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Chapter 5, Parts 2 to 6: an early disposition hearing on a waiver of time at the initial felony arraignment, cases held to answer certified to a designated department for arraignment, and on a guilty or nolo contendere plea the case referred to the Probation Office for a pre-sentence report (520); defense counsel appearing fifteen (15) minutes before calendar call to confer with the clerk on tentative dates, and mandatory settlement conference, trial readiness, trial confirmation and trial dates (521); the presence of the defendant and trial counsel with full authority at each mandatory appearance, telephone appearances by prior approval in exceptional circumstances (522); a felony settlement conference at which counsel are prepared to negotiate a disposition except where prohibited by Penal Code section 1192.7 or other statute (523); a trial readiness hearing between one (1) and fourteen (14) days before trial, by which non in limine pre-trial motions are heard, witnesses subpoenaed and counsel prepared (524); at the trial confirmation hearing, any transcript of a sound recording served on opposing counsel, and counsel prepared to inform the court of motions in limine, trial length, witness and interpreter needs and causes of delay (525); pre-trial motions noticed at the post preliminary examination arraignment and heard no later than the trial readiness hearing, sanctions for unreasonably delaying a motion, written motions with points and authorities and proof of service, the hearing date and time estimate and the attorney's state bar number, points and authorities or affidavits of no more than ten (10) pages without prior leave, and section 995 and 1538.5 motions stating the claimed deficiencies with particularity or listing the evidence, theories and authorities (526); letters of reference submitted to the probation officer, not the court, no later than fourteen (14) calendar days after conviction, no more than five (5) attached to the probation report, and the report's Summary of Offense the operative facts absent a notice of intention to dispute them (527); misdemeanor pre-trial, motion, trial readiness and trial confirmation hearings set at arraignment, the trial confirmation hearing normally one (1) or two (2) court days before trial (530 to 533); misdemeanor section 1538.5 motions listing the evidence, theories and authorities (534); all-purpose assignment of criminal cases under the court's Standing Order (535); appointed counsel on a misdemeanor appeal for a defendant appointed counsel in the trial court, unless privately retained counsel files the Notice of Appeal, and no right to self-representation (536); for infractions only, a guilty or no contest plea and fine by mail, automated telephone system or at the front window, or a court trial in person, on the notice to appear under Vehicle Code section 40901 or by written declaration under Vehicle Code section 40902, and in traffic cases motions filed and served not less than ten (10) court days before the hearing with proposed orders, on hearing dates cleared with the court clerk (540); a request for court trial received on or before the date on the citation, at the Traffic Window or by first class mail, and a Counter Arraignment for Contested Infraction with bail received not less than fifteen (15) days before trial (541); trial by written declaration under Rule 4.210 on Forms TR-205 and TR-200, which a defendant who fails to appear, post bail, request an extension or pay by the date on the notice to appear may be deemed to have elected under Vehicle Code section 40903 (542); clerk ability to pay determinations under Government Code §68645.3(e) for litigants receiving public benefits or with household income at or below 250% of the federal poverty level, judicial review of a denied reduction, and requests for a payment plan, more time or community service (543); habeas corpus petitions on a fully completed form HC-001, petitions failing rule 4.551 returned without filing, expedited review only by written motion demonstrating good cause, and motions for additional time filed and served at least twenty (20) days before the deadline, any opposition at least ten (10) days before it (580); and Penal Code §987.9 funding requests in capital cases directed to the assigned 987.9 funding judge, reimbursement requests presented as Local Rule 502 describes (590)
Part 2 – Rules Applicable to Felony Cases and Misdemeanor Cases Joined or Consolidated with a Felony for Trial RULE 520 – Proceedings Through Preliminary Examination A. Early Disposition – At the time of initial arraignment on a felony matter, a defendant may choose to attempt settlement of the case prior to the setting of a preliminary examination. Upon the defendant providing an appropriate waiv
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 65 to 75, page numbers 58 to 68) 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
Part 2 – Rules Applicable to Felony Cases and Misdemeanor Cases Joined or Consolidated with a Felony for Trial RULE 520 – Proceedings Through Preliminary Examination A. Early Disposition – At the time of initial arraignment on a felony matter, a defendant may choose to attempt settlement of the case prior to the setting of a preliminary examination. Upon the defendant providing an appropriate waiver of time, the court will set the matter into a designated department for an early disposition hearing. If the matter is resolved at that hearing by way of a plea, sentencing will take place in a department to be assigned. If the matter is not resolved and a preliminary hearing is not waived, the case will be calendared in the appropriate department for preliminary examination. B. Setting Case for Post Preliminary Hearing Arraignment – Upon conclusion of the preliminary examination, for those persons held to answer, the matter will be certified to a designated department for arraignment. C. Setting Case for Sentencing – Upon entry of a plea of guilty or nolo contendere to a felony charge, the case will be referred to the Probation Office for a pre-sentence investigation and report and the court shall appoint a time for pronouncement of judgment and sentencing in the designated department. However, if the parties stipulate to a sentence and the court permits, upon entry of appropriate waivers, the court may pronounce sentence immediately. If the defendant is committed to prison the court will order the Probation Office to prepare a report pursuant to Penal Code section 1203. D. Competency Certification – A court which has suspended criminal proceedings pursuant to Penal Code section 1368 shall appoint a psychiatrist or licensed psychologist or two such professionals in accordance with Penal Code section 1369(a) and refer the matter to the designated department for further hearing. (Eff. 1/1/99 as Rule 521; renumbered 7/1/08) RULE 521 – Post Preliminary Examination Arraignment A. Appearance by Counsel – Unless relieved of the obligation by court order, counsel representing a defendant when the defendant is held to answer shall appear at the date and time of the defendant’s post-preliminary hearing arraignment. B. Future Appearance Dates – Defense counsel intending to set trial dates shall appear fifteen (15) minutes prior to calendar call and confer with the clerk of the department to which the case has been assigned for the purpose of arranging tentative dates for trial and other appearances. In any case in which the District Attorney wishes to have a voice in the setting of dates for further appearances, the District Attorney shall also appear for the pre-calendar conference with the clerk. Actual dates for further appearances will be set by the judge in open court. C. Mandatory Appearances – In each felony case, unless otherwise ordered by the court, dates for the following mandatory appearances shall be set: 1. Settlement conference 2. Trial readiness hearing 3. Trial confirmation hearing 4. Trial D. Bail/Own Recognizance Release – Unless otherwise ordered by the court, a defendant’s bail or own recognizance release status shall remain as previously ordered. Conditions of own recognizance release imposed by previous order shall remain in effect unless changed by court order. (Eff. 1/1/99 as Rule 522; amended and renumbered 7/1/08) RULE 522 – Presence of Trial Counsel and Defendant Mandatory The presence of defendant and trial counsel (or in the case of the District Attorney, a supervisor of trial counsel or other deputy who is familiar with the case and possessed of full authority in the case) is required at each mandatory appearance unless otherwise authorized by the court. It is not acceptable for defense counsel to send in his or her place a partner, associate or other lawyer who is not sufficiently versed in the matter to provide a meaningful appearance and/or who is otherwise not vested with the full authority to bind defense counsel and the defendant to future dates for appearance, admissions and/or stipulated resolutions of issues which may arise during the hearing. By prior approval of the court, telephone appearances may be made by counsel in exceptional circumstances. (Effective 1/1/99 as Rule 523; amended and renumbered 7/1/08) RULE 523 – Felony Settlement Conference A settlement conference shall be scheduled in every felony case. Except where prohibited by Penal Code section 1192.7 or other statute, counsel for both sides shall be prepared to discuss the issues of the case and negotiate its possible disposition without trial at the settlement conference. In cases where plea negotiation is arguably prohibited by statute, counsel shall be prepared to discuss whether any statutory exception to the prohibition is present. Counsel shall also be prepared to discuss and endeavor to enter into agreements and stipulations, which may eliminate or determine issues not in dispute and thus shorten the trial. (Eff. 1/1/99 as Rule 524; renumbered 7/1/08) RULE 524 – Felony Trial Readiness Hearings A trial readiness hearing shall be scheduled in every felony case and shall be calendared between one (1) and fourteen (14) days prior to the trial date. It shall be the duty of all counsel to prepare their cases so that by the trial readiness hearing they are able to represent that: 1) all non in limine pre-trial motions have been heard, 2) all witnesses are subpoenaed and available, 3) trial counsel is prepared for trial and has no conflicts, and 4) the defendant knows of no reason why the case should not go to trial as scheduled. Additionally, trial counsel shall notify the court of any non-perfunctory in limine motions to be brought at trial and provide a time estimate for such motions. (Eff. 1/1/99 as Rule 525; renumbered 7/1/08) RULE 525 – Felony Trial Confirmation Hearings A. At the trial confirmation hearing counsel will be asked if he or she can represent that there is no reason why the matter will not proceed to trial as scheduled. Opposing counsel shall be served with a copy of any transcript of any sound recording which counsel expects to play and/or offer into evidence. Counsel shall also be prepared to inform the court as to the following matters: 1. The nature and duration of any motions in limine. 2. The anticipated length of the trial. 3. Any anticipated problems with scheduling of witnesses. 4. Any motions to amend the information. 5. Whether any witnesses need an interpreter. 6. Any other matters which may adversely affect the orderly presentation of the trial. B. It is the affirmative duty of trial counsel to bring to the court’s attention any matters discussed above which may cause delays in the conduct of the trial. (Eff. 1/1/99 as Rule 526; renumbered and amended 7/1/08) RULE 526 – Felony Pre-Trial Motions A. Pre-trial motions other than motions in limine should be orally noticed and scheduled at the post preliminary examination arraignment. This oral notice is supplemental to any notice required by statute or California Rules of Court. If not orally noticed at arraignment, pre-trial motions may be scheduled by written noticed motion to be heard no later than the trial readiness hearing. Pre-trial motions will not be set or heard after the readiness hearing date except upon an affirmative showing of good cause in a written declaration. The court may impose sanctions against any attorney unreasonably delaying the bringing of any pretrial motion including Penal Code section 995, 1538.5 motions and motions of a constitutional dimension. If a motion requires the taking of evidence, counsel shall confer with the court clerk of the department in which the case is calendared to obtain possible hearing dates and times prior to setting the motion. B. All motions and oppositions shall be in writing and shall be accompanied by points and authorities in support thereof and proof of service on opposing counsel. C. All motions and responsive pleadings thereto shall have prominently displayed on the face of the moving document the date and time of the hearing and a time estimate for the duration of the hearing. D. All documents submitted for filing shall include the attorney’s state bar number. E. All documents shall be typewritten or mechanically or electronically printed in a manner, which produces clear and permanent copies equally legible as letter quality printers. Pro per defendants may file handwritten documents provided the documents are legible. F. All documents shall be hole punched in accordance with directions from the clerk. G. No memorandum of points and authorities or affidavit submitted in support of or in opposition to a motion, petition, warrant application, or other request shall exceed ten (10) pages. In connection with affidavits, such limitation is inclusive of attached exhibits. Parties wishing to exceed this limit must obtain prior leave from the court. H. A motion to dismiss pursuant to Penal Code section 995 shall set forth with particularity the claimed deficiencies or irregularities in the proceedings. Moving papers and responses thereto, when referring to the evidence, shall contain page and line citations to the reporter’s transcript. I. A motion to suppress evidence pursuant to Penal Code section 1538.5 shall specifically describe and list the evidence, which is the subject of the motion to suppress, shall specifically state the theory or theories which shall be relied upon for the suppression of evidence, and shall cite the specific authority or authorities which support the motion. Moving and responding parties shall state in their pleadings whether they are (a) willing to stipulate that the preliminary hearing transcript may be considered as evidence at the hearing on the motion and/or, (b) whether witnesses are proposed to be called. (Eff. 1/1/99 as Rule 527; amended and renumbered 7/1/08; amended 1/1/14; amended 1/1/25) RULE 527 – Felony Sentencing A. Letters – Written statements of defendants and letters of reference or recommendation on behalf of defendants are to be submitted to the probation officer, not to the court. Any such items must be submitted to the probation officer no later than fourteen (14) calendar days following conviction to be considered by the probation officer or court. Written communications submitted ex parte to the court by or on behalf of defendants or victims will be rejected. No more than five (5) letters of reference on behalf of a defendant are to be attached to a probation report. Where in excess of five (5) such letters of reference are timely received by the probation officer, they shall be summarized in a paragraph in the probation report. Letters of reference or recommendation presented for the first time at the sentencing hearing may, in the discretion of the judicial officer, be rejected. B. Notice of Intention to Present Evidence – A party seeking consideration of circumstances in aggravation or mitigation may file and serve a statement complying with the requirements of Penal Code section 1170(b) and Rule 4.437 of the California Rules of Court. The facts contained in the probation report’s “Summary of Offense” shall be considered to be the operative facts surrounding the offense absent any notice of intention to dispute facts. (Eff. 1/1/99 as Rule 528; amended and renumbered 7/1/08) (RULES 528-529 Reserved) Part 3 – Rules Applicable to Misdemeanor Cases RULE 530 – Misdemeanor Arraignment At arraignment the court will set appearance dates for one or more of the following: 1. A pre-trial hearing 2. A motion hearing 3. A trial readiness hearing 4. A trial confirmation hearing 5. Trial (Eff. 1/1/99 as Rule 531; renumbered 7/1/08) RULE 531 – Misdemeanor Pre-Trial Hearing At the pre-trial hearing the court will hear all pretrial motions and conduct settlement negotiations. If a trial date was not previously set, one will be assigned. If no disposition is reached at the pre-trial hearing, the court may set a trial readiness hearing. (Eff. 1/1/99 as Rule 532; amended and renumbered 7/1/08) RULE 532 – Misdemeanor Trial Readiness Hearing The purpose of a trial readiness hearing is to verify that the parties will be ready on the trial date and that jury summons should issue. The court may combine the trial readiness hearing with the pre-trial hearing. It is the duty of counsel to determine by the trial readiness hearing that all necessary witnesses will be available on the trial date and that there are no impediments to trial on the assigned trial date. (Eff. 1/1/99 as Rule 533; amended and renumbered 7/1/08) RULE 533 – Misdemeanor Trial Confirmation Hearing A trial confirmation hearing will normally be scheduled one (1) or two (2) court days prior to trial. It is the duty of counsel at a trial confirmation hearing to apprise the court of any matters which might interfere with the expeditious trial of the case on the date assigned. (Eff. 1/1/99 as Rule 534; renumbered 7/1/08) RULE 534 – Misdemeanor Penal Code Section 1538.5 Motions A motion to suppress evidence pursuant to Penal Code section 1538.5 shall specifically describe and list the evidence, which is the subject of the motion to suppress, shall specifically state the theory or theories which shall be relied upon for the suppression of evidence, and shall cite the specific authority or authorities which support the motion. (Eff. 1/1/99 as Rule 535; renumbered 7/1/08) RULE 535 – All Purpose Assignment All-purpose judicial assignments have been adopted in connection with criminal cases. All interested parties are directed to review the current version of the Standing Order re All Purpose Assignment of Criminal Cases available for public viewing on the court’s website. (Eff. 7/1/22) RULE 536 – Appointment of Counsel in Misdemeanor Appeals There is no right to self-representation in a misdemeanor appeal. A defendant appealing a misdemeanor conviction is entitled to appointed counsel on appeal when the defendant was appointed counsel in the trial court. (California Rules of Court, Rule 8.851(a).) The court will appoint counsel to represent the defendant unless the Notice of Appeal is filed by privately retained counsel. (Eff. 7/1/24) (RULES 537 - 539 Reserved) Part 4 – Rules Applicable to Infractions RULE 540 – Available Procedures for Persons Charged with Infractions Persons charged with infractions only (i.e., these procedures are not available to those charged jointly with infractions and misdemeanors or felonies), may proceed as follows: A. Persons desiring not to contest the citation, ticket, or complaint may plead guilty or no contest and pay a fine. These transactions may be handled through the mail, through an automated telephone system, or by going to the front window at the Superior Court. B. Persons desiring to contest the citation, ticket, or complaint may plead not guilty and request a court trial. Three types of trial procedures are possible, subject to the discretion of the court: 1. A person desiring to personally appear before a judge and to confront and cross-examine witnesses in court may request a court trial. An arraignment will be scheduled by the court clerk at which the defendant must appear to enter their plea to the citation, ticket, or complaint. At arraignment, the court will schedule the date and time for trial. Any person wishing to avoid having to appear for a pre-trial arraignment may do so by entering their not guilty plea via Counter Arraignment for Contested Infractions and posting the required bail amount. NOTE: For those electing to enter their plea at arraignment, no deposit of bail is required unless ordered by the court consistent with California Rules of Court, rule 4.105(c)(3). 2. A person desiring to personally appear before a judge, but who is willing to waive certain constitutional rights (including the right to confront and cross examine witnesses) and permit the judge to consider as evidence the notice to appear (ticket) may request to proceed pursuant to Vehicle Code section 40901. 3. A person willing to waive certain constitutional rights including the right to be personally present before the judge at trial may request to proceed by trial by written declaration pursuant to Vehicle Code section 40902. C. In traffic cases, a written promise to appear in court may be complied with via general appearance by counsel. (California Vehicle Code section 40507.) Any attorney personally appearing before the court and/or wishing to enter a plea on behalf of his or her client prior to arraignment pursuant to California Vehicle Code section 40507, must have full authority to enter binding waivers of time and otherwise fully represent the interests of the named defendant. Where identity is placed at issue, a defendant must be personally present at trial for purposes of identification. D. All motions in traffic cases must be filed and served not less than ten (10) court days prior to the scheduled hearing date. Proof of service must be filed with the court. Any motion which has not been served in a timely manner will not be forwarded to the assigned judicial officer for consideration. E. All motions must be accompanied by proposed orders. Failure to include a proposed order may result in a delay in the processing and/or consideration of the motion by the court. F. The Traffic Division of the Kings County Superior Court is not in session every day of the week, nor every week of the month. Accordingly, all hearing dates must be cleared with the court clerk prior to the filing any motion, petition, or application. If it is determined by the reviewing judicial officer that a hearing is not required, the hearing date will be vacated. (Eff. 1/1/99; amended 1/1/18) RULE 541 – Requesting a Trial in Connection with Contested Infractions A. Any person desiring to personally appear before a judge and to confront and cross-examine witnesses in court may request a court trial. The request for court trial must be received by the court on or before the date set forth on the relevant citation or ticket. B. A defendant or their attorney may request a trial by: (1) appearing at the Traffic Window of the Kings County Superior Court, or (2) submitting such request in writing forwarded via first class mail to the court. C. Any defendant or attorney who seeks to have a not guilty plea entered in a case without appearance at arraignment must execute a Counter Arraignment for Contested Infraction. The executed Counter Arraignment form must be submitted to the court simultaneously with the required bail amount. If the defendant or attorney is unavailable for trial on a certain date, a cover letter may be included with the executed Counter Arraignment for Contested Infraction setting forth such information. The court clerk may, but is not required to, reschedule the trial date to accommodate the schedule of counsel. Trial dates are scheduled in accord with the needs of the court. D. Upon timely receipt of the executed Counter Arraignment for Contested Infraction and required bail amount, the court clerk will issue a Subpoena - Notice of Trial Date to the citing law enforcement officer. Executed Counter Arraignment for Contested Infraction and required bail amounts must be received by the court not less than fifteen (15) days prior to the scheduled court trial date. E. Any request for continuance or rescheduling of a trial date must include a showing of good cause. (Eff. 1/1/99; amended 1/1/18) RULE 542 – Trial by Declaration A. Pursuant to Vehicle Code section 40903, a defendant charged with Vehicle Code infractions or violations of local ordinances adopted pursuant to the Vehicle Code who fails to (1) appear in court to plead or set a trial date, (2) post bail and request a trial by written declaration by mail, (3) request an extension, or (4) pay and forfeit bail by the date shown on the notice to appear may be deemed to have elected to have a trial by written declaration upon any alleged infraction or violation, as charged by the citing officer. A defendant deemed to have elected this procedure will be mailed the appropriate notice and form. Failure to return the required written declaration by the stated deadline may result in a trial upon such evidence as provided by Vehicle Code section 40903(b) and the case may be adjudicated solely on the merits of the citing document. B. A trial by written declaration is also available to any defendant who wishes to contest the citation and who timely requests a trial by written declaration in writing. A trial by written declaration shall be requested and conducted in accordance with Rule 4.210 of the California Rules of Court. A trial by declaration is not available if defendant has been notified that a personal appearance is mandatory. A defendant electing this procedure shall complete and return to the clerk Forms TR- 205, Election by Trial by Written Declaration, and TR-200, Instructions to Defendant and shall notify the clerk of his or her current address and of any changes thereof. Failure to return a written declaration by the date shown on Form TR-205 may result in a trial upon such evidence as provided by Vehicle Code section 40902(c). (Eff. 1/1/99; amended 1/1/8) RULE 543 – Ability to Pay – Determinations by Clerk of the Court A. The clerk of the court is authorized to make ability to pay determinations pursuant to Government Code §68645.3(e) when the following criteria has been met: 1. The litigant submits information that they receive public benefits, including those listed in Government Code §68632(a); or, 2. The litigant submits information showing their household income is equal to or below 250% of the federal poverty level. B. The clerk of the court shall not modify the reduction rate recommended by the MyCitation online tool consistent with Court-established administrative settings for calculating reduction rates. C. The defendant has the right to a review of the decision by a judicial officer in the trial court if the clerk of the court denies the reduction portion of the request. D. Criteria for reductions made by the clerk of the court are posted on the court’s website. E. In addition to requests for the reduction of fines, litigants may also make the following requests through an ability to pay determination: 1. Placement on a payment plan. 2. Additional time to pay. 3. Community service in lieu of paying monetary fines. (Eff. 7/1/24) (RULES 544 - 579 Reserved) Part 5 – Rules Applicable to Petitions for Writ of Habeas Corpus RULE 580 – Petitions for Writ of Habeas Corpus A. Petitions for Writ of Habeas Corpus shall be processed by the court in accord with California Rules of Court, rule 4.550 et seq. Except as provided in California Rules of Court, rule 4.551(a)(2), it is not appropriate for petitioners to fail to complete any portion of the Petition for Writ of Habeas Corpus (form HC-001). If the form HC-001 provides inadequate space to state the entirety of a petitioner’s claim, he or she may attach additional pages thereto that set forth in a clear and concise manner the facts necessary to state a prima facie claim for habeas corpus relief. Petitions failing to meet the requirements of California Rules of Court, rule 4.551, subdivision (a)(1), (2), will be returned without filing. B. The court clerk will not file any pleading which is unable to be fully scanned into the court’s electronic case management system in a form which will thereafter be readable by the assigned judicial officer and/or public. Papers with light writing and torn pages are just a few examples of conditions which may keep a document from being scanned into the electronic record of the court. C. Absent order of the court, the clerk will not provide copies of filed petitions and/or exhibits to the parties. It is the responsibility of the submitting party to retain copies of their filed documents and petitions. In addition, the clerk will not conform incomplete copies of filed documents. D. Any request for expedited review of a Petition for Writ of Habeas Corpus must be presented to the court via written motion demonstrating good cause. (Cal. R. Ct., rule 4.551(h).) Because stating on the face of Judicial Council Form HC-001 that expedited review is requested does not by itself satisfy the good cause requirement of California Rules of Court, rule 4.551, subdivision (h), such unsupported requests will not be considered by the court. E. Any party-initiated motion for additional time to do any act set forth in California Rules of Court, rule 4.552 must demonstrate good cause and include proof of service upon all parties or their attorney of record. The motion must be filed and served at least twenty (20) days prior to the deadline the party seeks to extend. Any opposition to the extension request must be filed and served at least ten (10) days prior to the deadline to sought be extended. A proposed Order setting forth the good cause basis for the requested extension should be included with the motion. Failure to include a proposed order may delay processing of the party-initiated motion. F. The court will not accept for filing any written communication or application that, following issuance of an Order Re: Petition for Writ of Habeas Corpus directing action on the part of the respondent(s), has not been served upon all parties or their attorney of record. (Eff. 7/1/11; amended 1/1/19; amended 7/1/20) (RULES 581 - 589 Reserved) Part 6 – Rules Applicable to Capital Cases RULE 590 – Penal Code §987.9 Funding Penal Code §987.9 governs requests for funding of ancillary defense services for capital and capital eligible Penal Code §190.2 special circumstances cases. A judge, known as the 987.9 funding judge, will be assigned to review all funding requests made pursuant to Pen. Code §987.9. All 987.9 funding requests and all issues related to the funding request shall be directed to the assigned 987.9 funding judge. Ancillary defense services and expenditures shall be authorized and approved at the discretion of the 987.9 funding judge. Requests for reimbursements pursuant to a Pen. Code §987.9 funding order must be presented in a manner consistent with the procedure described in Local Rule 502. (Eff. 1/1/26) (RULES 591 - 599 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.