completed, and securely attached to the exhibit. Any exhibit improperly tagged, marked, weighed, or identified will not be accepted by the court. Unless otherwise ordered, unidentified or improperly identified liquids, containers, controlled substances, or other suspect substances shall be returned to the party offering them. E. When a dangerous, large or bulky exhibit that has been marked and identified or received in evidence poses a security, storage or safety problem, on recommendation of the Clerk of the court, the court may order that all or a portion of it be returned to the party that offered it. In the case of exhibits offered by the prosecutor in a criminal case, the court may order that the exhibit be returned to the law enforcement agency involved. The order shall require that a full and complete photographic record of the exhibit or the portion returned be substituted for the exhibit. The party who offered the exhibit shall provide the photographic record. The party or agency to whom the exhibit is returned shall be responsible for maintaining and preserving the exhibit until there is a final disposition of the action or proceeding. All exhibit tags and other identifying markings or information concerning each exhibit shall remain in place and shall not be disturbed. Each exhibit shall be maintained intact and in the same condition as during trial. In the event further proceedings of any court having jurisdiction of the matter require the presence of the exhibit, the party or agency to whom it was returned shall promptly deliver the exhibit to the appropriate court, with notice to all parties. (Rule 4.1.5 (now 4.1.11) renumbered effective January 1, 2006; adopted as Rule 20.5 effective January 1, 2004) 4.1.12 Juror Panel List In the event that any list of prospective jurors, whether it be an alphabetical list or a list in the order in which the juror will be called, is provided to the parties or counsel to help facilitate the jury selection process, the lists may not be reproduced. All lists provided shall be returned to the Court upon completion of jury selection, cancellation of the jury panel or release of the jury panel prior to the conclusion of jury selection. (Rule 4.1.11 (now 4.1.12) renumbered effective January 1, 2021; adopted as Rule 4.1.11 effective July 1, 2013) 4.1.13 Confidentiality of Jurors’ Declarations The court may grant access to declarations that were submitted to the court by prospective trial and grand jurors upon application to the trial judge or, if the trial judge is unavailable, to the presiding judge or his or her designee. If the applicant seeks personal juror identifying information of trial jurors that has been sealed by the court pursuant to Code of Civil Procedure § 237, a noticed motion in accordance with that section is required. (Rule 4.1.3 (now 4.1.13) renumbered effective January 1, 2006; adopted as Rule 20.3 effective July 1, 2004) 4.1.14 Delivery of Court Reporter Transcripts to the Court In all case types, any court reporter utilized to report court proceedings shall file all appellate and court ordered transcripts electronically via YesLaw. This rule applies to Court employees, per diem and pro tempore court reporters. (Rule 4.1.12 (now 4.1.14) renumbered effective January 1, 2021; adopted as Rule 4.1.12 effective January 1, 2016) 4.1.15 Protocol for Communication Between Courts Regarding Domestic Violence Orders A. Purpose This rule sets forth the court communication protocol for Domestic Violence and Child Custody Orders as required by the California Rules of Court. This protocol is intended to avoid the issuance of conflicting orders when possible, and to permit appropriate visitation between a restrained person and the child(ren) who is/are the subject of a family, probate or juvenile proceeding, while providing for the safety of all victims and witnesses. Furthermore, the best interests of the child(ren), litigants and the Court are promoted by early identification and coordination of proceedings involving the same child(ren) or the child(ren)’s caretaker(s). To that end, this rule is also designed to ensure that all bench officers have information about the existence of overlapping cases. This rule recognizes the statutory requirement that criminal protective orders have precedence of enforcement over all other contract orders; however, it acknowledges that there are situations where it is appropriate to permit visitation between a criminal defendant and his or her child. B. Notice of Pending Cases and Orders 1. Court Inquiry Before issuing a criminal or non-criminal protective order, or a custody or visitation order, the Court should inquire of the parties or the attorneys whether there are any cases in which there are criminal or civil protective orders, or custody and visitation orders that involve the child(ren) in the current case. 2. Attorneys and Self-Represented Parties in Family, Probate and Juvenile Cases All attorneys and self-represented parties involved in family law, probate and juvenile cases shall inform the Court about any cases in which there are criminal or non-criminal protective orders or custody and visitation orders that involve the child(ren) in the current case. The information shall be provided to the Court, all parties and all attorneys in the case. 3. Prosecuting Attorneys Pursuant to Penal Code § 273.75, the District Attorney or City Attorney shall investigate whether there are any criminal or civil protective orders or custody and visitation orders that involve a child of, or under the care of, a participant in a domestic violence charge. Prosecuting attorneys shall inform the Court, all parties and all attorneys in the case of such orders. C. Communication Between Courts 1. Communication Regarding Existing Cases in Other Departments When any court becomes aware of the existence of another case involving the same child(ren), the judicial assistant shall notify the Domestic Violence Case Coordinator who shall then provide notification to the other court. The Domestic Violence Case Coordinator shall ensure that the appropriate trial courts receive written notice of overlapping cases. Prior to conducting a hearing in the matter, the trial judge will review the overlapping orders, if appropriate. Notice will be provided to the parties of the overlapping orders reviewed by the judicial officer. 2. Communication Regarding Protective Orders a. Criminal Protective Orders When the criminal court issues a protective order against a defendant who has a pending family, probate or juvenile case, the criminal court shall send a copy of the protective order to the appropriate court administrator who will send it to the trial court with the overlapping case. This may be accomplished by working through the Domestic Violence Case Coordinator. b. Temporary or Permanent Non-Criminal Restraining Orders When either the Family Court or Dependency Court issues a temporary or permanent restraining order and the restrained person or the protected person has another pending dependency, family, probate, juvenile or criminal case, the Family Court or Dependency Court shall send a copy of the protective order to the appropriate court administrator who will send it to the trial court with the overlapping case. This may be accomplished by working through the Domestic Violence Case Coordinator. D. Modification of Criminal Protective Orders Criminal protective orders take precedence over other contact orders. When a criminal protective order exists and either or both parties request a child custody order that is inconsistent with the criminal protective order, it is the obligation of the moving parties to seek a modification of the criminal protective order by placing the matter on the criminal domestic violence calendar. Notice must be provided to all parties, attorneys and probation or parole officers. No party shall seek a child custody or visitation order in family, probate or juvenile court that is inconsistent with an existing criminal protective order unless a judicial officers presiding over the criminal domestic violence matter has first granted the request to modify the criminal protective order. (Rule 4.1.10 (now 4.1.15) renumbered effective January 1, 2021; adopted as Rule 4.1.10 effective January 1, 2010) (Rule 4.1 renumbered effective January 1, 2006; adopted as Rule 20 effective July 1, 1992) RULE 4.2 APPEALS TO THE APPELLATE DIVISION 4.2.1 Three Judge Panel All infraction, misdemeanor, and limited civil case appeals are decided by a majority of a three (3) judge panel of the Appellate Division. (Rule 4.2.1 renumbered effective January 1, 2006; adopted as Rule 21.1 effective July 1, 200) 4.2.2 Filing of Appeal, Briefing and Hearing Dates A. Appeal papers shall be filed in accordance with Rule 1.1.14 or 4.1.2, as applicable. Briefing and hearing dates will be set by the court. Each party shall ensure that complete documentation is submitted in a timely manner. B. All briefs shall include appropriate points and authorities, clear identification of the issue(s) being raised and valid proof of service. Because appeals are concerned with issues of law, mere factual arguments will generally be insufficient. If applicable, a reporter’s transcript and/or a settled statement on appeal shall be submitted. C. A party may file a request for an extension of time to comply with the briefing schedule with the Presiding Judge of the Appellate Division. Such request shall include a separate declaration providing good cause for the extension of time, a proposed order and a properly completed checklist for proposed orders form. The checklist for proposed orders form is available from the Clerk’s Office. D. Failure of the appellant to file a timely opening brief or to otherwise comply with applicable rules may result in dismissal of the appeal after notice, but without further hearing. (Effective January 1, 2023; Rule 4.2.2 renumbered effective January 1, 2006; adopted as Rule 21.2 effective July 1, 2000) 4.2.3 Record on Appeal A. Pursuant to California Rules of Court, rules 8.830(a)(1)(B), 8.833, 8.860(a)(1)(B), 8.863, 8.910(a)(1)(B) and 8.914 the court elects to use the original trial court file instead of the clerk’s transcript as the record of the written documents from the trial court proceedings. B. Pursuant to California Rules of Court, rules 8.835(c), 8.868(c) and 8.917(c) on stipulation of the parties or on order of the trial court under rule 8.837(d)(6)(A), 8.869(d)(6)(A) or 8.916(d)(6)(A) the original of an official electronic recording of the trial court proceedings, or a copy made by the court, may be transmitted as the record of these oral proceedings without being transcribed. (Effective January 1, 2011) 4.2.4 Hearings A. After the completing of briefing, in appropriate cases, the Court will notify the parties in writing that it is prepared to rule without oral argument. In this circumstance, if no oral argument is requested by any party, no hearing will be calendared and the case will be deemed submitted on the basis of the briefs that have been filed. B. Absent unusual circumstances, the Court will not calendar hearings in cases where the appellant has submitted only an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436. (Rule 4.2.5 (now 4.2.4) renumbered effective January 1, 2023; adopted as Rule 4.2.5 effective July 1, 2019) 4.2.5 Interlocutory Appeals A. A party taking an interlocutory appeal from an order denying a motion to suppress pursuant to Penal Code section 1538.5, shall file with the Notice of Appeal a declaration certifying the appeal complies with Penal Code section 1510. B. Where counsel is unable to find viable issues to raise on interlocutory appeal, the opening brief shall be filed pursuant to People v. Vera (2023) 97 Cal.App.5th Supp.10. (Effective July 1, 2024; Rule 4.2.6 (now 4.2.5) renumbered effective January 1, 2023; adopted as Rule 4.2.6 effective January 1, 2021) (Rule 4.2 renumbered effective January 1, 2006; adopted as Rule 21 effective July 1, 1992) (Chapter 4 amended effective January 1, 2006; adopted as IV 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.