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Chapter 4: civil and small claims parties arranging and paying for their own interpreters, except as provided by law or ordered (400); attorney's fees in default cases fixed in accordance with the court's Attorney Fee Schedule, Appendix A (401); parcel numbers or symbols identifying each parcel in eminent domain cases involving more than one parcel (402); small claims cases disposed of 90% within seventy-five (75) days and 100% within ninety-five (95) days after filing, a continuance of up to thirty (30) days for service on good cause, after which the case may be dismissed or judgment rendered for the defense if proof of service is not filed, continuance requests in writing and served, and untimely notices of appeal not accepted unless a writ of mandate has been issued (403(A) to 403(D)); an incarcerated party appearing by declaration filed at least five (5) court days before the hearing or by a representative serving without compensation (403(E)); unlawful detainer cases disposed of 90% within thirty (30) days and 100% within forty-five (45) days after filing, and service on all named defendants with proof of service, or an application for service by posting, filed within fifteen (15) days after the complaint is filed (404(A) and 404(B)); a status conference within forty-five (45) days, noticed by the plaintiff to all named defendants, with telephone appearances scheduled with the court's designated vendor or, where the responsive pleading deadline will not lapse by the conference, a plaintiff's declaration of good faith efforts filed at least five (5) court days before it (404(C)); a Request to Set Case for Trial (UD-150) filed within fifteen (15) days after the answer, a counter request within five (5) days, and an ex parte application under rule 3.1200 to continue a trial date which will cause it to exceed the 20-day deadline of section 1170.5(a) (404(D)); a dismissal hearing for failure to comply (404(E)); a physical description of the individual served in a proof of service on a fictitiously named defendant, a hearing to prove damages within six (6) months after a clerk's judgment for restitution, an undertaking for immediate possession of ten (10) times the monthly rental but not less than $2500.00, the street address and zip code in a judgment for possession, and the mailing address for notice in stipulations and settlement agreements (404(F) to 404(J)); applications for stay of execution directed first to the trial judge, a stay of up to 40 days in a limited civil case or 70 days in an unlimited case without the landlord's consent, Local Form UD-10 or a declaration with the same information served before filing, and any opposition filed and served not less than two (2) court days before a hearing (404(K)); the person compromising a minor's or incompetent adult's claim attending the hearing, fees determined under rule 7.955, contingency fees normally 25% before trial, one-third after trial has commenced and 40% after the appellant's opening brief, trusts complying with rule 7.903, and a new probate proceeding for a trust subject to Probate Code section 17200 (405); a background check and electronic fingerprint scan on petitions for a name change, Guardianship, Conservatorship or Stepparent Adoption, a Live Scan for minors fourteen (14) years of age or more whose names are to be changed, and the petitioner to pay the Live Scan provider's fee (406); the court's informational policies on inmate personal property claims - a preference for the Small Claims Division under $10,000.00, the full filing fee for writ petitions and civil complaints, and no appointment of counsel (407); default judgments on declarations under Code of Civil Procedure section 585(d) as the preferred procedure, submitted as a single packet under rule 3.1800, a hearing date reserved before filing where testimony will be offered, the packet filed at least ten (10) court days before it, and a mandatory evidentiary hearing in quiet title actions (408); and a judgment creditor adding post-judgment interest to a Writ of Execution or Application for Renewal of Judgment to file and serve a Memorandum of Costs After Judgment (form MC-012) with a declaration of the interest calculations (409)
CHAPTER 4 – MISCELLANEOUS CIVIL RULES RULE 400 – Interpreters Except as provided for by law or ordered by the court, interpreters will not be provided for civil or small claims matters. Upon request, the clerk will provide the names of authorized interpreters with whom a party may arrange for interpreting services or may refer the party to the court’s Interpreter Coordinator. Any party requiring t
Reviewer note: Composed 2026-10-15 (California T4 Kings build 2026-10-15) from BenchPath custody ca/t4/ca-kings/docs/local-rules/kingscountylocalrules_07-01-26.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF KINGS Local Rules of Court (July 1, 2026)”, as fetched 2026-10-15; 1404126 bytes, sha256 5afc44ac2f5fa421cca2659bfcef2f97cc69851872a6b71f3834afa29c1bc7e3; 136 pages; this part PDF pages 50 to 59, page numbers 43 to 52) with the shared verbatim composer (v2 reflow): the rules and the appendix (PDF pages 8 to 112) composed as one text and cut at the chapter headings, and within Chapters 1, 3, 5 and 7 at a part or rule heading (“RULE 126 – Submission of Documents for Filing”, “RULE 310 – Joining Motions of Other Parties”, “Part 2 – Rules Applicable to Felony Cases and Misdemeanor Cases Joined or Consolidated with a Felony for Trial”, “RULE 710 – Applications for Family Law Court Orders”, “RULE 720 – Custody Orders and Agreements”, “RULE 732 – Experts Pursuant to California Evidence Code § 730”, “Part 2 – Child Support and the Kings County Department of Child Support Services”, “APPENDIX A”), each matched once as a whole line; the three rules whose instructions print example case numbers - Rule 125 (E-Filing Rules), Rule 309 (Legal Research Copy) and Rule 731 (Judicial Notice in Family Law Matters - Department 4) - cut out as parts of their own and held from publication (a case number's form, even an example's, is never published); every page's running head (“KINGS COUNTY SUPERIOR COURT – LOCAL RULES”, named) and footer lines (the chapter's name, “Appendix A” and “Page 1” to “Page 105”, named) removed as chrome - 314 chrome lines; lines reflowed into the rules' paragraphs, each rule number and lettered or numbered subdivision starting a line; the strike report (review/strike-report-2026-10-15.txt) finds one blank struck run in the book, on PDF page 115 (the Index by Number, outside the rules); 3 whitespace-only fixes (build/book-fixes.json: Rule 102's definition of “CASA” split from the definition before it; Rule 604's “within Rule 5.546 of the California Rules of Court” rejoined to its sentence; the Juvenile Court Rules' CASA contact's two lines split); the vertical-gap, short-line, page-break, false-break and structural-break audits (review/book-gap-audit-2026-10-15.txt, review/book-short-lines-2026-10-15.txt, review/book-extra-audits-2026-10-15.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 7), the Index by Number (113 to 119), the Subject Matter Index (120 to 126) and the List of Effective Dates (127 to 136) belong to no card.
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 > Kings County > Superior Court of California, County of Kings
CHAPTER 4 – MISCELLANEOUS CIVIL RULES RULE 400 – Interpreters Except as provided for by law or ordered by the court, interpreters will not be provided for civil or small claims matters. Upon request, the clerk will provide the names of authorized interpreters with whom a party may arrange for interpreting services or may refer the party to the court’s Interpreter Coordinator. Any party requiring the services of an interpreter is responsible for arranging and paying for the services of such interpreter. Information regarding the fee for interpreter services is available from the Interpreter Coordinator and court clerk. (Eff. 1/1/99; amended 7/1/08) RULE 401 – Attorney Fee Schedule Except as otherwise ordered by the court, Attorney’s fees in default cases, when allowable in designated cases, shall be fixed in accordance with the court’s fee schedule. A copy of the court’s Attorney Fee Schedule is set forth herein as Appendix A. (Eff. 1/1/99; amended 1/1/09; amended 7/1/21) RULE 402 – Eminent Domain Pleadings A. In eminent domain cases involving more than one parcel of property, the plaintiff’s complaint shall set forth parcel numbers or symbols to identify each parcel of property. A defendant’s answer, demurrer, or written appearance shall set forth, in the space below the number of the case and in parentheses, the parcel numbers or symbols that identify the property claimed or owned by him or her. B. The clerk shall include in the index opposite the name of each defendant the parcel numbers or symbols that identify the property in which the defendant is alleged to have an interest. C. The court may, for good cause shown, order any paper to be filed without a parcel number or symbol. (Eff. 1/1/99 as Rule 404; renumbered 7/1/08) RULE 403 – Procedures in Small Claims Matters A. Case Disposition Time – The court shall endeavor to dispose of all small claims cases as follows: 90% within seventy-five (75) days after filing; and 100% within ninety-five (95) days after filing. B. Unserved Defendants – If proof of service on any defendant in a small claims case has not been filed by the date set for trial, the court may order a continuance of the trial date for up to thirty (30) days to enable the plaintiff to effectuate service, upon showing of good cause and due diligence in attempting to effectuate service on the defendant. If proof of service has not been filed by the continued trial date, or if the plaintiff does not appear for trial, the court may dismiss the case with or without prejudice or render judgment for the defense. C. Continuances – Any request for a continuance must be in writing and served on the opposing party or parties pursuant to Code of Civil Procedure section 116.570. D. Untimely Appeals – No notice of appeal from a small claims judgment shall be accepted for filing after the statutory period for filing such appeal has expired, unless a writ of mandate ordering the clerk to file the notice of appeal has been issued. Any untimely notice of appeal from a small claims judgment erroneously accepted for filing may subsequently be rejected or stricken sua sponte by the court. E. Incarcerated Plaintiffs – Pursuant to Code of Civil Procedure section 116.540(f), a party incarcerated in a penal institution need not personally appear at the trial of a small claims action and may submit evidence by declaration or may authorize another individual to appear and participate on his behalf if the representative is serving without compensation and has appeared for others no more than four times during the calendar year. Due to significant security and safety concerns that generally arise in connection with the transportation and production of incarcerated individuals, and unless an order for telephonic appearance has been issued by the court, incarcerated individuals shall appear at all small claims hearings in one of the manners provided for by Code of Civil Procedure section 116.540(f). Declarations submitted pursuant to Code of Civil Procedure section 116.540(f), should be filed at least five (5) court days prior to the hearing. Where a declaration has not been received by the court and no representative appears at a small claim hearing on behalf of an incarcerated individual, dismissal of the action and/or entry of default judgment may occur. Unless good cause has been shown to exist, a copy of the declaration and all attachments thereto must be served prior to the hearing upon all opposing parties. A sample “Declaration in Support of Plaintiff’s Claim” is available on the court’s website and/or upon request. (Eff. 1/1/99 as Rule 405; amended and renumbered 7/1/08; amended 1/1/10) RULE 404 – Procedures in Unlawful Detainer Cases A. Case Disposition Time – The court shall endeavor to dispose of all unlawful detainer cases as follows: 90% within thirty (30) days after filing; and 100% within forty-five (45) days after filing. B. Service and Filing of Proof of Service – Within fifteen (15) days from the date the unlawful detainer complaint was filed, a plaintiff shall either serve all named defendants and file a proof of service with the court or file an application for service by posting. If service is made by posting, proof of service must be filed within fifteen (15) days of issuance of the order. C. Status Conference – Within forty-five (45) days from the filing of the complaint, a status conference will be conducted in all pending unlawful detainer cases where a default has not been entered and/or a trial date has not been set by the court. Notice of the date, time and location of the status conference shall be served by the plaintiff upon all named defendants in the same manner as the unlawful detainer complaint. 1. Parties are required to appear at the conference ready to advise the court as to the status of the litigation. No written statements need be filed by the parties prior to the conference, however, any party wishing to appear at the conference by telephone must schedule such appearance with the court’s designated vendor prior to the noticed hearing date. 2. If the Complaint has been served, but the deadline for the filing of a responsive pleading thereto will not lapse by the date on which the conference is scheduled to occur, plaintiff and/or plaintiff’s counsel may appear at the conference via the filing of a declaration setting forth all facts demonstrating that good faith efforts are being taken by him or her to comply with the case disposition standards set forth above. The declaration must be filed with the court at least five (5) court days prior to the scheduled conference. In addition, the declaration must be accompanied by a proposed order resetting the conference to a date beyond the applicable responsive pleading deadline. If such declaration cannot be timely filed, plaintiff and/or his or her attorney of record shall appear at the conference as provided in Paragraph 1 above. D. Request to Set Trial Date – 1. Within fifteen (15) days from the date the unlawful detainer answer is filed, the plaintiff shall file a Request to Set Case for Trial (UD-150), unless a judgment, request for dismissal, or notice of conditional settlement has been filed. By filing a Request to Set Case for Trial, a party represents that the case is at issue and will be ready to proceed to trial on the date assigned. The opposing party may object to the Request to Set Case for Trial in an unlawful detainer action by serving and filing a counter request within five (5) days. In the event that a jury trial is requested and set, both parties shall comply with Local Rule 312 – Rules for Civil Trial. 2. Any request to continue a trial date which will cause the date of trial to exceed the 20-day deadline set forth in California Code of Civil Procedure, section 1170.5(a), must be presented via ex parte application consistent with California Rules of Court, rule 3.1200, et seq. E. Dismissal Hearing – Failure to comply with this rule will result in the scheduling of a dismissal hearing requiring the attendance of all counsel and any unrepresented parties who have appeared in the case to show cause why the case should not be dismissed. Failure of the plaintiffs to appear shall result in dismissal of the case. A dismissal hearing will be taken off calendar if a judgment, request for dismissal, notice of conditional settlement or a Request to Set Case for Trial is filed with the court prior to the date of the dismissal hearing. F. Defaults of DOE Defendants – Before any default or default judgment will be entered by the court against a fictitiously named defendant, a proof of service must be filed which fully complies with the provisions of California Code of Civil Procedure section 474 or otherwise demonstrates personal service upon the fictitiously named defendant of a copy of the Complaint, Summons, and Amendment to Complaint providing adequate notice to the fictitiously named defendant of his involvement in the litigation. All proofs of service reflecting service of the Complaint, Summons and/or Amendment to Complaint upon a fictitiously named defendant shall include a physical description of the individual served. Service of any documents following the entry of default against one or more named defendants in the litigation shall comply with the provisions of Code of Civil Procedure section 1010. G. Hearing to Prove Damages – After a clerk’s judgment for restitution of the premises has been entered, a plaintiff seeking to recover money damages must set the case for a hearing within six (6) months after the judgment is entered. A personal appearance will not be required if a declaration is submitted pursuant to Section 585(b) and (d) of the Code of Civil Procedure. H. Undertaking for Immediate Possession of Premises – Unless otherwise ordered by the court, the minimum amount of undertaking required for an order for immediate possession of premises, pursuant to Section 1166a of the Code of Civil Procedure, shall be ten (10) times the amount of monthly rental, but not less than $2500.00. I. Judgment – When a judgment for restitution or possession of the premises under Code of Civil Procedure section 1169 or 1174 is prepared and submitted by plaintiff, it shall describe with reasonable certainty the real property that is the subject of the judgment, giving its street address (including the zip code), if any, or other common designation, if any. J. Stipulations for Entry of Judgment and Settlement Agreements in Unlawful Detainer Cases – Unless notice is expressly waived by the terms of a settlement agreement or stipulation for entry of judgment in an unlawful detainer case, any such agreement or stipulation must include the mailing address of the party entitled to receive notice of any future hearings, including a hearing regarding default in the terms of the agreement or stipulation. K. Application for Stay of Eviction 1. After the issuance of Judgment and Writ of Possession, any party-initiated application for stay of execution must be directed first to the trial judge who rendered the Judgment. The court may stay execution of the judgment for up to 40 days without the landlord’s consent in a limited civil case, or up to 70 days in an unlimited case. 2. Any Application for Stay of Execution must be presented using Kings County Superior Court Local Form UD-10 or a declaration which includes the same information. Subject to page limitations otherwise set forth within the Local Rules of the Kings County Superior Court, additional pages may be added to Local Form UD-10 as needed. Any Applications submitted without the use of Form UD-10 must on either the first or last page, include the following advisement in at least 12-point type: NOTICE TO LANDLORD/OWNER: You are being served with a copy of this Application because the Defendant in this case has sought an order staying execution of a Judgment and Writ of Possession previously issued. If you wish to oppose the Application, you should immediately file and serve your written opposition. If a hearing is set in regard to the Application, you will be mailed notice by the court. Please see Kings County Superior Court Local Rule 404 for more information about this process. 3. Prior to filing, an Application for Stay of Execution must be served via personal delivery, overnight mail, or electronic service upon the opposing party or their attorney of record. Proof of service must accompany the Application at the time of filing. 4. Applications for Stay of Execution will be processed as follows: (a) Two (2) court days after receiving an Application for Stay of Execution, the Application will be directed to the trial judge who rendered the Judgment and/or a designee of the presiding judge. No hearing date will be set. (b) The trial judge will review the Application to determine whether: the application should be granted without hearing, a hearing should be set, or the application should be denied without hearing. If a hearing is set, the Clerk of the Court will mail notice to all parties in this action as to the date, time, and location of the same. (c) If a hearing date is set and a stay of execution is ordered pending that hearing, the Clerk of the Court will notify the Kings County Sheriff’s Department that temporary stay of execution has been issued by the court. (d) Where a hearing date is set by the court, any party wishing to oppose the Application who has not already filed an opposition with the court, may file and serve a written opposition. The opposition shall be filed and served not less than two (2) court days prior to the hearing. Any documents received less than two (2) courts prior to the hearing may not be considered by the court or may result in a delay of the hearing. Service of the opposition shall be completed via personal delivery, overnight mail, or electronic service. 5. A separate Application must be filed by each Defendant seeking to stay execution of a writ of possession. 6. Nothing contained herein restricts the ability of the trial judge to sua sponte stay enforcement of Judgment or a writ of Possession. (Eff. 1/1/99 as Rule 406; renumbered 1/1/17; amended 7/1/18; amended 7/1/22; eff. amended 1/1/24) RULE 405 – Compromise of Minors or Incompetent Adults A. The person compromising the claim on behalf of the minor or incompetent adult must attend the hearing of the petition, unless the court orders otherwise. At the time of the hearing, the court will determine the amount of costs, expenses, and attorney’s fees to be allowed from the proceeds of the settlement in the manner set forth in California Rule of Court, rule 7.955. This necessitates submission of an account of the services rendered, hourly fee charged, and itemization of the costs incurred. If a contingency agreement was entered into, a reasonable fee for compromise of a claim of a minor or incompetent adult is normally 25% of the proceeds of the settlement when trial has not commenced, one-third after a trial has commenced and 40% when settlement is entered into after filing appellant’s opening brief on appeal. The court may award more or less than these amounts if such fees are found reasonable by the court. B. Any compromise of a settlement contemplating the creation of a trust from the settlement proceeds or a special needs trust as set forth in Probate Code section 3600 et seq. must comply with California Rule of Court, rule 7.903. A copy of the trust is to be provided to the judge in the civil proceeding hearing the matter, who shall review the trust terms for compliance with the law. The judge shall supervise the setting and posting of any trustee bond required under the terms of the trust or by law, prior to the transmittal of the settlement proceeds to the trustee. C. If the order of the court provides that the trust is subject to the provisions of Probate Code section 17200 and California Rule of Court, rule 7.903, the trustee shall open a new probate proceeding and pay a “first petition” filing fee. The trustee shall file a petition in the probate file entitled “Petition for Review of Compliance with Order pursuant to Probate Code section 3602 or 3604,” attach a copy of the order approving the compromise of the minor or incompetent adult’s claim as an exhibit and cause the petition to be set for a noticed hearing. Such petition will then be reviewed for compliance with the orders compromising the claim, funding of the trust, and setting of future dates for the filing of the first annual account. The hearing on the petition may then be ordered off calendar by the court if all the pleadings appear to be in order and no objection has been filed. (Eff. 1/1/10) RULE 406 – Petition for Change of Name A background check and electronic fingerprint scan will be required when a petition for a name change, Guardianship, Conservatorship, and Stepparent Adoption has been filed. The purpose of the background check is to verify that the petitioner is not on probation, parole, or a registered sex offender. (Code Civ. Proc. § 1279.5 (e).) When a minor’s name is to be changed, a Live Scan will be requested for minors fourteen (14) years of age or order. A Live Scan consists of a check of electronic fingerprint records maintained by the Department of Justice, the Child Abuse Central Index and possibly the FBI. Live Scan locations have been identified in an information packet that is available for purchase from the court clerk. Petitioner shall pay the fee charged by the Live Scan provider. The petitioner shall complete the Live Scan application form with the requested information and provide the Live Scan provider valid photo identification. Failure to provide the requested information will delay the petition and/or otherwise preclude the completion of the required investigation. (Eff. 7/1/11; amended 1/1/16; amended 1/1/25) RULE 407 – Court Policy on Inmate Personal Property Claims Introduction: The court receives numerous claims from inmates under the custody of the California Department of Corrections and Rehabilitation and/or Kings County Jail. These claims seek monetary damages, performance of alleged mandatory duties, or replacement of personal property alleged to have been damaged, lost or destroyed by prison/jail officials. Such claims are often plagued by defects which ultimately frustrate litigants and result in unnecessary delays and the expenditure of limited inmate and public resources. The goal and intention of “Court Policies for Inmate Claims” is to provide inmates with sufficient information to make an informed decision as how to best pursue their request for relief. The policies set forth below are informational only. They do not impose any mandatory duty upon a party and/or the court. COURT POLICY #1: Where the value of the property placed at issue in an inmate personal property claim is less than $10,000.00, IT IS THE PREFERENCE OF THE COURT THAT THE CLAIM BE PURSUED IN ITS SMALL CLAIMS DIVISION. (Cal. Code of Civ. Proc. § 116.221.) The summary nature of trials in the Small Claims Division makes the resolution of inmate personal property claims less time consuming and a less expensive remedy for litigants to pursue. Small claims court actions by inmates are resolved without the assistance of counsel and by declaration and/or authorized appearance of another individual. (See, Cal. Code of Civ. Proc. §§ 116.530(b), 116.540(f); Rule 403(E).) In addition, the filing fee for a claim pursed in the Small Claims Division is significantly less than that charged in connection with petitions for writ of mandate or a civil complaint for damages. [In 2016, Small Claims Division filing fees ranged from $30 to $75. (Cal. Code of Civ. Proc.§ 116.230(b).] COURT POLICY #2: Inmates pursuing claims via a petition for writ of mandate or civil complaint for damages will be charged the full amount of the scheduled filing fee in accord with California Government Code section 68635. Under California Government Code section 68635, the fee is collected by installment payments paid from the inmate’s trust account. A granted Fee Waiver does not excuse an inmate from paying the required fee. In addition, the entire filing fee must be paid even if the petition is summarily denied, or judgment is entered without a hearing on the merits. COURT POLICY #3: Regarding most inmate claims, some showing of a prefiling exhaustion of administrative remedies is required. To make the required showing, litigants should attach copies of relevant administrative decisions to their initial pleading and/or state therein an inability to obtain such documents along with those specific facts demonstrating exhaustion or grounds for excuse/waiver of the same. The exception to the filing of a government claim set forth in Escamilla v Department of Corrections & Rehabilitation (2006) 141 Cal.App.4th 498, is limited to bailment situations. It does not apply to disputes concerning property declared by the prison authorities to be contraband, or disputes about the value of replacement property offered to the inmate by prison authorities. (Flores v Department of Corrections & Rehabilitation (2014) 224 Cal.App.4th 199, 208.) COURT POLICY #4: In cases involving inmate personal property claims, the court may elect to set an early case management conference. Notice of any such conference will be provided to the inmate by the court. The purpose of the early conference is to discuss with the plaintiff/petitioner the benefits of pursuing his or her claim in the small claims division of the court. Pending completion of the early case management conference, the initial pleading should not be served. In the event plaintiff/petitioner agrees at the conference to dismiss a civil complaint or petition for writ of mandate in favor of pursuit of a small claims action, the court will order a reduction in the filing fee paid by the plaintiff/petitioner from the sum applicable to unlimited/limited division filings to the sum for small claims actions. COURT POLICY #5: Inmate claims pursued as petitions for writ of mandate may be denied "out of hand" when it appears from the face of the petition that a peremptory writ will not be issued. The court may do so even though the defendant has not appeared by answer or demurrer. (Kingston v. Dept. of Motor Vehicles (1969) 271 Cal. App. 2d 549, 552; Lewis v. Superior Court (1999) 19 Cal. 4th 1232, 1269 (dis. opn. of Kennard, J.).) The most common grounds for summary denial of a petition for writ of mandate are: (1) a failure by the inmate to demonstrate exhaustion of administrative remedies prior to seeking judicial relief; (2) improper/defective proof of service; and (3) failure to state a prima facie claim for mandamus relief. COURT POLICY #6: The court reserves the right to set a sua sponte motion for judgment on the pleadings in all civil cases where it appears from the face of the pleading and its exhibits that an inmate plaintiff has failed to exhaust administrative remedies or failed to file a government claim as required by Government Code section 911.2 et seq. COURT POLICY #7: The court will not transfer an inmate to court in connection with a civil complaint for damages and/or petition for writ of mandate. In most cases, petitions for writ of mandate and/or civil complaints addressing inmate claims will be resolved via declaration. Access to the court may also be achieved by deferral of the action until the inmate is released or, without limitation, telephonic appearances. The trial court will exercise its sound discretion in determining the appropriate way in which to secure access to the civil courts for incarcerated individuals. COURT POLICY #8: The court will not grant a motion for appointment of counsel in connection with any inmate civil complaint and/or petition for writ of mandate. The appointment of counsel in connection with a civil action is considered a gift of public funds. In addition, at present time the court does not possess sufficient monetary resources to make an appointment of counsel in connection with inmate personal property claims and Kings County lacks an active pro bono attorney program from which such appointments can be made. (Eff. 1/1/15; amended 7/1/17) RULE 408 – Default Judgment A. To obtain a default judgment a plaintiff shall present testimony in support of his or her claim by competent witnesses having personal knowledge of the essential facts, or file an affidavit or declaration by such witnesses, except for cases governed by Code of Civil Procedure section 585(a). Applications for default judgment on declarations pursuant to Code of Civil Procedure section 585(d) is the preferred procedure. B. When submitting a matter for default judgment on declarations or affidavits only, the parties must comply with California Rules of Court, rule 3.1800. The materials required by Rule 3.1800(a) must be submitted together as a single packet. C. When submitting a matter for default judgment where personal testimony will be offered, Plaintiff must reserve a hearing date with the court clerk prior to the filing of his or her documents. The hearing will not be placed on the court’s calendar until such time as plaintiff’s application and supporting documents have been filed, and all required hearing fees paid. All documents in support of the default judgment must be filed with the clerk’s office as a single packet and at least ten (10) court days prior to the scheduled hearing date. Included in such packet shall be a form of written notice setting forth the reserved time, date, and location of the hearing. D. The court may, in its discretion, set an application for default judgment on declarations for a hearing. If, after reviewing the materials submitted, the court determines that additional testimony or documentary evidence is necessary, an order or notice will issue informing the plaintiff of the date, time, and location of the scheduled hearing. E. In quiet title actions, an evidentiary hearing on a quiet title claim is mandatory before default judgment will enter. (Code Civ. Proc. §764.010.) A party requesting entry of default judgment in quiet title actions must reserve a date for the evidentiary hearing prior to the filing of the request for entry of default judgment and supporting documents. The hearing will not be placed on the court’s calendar until such time as the requesting party’s application and supporting documents have been filed and all required hearing fees paid. Prior to the date set for the evidentiary hearing, the requesting party shall comply with the requirements set forth in the applicable statutes for service on unknown defendants, as well as the requirement for filing of a notice of pendency of action. (Code Civ. Proc. §§761.010, 763.010, 763.020.) (Eff. 1/1/18; amended 1/1/25) RULE 409 – Declaration in Support of Post-Judgement Interest Calculations A judgment creditor adding accrued post-judgment interest to the enforceable amount owed on a Writ of Execution or Application for Renewal of Judgment must file and serve Memorandum of Costs After Judgment (form MC-012). The judgment creditor must also submit to the court a declaration in support of the post-judgment interest which provides the calculations performed, including any applicable dates and amounts for adjustments related to costs or credits. (See Information Sheet for Calculating Interest and Amount Owed on a Judgment (form MC-013-INFO) for additional information.) (Eff. 7/1/24) (RULES 410 - 499 Reserved)
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.