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Chapter I, Rules 1.1 to 1.7.7: the local rules adopted pursuant to Code of Civil Procedure section 575.1, California Rules of Court, rule 10.613, and Government Code section 68070, a failure to comply subjecting counsel, a represented party or a self-represented litigant to sanctions on motion of a party or the court (1.1); remote proceedings other than an evidentiary hearing or trial, remote evidentiary hearings and trials under Code of Civil Procedure section 367.75, remote proceedings in family law matters involving the Department of Child Support Services limited to telephonic appearances in the Metropolitan Division, digital audio and video appearances through CourtCall, LLC, and the rule in effect until January 1, 2027 (1.1.1); the notification system on the court's website for an attorney who will be late (1.1.2); the selection of the Assistant Presiding Judge by vote of all judges in October of every odd year, succession to Presiding Judge for a term of two years, and removal by a two-thirds (2/3) vote of the judges (1.2); the Presiding Judge's administrative duties (1.2.1); a complaint concerning a judicial officer or subordinate judicial officer in writing, not filed electronically, mailed to the Presiding Judge-Department 1, 1415 Truxtun Avenue, Bakersfield, CA 93301, with a return address (1.2.2); judicial vacation days (1.2.3); calendar addenda posted on the court's website (1.3); prospective jurors who reside more than 75 miles from Bakersfield not summoned to the Metropolitan Divisions (1.4.1); requested jury instructions submitted on the day the jury is sworn (1.4.2); commissioners appointed Judge Pro Tempore in all matters calendared or assigned to them (1.5); court reporter availability posted in each court location, a fee waiver recipient's request for an official reporter on Judicial Council Form FW-020 at least ten calendar days before the trial or evidentiary hearing, the Kern County transcript format, and reporters' billing on appeals no later than 20 calendar days after the transcripts are completed on the mandatory Reporter's Request for Payment on Appeals (1.6); the Presiding Judge's apportionment of the court's business, its divisions and supervising judges (1.7.1 to 1.7.3); venue according to zip codes per Appendix A (1.7.4); the matters filed in the Metropolitan Division - appeals, unlimited civil cases (quiet title actions arising outside of Metropolitan Bakersfield excepted), CEQA cases, criminal complaints and informations by the division where the crime is alleged to have occurred with the felony exceptions (Penal Code section 187 and 191.5 cases, cases involving four or more defendants, and incidents in the Lerdo Pre-Trial Facility filed in the Shafter multi-divisional courthouse), child support, adoption and parentage cases, family law cases by the Venue by Zip Code table with a Family Law Case Certificate of Assignment - Venue Declaration (KRN SUP CRT FL-2427), juvenile delinquency and dependency cases, mental health and CARE Act matters, probate and guardianship cases at the Juvenile Justice Center, and traffic and minor offense cases (1.7.5); transfer of an action to a different division on motion for good cause (1.7.6); and one conformed copy of each original, returned by mail with a stamped, self-addressed envelope (1.7.7).
Chapter I. General Rules Rule 1.1 Authority for Rules and Sanctions for Non-Compliance (Effective 1/1/10; rev. 7/1/22; rev. 1/1/25) These local Court Rules (“local rules”) are adopted pursuant to Code of Civil Procedure section 575.1, California Rules of Court (“CRC”), rule 10.613, and Government Code section 68070, et seq. Any counsel, party represented by counsel, or self-represented litigant, w
Reviewer note: Composed 2026-10-14 (California T4 Kern build 2026-10-14) from BenchPath custody ca/t4/ca-kern/docs/general/local-rules-court-effective-7126.pdf (the court's rule book, its cover “LOCAL RULES OF COURT SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN July 1, 2026”, as fetched 2026-10-14; 1712899 bytes, sha256 374bf0cba1a66f90bd6bea59ca9523d5149362ef14f0d1edc454e76ac5738a83; 138 pages; this part PDF pages 14 to 23, printed pages 13 to 22) with the shared verbatim composer (v2 reflow): the rules (PDF pages 14 to 128) composed as one text and cut at the chapter headings (“Chapter I. General Rules” to “Chapter IX. Court Communication Protocol for Domestic Violence and Child Custody Orders”) and, in Chapters I, III, VI, VII and VIII, at rule or section headings (“Rule 1.8”, “Rule 1.12”, “Rule 3.14”, “Rule 6.10”, “Rule 7.4”, “Section Three – Proceedings”, “Section Six – Attorney Competency Standards”, “Rule 8.10”), each matched once as a whole line; every page's running header (“SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN”, named) and printed page number (“13” to “127”) removed as chrome - 230 chrome lines; lines reflowed into the rules' paragraphs, each chapter heading, rule heading, Preamble, section heading and lettered or numbered subdivision starting a line; Rules 1.17 and 1.21's ruled tables (PDF pages 32 and 33, 38 and 39) set a row a line, its cells left to right (the composer's table rows); the strike report (review/strike-report-2026-10-14.txt) finds no struck run; 27 whitespace-only fixes (build/book-fixes.json: 7 line breaks the reflow left before a reference or an inline list item at the paragraph's own margin, rejoined; 19 runs of rows the reflow ran together, split - Rule 1.8.1's two fee tables and the court's mailing address, Rule 3.3.1's regional courts and their telephone numbers, Rule 3.6(a)'s scale of fees, and the side heading “Preamble” of Chapters VI and VII; 1 word the page break split at its hyphen, closed up - “20-calendar-day”); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and its run after the fixes, review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (2 to 13) and the index (129 to 138) belong to no card; Appendix A, a separate document, is decided in the document catalog (held for the table lane, with a review task). Review note: Rule 1.6 cites the court reporter policy as “KCSC Policy #CtSup-2013-2”; the policy carded from the court's website is numbered CtSup-2023-2 (effective November 7, 2023). Rule 1.1.1(c) limits remote proceedings in family law matters involving the Department of Child Support Services to telephonic appearances in the Metropolitan Division; Rule 6.3.5(c) (carded with Chapter VI) limits remote civil proceedings in child support cases in Division A to digital audio appearances through CourtCall. The court's notice of September 3, 2026 proposes amendments of the Local Rules for January 1, 2027 (held: proposed, not adopted).
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 > Kern County > Superior Court of California, County of Kern
Chapter I. General Rules Rule 1.1 Authority for Rules and Sanctions for Non-Compliance (Effective 1/1/10; rev. 7/1/22; rev. 1/1/25) These local Court Rules (“local rules”) are adopted pursuant to Code of Civil Procedure section 575.1, California Rules of Court (“CRC”), rule 10.613, and Government Code section 68070, et seq. Any counsel, party represented by counsel, or self-represented litigant, who fails to comply with any of the requirements set forth in these rules, shall upon motion of a party or the court, be subject to the sanctions set forth in Code of Civil Procedure section 575.2. (Effective 1/1/25) Rule 1.1.1 Remote Court Appearances (Effective 7/1/03; rev. 7/1/09; renum. 1/1/13; rev. 7/1/14; rev. 3/7/22; rev. 1/1/24; rev. 1/1/25; rev. 7/1/26) (a) Remote proceedings other than an evidentiary hearing or trial. A party wishing to appear remotely in any proceeding other than an evidentiary hearing or trial, including conferences and law and motion hearings, which is allowed under Code of Civil Procedure section 367.75, may do so using the remote technology without advance notice to the court or other parties. By appearing remotely those persons will be deemed to have requested a remote appearance. Each judicial officer retains the discretion to require a party to appear in person at a conference, hearing, or proceeding, as authorized by Code of Civil Procedure section 367.75. (Effective 3/7/22) (b) Remote proceedings for an evidentiary hearing or trial. Remote proceedings for evidentiary hearings or trials in proceedings authorized under Code of Civil Procedure section 367.75 shall be noticed and conducted as authorized by Code of Civil Procedure section 367.75 and California Rules of Court, rule 3.672. (Effective 3/7/22) (c) Remote proceedings in Family Law matters involving the Department of Child Support Services (DCSS) are limited to telephonic appearances in the Metropolitan Division. (Effective 3/7/22; renum. 1/1/24) (d) Parties must also follow the Local Rules of Court on remote appearances for specific proceedings as follows: (Effective 3/7/22; renum. 1/1/24) 1. Local Rule 3.2.1 governs proceedings in General Civil, Unlawful Detainer, and Small Claims cases. 2. Local Rule 6.3.5 governs proceedings in Family Law cases. 3. Local Rule 8.2.1 governs proceedings in Probate cases. (e) A remote appearance by a self-represented party will be construed to be agreement to appear remotely under Code of Civil Procedure section 367.75 subd. (g), unless otherwise indicated by the party. (Effective 3/7/22; renum. 1/1/24) (f) Self-represented parties with questions about in-person or remote proceedings may email the court at WMAdmin@kern.courts.ca.gov. (Effective 3/7/22; renum. 1/1/24) (g) Digital audio and video court appearances are allowed through CourtCall, LLC, and may be arranged using the procedures available on the Court’s website. (Effective 7/1/03; rev. 7/1/09; renum. 1/1/13; rev. 7/1/14; rev. 3/7/22; renum. 1/1/24; rev. 1/1/25) (h) Parties should consult the Court’s website for procedures for the submission of exhibits for remote proceedings. (Effective 3/7/22; renum. 1/1/24; renum. 1/1/25) (i) All other Local Rules of Court authorizing a digital audio appearance will also permit a video appearance, as both manners of appearances are allowed by California Rules of Court, rule 3.672. Rule 3.672 replaces references to California Rules of Court, rule 3.670, which has been suspended from January 1, 2022 to January 1, 2027. (Effective 3/7/22; rev. and renum. 1/1/24; renum. and rev. 1/1/25; rev. 7/1/26) (j) This rule shall remain in effect until January 1, 2027. (Effective 3/7/22; rev. and renum. 1/1/24; renum. 1/1/25; rev. 7/1/26) Rule 1.1.2 Late Attorney Notification (Effective 7/1/14) In order to notify the court that an attorney will be late for a court appearance, the attorney or his or her representative may use the notification system on the Kern County Superior Court website at www.kern.courts.ca.gov. A link to the “Attorney Late Form” appears under the “Online Services” tab. The form must be completed in its entirety and submitted prior to 8:20 a.m. on the morning of the scheduled appearance. Unforeseen emergencies after 8:20 a.m. may be reported to the Court by calling (661) 610-6244. Rule 1.2 Duties of Presiding Judge (Effective 7/1/03; rev. 1/1/12) (a) Selection and Succession of Presiding Judge (Effective 1/1/12) The Superior Court, County of Kern, establishes the following procedure for the orderly transition of the Presiding and Assistant Presiding Judge. 1. Selection. In October of every odd year, the Presiding Judge shall call for a meeting of all judges for a vote selecting the Assistant Presiding Judge. The Assistant Presiding Judge shall be elected by a majority vote of the judges. Proxy votes are approved if the Proxy is in writing and signed by the respective judge authorizing a vote in their name. 2. Qualifications. A candidate for the Assistant Presiding Judge shall meet the minimum qualifications as outlined in California Rules of Court, rule 10.602(b). 3. Assistant Presiding Term and Duties. There shall be one Assistant Presiding Judge for the Superior Court, County of Kern. The Assistant Presiding Judge shall assume office on January 1 of the year succeeding the vote of the judges. The term shall be for one year. The Assistant Presiding Judge shall be assigned duties as needed by the Presiding Judge. He or she shall assume the office of the Presiding Judge, with all of its duties and powers, if the Presiding Judge is unavailable. 4. Presiding Term. At the end of the one-year term as Assistant Presiding Judge, he or she shall succeed to the office of Presiding Judge. The Presiding Judge shall serve a term of two years. At the end of his or her two-year term as Presiding Judge, he or she will serve another year as Assistant Presiding Judge. 5. Completion of Term. If a Presiding Judge is unable to complete his or her term, the Assistant Presiding Judge will serve as Presiding Judge for the balance of his or her term as Assistant Presiding Judge. 6. Removal. A Presiding Judge or Assistant Presiding Judge may be removed by a two-thirds (2/3) vote of the Judges of the Kern County Superior Court. Rule 1.2.1 Administrative Duties (Effective 7/1/03) Give general direction and supervision to the Court Executive Officer and prescribe the general policy within which the Clerk’s Office shall function. It shall be the responsibility of the Court Executive Officer to plan, organize, staff and direct the detailed operations of the non-judicial activities of the Court. Rule 1.2.2 Complaints Concerning Judicial Officers and Subordinate Judicial Officers (Effective 7/1/23; renum. 1/1/26) (a) A complaint concerning a Judicial Officer or Subordinate Judicial Officer must be in writing unless a disability prevents submission in writing, in which case the designated court employee receiving the complaint will cause it to be reduced to writing. (b) Electronic filing is not available for complaints concerning Judicial Officers or Subordinate Judicial Officers. (c) Each complaint must be mailed to the Court, to the attention of the Presiding Judge-Department 1, 1415 Truxtun Avenue, Bakersfield, CA 93301. (d) Each complaint must provide a return address to which a response may be mailed. Rule 1.2.3 Judicial Vacation Days Defined (Effective 1/1/21; renum. 7/1/23; renum. 1/1/26) Vacation time is an approved absence from the court, or from a court-approved remote assignment, for one-half business day (four hours) or one full day (eight hours). Other absences listed in California Rules of Court, rule 10.603(c)(2)(H) are excluded from this definition. Rule 1.3 Calendars (Effective 7/1/03; rev. 1/1/10) Addenda, which are subject to change, are posted on the court’s website at www.kern.courts.ca.gov or are available free at all Kern County Superior Court locations. Rule 1.4 Jurors (Effective 7/1/03) Rule 1.4.1 Selection of Jurors (Effective 7/1/03; rev. 1/1/10; rev. 7/1/12) Prospective jurors who reside more than 75 miles from Bakersfield shall not be summoned to serve as jurors in the Metropolitan Divisions of Superior Court except as directed by the judge conducting voir dire or by the Presiding Judge. Rule 1.4.2 Jury Instructions/Verdict Forms (Effective 7/1/03; rev. 1/1/06) In both civil and criminal cases, the parties shall submit copies of requested jury instructions on the day the jury is sworn unless otherwise ordered by the trial judge. (a) The Court shall maintain printed copies of CACI Jury Instructions. A schedule that lists the designated instructions by number will be available to practitioners. (Effective 7/1/03; rev. 1/1/06) (b) Proposed pattern jury instructions that have been modified by a party shall specify in parenthesis, or other appropriate manner, the respect in which the instructions have been modified. (c) The party requesting a CACI or CALJIC or CALCRIM 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. (Effective 7/1/03; rev. 1/1/06) (d) Each party shall submit proposed verdicts in completed form suitable for use by the jury in the pending case. This requires a separate form for each verdict with the caption of the case typed on paper that has nothing on it to identify the form with any party. Rule 1.5 Subordinate Judicial Officers, Temporary Judges, and Referees (Effective 7/1/04; rev. 7/1/18; rev. 7/1/20; rev. 1/1/24) (a) Commissioners of the Kern County Superior Court are appointed Judge Pro Tempore in all matters calendared, or otherwise assigned, to them. They are granted full judicial power until a final determination of the matter. A party’s appearance, without prompt notice to the contrary, constitutes the party’s stipulation to this appointment, which grants full judicial powers until a final determination of the cause. The Court shall post notice that: “Commissioners are appointed Judge Pro Tempore for all hearings and trials before them. Your appearance, without prompt notice to the contrary, constitutes your stipulation to this appointment, which grants full judicial powers until a final determination of the cause.” (Effective 7/1/20) (b) No cause submitted to a subordinate judicial officer shall remain undecided and pending for longer than 90 days. (Effective 7/1/04; renum. 7/1/18; renum. 7/1/20) (c) A party’s consent to a subordinate judicial officer or temporary judge is implied in default matters, including those matters in which a party was properly noticed and failed to appear in court, uncontested matters, and matters in which attorneys proceed without objection to the subordinate judicial officer or temporary judge. (Effective 7/1/18; renum. 7/1/20) (d) A “temporary judge” appointed at the request of the parties is an attorney appointed by the court upon stipulation of the parties to decide the case under Article VI, Section 21 of the California Constitution. Matters before such temporary judges are governed by California Rules of Court, rules 2.830-2.834. The Supervising Judge of the Civil Department appoints such temporary judges in all cases except family law cases. The Supervising Judge of the Family Law Division appoints such temporary judges in family law cases. (See California Rules of Court, rule 2.831(b).) The stipulation and order for appointment must be made using mandatory local form available on the Court’s website. (Effective 1/1/24) (e) A “referee” is a person appointed by the court to hear issues in a case, which may include trial. A reference made pursuant to agreement of the parties is governed by Code of Civil Procedure section 638, and a reference made upon motion of a party or on the court’s own motion is governed by Code of Civil Procedure section 639. (See also California Rules of Court, rules 3.900-3.907, 3.920-3.926, and 3.930-3.932.) The Supervising Judge of the Civil or Family Law Division may appoint a referee who will hear the case for all purposes, including trial. The trial court may appoint a referee who will hear limited issues and issue a report and recommendation for the trial court’s approval. (California Rules of Court, rule 3.901(a).) The appointment must be made using the form available on the Court’s website. (Effective 1/1/24) (f) Proceedings Open to the Public. All proceedings before a temporary judge or referee must be open to the public, with no restriction on attendance that would not be applicable if the proceedings were held in a courthouse. A notice containing the contact information of a person for any member of the public to contact in order to attend proceedings shall be posted by the clerk as required by California Rules of Court, rules 2.834 and 3.931 on the Court’s website and in the courthouse lobbies of any courthouse where the Court has approved the parties’ request for a pending case to be assigned to a temporary judge or a referee has been appointed. (Effective 1/1/24) (g) Upon appointment the temporary judge or referee must also submit to the Court a “Statement of Public Access,” using the mandatory local form found on the Court’s website. The form should be emailed to WMAdmin@kern.courts.ca.gov to ensure this information is accurately posted. (Effective 1/1/24) (h) This rule does not apply to probate referees. (Effective 1/1/24) Rule 1.6 Court Reporter Availability and Timely Submission of Bills (Effective 1/1/06; rev. 1/1/19; rev. 1/1/21; rev. 7/1/21; rev.1/1/23; rev. 7/1/24) Pursuant to the requirements of Government Code section 68086 and California Rules of Court, rule 2.956(b)(1), court reporter availability for each Kern County court location is posted in that local court. In addition, court reporter availability for all Kern County Superior Court locations is posted on the court’s website. Parties may be required to pay for court reporters in accordance with Government Code sections 69953 and 68086 and as set forth in the court’s Civil Fee Schedule and local policies available on the court’s website. (Effective 1/1/19) If a party has been granted a fee waiver, the party may request that the court provide an official reporter for attendance at the proceedings. To request a court reporter, the party with a fee waiver must file Judicial Council Form FW-020 at least ten calendar days prior to the trial or evidentiary hearing. Given the limited availability of official court reporters, notice of the availability of a court reporter may not be given until the day of the hearing. (Effective 7/1/21; rev. 7/1/24) The court must provide an official reporter at no fee or cost to the fee waiver recipient when a court reporter is available, unless an official transcript prepared from an electronic recording, and pursuant to California Rules of Court, rule 2.952, is available to the parties. Electronic recording provides the official record in limited civil, misdemeanor, and infraction cases. (Government Code section 69957) Electronic recording in any other type of proceeding may be used only for internal purposes and cannot be made publicly available. (Government Code section 69957(b)). The Court is not obligated to provide court reporter transcripts free of charge to a party who has been granted a waiver of court fees and costs. Assistance may be available through the Transcript Reimbursement Fund. Further information is available on the California Court Reporters Board’s website. (Effective 7/1/21; rev. 7/1/24) All court reporters, acting either in an official reporter capacity or on a pro tempore basis, are required to follow the Kern County transcript format for all transcripts submitted to the court and parties. (See Policy Regarding Normal Availability and Unavailability of Official Court Reporters-KCSC Policy #CtSup-2013-2, (www.kern.courts.ca.gov) (Effective 1/1/19) Attorneys must comply with Code of Civil Procedure section 2025.550. The Court will not accept unsealed original transcripts submitted under what is known as “the SoCal Stip.” (Effective 1/1/23) In order to allow the court to process timely refunds to parties to an appeal in accordance with California Rules of Court, rules 8.130(f)(3) and 8.834(d)(3), court reporters must submit their billing as required by these rules no later than 20 calendar days after the transcripts are completed. The mandatory form (Reporter’s Request for Payment on Appeals), available on the court’s website, must be used to submit the billing. If the court does not receive the billing within this 20-calendar-day period, it will refund all of the deposit to the designated parties. (Effective 1/1/21; rev. 7/1/24) Rule 1.7 Superior Court of California, County of Kern, Departments, Divisions of the Court, and Venue (Effective 7/1/08; rev. 1/1/11; renum. 1/1/13) Rule 1.7.1 Apportionment (Effective 7/1/08; renum. 1/1/13) The Presiding Judge per California Rule of Court, rule 10.603(b)(1)(B) shall apportion the business of the Court. Nothing in this rule shall abridge the authority of the Presiding Judge to assign cases in any Division or Branch as deemed necessary. The Presiding Judge may order a transfer at any time without motion or hearing in his or her discretion for reasons stated in the order to transfer. Rule 1.7.2 Operations (Effective 7/1/08; renum. 1/1/13) The Court consists of all the Departments, Divisions, Branches and Sections wherever they are located and whatever their function. These include all facilities located in the Metropolitan Division, East Division, North Division and South Division. The hours of operation are published on the Superior Court website, other legal publications, and are posted at each location. Rule 1.7.3 Supervising Judge (Effective 7/1/08; renum. 1/1/13) The Presiding Judge may appoint a Supervising Judge at each Court Division, Section or other specialized Department as needed. The Supervising Judge at each Division or Section is responsible for the administrative and calendar operations of the Departments located there and for assignment of proceedings in those cases that are filed there. Rule 1.7.4 Venue by Zip Code (Effective 7/1/08; renum. 1/1/13) Except as otherwise set forth in the following section or elsewhere in the Rules, venue for all cases will be according to zip codes per Appendix A which may be found on the Court’s website www.kern.courts.ca.gov. Rule 1.7.5 Metropolitan Division Venues (Effective 7/1/08; rev. 1/1/11; rev. 7/1/11; rev. 1/1/13; rev. 7/1/15; rev. 1/1/17; rev. 1/1/18; rev. 7/1/18; rev. 1/1/20; rev. 7/1/22; rev. 1/1/23; rev. 1/1/24; rev. 7/1/24; rev. 1/1/25; rev. 7/1/25; rev. 1/1/26) The following matters must be filed in the Metropolitan Division. (a) Venue for Appeals. Appeals for all case types, excluding Small Claims, may be filed in the Metropolitan Division, Appeals Department, or may be filed in the Division of original jurisdiction in accordance with the zip codes as set forth in Appendix A. Traffic, Misdemeanor, Unlawful Detainer and Limited Civil Appellate cases will be heard in the Metropolitan Division. (Effective 7/1/08; rev. 1/1/20) (b) Venue for Unlimited Civil Cases. Venue for unlimited civil cases pursuant to Code of Civil Procedure section 88 (see also, Code of Civil Procedure section 85) is the Metropolitan Division, except that litigants may choose to file quiet title actions arising outside of Metropolitan Bakersfield in the Multi-Divisional court that would be the appropriate venue for the affected real property as determined by zip code tables per Appendix A. (Effective 7/1/08; rev. 7/1/25) (c) Venue for CEQA Cases. Venue for CEQA (California Environmental Quality Act) cases is the Metropolitan Division. Original petitions will be filed at the Civil Department. (d) Venue for Criminal Cases. (Effective 7/1/08; rev. 1/1/11; rev. 7/1/11; rev. 1/1/13; rev. 1/1/20; rev. 1/1/23; rev. 1/1/25; rev. 1/1/26) 1. Generally unless otherwise set forth in these rules, the People must file misdemeanor criminal complaints in the Division in which the crime is alleged to have occurred in accordance with the zip codes as set forth in Appendix A. (Effective 7/1/08; rev. 1/1/11; rev. 1/1/25; rev. 1/1/26) 2. Generally unless otherwise set forth in these rules, the People must file felony criminal complaints and informations in the division in which the crime is alleged to have occurred in accordance with the zip codes as set forth in Appendix A. (Effective 7/1/08; rev. 1/1/11; rev. 1/1/26) 3. The People may file felony criminal complaints and informations charging violations of Penal Code section 187 and 191.5 in the Metropolitan Division, Felony Department. (Effective 1/1/11; rev. 7/1/11; rev. 1/1/26) 4. The People may file felony criminal informations charging violations of Penal Code sections 220, 261, 262, 264, 266, 286-289 in the Metropolitan Division, Felony Department, even if the felony complaint originated in another Division. (Effective 1/1/26) 5. The People must file felony complaints and informations involving four or more defendants in the Metropolitan Division, Felony Department. (Effective 1/1/23; rev. and renum. 1/1/26) 6. The People must file criminal complaints and informations involving incidents that occur in the Lerdo Pre-Trial Facility in the Shafter multi-divisional courthouse. (Effective 1/1/25; rev. and renum. 1/1/26) 7. All predisposition and post disposition filings submitted in cases with a felony prefix (i.e. BF, DF, SF, LF, MF, RF), whereby the felony charges have been reduced to misdemeanor charges, are to be noticed and heard in the corresponding court’s Misdemeanor Department or Calendar. (Effective 1/1/20; renum. 1/1/23; renum. 1/1/25; rev. and renum. 1/1/26) 8. Generally unless otherwise set forth in these rules, the Probation Department must file Post Release Supervision Violations with the Metropolitan Division, Felony Department. (Effective 1/1/13; renum. 1/1/20; renum. 1/1/23; renum. 1/1/25; renum. 1/1/26) 9. A party may file a motion with the Division where the complaint or information was originally filed, requesting a transfer of the case to the Metropolitan Division. The Court may grant this request if it finds good cause. (Effective 1/1/25; renum. 1/1/26) (e) Venue for Child Support Cases. The Department of Child Support Services must file child support cases in the Metropolitan Division, Family Department, except for cases from zip codes served by the Ridgecrest Branch, East Division, as set forth in Appendix A. (f) Venue for Adoption, Petition to Declare Minor Free from Parental Custody and Control, Termination of Parental Rights, and Petitions related to Surrogacy Agreements/Contracts. The aforementioned cases shall be filed in the Metropolitan Division, Family Law Department. (Effective 1/1/11; rev. 7/1/18) (g) Venue for Family Law Cases (Effective 7/1/08; rev. 1/1/10; rev. 7/1/11; rev. 7/1/15; rev. 1/1/17; rev. 1/1/24; rev. 7/1/24; rev. 1/1/25; rev. 7/1/25) 1. Generally, unless otherwise set forth in these rules, the initial petition in family law cases shall be filed in the Division as determined by the “Venue by Zip Code” table in Appendix A according to the Petitioner’s zip code. The first pleading filed by the petitioner in an action or proceeding must be accompanied by a Family Law Case Certificate of Assignment – Venue Declaration (KRN SUP CRT FL-2427). Requests filed pursuant to the Domestic Violence Prevention Act are exempt and are governed by paragraph 5 herein. (Effective 7/1/08; rev. 7/1/24; rev. 7/1/25). 2. Except for cases covered under subsection (4) of this rule, when a case is filed in the Metropolitan Division by a Petitioner’s attorney who has an office in the Metropolitan Division, both parties reside in the Ridgecrest Multi-Divisional Courthouse venue, and at least one party is represented by an attorney whose office is in the East Kern Division venue, the case shall be transferred to the East Kern Division, Ridgecrest Branch, upon a properly noticed motion, unless the court hearing the motion finds that East Kern is an inconvenient forum. (rev. 7/1/11; rev. 1/1/17; rev. 1/1/24; renum. 7/1/24; rev. 1/1/25) 3. All adoption, abandonments or matters with the Department of Child Support Services, with venue as determined by the “Venue by Zip Code” table in Appendix A in Delano, Lamont, Mojave, and Shafter multi-divisional courthouses, must be filed in the Metropolitan Division. (Effective 1/1/25) 4. All adoption and abandonment matters with venue as determined by the “Venue by Zip Code” table in Appendix A in the Ridgecrest multi-divisional courthouse, must be filed in the Metropolitan Division. (Effective 1/1/25) 5. Any Request for Order under the Domestic Violence Prevention Act (“DVPA action”) shall be exempt from the family law venue rules. Subsequent family law filings by the same parties shall not be exempt from the family law venue rules. Such filings will be noted in the Court’s Case Management System as “related” for consideration of future consolidation. If a party filing a DVPA action already has a family law case with the same parties in a Division different from where the DVPA action is being filed, the Division accepting the DVPA action will use the existing case number, review for Temporary Restraining Orders, and set the DVPA action for hearing in the Division where the current family law case is filed. (Effective 7/1/08; renum. 7/1/24; renum. 1/1/25) 6. Any Petition to Establish Parental Relationship shall be filed in accordance with the “Venue by Zip Code” table as set forth in Appendix A, based upon the zip code of the minor child listed within the Petition. Out-of-County filings shall file in accordance with the “Venue by Zip Code” table as set forth in Appendix A based on the zip code of the minor child listed within the Petition. Petitions to Establish Parental Relationships related to surrogacy agreements are excluded from this paragraph, as they are subject to venue Rule 1.7.5(f). (Effective 1/1/11; rev. 7/1/15; rev. 7/1/18; rev. 1/1/24; rev. and renum. 7/1/24; renum. 1/1/25) (h) Venue for Juvenile Delinquency Cases. Venue for all delinquency and truancy cases initiated by petition will be in the Metropolitan Division, Juvenile Justice Center. By order of the Presiding Judge, Courtroom J2, of the Kern County Superior Court, Metropolitan Division, Juvenile Justice Center, also known as the WD calendar, is designated the Delinquency Court for all purposes. All Delinquency matters are assigned for all purposes to the judge assigned to that courtroom by the Presiding Judge. (Effective 7/1/08; rev. 1/1/18) (i) Venue for Juvenile Dependency Cases. Venue for all dependency cases is the Metropolitan Division, Juvenile Justice Center. All adoption cases arising from a dependency case must be filed in the Metropolitan Division, Juvenile Justice Center. (j) Venue for Juvenile Traffic/Minor Offense Cases. Venue for infractions against juveniles (under 18 years of age) will be in the Division in which the violation is alleged to have occurred in accordance with the zip codes as set forth in Appendix A except that cases arising in the City of Bakersfield must be filed in the Metropolitan Division, Traffic Department. (k) Venue for Juvenile Misdemeanor Citations. Venue for misdemeanor citations against juveniles (under 18 years of age) will be in the Metropolitan Division, Juvenile Justice Center, except for VC 12500 (a) which will be in the Division in which the violation is alleged to have occurred in accordance with the zip codes as set forth in Appendix A. Note, the Kern County Probation Department is the filing agency for the aforementioned misdemeanor violations. (l) Mental Health (Effective 7/1/08; rev. 1/1/23; rev. 7/1/24; rev. and renum. 7/1/25) 1. Venue for all matters under the Lanterman-Petris-Short Act will be in the Mental Health Department, Metropolitan Justice Division, Civil Department. (Effective 7/1/08; rev. 1/1/23; rev. 7/1/24; rev. 7/1/25) 2. Venue for all petitions filed under Welfare and Institutions Code section 6500 will be in the Mental Health Department, Metropolitan Justice Division, Civil Department. (Effective 7/1/08; rev. 1/1/23; rev. 7/1/24; rev. 7/1/25) 3. Venue for all initial petitions filed under Welfare and Institutions Code section 6600 will be in the Metropolitan Division, Felony Department. Venue for all subsequent petitions for the same respondent filed under Welfare and Institutions Code section 6600 will be in the Mental Health Department, Metropolitan Justice Division, Civil Department. No petitions under Welfare and Institutions Code section 6600 may be filed in Multi-Divisional courts. (Effective 7/1/25) 4. Venue for petitions filed under Welfare and Institutions Code section 8103 will be in the Mental Health Department, Metropolitan Justice Division, Civil Department. (Effective 7/1/08; rev. 1/1/23; rev. 7/1/24; rev. and renum. 7/1/25) 5. Venue for all matters under the Community Assistance, Recovery, and Empowerment (CARE) Act will be in the Mental Health Department, Metropolitan Justice Division, Civil Department. (Effective 7/1/24; rev. and renum. 7/1/25) (m) Venue for Probate and Guardianship Cases. Venue for Probate and Guardianship cases, except for those in 1.7.5(i), shall be in the Juvenile Justice Center, located at 2100 College Avenue. (Effective 7/1/08; rev. 1/1/13; rev. 1/1/20; rev. 7/1/22; rev. 1/1/23) (n) Venue for Adult Traffic/Minor Offense Cases. Venue for traffic and minor offenses charged against adults will be in accordance with the zip codes as set forth in Appendix A except that cases arising in the City of Bakersfield must be filed in the Metropolitan Division, Traffic Department. Rule 1.7.6 Transfer of Actions upon the Request of a Party (Effective 7/1/08; renum. 1/1/13; rev. 7/1/23) Any action or proceeding may, for good cause shown on motion of a party, and after a hearing, be transferred to a different division. Motions and hearings on such transfer must be heard in the court where the action or proceeding is pending. In ruling on such a motion the judge presiding may, in his or her discretion, deny transfer of a case that has been filed in a court not authorized by Rule 1.7.4 above. Rule 1.7.7 Conformed Copies (Effective 7/1/09; rev. 1/1/10; renum. 1/1/13) Notwithstanding any other provision of law or rule, the court will conform only one copy of each original submitted for filing. If conformed copies are to be returned by mail or messenger, a stamped, self-addressed envelope or messenger slip must be included.
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.