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Chapter V, Rules 5.1 to 5.3.9: misdemeanor cases presented at the Criminal Division counter of the appropriate court division (5.1.1); the informal arraignment process for attorneys, not available to self-represented litigants (5.1.2); misdemeanor arraignment calendar sessions open to the public until the session ends, a collective advisal of rights by a pre-recorded video, the Public Defender available for consultation before a plea, and probation officers not to determine, convey or negotiate plea offers (5.1.3); notice of criminal motions to all opposing counsel, co-counsel and counsel for codefendants (5.1.4); California Rules of Court, rule 8.868 for appeals from electronically recorded misdemeanor proceedings (5.1.5); pre-preliminary hearing and preliminary hearing dates assigned at the initial arraignment (5.2.1.1); resolution attempted at the pre-preliminary and the readiness conference (5.2.1.2); evidentiary and non-evidentiary motions (5.2.1.3); a motion for a bail review hearing (a Humphrey Motion) served on the Kern County Probation Department at least two days before the hearing, the clerk rejecting a motion without proof of timely service (5.2.1.4); motions to sever or consolidate, under Penal Code section 995 and to modify, and orders shortening time (5.2.1.4.1 to 5.2.1.4.5); felony calendars on the court's website (5.2.2); the Master Criminal Trial Calendar called daily (5.2.3); investigators and ancillary services (5.3.1); appointments under Evidence Code section 1017 (5.3.2); the release of evidence on a written stipulation (5.3.3); petitions for dismissal under Penal Code section 1203.4 and the related sections (5.3.4); provisional remedies under Penal Code section 186.11 (5.3.5); police reports with confidential personal information (Penal Code section 964) (5.3.6); counsel's access to previously filed probation and mental health reports (5.3.7); the countywide bail schedule (5.3.8); and trial jurors' identifying information placed into sealed envelopes after the verdict (5.3.9).
California > Fifth Appellate District > Kern County > Superior Court of California, County of Kern
Chapter V. Criminal Rules Rule 5.1 Misdemeanors (Effective 7/1/03) Rule 5.1.1 Filings of Actions (Effective 7/1/03; rev. 7/1/12) All misdemeanor cases filed in the Superior Court of California, County of Kern, will be presented at the Criminal Division/Counter of the appropriate Court Division. Filings are accepted Monday through Friday from 8:00 a.m. to 4:00 p.m. Rule 5.1.2 Misdemeanor Informal Arraignments (Effective 7/1/23) In misdemeanor cases, subject to the exceptions noted below, attorneys may use the informal arraignment process. This process is not available to self-represented litigants. To participate in an informal arraignment, the attorney must be authorized by the defendant to enter a plea of “Not Guilty,” and to waive time for trial. (a) The informal arraignment process cannot be used when: 1. A defendant has failed to appear; 2. A warrant is outstanding; 3. A violation of Penal Code section 166(a)(4) has been charged; 4. A violation of Penal Code section 192(c) has been charged; 5. A misdemeanor offense involving domestic violence, as defined by Family Code section 6211, has been charged; 6. A violation of Vehicle Code sections 23152 and/or 23153 has been charged and a prior conviction of either offense has been alleged; or 7. A court case number has not been issued. (b) Representations of Counsel. By utilizing the informal arraignment process, the attorney represents and agrees as follows: 1. That the client has expressly authorized the attorney to appear on the client’s behalf pursuant to Penal Code section 977(a); 2. That the informal arraignment constitutes a general appearance by the attorney, that the attorney is the attorney of record, and that he/she represents the defendant; 3. That the client has expressly waived a formal arraignment and advisement of constitutional and statutory rights, including the defendant’s rights to: confront witnesses, subpoena witnesses, remain silent, and be present in the courtroom at the time of arraignment; 4. That the client has specifically authorized the attorney to act as the client’s agent for the purpose of receiving notice from the court of the pretrial date; 5. That the client and attorney have agreed that notice to the attorney of the pretrial date shall be deemed full, complete, and valid notice to the client; 6. That the attorney’s use of the informal arraignment process constitutes a representation to the Court that the attorney has specifically advised the client that failure of the client to appear timely on the court date set for pretrial may constitute the crime of failure to appear, and a bench warrant may be ordered. (c) Informal Arraignment Process. There are two options for informal arraignments: (1) attorney appearance on the defendant’s scheduled court appearance date; or (2) submission of the Misdemeanor Informal Arraignment Form by electronic mail, U.S. mail, facsimile, or to the appropriate Clerk’s Office location where the case is initially scheduled to be heard. 1. Informal Arraignment by Attorney Appearance: An attorney appearance on the defendant’s scheduled court appearance date, if approved by a judicial officer, will allow a pretrial date to be set by the deputy clerk pursuant to Penal Code section 977(a), without having the matter called and addressed on the record. 2. Informal Arraignment by Submission of the Misdemeanor Informal Arraignment Form: At the Court’s discretion, attorneys who represent misdemeanor defendants who are not in custody, may arraign their clients by electronic mail, U.S. Mail, facsimile, or by submitting the form at the Clerk’s Office location where the case is initially scheduled to be heard. This informal arraignment option can be utilized no later than five (5) court days before the defendant’s in-court appearance date. (d) Requirements for All Informal Arraignment Requests. 1. The Misdemeanor Informal Arraignment Form must be completed in full by the attorney and delivered to the court. The form is available at the court and on the court’s website at www.kern.courts.ca.gov by selecting Forms & Filing and Local Courts Forms. Forms submitted in person in the courtroom, at the clerk’s office window, or by U.S. Mail, must be submitted in duplicate and must be accompanied by a self-addressed, stamped envelope. 2. If any information requested on the Misdemeanor Informal Arraignment Form is omitted, the form will be rejected and returned to the attorney. 3. A date for pretrial will be set as directed by the Court, with the waiver of time required to participate in the informal arraignment process taken into account. In any case in which the District Attorney’s Office has filed an objection to setting an initial appearance past 21 days, the date for pretrial will be set accordingly. 4. The attorney for the defendant may locate the pretrial date set by the Court by accessing the court’s website at www.kern.courts.ca.gov by selecting Case Information, selecting Criminal Case Search, and then using the menu for Criminal Case Information and Calendar-Menu. 5. Any bail bond or cash bail posted, cite and release, or own recognizance release must remain in force from the date of the informal arraignment to the next appearance date in the matter. The attorney agrees that any bail bond or cash bail posted, cite and release, or own recognizance release issues are reserved for the next hearing date. 6. For informal arraignments submitted by electronic mail, U.S. Mail, or facsimile, or by submission at the appropriate Clerk’s Office, notice of the arraignment will be sent to the attorney by 5:00 p.m. on the court day following the date the Misdemeanor Informal Arraignment Form is signed by the judicial officer. If the informal arraignment request is rejected, the defendant and his or her attorney are required to appear in court on the originally scheduled in-court arraignment date. (e) Failure to Comply. Failure to comply with any of the provisions of this rule may result in the rejection of the informal arraignment request. Rule 5.1.3 Misdemeanor Arraignments (Effective 1/1/26; rev. 7/1/26) (a) Misdemeanor arraignment calendar sessions are to be open to all members of the public until the calendar session ends, even if the presiding judicial officer does not take the bench immediately. The session includes, but is not limited to, advisal of rights videos, conferences with attorneys, signing of paperwork and any other work necessary to complete the arraignment process while defendants are present. If, for health and/or safety reasons, or any other reason, this Rule cannot be followed on a particular day or session, the presiding judicial officer may enter the reasons into the record and consider alternative means of allowing access to the courtroom, such as audio stream procedures when available. (b) The presiding judicial officer of a misdemeanor arraignment calendar may make a collective advisal of constitutional and statutory rights to defendants, including the right to counsel. The Court will make available to all misdemeanor arraignment courts a pre-recorded video which may be used for this purpose. The presiding judicial officer of the misdemeanor arraignments shall obtain assurance from each individual defendant that the advisal was heard and understood. The presiding judicial officer maintains discretion regarding the form and manner of advisal of constitutional and statutory rights. (c) Defendants who are present in court for misdemeanor arraignments shall be advised that the Public Defender is available to them for immediate consultation, free of charge, before they enter a plea in their case. The Public Defender may offer individual consultations in cases in which they have not yet been appointed, but in which they reasonably anticipate being appointed. (Effective 7/1/26) (d) Probation Officers appearing in misdemeanor arraignment calendars are not to determine, convey, and/or negotiate plea offers or indicate sentences to defendants charged with misdemeanors. Probation Officers may assist defendants with terms and conditions of probation. Rule 5.1.4 Motions (Effective 7/1/03; rev. 1/1/06; rev. 1/1/15; rev. 1/1/20; renum. 7/1/23; renum. 1/1/26) All criminal matters filed for Law and Motion hearings shall comply with all applicable laws and Rules of Court, including the notice requirement that mandates notice be provided to all opposing counsel, co-counsel, and counsel for all codefendants. If a motion is to be abandoned, notice shall be given to the court as soon as reasonably possible. Business hours for the filing of any paper and court calendars concerning misdemeanor proceedings can be found on the Kern County Superior Court website at www.kern.courts.ca.gov. Rule 5.1.5 Appeal from Electronically Recorded Misdemeanor Proceedings (Effective 7/1/03; rev. 7/1/12; renum. 7/1/23; renum. 1/1/26) Rule 8.868 of the California Rules of Court is adopted and governs all misdemeanor appeals where the proceedings were electronically recorded. Rule 5.2 Felonies (Effective 7/1/03) Rule 5.2.1 Case Management (Effective 7/1/03) Rule 5.2.1.1 Arraignment (Effective 7/1/03; rev. 7/1/04; rev. 1/1/15) At the initial arraignment, each case will be assigned pre-preliminary hearing and preliminary hearing dates. Probation revocation and exclusion hearings may be set concurrently with the pre-preliminary hearing and preliminary hearing. At arraignment following an order holding the defendant to answer, each case will be assigned motion, readiness and trial dates. Arraignments are held as provided on the Kern County Superior Court website at www.kern.courts.ca.gov. Rule 5.2.1.2 Pre-Preliminary Hearing/Readiness Conference (Effective 7/1/03; rev. 7/1/15) At the pre-preliminary, and later at the readiness conference, the court will attempt to resolve the cases pending against the defendant. Rule 5.2.1.3 Motions – Generally (Effective 7/1/03; rev. 7/1/12; rev. 1/1/15; rev. 1/1/20) Motions are either evidentiary (requiring the presentation of evidence other than declarations or a transcript) or non-evidentiary and are heard pursuant to the Kern County Superior Court website at www.kern.courts.ca.gov. Except as otherwise provided by law or order shortening or lengthening time, motions must be filed and served no later than ten (10) court days before the hearing on the motion. Service is required on all opposing counsel, co-counsel and counsel for all codefendants. Rule 5.2.1.4 Notice Requirements Regarding Bail Review Hearings (Effective 7/1/26) Motions filed in felony cases for a bail review hearing, also known as a Humphrey Motion (In re Humphrey (2021) 11 Cal.5th 135), must be served on the Kern County Probation Department, located at 1415 Truxtun Avenue, Bakersfield, California 93301, at least two days prior to the hearing on the request. The clerk of the court shall reject any motion that does not contain proof of timely service on the Kern County Probation Department. Rule 5.2.1.4.1 Particular Motions (Effective 7/1/03; renum. 7/1/26) Rule 5.2.1.4.2 Motions to Sever/Consolidate (Effective 7/1/03; renum. 7/1/26) Motions to sever counts based exclusively upon the claim that separate classes of crimes are improperly joined must be set on the criminal calendar. All other motions to sever, including those based upon Aranda, must be made in the trial court. Motions to consolidate or to sever cases previously consolidated for trial must reflect in their title the number of each case for which consolidation or severance is sought, the applicable motion, trial, and readiness dates, and must also include a proposed amended information. The case number for a consolidated case is the lowest case number of the affected cases. Rule 5.2.1.4.3 Section 995 (Effective 7/1/03; renum. 7/1/26) Motions pursuant to Penal Code section 995 must refer by page and line to that portion of the transcript upon which the parties rely. Rule 5.2.1.4.4 Motions to Modify (Effective 7/1/03; rev. 1/1/15; renum. 7/1/26) Except for cases processed pursuant to Penal Code section 1210.10 (Proposition 36) and cases where sentence was imposed after trial, motions to modify sentences must be heard on the criminal calendar. Motions to modify cases processed pursuant to Penal Code section 1210.10 are heard pursuant to the Kern County Superior Court website at www.kern.courts.ca.gov. Rule 5.2.1.4.5 Orders Shortening Time (Effective 7/1/03; rev. 1/1/19; renum. 7/1/26) Applications for orders shortening time must be presented to the Clerk's Office and must include a proposed order providing in substance that service must be made upon opposing counsel no later than a.m. /p.m. on , 20 ; and opposing counsel may file a response no later than a.m. /p.m. on , 20 , without further order from the Court. Rule 5.2.2 Calendars (Effective 7/1/03; rev. 1/1/06; rev. 1/1/15) Business hours for the filing of any paper and court calendars concerning felony proceedings are set forth on the Kern County Superior Court website at www.kern.courts.ca.gov. Rule 5.2.3 Master Criminal Calendar (Effective 7/1/03; rev. 7/1/15; rev. and renum. 1/1/26) The Master Criminal Calendar Judge shall call the Master Criminal Trial Calendar in the department designated by the Presiding Judge to hear the Master Criminal Trial Calendar daily at the time fixed. Attorneys are required to be ready for trial and present unless excused by the Master Calendar Judge. (Effective 7/1/03; rev. 7/1/15; rev. 1/1/26) (a) Jury and non-jury cases set for trial shall proceed to trial on the date set, subject to availability of trial departments and divisions. (b) Cases for which no trial department or division is available on the day set will be placed on the trailing calendar to proceed to trial on the next available date in order of precedence on the trailing calendar and will take precedence over cases of the same class set for subsequent dates, except as otherwise ordered by the Master Criminal Calendar Judge. (Effective 7/1/03; rev. 7/1/15; rev. 1/1/26) (c) Any case remaining on the trailing calendar for ten court days without being assigned to a department or division for trial shall be reset to a date certain, and will be given precedence on such date, unless otherwise ordered by the Master Criminal Calendar Judge. (Effective 7/1/03; rev. 7/1/15; rev. 1/1/26) (d) Any department unable to proceed with a trial of a case assigned shall promptly notify the Master Criminal Calendar Department. (Effective 7/1/03; rev. 7/1/15; rev. 1/1/26) (e) No motions to continue a trial will be considered once the case is assigned to a trial department or division unless the grounds for the continuance were unknown and reasonably could not have been known when approved for trial. The motion will be heard at the earliest possible convenience by the Master Criminal Calendar Judge only, and if denied, will be reassigned to a trial department or division if available. (Effective 7/1/03; rev. 7/1/15; rev. 1/1/26) Rule 5.3 Rules Applicable to All Criminal Cases (Effective 7/1/03) Rule 5.3.1 Appointment of Investigators/Ancillary Services (Effective 7/1/03) Requests for the appointment of investigators or other ancillary services must be submitted to the Clerk's Office. In capital cases, such requests must be determined by the Presiding Judge. All other requests must be determined by the judge assigned to the criminal calendar, except that such requests made during trial must be made to the trial judge. Requests for funds must be accompanied by counsel's declaration indicating all charges and enhancements then pending, the amount sought, the reasons for that amount, the number and type of applications previously made, and the amount of funding previously ordered. Copies of papers previously submitted which resulted in an order denying funds must be attached to the declaration. Rule 5.3.2 Evidence Code Section 1017 (Effective 7/1/03) Appointments made pursuant to Evidence Code section 1017 may be made upon ex parte application. The party obtaining an appointment must serve a copy of the order upon the District Attorney's Office within two (2) court days of the order's date. Proof of service must be filed with the court. Rule 5.3.3 Release of Evidence/Discovery (Effective 7/1/03) Upon a written stipulation and for good cause shown, orders may be obtained permitting the release of physical evidence for the purposes of testing, the release of property (other than weapons and contraband) to its lawful owner, and uncontested discovery. Rule 5.3.4 Petitions for Dismissal Pursuant to Penal Code section 1203.4, 1203.4a, 1203.41, 1203.43, 1203.49 (Effective 7/1/03; rev. 7/1/25) (a) Misdemeanors and Infractions 1. Petitions will be initially handled ex parte. The matter will be placed on calendar for a formal hearing only by order of the reviewing Judicial Officer. 2. Judicial Council forms CR-180 and CR-181 are mandatory. 3. Prior to filing, the petition must be served on the Kern County District Attorney’s Office (“KCDA”) and the Kern County Probation Department (“KCPD”). Proof of service shall be filed with the Court concurrently with the petition for dismissal. 4. The Clerk will review the petition for completeness and for the presence of proof of service on both the KCDA and the KCPD. If the petition is complete and the proofs of service are attached, the Clerk’s Office will notify the KCDA and the KCPD that the petition has been accepted for filing. 5. Once a petition has been accepted for filing, the KCDA and the KCPD have 30 calendar days to respond. After 30 days, the petition and any response from the KCDA or the KCPD will be forwarded to the assigned Judicial Officer for review and orders. If neither the KCDA nor the KCPD file any response, the petition for dismissal may be deemed meritorious and granted without a hearing. 6. The Clerk’s Office shall notify the attorney for the petitioner, or the petitioner if they are not represented by an attorney, by e-mail. The Clerk’s Office will mail a copy of the order to petitioner if a self-addressed, stamped envelope has been submitted with the petition. No other notification is required. 7. A motion for the early termination or modification of probation shall be a separate noticed motion filed with the Court. (b) Felonies 1. A formal motion placing the matter on calendar is required on petitions for dismissal filed pursuant to Penal Code section 1203.4, 1203.41, 1203.43, 1203.49, or felony reduction pursuant to section 17(b). The Court will refer the matter to the KCPD for review and recommendation prior to the hearing on the motion. 2. A motion for the early termination or modification of probation shall be a separate noticed motion filed with the Court. Rule 5.3.5 Penal Code Section 186.11 Provisional Remedies (Effective 1/1/21) (a) Petition Initiating Proceeding Under Penal Code section 186.11: 1. A prosecuting agency seeking one or more of the provisional or protective remedies specified in Penal Code section 186.11(d)(2) must file a petition with the Criminal Division. The petition should be styled as a “Petition to Preserve Assets Under Penal Code section 186.11,” or similar designation. The filing of the petition commences a new proceeding. The clerk's office will assign the petition an “FP” case number. 2. The petition must contain the allegations required under Penal Code section 186.11(d)(2), including the specific assets and property to be affected by an order under Penal Code section 186.11. (b) Case Designation: All notices, applications, pleadings, claims, supplemental petitions, and papers filed in the proceeding under Penal Code section 186.11 must list the assigned “FP” case number on the front page of the filing, and must also list the criminal proceeding case number to which it is pendent, e.g., “Case no. FP00000X [Pendent to BF00000X].” (c) Order to Disclose Account Information; Supplemental Petition: 1. A prosecuting agency seeking an order requiring the disclosure of account information under Penal Code section 186.11(d)(S) must file an application for the order, which may be filed ex parte. The application should be styled as “Application for Order Disclosing Account Information Under Penal Code section 186.11(d)(S),” or similar designation. A proposed order must accompany the application. The application and proposed order will be submitted to a judge for review and action. 2. A supplemental petition identifying account information must contain the information required by Penal Code section 186.11(d)(S). A supplemental petition should be styled as a “Supplemental Petition Identifying Account Information,” or similar designation, and successive supplemental petitions should indicate if previous supplemental petitions have been filed, e.g., “First Supplemental Petition Identifying Account Information,” “Second Supplemental Petition Identifying Account Information,” etc. (d) Verified Claim by Person Claiming Interest in Property: Any claim that is filed by a person who claims an interest in assets or property described in a petition, supplemental petition, or order granting provisional or protective relief, must be verified. A verified claim must describe the asset or property in which the person claims an interest, and state the nature and amount of that interest. A verified claim submitted to the court for filing should be styled as “Claim of [name of claimant] Asserting Interest in Property.” A verified claim submitted to the court for filing must be accompanied by a proof of service on the prosecuting agency. (e) Hearing on Motion or Order to Show Cause (“OSC”) re: Preservation of Property; Temporary Restraining Order (“TRO”): 1. Concurrent with or subsequent to the filing of a petition under Penal Code section 186.11(d)(2), a prosecuting agency may schedule a hearing to obtain one or more orders described in Penal Code section 186.11(e) by: (a) serving and filing a noticed motion, or (b) obtaining from the court and serving an order to show cause (“OSC”). Hearing dates on noticed motions must be cleared with the Criminal Division before the motion is filed. An OSC may issue upon application to the court, which must describe the relief sought and applicable legal authority. An OSC may be issued ex parte, and the application must be accompanied by a separate proposed order. The proposed order should be styled as “Order to Show Cause re: Preliminary Injunction,” or similar applicable designation, and should leave space for the court to insert the date, time and place of the hearing. 2. Pending the hearing on the noticed motion or OSC to obtain one or more of the orders described in Penal Code section 186.11(e), a temporary restraining order (“TRO”) may issue, ex parte, upon application of the prosecuting agency. The application for a TRO must consist of: (a) an application describing the relief sought and applicable legal authority, (b) the sworn declaration of a peace officer required by Penal Code section 186.11(f)(l), and (c) the proposed TRO. Because the TRO is issued “pending” the hearing, it is limited in duration. The proposed TRO must include provisions that it is issued “pending the hearing on” the motion or OSC, and that the TRO “expires on” the date set for hearing on the motion or OSC, “unless the expiration date is extended by court order.” If the TRO is sought concurrently with the application for an OSC, the TRO may be included as part of the OSC. (f) Request for Hearing by Defendant or Claimant: 1. A defendant or a claimant who has filed a verified claim, who seeks a hearing under Penal Code section 186.11(f)(2) to determine if a TRO should remain in effect, or if other relief should be granted, must serve on the prosecuting agency and file with the court a request for hearing. 2. The defendant or claimant should contact the Criminal Division clerk to clear a hearing date. 3. The request for hearing should be styled as a “Request for Hearing by [name of person making request] Under Penal Code section 186.11(f)(2),” or similar designation, and must include the hearing date obtained from the Criminal Division clerk. Rule 5.3.6 Police Reports Concerning Confidential Personal Information (Effective 7/1/21) In accordance with Penal Code section 964 and the public policy set forth therein, prosecutors and law enforcement agencies should not submit police reports, arrest reports, or investigative reports containing “confidential personal information” (as defined in subd. (b) of Penal Code section 964) of victims or witnesses to the court in support of a criminal complaint, indictment, or information, or in support of a search or arrest warrant. Rather, prosecutors and law enforcement agencies should present the court with written declarations from law enforcement officers that are devoid of this confidential personal information. In the alternative to providing declarations to the court, the parties may submit copies of police reports, arrest reports or investigative reports that are redacted of all “confidential personal information” of victims and/or witnesses. The redacted copies of these reports provided to the court must be attached to a declaration attesting to the fact that all “confidential personal information” of victims and/or witnesses has been effectively redacted from the reports. The Court will not undertake the task of redacting any confidential personal information of victims or witnesses from documents submitted for the Court’s consideration. The burden to ensure that this information is not included within any documents presented falls squarely on the agencies preparing and presenting them to the court. In this respect, the Court may exercise its discretion to accept or reject a police, arrest, or investigative report containing confidential personal information that is submitted in support of a criminal complaint, indictment, or information, or in support of a search or arrest warrant. Rule 5.3.7 Access to Previously Filed Reports in Criminal Cases by Counsel of Record (Effective 1/1/23) Prior to a hearing on (1) resentencing, (2) a request that prior serious felony enhancements be stricken, or (3) a petition for the issuance of a certificate of rehabilitation, and if a proper request to review the court file, including any reports previously filed by the probation officer or psychologist, the attorney for each party is deemed authorized by law, pursuant to Penal Code section 1203.05(d), to inspect and receive a copy of any probation report(s) or mental health report(s) pertaining to the petitioner. Upon a request submitted to the Clerk’s Office, and without further order of the Court, such reports will be provided to the petitioner’s attorney of record and the Office of the Kern County District Attorney. The reports received by counsel shall not be released to the public, and standard court costs and fees for the production of documents will apply. Rule 5.3.8 Bail Schedule (Effective 1/1/23) Under Penal Code section 1269(b)(d), the Presiding Judge may appoint a committee of judges to prepare, adopt, and annually revise the uniform countywide schedule of bail for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions. The bail schedule will be deemed adopted by the Court upon approval by a majority of the judges appointed to the committee at the time of review. The schedule will be effective on the date adopted or as specified by the approving judges. Rule 5.3.9 Trial Jurors Identifying Information (Effective 1/1/25) As directed by the Judge after a criminal jury’s verdict is recorded, attorneys are required to collect and place any personal identifying information of trial jurors from their notes into separate envelopes. This includes any information stored electronically. Counsel must print out the electronic information, erase the electronic records, and include the printouts in the envelopes. These envelopes are to be sealed and held until further order of the Court.
Chapter V. Criminal Rules Rule 5.1 Misdemeanors (Effective 7/1/03) Rule 5.1.1 Filings of Actions (Effective 7/1/03; rev. 7/1/12) All misdemeanor cases filed in the Superior Court of California, County of Kern, will be presented at the Criminal Division/Counter of the appropriate Court Division. Filings are accepted Monday through Friday from 8:00 a.m. to 4:00 p.m. Rule 5.1.2 Misdemeanor Informal A
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 63 to 71, printed pages 62 to 70) 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).
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.
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.