Chapter 5, Part 1: appointment of contract counsel for indigent defendants or, if no such counsel is available, of counsel from the court's appointment list (500); a standing order for reciprocal discovery under Penal Code sections 1054 through 1054.7, an informal request of opposing counsel under section 1054.5(b), in writing, before a discovery motion, which may be denied without one, and remedies and sanctions under section 1054.5 (501); expert and investigative fees for indigent defendants not normally paid without a prior court order, which may issue ex parte and be kept confidential, a copy of the order attached to each claim form disclosing the fees previously requested (502); counsel responsible for having witnesses available and arranging interpreters for them before trial, no trial delayed for incorrect scheduling of witnesses unless counsel can show due diligence, and a certified typed transcription of any sound recording to be offered, prepared at the proponent's expense with copies for each juror and alternate juror, the judicial officer, each opposing party and counsel, the court reporter and the clerk (503); motions for modification of sentence or probation in writing to the sentencing judge, with notice to the District Attorney and a copy to the Probation Office at least fifteen (15) days before the hearing (504); motions decided before trial renewed only on new facts or law that could not with due diligence have been known, with a supporting declaration (505); a verbatim record of misdemeanor or infraction proceedings, not generally required, on a written request and deposits to the clerk at least five (5) days before the hearing, at the requesting party's entire cost (506); no negotiated plea agreement accepted after the final trial readiness hearing absent exceptional circumstances (507); jury instructions prepared under rules 2.1055 and 2.1058, CALCRIM blanks typed in, and proposed instructions submitted to the trial judge on the first day of trial or an earlier date set (508(A) to 508(D)); at the trial readiness hearing, witness lists, proposed instructions, verdict forms from the prosecuting attorneys, motions in limine with proof of service and any joint statement for written jury questionnaires, and opposition to a motion in limine filed and served not less than five (5) court days before trial confirmation (508(E) to 508(G)); petitions for relief under Penal Code section 1170.18 and Health & Safety Code section 11361.8 on the court's optional forms, whose use is preferred, served on the Kings County District Attorney's Office, which has thirty (30) days to respond, letters or notes may not be considered, and hearings set by the court clerk (509); a courtesy copy of each law and motion filing delivered to the courtroom clerk of the assigned Department during an open session (510); requests for dismissal under Vehicle Code section 41500 including a verified statement or official document confirming the date of the defendant's commitment (511); the respondent to a Pitchess motion to submit copies of all records produced for in camera inspection on a digital storage device by the time set for the in camera proceedings, the notice of motion referencing this requirement (512); circumstances in aggravation that may be bifurcated from trial consistent with Penal Code §1170(b)(2), the Defendant to inform the People and the court on or before trial readiness whether bifurcation is requested, disputes submitted as motions in limine, and a separate verdict form prepared by the People (513); and the District Attorney or Attorney General, when it files a criminal complaint, information or indictment in a case in which a search warrant was previously executed, to notify the Court of the warrant number and date signed so it is placed in the criminal file (514)
CHAPTER 5: CRIMINAL RULES Part 1 - Rules Applicable to All Criminal Proceedings RULE 500 – Appointed Counsel for Indigent Defendants A. Contract Counsel – The court will endeavor to appoint to represent indigent defendants those counsel who have contracted with the County to provide such representation. In the event no such counsel is available to accept appointment, the court may appoint counsel
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 60 to 65, page numbers 53 to 58) 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 5: CRIMINAL RULES Part 1 - Rules Applicable to All Criminal Proceedings RULE 500 – Appointed Counsel for Indigent Defendants A. Contract Counsel – The court will endeavor to appoint to represent indigent defendants those counsel who have contracted with the County to provide such representation. In the event no such counsel is available to accept appointment, the court may appoint counsel from its appointment list. B. Appointment List – The court shall maintain a list of counsel who desire to receive appointments to represent indigent parties in criminal matters. To be included on the list, counsel may be required to submit a written application and satisfy the judicial officers of the court that counsel possess sufficient knowledge, education, experience, judgment, and ability to defend persons accused of serious crimes. The Juvenile Court shall maintain a separate court appointment list. Nothing in this rule is intended to limit the discretion of the court to appoint counsel deemed appropriate by the court to represent an indigent defendant. The court retains full discretion to remove from the appointment list any counsel who fails to appear for court appearances, fails to follow these Rules or the California Rules of Court or fails to demonstrate the minimum level of proficiency in legal work deemed appropriate by judges of the court. (Eff. 1/1/99) RULE 501 – Discovery A. Discovery in criminal actions is reciprocal in nature and is governed by Penal Code sections 1054 through 1054.7. There shall be a standing order in each criminal action requiring all parties and their attorneys to comply with Penal Code sections 1054 through 1054.7. The order is deemed to have been made and communicated to all counsel at the time of arraignment. Before a party may seek enforcement of any of the disclosures required by law, the party shall make an informal request of opposing counsel for desired materials and information in the manner required by Penal Code section 1054.5(b). Failure to make such request shall be grounds for denial of a discovery motion. Informal requests should be presented to opposing counsel in writing. B. Should either party to a criminal action fail to provide the information or material listed in Sections 1054.1 or 1054.3 of the Penal Code after agreeing to an informal request to provide the same, the court may proceed with remedies and sanctions as provided in Section 1054.5 of the Penal Code. (Eff. 1/1/99; amended 7/1/08) RULE 502 – Expert and Investigative Fees Expert and investigative fees for indigent defendants shall not normally be paid or reimbursed unless prior approval for the expenditures has been obtained by court order, which may be issued ex parte and kept confidential until the conclusion of the case. A copy of the order authorizing the fee shall be attached to each claim form requesting payment for such fee. The claim shall disclose all amounts of fees previously requested pursuant to the attached order and indicate whether the request was granted or denied. (Eff. 1/1/99) RULE 503 – Criminal Trials – Duty of Counsel A. Witnesses – Each attorney is responsible for having witnesses available at the time their testimony is required. No trial will be delayed because of incorrect scheduling of witnesses unless counsel can show to the court that due diligence was exercised in obtaining the presence of the absent witness and that the witness’s presence is necessary to secure a fair trial. B. Interpreters – Counsel planning to call a witness who needs the assistance of an interpreter is required to make all necessary arrangements prior to trial for the presence of an appropriate interpreter at the time the witness is to be called. If given adequate advance notice, the court will assist criminal defendants in arranging for the presence of needed interpreters. C. Transcripts of Recordings – Prior to the commencement of any trial, a typed transcription of any sound recording which counsel expects to offer into evidence shall be prepared at the direction and expense of the proponent of the evidence and shall be certified by the preparer as containing a true transcription of such recorded statement. The proponent of such recording shall prepare enough copies of such transcript for each of the following persons to have a copy: each juror and alternate juror, the judicial officer, each opposing party, each opposing counsel, the court reporter, and the clerk. (Eff. 1/1/99; amended 7/1/08) RULE 504 – Applications for Modification of Sentence or Terms of Probation A. Motions for modifications of sentence or probation shall be in writing and directed to the sentencing judge. B. Notice of the motion shall be given to the District Attorney at least fifteen (15) days prior to any hearing date for such motion. The moving party must also deliver a copy of the motion to the Probation Office at least fifteen (15) days prior to the date for hearing. (Eff. 1/1/99 as Rule 505; renumbered 7/1/08) RULE 505 – Renewal of Motions Motions decided prior to trial shall not be renewed unless based upon new facts or law which could not, with due diligence, have been known at the time of the original motion. Any renewed motion shall be supported by a declaration showing such diligence and setting forth the new facts and/or law. (Eff. 1/1/99 as Rule 506; renumbered 7/1/08) RULE 506 – Reporters A verbatim record of proceedings involving any misdemeanor or infraction matter is not generally required. Parties wishing a verbatim record of such proceedings must submit to the clerk, at least five (5) days prior to the hearing, a written request, and all required deposits in accordance with California Penal Code section 1045. Any party requesting any reporting, recording, or transcript pursuant to this rule shall pay the entire cost of such reporting, recording, or transcript. (Eff. 7/1/08) RULE 507 – Negotiated Plea Agreements Absent exceptional circumstances, the court will not accept a negotiated plea agreement in any case after a final trial readiness hearing has been held. (Eff. 1/1/09) RULE 508 – Jury Instructions In all matters set for jury trial in criminal case, the prosecuting and defense attorneys must comply with the following: A. Jury instructions shall be prepared by counsel in accord with California Rules of Court, rule 2.1055 and rule 2.1058. B. Upon order of the court, jury instructions may be submitted to the court electronically. C. Where there is a trial by jury, the parties shall request instructions by submitting proposed instructions to the trial judge on the first day of trial or at such earlier date as set by the court. D. The party requesting a 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. The latest edition of CALCRIM forms shall be used whenever possible. E. Both defense and prosecuting attorneys shall provide at the trial readiness hearing, or any other date ordered, the following: 1. Witness list; 2. Jury instructions. Both sides shall prepare a list of instructions they propose to be used as set forth in Rule 508A and California Rules of Court, rule 2.1055; 3. All verdict forms (prosecuting attorneys only); 4. All motions in limine with proof of service upon the opposing party attached; and, 5. In all cases where written jury questionnaires will be used, a joint statement of the case to be read to potential jurors prior to their completion of the relevant questionnaire. F. Any written opposition to a filed and serve motion in limine shall be filed and served not less than five (5) court days prior to trial confirmation. G. Motions in limine will be discussed at trial confirmation hearings. Counsel shall plan accordingly and be prepared. (Eff. 7/1/15; amended 7/1/21) RULE 509 – Petitions for Relief under California Penal Code Section 1170.18 (Proposition 47) and California Health & Safety Code Section 11361.8 (Proposition 64) A. The Kings County Superior Court has developed forms for use in connection with requests for relief under California Penal Code section 1170.18 and California Health & Safety Code section 11361.8. The forms are optional, but their use is preferred. The forms are available on the court’s website or by written request. A separate form should be used for every criminal case to be addressed. B. Requests for relief which are not on the optional form(s) and/or otherwise formatted as a motion/petition will not be forwarded for judicial action. Letters or notes requesting relief under California Penal Code section 1170.18 and California Health & Safety Code section 11361.8 may not be considered by the court. C. A copy of any petition/motion filed with the court should be served upon the Kings County District Attorney’s Office and proof of service filed with the court. The Kings County District Attorney’s Office has thirty (30) days to file a response to the petition. Upon receipt of such response and/or lapse of the deadline for the same, an order will issue. The court may summarily deny or summarily grant a petition/motion without hearing. In the alternative, the court may set the petition/motion for hearing. D. Unless otherwise ordered by the court, all hearings on petitions for relief under California Penal Code section 1170.18 and/or California Health & Safety Code section 11361.8 will be set by the court clerk. (Eff. 7/1/17; amended 1/1/21) RULE 510 – Extra Copies of Law and Motion Documents At the time any law and motion matter is filed with the court, counsel filing the motion shall deliver a courtesy copy of the motion to the courtroom clerk for the Department to which the matter will be assigned during an open session of that Department. (Eff. 1/1/18; amended 1/1/19) RULE 511 – Requests for Dismissal Pursuant to VC § 41500 All requests for dismissal pursuant to California Vehicle Code section 41500, subdivision (a), must include a verified statement or official document from the California Department of Corrections and Rehabilitation, Division of Juvenile Justice, or county jail, confirming the date of defendant’s commitment. Requests lacking such information may not be considered by the court. (Eff. 7/1/17 as Rule 510, renumbered 1/1/18; amended 1/1/21) RULE 512 – Notice and Copy Requirement for Pitchess Hearings A. The respondent to any motion for discovery of confidential personnel files or other records of a law enforcement agency (Pitchess) shall submit to the court copies of all records produced for in camera inspection. These copies shall be placed onto a digital storage device (e.g., CD/DVR/Flash drive) and provided to the court no later than the day and time set for the in camera proceedings and will be retained by the court in the event of appellate review. B. Any notice filed with a motion seeking discovery of confidential personnel files or other records of a law enforcement agency shall specifically reference the copy requirement provided in Section A of this rule to prevent any unnecessary delays in the proceedings. (Eff. 7/1/21) RULE 513 - Circumstances in Aggravation A. Consistent with California Penal Code §1170(b)(2), except where evidence supporting an aggravating circumstance is admissible to prove or defend against the charged offense or enhancement at trial, or it is otherwise authorized by law, circumstances in aggravation alleged in the indictment or information may be bifurcated from the trial of charges and enhancements. B. On or before trial readiness, the Defendant shall inform the People and the court whether a request for bifurcation consistent with California Penal Code §1170(b)(2) is being made. C. Any dispute between the parties about whether evidence supporting an aggravating circumstance is admissible to prove or defend against a charged offense or enhancement at trial, or is otherwise authorized by law, shall be submitted for determination by in the form of a motion in limine. D. Where bifurcation has been requested by Defendant as set forth herein, the People shall prepare a separate verdict form addressing bifurcated factors in aggravation. (Eff. 7/1/22) RULE 514 – Search Warrants At the time the District Attorney or Attorney General files a criminal complaint, information, or indictment in a case in which a search warrant was previously executed by the District Attorney, Attorney General or law enforcement agency, the District Attorney or Attorney General must notify the Court to place the search warrant in the criminal file by providing the search warrant number and date signed. If the search warrant is sealed by order of the Court, it will be identified as sealed in the Court’s case management system. If the search warrant is not sealed, it will be made available for public inspection. (Eff. 1/1/25) (RULES 515 - 519 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.