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Chapter VII, Sections Three to Five, Rules 7.5 to 7.11: reciprocal informal pretrial discovery in dependency cases, and a petition for formal discovery only after all informal means have been exhausted (7.5 to 7.5.2); Social Study Reports made available to all counsel and to any CASA volunteer before the hearing (7.5.3); juvenile dependency mediation - its purpose, referral, confidentiality, reports to the court, the social worker's role, complaints, noncompliance and contempt (7.6 to 7.6.8); requests for transcripts (7.7); notice of continuances to the CASA office (7.8); an additional copy of a document for each additional minor (7.9); the Welfare and Institutions Code section 709 protocol (7.10); and medical experts for hearings under Welfare and Institutions Code section 707 (7.11).
California > Fifth Appellate District > Kern County > Superior Court of California, County of Kern
Section Three – Proceedings Rule 7.5 Pre-Hearing Discovery – Dependency Cases (California Rules of Court, rule 5.546) (Effective 7/1/03; rev. 1/1/20) Rule 7.5.1 Pretrial Discovery in Proceedings under Welfare and Institutions Code section 300 – Dependency Cases (California Rules of Court, rule 5.546(a)) (Effective 7/1/03; rev. 1/1/20) Pretrial discovery shall be reciprocal and shall be conducted on an informal basis. Except as protected by statute, claim of privilege, or other good cause, all relevant material shall be disclosed in a timely fashion to all parties to the litigation and/or made available to the parties upon request. Rule 7.5.2 Formal Discovery (California Rules of Court, rule 5.546) (Effective 7/1/03; rev. 1/1/20) (a) Formal Discovery. Only after all informal means have been exhausted may a party petition the court for discovery. Any noticed motion shall specifically, and clearly designate the items sought, the relevance and materiality of the information, and shall state that a timely informal request has been made for items at least five (5) court days before the motion was filed, that the other party has not provided or refused to provide them, and the reasons why informal discovery was not adequate to secure that information. The motion, with supporting declaration(s) and a memorandum of points and authorities, shall be served on all parties at least five (5) court days before the hearing date. The date for the hearing shall be obtained from the Court Clerk, Juvenile Division. A copy shall be served on the court before whom the matter is scheduled to be heard. Any responsive papers shall be filed and served two (2) court days prior to the hearing. (Effective 7/1/03; rev. 1/1/20) (b) Civil Discovery. In order to coordinate the logistics of discovery in dependency cases, there shall be no depositions, interrogatories, subpoenas of juvenile records or other similar types of civil discovery without approval of the court upon a noticed motion. (Effective 7/1/03; rev. 1/1/20) Rule 7.5.3 Presentation of Evidence (Welfare and Institutions Code sections 280, 281; California Rules of Court, rule 5.690) (Effective 7/1/03; rev. 1/1/20) (a) Social Study Reports prepared by the Department of Human Services shall be made available to all counsel and to any CASA volunteer before the hearing in accordance with the following time limitations unless otherwise ordered by the court: (Effective 7/1/03; rev. 1/1/20) 1. The Jurisdictional Report shall be admissible as provided in Welfare and Institutions Code section 355 and is due within a reasonable time before the hearing, but at least three (3) court days before the hearing. (Effective 7/1/03; rev. 1/1/20) 2. The Dispositional report/social study is due at least 48 hours before the disposition hearing is set. (California Rules of Court, rule 5.690) (Effective 1/1/20) 3. Review of Dependency Status and Status Review Reports are due at least 10 calendar days before the hearing. (Effective 7/1/03; rev. 1/1/20) 4. All other reports shall be due a reasonable number of days before the hearing. (Effective 7/1/03; renum. 1/1/20) (b) If the court does not find good cause for the failure to file a social study report in a timely fashion, the court may impose appropriate sanctions. (c) The names of any experts to be called by any party and copies of their reports, if not part of a Social Study Report prepared by DHS, shall be provided to all counsel at least 10 calendar days before the hearing. (Effective 7/1/03; rev. 1/1/20) (d) Offers of Proof. The party presenting evidence may utilize an offer of proof with regard to any witness. Other parties shall have an opportunity to examine the witness after any offer of proof is made. (Effective 1/1/20) Rule 7.6 Juvenile Court Dependency Mediation (Welfare and Institutions Code section 350; Judicial Administration Standards Section 24.6) (Effective 7/1/03; rev. 1/1/20) Rule 7.6.1 Process and Purpose of Juvenile Dependency Mediation (Effective 7/1/03; rev. 1/1/20) At the discretion of the court, a case may be referred to confidential mediation in an attempt to resolve jurisdictional and/or dispositional issues in dispute or case related problems, and to develop a related plan that is in the best interests of the child. Juvenile dependency mediation is a problem-solving forum in which a neutral person assists the parties in identifying and discussing the issues in an attempt to reach a full or partial agreement. The mediator is not a judge and has no authority to decide the case. The goal of juvenile dependency mediation is to find a negotiated resolution acceptable to all parties. Juvenile dependency mediation provides the parties an opportunity to re-frame their relationship from that of adversaries to cooperative partners. (Effective 7/1/03; rev. 1/1/20) The mediator will meet with the parents or guardians, with the Department of Human Services’ Social Worker and/or supervisor, and with counsel for all the parties including the child(ren) to discuss their issues and concerns. No agreement will be made without the input of the interested parties and their concurrence. Children may attend juvenile dependency mediation sessions with their attorney’s consent. CASA representatives may attend sessions of the children for whom they are appointed. Support persons may also be included in juvenile dependency mediation provided child’s counsel waives the child’s right to confidentiality, the parents agree to the support person’s participation and the support person is a relative, a non-relative extended family member, a counselor or member of the clergy. The mediator may meet with each party separately or may work with everyone together in the same room. (Effective 7/1/03; rev. 1/1/20) Rule 7.6.2 Referral to Dependency Mediation (Effective 7/1/03; rev. 1/1/20) A case may be referred to juvenile dependency mediation at several points during the juvenile court’s dependency process: before the jurisdictional hearing, at jurisdiction, at disposition, at any review hearing, or for exit orders. (Effective 7/1/03; rev. 1/1/20) Cases are referred to juvenile dependency mediation by a court order. Any party may request juvenile dependency mediation during the dependency process. The judge may also order juvenile dependency mediation. The parties involved in juvenile dependency mediation will determine the issues to be mediated through consultation with each other, the mediator, and the court. Rule 7.6.3 Mediation Confidentiality (Effective 7/1/03; rev. 1/1/20) Juvenile dependency mediation is a confidential process. Each party, including any support person, will sign a confidentiality statement which explains that the information learned as a result of juvenile dependency mediation cannot be disclosed in the proceedings by any of the parties with the following exceptions: Reasonable suspicions of child abuse not previously reported, threats of harm to self or others, and the written report outlining the resolved and contested issues. All parties and CASA representatives are relieved of confidentiality restrictions while participating in juvenile dependency mediation. Juvenile dependency mediators have a duty when confronted with serious threats of violence against reasonably identifiable victims not previously reported, to make reasonable efforts to communicate such threats to the victim or victims and to a law enforcement agency. (Tarasoff v. Regents of University of California (1976) 17 Cal.3d 425, 431, 438) (Effective 1/1/20) Rule 7.6.4 Reports to the Court (Effective 7/1/03; rev. 1/1/20) Upon completion of mediation, the juvenile dependency mediator will report to the court what areas of agreement have been reached and what issues remain in dispute. A copy of the juvenile dependency mediator’s report will be provided to each of the attorneys involved in the case, to County Counsel, to DHS, and to the Clerk of the Juvenile Court. The juvenile dependency mediator will not discuss the case with any party outside the juvenile dependency mediation session or with the court at any time. Rule 7.6.5 Role of the Social Worker (Effective 7/1/03) The Department of Human Services will have a social worker and/or supervisor present at juvenile dependency mediation who is knowledgeable concerning the particular case and who is empowered to make decisions concerning that case on behalf of the department, subject to consultation with their counsel. Rule 7.6.6 Complaints (Effective 7/1/03) The Local Policies and Procedures for Dependency Mediation in Kern County complaint forms are available from the Clerk of the Juvenile Court. Rule 7.6.7 Noncompliance (Effective 7/1/03; rev. 1/1/20) Failure of any person, including attorneys, to comply with any court order described in this section, including attendance at a mediation conference and timely submission of social studies reports, may result in the imposition of sanctions pursuant to Code of Civil Procedure section 177.5. Rule 7.6.8 Contempt/Breach of Confidentiality (Effective 7/1/03) A breach of juvenile dependency mediation confidentiality may result in sanctions including contempt and/or the imposition of monetary sanction. Rule 7.7 Requests for Transcripts (Effective 7/1/03; renum. 1/1/20) Any party requesting the court to pay for a reporter’s transcript shall apply in writing to the judicial officer who heard the matter in question or to the Presiding Judge. Alternatively, a party may orally request at a court hearing that the court order a transcript be prepared. Section Four – Motions and Orders Rule 7.8 Notice to CASA re: Continuance (Effective 7/1/03; rev. and renum. 1/1/20) When a Motion for Continuance is made pursuant to written stipulation of the parties, the CASA volunteer need not sign the stipulation to obtain the continuance; however, the CASA office must be notified of any continuance dates. Rule 7.9 Documents Presented for Filing (Effective 7/1/03; renum. 1/1/20) For cases involving multiple minors, counsel/parties shall submit one additional copy of the document for each additional minor named on any document submitted to the court for filing. The Superior Court Clerk’s Office will place the additional copies in each minor’s file. Section Five – Juvenile Justice Proceedings Rule 7.10 Welfare and Institutions Code section 709 Protocol (Effective 1/1/20) In all Juvenile Justice proceedings where a doubt as to the competency of the minor has been declared under Welfare and Institutions Code section 709, the protocol adopted by this juvenile court pursuant to Welfare and Institutions Code section 709(h)(5)(A)(i) must be followed by all parties. The protocol is on file with the clerk’s office at the Juvenile Justice Center. Rule 7.11 Medical Experts for Hearings Held Under Welfare and Institutions Code section 707 (Effective 7/1/03, rev. 7/1/17; rev. 1/1/25) When a motion to transfer a minor to a court of criminal jurisdiction is filed under Welfare and Institutions Code section 707, the Kern County Probation Department will prepare a report. If the minor’s attorney wishes to retain their own expert, they must submit an ex parte funding application to the court. If the application is approved, the attorney will be authorized to engage their own expert.
Section Three – Proceedings Rule 7.5 Pre-Hearing Discovery – Dependency Cases (California Rules of Court, rule 5.546) (Effective 7/1/03; rev. 1/1/20) Rule 7.5.1 Pretrial Discovery in Proceedings under Welfare and Institutions Code section 300 – Dependency Cases (California Rules of Court, rule 5.546(a)) (Effective 7/1/03; rev. 1/1/20) Pretrial discovery shall be reciprocal and shall be conducted o
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 98 to 101, printed pages 97 to 100) 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.