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Division 1: the latest General Calendar ascertained from the Calendar Clerk before noticing any matter, a daily court calendar posted each court day, and case assignments made for all purposes pursuant to Rule 3.734 of the California Rules of Court (1.1.1 and 1.1.2); the short title Madera County Superior Court (1.1.4); the rules adopted under Government Code § 68070 and Code of Civil Procedure §§ 128 and 187, effective January 1, 2026, superseding previous local rules (1.2.1 and 1.2.2); their construction, definitions and severability (1.2.3 to 1.2.5); the duties of the Presiding Judge (1.3.1); eleven departments - Departments 17, 21, 22, 23, 29, 36, 37, 40, 44, 45, and a Temporary Remote Department - and three divisions, the Juvenile Division, the Criminal Division, and the Probate-Civil Division (1.3.2); the matters each division hears and the trial confirmation (1.3.3 to 1.3.6); one district, and all departments at the Madera County Main Courthouse, 200 South G Street (1.3.7 and 1.3.12); a court reporter mandatory for felony criminal, juvenile, LPS, family court matters where a court reporter is required, and cases pursuant to Jameson v. Desta, reporters for non-mandatory proceedings not guaranteed, and limited civil, misdemeanor traffic, and infraction matters electronically recorded when an official court reporter is not available (1.4.1); no court reporting services for court or jury trials in civil proceedings, and for civil hearings with official reporting the parties' pro rata deposits - one-half day for a hearing of more than one (1) hour but not more than four (4) hours, $30.00 under one hour, a full day over four hours - due when the hearing is scheduled, the receipt shown to the Judge's Clerk (1.4.2); the Court retains the original of an ordered transcript (1.4.3); interpreters at no cost in all court proceedings to the extent required by state and federal laws, in civil, family law, probate, or small claims cases requested on local form MAD-INT-001 or Judicial Council Form INT-300 to the clerk's office or the Interpreter Coordinator at interpreter.madera@madera.courts.ca.gov with a minimum of ten (10) court days notice, notice that an interpreter is not needed at least two (2) court days before the hearing, private interpreters qualified under Government Code §68561 and §68566, and for an indigenous language interpreter the language variant communicated to the interpreter coordinator no less than five (5) court days before any hearing, failure to comply may result in monetary sanctions under section 177.5 (1.4.4); the Court Executive Officer as the Clerk of the Superior Court (1.5.1); attorney fees in cases of minors or incompetent persons - 25%, 33 1/3% and 40% of the amount recovered (1.6.1 to 1.6.3); the default judgment attorney fee schedule for promissory notes, contracts, book accounts and foreclosures, from 15% with a minimum fee of $75 to $2,690 plus 1% of the excess over $100,000, increased by ten percent (10%) for a mortgage or trust deed foreclosure, and additional fees on a proposed order and itemized declaration (1.6.4); court-appointed counsel at a flat rate of $80 per hour (1.6.5); investigators and experts at $50.00/hr and $850.00 per exam & report, the No Show rate $150.00 (1.6.6 and 1.6.7); fee claims within ten days after the case has been completed, submitted to the Finance Division, and reimbursement orders after a hearing (1.6.8 to 1.6.11); jury venue (1.7.1 to 1.7.3); attorneys responsible for fees for the services they order, copies at fifty cents ($.50) per page, forms and packets at $0.50 per page (1-25), $16.00 (26-40) and $20.00 (41+), and initial fee waivers granted by the Clerk (1.8.1 to 1.8.4); a fee of $1.00 per page for copies of the record when the court file is the record on appeal (1.9.1); photographing, recording or broadcasting in court only under a judge's order under rule 1.150 or, outside the courtroom, in a designated media area or with prior written permission from the Presiding Judge, and media requests on Judicial Council form MC-500 (1.10.1); body-worn cameras in the courthouse only for an arrest, an emergency, an individual not complying with a command or with authorization from the Presiding Judge (1.10.2); and no personal identifying information confirmed by telephone or email - a file search in person, form MAD-GEN-001, or identity verification for portal access under rule 2.515 (1.11.1)
DIVISION 1 COURT ORGANIZATION AND GENERAL PROVISIONS Chapter 1 Court Calendars. 1.1.1 General Calendar. The Superior Court’s business is distributed in accordance with its latest “General Calendar,” which sets forth the time, place and any special requirements adopted by the Court for hearing the various types of court business. Before applying or noticing any matter for hearing or for trial, the
Reviewer note: Composed 2026-10-15 (California T4 Madera build 2026-10-15) from BenchPath custody ca/t4/ca-madera/docs/local-rules/final-madera-superior-court-local-rules-effective-january-1-2026-july-1-2026.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF MADERA LOCAL RULES OF COURT ADOPTED AND EFFECTIVE January 1, 2026 (Version remains in effect July 1, 2026)”, as fetched 2026-10-15; 917952 bytes, sha256 09e571d1d3d274fb9327738b46ba46823820c85e97926c20e3350d7c5ac18500; 135 pages; this part PDF pages 18 to 36, page numbers 18 to 36) with the shared verbatim composer (v2 reflow): the rules (PDF pages 18 to 118) composed as one text and cut at the division headings, and in Divisions 2, 4 and 5 at a chapter heading (“Chapter 7 Telephone Hearings in Selected Departments Using CourtCall System.”, “Chapter 2 Traffic Matters”, “Chapter 2 Juvenile Dependency Cases -Appointment of Counsel”), each matched once as a whole line; every page's three-line running head (“Superior Court of California”, “County of Madera”, “Local Rules of Court”, named) and page number (“18” to “118”, named) removed as chrome - 404 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 no struck run in the book; the SymbolMT font's trademark sign after “CourtCall” in Rule 2.7.2(c) and “COURTCALL” in Rule 2.7.4 (PDF pages 44 and 45), a private-use code point in the text layer, read as the “™” it prints (the composer's glyph map, applied to the text and the proof's layer alike); 6 whitespace-only fixes (build/book-fixes.json: two rule numbers cited at a line's head - “1.6.9” and “7.1.7” - rejoined to their sentences, Rule 1.3.1(i)'s “1.3.1(a)-(h)” rejoined, the end of Rule 1.6.4's fee table and the paragraph after it split, a row of Rule 1.6.7's fee schedule split from the next row's label, and Rule 4.2.10(f)'s mailing address split into its lines); the vertical-gap, short-line, page-break, false-break, structural-break and row-join 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 with the judges of the court (PDF page 1), the instructions for filing (2), the table of contents (3 and 4), the list of effective rules (5 to 17), the index (119 and 120) and the lists of local forms (121 to 135) belong to no card. Review note: Rule 1.3.2 (amended 7/1/25) lists eleven departments - “Departments 17, 21, 22, 23, 29, 36, 37, 40, 44, 45, and a Temporary Remote Department”. The court's 2026 Miscellaneous Order No. 3 - 3rd Amended (effective August 3, 2026) assigns its judges to Departments 17, 21, 22, 23, 24, 36, 37, 38, 40, 44 and 45, and the court's news post of July 31, 2026 says “Department 29 is now Department 24” and that civil cases heard in the Temporary Remote Department move to Department 44 - the rule predates the change. Rule 1.4.1 prints “Jameson v. Desta (2018) 5 Cal.4th 594”; a 2018 decision of the California Supreme Court would be reported in the Fifth Series - the citation is quoted as printed for a reviewer to confirm.
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 > Madera County > Superior Court of California, County of Madera
DIVISION 1 COURT ORGANIZATION AND GENERAL PROVISIONS Chapter 1 Court Calendars. 1.1.1 General Calendar. The Superior Court’s business is distributed in accordance with its latest “General Calendar,” which sets forth the time, place and any special requirements adopted by the Court for hearing the various types of court business. Before applying or noticing any matter for hearing or for trial, the moving party should ascertain the latest calendar requirements from the Calendar Clerk. (Effective 7/1/08) 1.1.2 Daily Calendar. The Clerk, not later than the beginning of each court day, shall post a daily court calendar for public examination. Case assignments shall be made for all purposes pursuant to Rule 3.734 of the California Rules of Court. (Effective 7/1/08, amended 1/1/16) 1.1.3 [Deleted 7/1/13] 1.1.4 Title of Court. The official title of this Court is the “Superior Court of the State of California in and for the County of Madera.” Litigants may use as a short title “Madera County Superior Court” in pleadings and in addressing the Court in correspondence. (Effective 7/1/08) Chapter 2 Definitions and Preliminary Provisions. 1.2.1 Authority for Adoption. These rules are adopted pursuant to the authority granted in Government Code § 68070 and Code of Civil Procedure §§ 128 and 187. (Effective 7/1/08) 1.2.2 Effective Date of Rules. These rules are effective January 1, 2026 and on the effective date shall supersede any previous local rules of the Madera County Superior Court and Madera County Municipal Court. (Effective 7/1/08, amended 1/1/13, 1/1/15, 1/1/17, 7/1/20, 7/1/21, 1/1/22, 1/1/23, 7/1/23, 1/1/25, 7/1/25, 1/1/26). 1.2.3 Construction and Effect of Local Rules. The local rules shall be construed as follows: (a) The local rules are supplementary of and subject to the California Rules of Court and the Code of Civil Procedure and shall be construed so that they do not conflict with state rules or statutory or case law. (b) The local rules have no retroactive effect. (c) The local rules shall be construed liberally to affect the ends of justice and efficient administration of the Court. Where the strict application of a rule would work an injustice to any party, each Judge of this Court may excuse compliance with such rule, as the ends of justice may require. (d) Headings, chapter and rule subdivisions do not affect the scope, meaning or intent of these rules. (e) Unless the context of the rule otherwise requires, (1) The singular includes the plural and the plural the singular (2) “May” is permissive, and “shall” is mandatory, and, (3) The past, present and future each include the other tenses. (Effective 7/1/08, amended 7/1/21) 1.2.4 Definitions. Definitions contained within the California Rules of Court apply with equal force in these Rules unless the content or subject matter otherwise requires. (a) “Clerk” means the Clerk of the Court or his or her deputy. When referring to calendaring matters, “Clerk” refers to the Supervising Clerk of that Division. (b) “County” means the County of Madera. (c) “Court” means Superior Court of the County of Madera, and includes (1) any Judge who is elected or appointed a member of this Court, (2) while serving in this Court, any Judge, including a retired judge, assigned by the Chairperson of the Judicial Council to serve this Court, (3) any commissioner or referee appointed by the Judges of this Court, (4) while serving this Court, any retired commissioner who is assigned to serve by the Presiding Judge pursuant to Government Code 72190, or any other provision of law, (5) while serving this Court, and any member of the State Bar of California ordered to act as a temporary judge pursuant to Article VI, § 21, of the California Constitution and Rule 2.810 of the California Rules of Court. (d) “Division” means the divisions of the Superior Court, as set forth in Local Rule 1.3.2, infra. (e) “Judicial Officer” includes any judge who is appointed or elected a member of this Court and any commissioner or referee who is appointed by the Judges of this Court. (f) “Person” includes corporations, associations, public entities and all other entities as well as natural persons. (g) “Court days” include days the Court is open to the public and court is in session. (Effective 7/1/08, part (d) amended 7/1/10, 1/1/13, 7/1/20) 1.2.5 Severability of Rules. If any local rule or part of a rule is held to be invalid, all valid portions of that rule which are severable from the invalid portion shall remain valid. If the local rule is held invalid in one or more of its applications, the rule shall remain in effect in all valid applications that are severable from the invalid applications. (Effective 7/1/08) Chapter 3 The Presiding Judge, Departments and Divisions of the Court. 1.3.1 Duties of Presiding Judge. The Presiding Judge shall: (a) Prepare, with the assistance of appropriate committees of the Court, such local rules as may be required to expedite and facilitate the business of the Court; submit such proposed rules for consideration, and upon approval by a majority of the Judges cause the proposed rules to be published and submitted to the local bar association for consideration and recommendation; upon adoption of the rules by a majority of the Judges, cause compliance with appropriate statutory and California Rules of Court directives and cause publication thereof for general distribution. (b) Designate a Judge to act as Presiding Judge when the Presiding Judge is absent or unable to act. (c) Act as a Master Calendar Judge to assign cases for trial purposes. (d) Apportion the business of the Court among the various departments. (e) Call such meetings of the Judges as may be needed. (f) Supervise the administrative business of the Court and have general direction and supervision of the attachés of the Court. (g) Impanel and have charge of the proceedings of the Grand Jury and act as a liaison between the Court and the Grand Jury. (h) Exercise such additional duties as may be prescribed by statute or state rule of court for presiding judges under the Government Code and the California Rules of Court. (i) The Presiding Judge may delegate any of the duties in Rule 1.3.1(a)-(h) to other Judicial Officers of this Court as appropriate. (Effective 7/1/08) 1.3.2 Departments of the Superior Court. There shall be eleven departments of the Superior Court, designated as Departments 17, 21, 22, 23, 29, 36, 37, 40, 44, 45, and a Temporary Remote Department. There shall be three divisions of the Superior Court, called the Juvenile Division, the Criminal Division, and the Probate-Civil Division. (Effective 7/1/08, amended 7/1/19, 7/1/20, 7/1/25) 1.3.3 Criminal Division. The Criminal Division shall hear arraignments, status conferences, trial confirmations, pretrial motions, and all writs concerning criminal matters as well as all traffic matters. (Effective 7/1/08) 1.3.4 Trial Confirmations in Criminal Cases. The Trial Confirmation is a hearing to determine whether the case is going to trial or the parties are able to reach a disposition of the case without trial. (Effective 7/1/08) 1.3.5 The Juvenile Division. The Juvenile Division shall hear all law and matters, and trials not otherwise assigned, in all matters in the Juvenile Court not otherwise assigned by the Presiding Judge. (Effective 7/1/08) 1.3.6 The Probate-Civil Division. The Probate-Civil Division shall hear all decedents estates, trust matters, conservatorships, guardianships, compromises of minors claims under Probate Code §§ 3600 et seq., spousal property petitions and miscellaneous actions under the Probate Code, civil law and motion matters, applications for writs, receivers, and the like, and hear all family law matters, unless otherwise assigned by the Presiding Judge. (Effective 7/1/08) 1.3.7 Districts of Superior Court. There is one district of the Superior Court. It is designated as the Madera County Superior Court District. (Effective 7/1/08) 1.3.8 [Deleted 7/1/19] 1.3.9 [Deleted 7/1/19] 1.3.10 [Deleted 7/1/19] 1.3.11 [Deleted 7/1/19] 1.3.12 Location of Main Courthouse. All Departments are located at the Madera County Main Courthouse, 200 South G Street, Madera, California 93637. (Effective 7/1/08, amended 1/1/16, 7/1/19) 1.3.13 [Deleted 7/1/19] 1.3.14 [Deleted 1/1/13] Chapter 4 Court Reporter, Interpreter and Translator. 1.4.1 Court Reporters & Electronic Recording of Court Proceedings. A court reporter is mandatory for the following proceedings: felony criminal, juvenile, LPS (Lanterman-Petris-Short), family court matters where a court reporter is required, and cases pursuant to Jameson v. Desta (2018) 5 Cal.4th 594. The court will attempt to provide a court reporter for non-mandatory proceedings (including appeals, civil (including small claims cases), case management conferences, family law cases not requiring a reporter, initial arraignments of criminal complaints, misdemeanor criminal, contempt in civil and family law and infraction matters), but their availability cannot be guaranteed. The Court, in its discretion can order those non-mandatory proceedings reported. When an official court reporter is not available, limited civil, misdemeanor traffic, and infraction matters may be electronically recorded to make the official record pursuant to Government Code section 69957 and California Rules of Court, rules 2.952 and 2.956(c). With the exception of limited civil, misdemeanor and infraction cases, Government Code section 69957 prohibits the court from providing electronic recording in civil, family law, and probate court rooms. (Effective 7/1/08, amended 1/1/24) 1.4.2 Fee of Court Reporter in Civil Proceedings. (a) Court reporting services will not be provided for court or jury trials in civil proceedings. Instead, parties will be required to provide court reporting services at their own expense. (b) In any civil case in which a hearing is expected to last more than one (1) hour, but not more than four (4) hours, and official reporting services are required, the parties shall deposit with the Civil Division their pro rata shares of the fee for one-half (½) day of official reporting services. In any civil case in which the hearing is expected to last less than one (1) hour, the fee shall be $30.00. If a hearing which was expected to last less than one (1) hour goes beyond the one (1) hour requiring reporting services, then the difference in the fees must be paid by the end of the day of the hearing. (c) In any civil case in which a hearing is expected to last more than four (4) hours and official reporting services are required, the parties shall deposit with the Civil Division their pro rata shares of the fee for one (1) full day of official reporting services. (d) The fee for any hearing shall be due at the time the hearing is scheduled. The fee for any subsequent day of the hearing shall be deposited with the Civil Division at the beginning of each subsequent day. (e) The receipt issued by the Civil Division for payment of the above fees shall be shown to the Judge’s Clerk at the beginning of the proceeding, or the hearing will not proceed. Further, where a party or attorney has a record of failing to pay fees under this (or any other) section, the Court, in its discretion, may condition the scheduling of any matter on pre-payment of fees, or the payment of any or all due and owing fees. (Effective 7/1/08, section (a) amended 1/1/13, sections (a), (c), and (d) amended 7/1/13, section (c) amended 7/1/14, 1/1/25) 1.4.3 Originals of Transcripts of Proceedings Where a transcript of a proceeding has been ordered by a litigant or other interested party, the Court shall retain the original of such transcript for its records, except as otherwise required by law. (Effective 1/1/13) 1.4.4 Interpreters (a) Definitions. (1) “Indigenous language” means a language that is native to a particular region and spoken by its indigenous peoples. Indigenous languages at times, require relay interpreting. (2) “Relay interpreting” is the process by which two interpreters with different language pairs work in tandem to communicate between the target language and English. (b) The Court provides Court Interpreters at no cost to Limited Language court users in all court proceedings, to the extent required by state and federal laws. The Court recognizes the benefit of providing Court Interpreters for all case types including civil, and will make all necessary efforts to provide interpreters in civil cases in accordance with Evidence Code § 756 and with the availability of interpreters. (c) In civil, family law, probate, or small claims cases, requests shall be submitted on the Court local MAD-INT-001 form available on the Court’s website, or Judicial Council Form INT-300, to the clerk’s office or to the court’s Interpreter Coordinator via email to interpreter.madera@madera.courts.ca.gov (d) In civil, family law, probate, or small claims cases, parties shall submit the request with a minimum of ten (10) court days notice to ensure that an interpreter will be available. If it is not possible to provide this information ten (10) court days prior to a hearing, the information shall be communicated to the interpreter coordinator at the earliest possible opportunity. (e) Where it is later determined that the interpreter is not needed, the party or counsel shall provide notice to the court’s Interpreter Coordinator, either verbally or in writing, with a minimum of two (2) court days before the hearing. If it is not possible to provide this information two (2) court days prior to the hearing because a determination has not yet been made, the information shall be communicated to the interpreter coordinator at the earliest possible opportunity. (f) Parties who desire to hire their own interpreter may do so, as long as the private interpreter meets the qualifications set forth in Government Code §68561 and §68566. (g) It is the responsibility of each attorney representing persons who require the services of an indigenous language interpreter, or self-represented litigant, to communicate with the court’s interpreter coordinator no less than five (5) court days before any hearing regarding the appropriate indigenous language variant required for the litigant to receive and understand all proceedings whether communicated verbally or in writing. If it is not possible to provide this information five (5) court days prior to a hearing, the information must be communicated to the interpreter coordinator at the earliest possible opportunity. The information required includes, but may not be limited to: (1) the indigenous language understood by the litigant; (2) the country, state, municipality and town in which the language is spoken; (3) contact information for the litigant or a family member who may be able to provide the necessary language variant information; (4) any other information the interpreter coordinator reasonably requests to secure the services of an appropriate interpreter. The failure to comply may result in the imposition of monetary sanctions, at the discretion of any judicial officer of this court, pursuant to California Code of Civil Procedure section 177.5. (Effective 7/1/08; Renumbered 1/1/13, amended 1/1/15, 7/1/18, 7/1/20, 1/1/26) Chapter 5 Transfer of Administrative Procedures. 1.5.1 Designation of Clerk. The Court Executive Officer shall be the Clerk of the Superior Court. (Effective 7/1/08) Chapter 6 Attorney, Investigator and Expert Fees. 1.6.1 Attorney Fees in Cases Involving Minors or Incompetent Persons. In cases compromised by a guardian ad litem under Code of Civil Procedure § 372 or by Probate Code § 3500; the attorney fees awarded by the Court shall, under normal circumstances, not exceed the following amounts: (a) Twenty-five percent (25%) of the amount recovered when the case is settled during trial. (b) Thirty-three and one-third percent (33 1/3%) of the amount recovered when the case is settled during trial after a substantial part of plaintiff’s case has been introduced or after judgment. (c) Not more than the fees prescribed in 1.6.1(b) when the case is settled between the times specified in Rules 1.6.1(a) and 1.6.1(b) (d) Forty percent (40%) of the amount recovered when the case is settled after the filing of respondent’s brief on appeal. (e) An amount less than 1.6.1(a), which shall reflect actual work done, when the recovery is under an uninsured motorist clause in an insurance policy. (Effective 7/1/08, Amended 1/1/13) 1.6.2 Computation of Fees. In computing fees, parents claiming reimbursement for expenses shall, except in cases of hardship, pay their proportionate share of the attorney fees. Expenses of litigation to be reimbursed shall not be included in the “amount recovered” for the purpose of fixing fees. Such expenses of litigation shall be separately itemized. (Effective 7/1/08) 1.6.3 Court Approval of Employment Contract. Except for good cause shown, no contract of employment providing for attorney fees shall be approved by the Court in advance. Under no circumstances shall the contract be considered for approval in advance without the client’s appearance on the application for court approval. (Effective 7/1/08) 1.6.4 Attorney Fees Upon Entry of Default Judgment in Actions on Promissory Notes, Contracts Providing for Payment of Attorney Fees, Actions on Book Accounts and Foreclosures. The following attorney fees shall, under normal circumstances, be awarded upon entry of default judgment in actions on promissory notes, contracts providing for the payment of attorney fees, actions on book accounts and foreclosures: $0.01 to $1,000 15%, with minimum fee of $75 $1000.01 to $10,000 $150 plus 6% excess over $1,000 $10,000.01 to $50,000 $690 plus 3% of excess over $10,000 $50,000.01 to $100,000 $1,890, plus 2% of excess over $50,000 Over $100,000 $2,690 plus 1% of excess over $100,000 When the clerk is authorized by statute to enter judgment that includes attorney fees pursuant to an approved fee schedule, the clerk must use the above-approved fees when determining and entering the clerk’s judgment. The amount of attorney fees awarded must not exceed the amount of fees prayed for in the complaint. Fees for actions on a book account, which are specifically allowed by Civil Code § 1717.5, are subject to the above schedule. (a) Foreclosure of Mortgage or Trust Deed. Fees for actions on a foreclosure of mortgage or trust deed are subject to the above schedule, then increased by ten percent (10%). (Amended 1/1/15, 7/1/17) (b) Foreclosure of Assessment or Bond Lien Relating to a Public Improvement. Fees for actions on a foreclosure of assessment or bond lien relating to a public improvement are subject to the above schedule, except that the minimum fee shall be $75 in an action involving one assessment or bond and an additional $20 for each additional assessment or bond being foreclosed in the same action. (Amended 1/1/13, 1/1/15, 7/1/17) (c) Additional Fees. An attorney seeking fees in excess of the fees stated above must submit a proposed order and written declaration with an itemized statement of services rendered to substantiate any claim for additional fees. (Amended 7/1/17) (d) Judicial Discretion. A judge retains complete discretion in awarding attorney fees based on the circumstances of the action, including the experience of counsel, the time expended, the complexity of the issues, the amount in controversy, and the results achieved. A judge may require an attorney to submit a written declaration with an itemized statement of services rendered, and other supporting documentation, to substantiate any claim for attorney fees. (Effective 7/1/17) (Effective 7/1/08, amended 7/1/17.) 1.6.5 Fees for Court-Appointed Attorneys. The following attorney fees shall, under normal circumstances, be awarded by the Court to court-appointed attorneys if reasonably necessary legal services are tendered in the Superior Court: (a) Counsel is to be paid at a flat rate of $80 per hour for all court-appointed cases. (b) In determining fees, the Court shall consider the difficulty of the tasks performed and the reasonable value of time expended. (c) The Court may, by separate Policy Memorandum, adjust the amount paid to attorneys for court appointed cases, with distinctions for capital and non-capital cases, as well as other distinguishing factors. (Effective 7/1/08, amended 1/1/22) 1.6.6 Motions for Investigators. Motions for the payment of investigators, experts, or others for the preparation or presentation of the defense in a capital case, pursuant to Penal Code § 987.9, shall be presented to a Judge designated by the Presiding Judge. Comment: Under Penal Code § 987.9(a), the Judge hearing the motion is disqualified from presiding over the trial of the case. (Effective 7/1/08) 1.6.7 Investigators and Experts -Fee Schedule. The following schedule will be applied to investigators and forensic experts appointed by the Court: General Felony $50.00/hr Capital/Life Without Parole $50.00/hr Mileage Current mileage rate as established by the IRS and communicated to the Courts by Judicial Council memorandum Per Diem $50.00/day Narcotic evaluation and report $850.00 per exam & report* Sex offender exam and report $850.00 per exam & report* Penal Code § 1368, Competency to Stand Trial $850.00 per exam & report * Penal Code § 1026, Sanity at the Time of Crime $850.00 per exam & report * Penal Code § 1027, Restoration to Sanity $850.00 per exam & report * Evidence Code § 1017, Confidential Psychiatric Evaluation for Defense $850.00 per exam & report * Welfare and Institutions Code §709(b), Competency of a Minor $850.00 per exam and report* Evaluation for General Sentencing Guidelines, Evidence Code § 460 $850.00 per exam & report * No Show/Failure to Participate Rate $150.00 each occurrence Court appearances: Full day Half day Or per hour** * Court may authorize fees in excess of these charges by order and at the discretion of the Judicial Officer, including, but not limited to, an hourly rate of $150.00 for additional time spent above the four (4) to five (5) standard to conduct psychological examinations. Extremely lengthy cases requiring extensive review of records (greater than 50 pages) or other extremely complex cases may be negotiated on a case by case basis with the Court. ** Charges for court appearances will be authorized by the Judicial Officer. This fee schedule may be adjusted from time to time by Policy Memorandum of the Court. (Effective 7/1/08, amended 1/1/10, 1/1/15, 1/1/23, 1/1/24, 7/1/24) 1.6.8 Applications/Claims for Fees & Motions for Fees. Counsel shall submit a statement for services rendered in each appointed criminal or juvenile case on the application form provided by the Court within ten days after the case has been completed. The application form shall be submitted to the Finance Division of the Superior Court for review. The Finance Division of the Superior Court shall submit the application form to the trial judge with a recommendation for payment. The trial judge shall endorse the fees and costs approved upon the application form and return it to the Finance Division of the Superior Court for processing. After approval, the application form, along with a claim form, shall be transmitted to the County Auditor and the form shall be placed in the case file or notated in the electronic case file. Any inquiries regarding payment status shall be directed to Madera County at 559-675-7703. All motions for attorney, investigator, and/or expert witness fees referenced in this Chapter shall be submitted to either the Criminal or Civil Divisions (depending on the case type) and the Division(s) will forward to the Finance Division of the Superior Court for processing. If the motion is approved, the Finance Division of the Superior Court shall generally process as noted in the paragraph above. Special processing procedures will take place for capital cases referenced in Section 1.6.6. Attorneys appointed in special circumstances cases shall direct all fee and billing inquiries to Fitzgerald, Alvarez & Ciummo, or the current contract holder for indigent defense. (Effective 7/1/08, amended 7/1/23, 7/1/25) 1.6.9 Appointed Counsel. In each case in which a person has been furnished services of appointed counsel, upon conclusion of the proceedings, the Court shall make a determination of the actual costs of providing such services. Counsel shall be prepared at that time to submit itemized information as to the time they have devoted to the case. (Effective 7/1/08) 1.6.10 Reimbursement Order. In the event any person may be required by law to reimburse the County for compensation of private counsel or costs of public defender services, the Court, after determining the amount thereof, shall make a determination of the present ability of such person to pay all or a portion of such amounts and shall make such reasonable order for payment as is authorized by law. This determination and the determinations required by Local Rules 1.6.8 and 1.6.9 above shall be made only after the Court has held a hearing. A person required by law to reimburse the County for compensation of private counsel or costs of public defender services shall be entitled to reasonable notice of the hearing, and may appear with counsel, and participate therein, including the presentation of evidence and the cross-examination of witnesses. (Effective 7/1/08) 1.6.11 Collection. The Court, in its discretion, may delegate to the County Auditor the authority to collect such reimbursement and to establish and modify arrangements for installment payments. In addition, to the extent authorized by law, it may delegate to the County Auditor authority to reduce or cancel unpaid repayment obligations upon a finding by that office that the person obligated no longer has the ability to pay the amount ordered. These rules are not intended to apply to procedures under § 1431 of the Probate Code. (Effective 7/1/08) Chapter 7 Jury Venue 1.7.1 Jury in County Seat. A jury in the County seat will be selected from a cross-section of the entire County. (Effective 7/1/08, amended 1/1/15) 1.7.2 Jury in Other than County Seat. When sessions of the Superior Court are held in a location other than the County seat, the names for master jury lists and qualified jury lists to serve in a session may be selected from the area in which the session is held pursuant to this local rule, provided that each prospective juror shall have the opportunity to elect to serve on a jury with respect to a trial held anywhere in the County. (Effective 7/1/08) 1.7.3 County Wide Venue. The Superior Court, in its discretion, may order countywide venue in the interest of justice. (Effective 7/1/08) Chapter 8 Fees for Court Services 1.8.1 Responsibility for Fees. (a) When an attorney orders services on behalf of a client, that attorney shall be responsible for securing payment for those services. (b) Any attorney requesting services from the Court acknowledges that collection proceedings may proceed against the requesting attorney should the client fail to pay the requisite fees. (Effective 7/1/10) 1.8.2 Withholding of Judgment for Non-Payment of Fees. Except where the interests of justice would require otherwise, the Court may refuse to enter judgment when any party to the case has failed to pay fees due and owing to the Court. (Effective 7/1/11). 1.8.3 Fees for Printing of Forms/Packets Per Government Code § 70631 and California Rules of Court, rule 10.815, in order to cover the labor and material costs involved, the Clerk of the Court shall charge fifty cents ($.50) per page for preparing copies of any record, proceeding, or paper on file in the Clerk’s Office. The Clerk of the Court shall also charge the following fees for the preparing of copies of Forms/Packets, which are provided on the Court’s website for free, and include self-help instructions compiled by the Court Paralegal: Madera Superior Court Forms and Form Packets Number of Pages: Fee: 1-25 $0.50 Per Page* 26-40 $16.00 Flat Rate* 41+ $20.00 Flat Rate* * The following Forms/Packets are provided at NO CHARGE: (1) Fee Waiver Packet; (2) Small Claims Packets; (3) Civil Harassment Packet; and (4) Domestic Violence Packet. (Effective 7/1/18) 1.8.4 Fee Waivers – Delegation of Authority. Per Government Code § 68634(d), the Court delegates to the Clerk of the Court the authority to grant applications for an initial fee waiver that meet the standards of eligibility and application requirements set forth in Sections 68632(a)-(b) and 68633. As further provided for in Government Code § 68634(d), the Court shall not delegate to a clerk the authority to deny or to partially grant an application for an initial fee waiver. (Effective 1/1/22) Chapter 9 Fees for Preparation of Appellate Record 1.9.1 Copying Fees When the parties stipulate that the Court file shall be the record in the case, the Court shall charge a fee of $1.00 per page to cover the cost of paper and labor, for copies of the record for transmission to the Court of Appeal or the Appellate Division of the Superior Court, for copies of the record for the Superior Court’s own files, and for copies of the record for each of the parties. This fee shall be shared by the Appellant and Respondent. An Appellant or Respondent may apply to the appropriate court for relief from such fees. (Effective 7/1/11) Chapter 10 Law Enforcement Use of Body-Worn Cameras 1.10.1 Photographing, Recording and Broadcasting in Court. (a) Definitions. This rule adopts the definitions contained in California Rules of Court, rule 1.150(b), except as follows: 1) The term “media coverage” means any photographing, recording or broadcasting in court by the media; 2) The term “court” means any courtroom or courthouse in the County where the court conducts business, including all entrances, exits, hallways, stairs, elevators, adjacent or subterranean court parking areas, or any other public area within the courthouse; 3) The term “designated media area” means any area so designated by the Presiding Judge. (b) Court Order Required. While in court, no one may engage in photographing, recording, or broadcasting, or activate any camera, microphone, recorder or broadcasting device, except: 1) in a courtroom where the judge has issued an order allowing media coverage under California Rules of Court, rule 1.150, or expressly granted permission, under California Rules of Court, rule 1.150(d) or otherwise, to photograph, record, and/or broadcast; or 2) outside the courtroom, if it is: i) in a designated media area, or ii) with prior written permission from the Presiding Judge. No one may carry any camera, microphone, or recording equipment, or activate the image or sound capturing feature of any computer, mobile telephone, watch or other similar equipment in a courtroom without express written permission from the appropriate judicial officer. (c) No Obstruction of Public Access. Persons engaged in photographing, recording and broadcasting (as authorized by (b)(1) and (b)(2) above) must not obstruct pedestrian traffic, create traffic congestion or otherwise impede access to court proceedings, offices, services or facilities. (d) Written Media Requests Required. Persons requesting media coverage of any type, including pool cameras, must complete and submit for judicial approval Judicial Council form MC-500 to the judicial officer assigned to hear the case, specifying: i) the time estimate for coverage; ii) the proposed placement of cameras, microphones and other equipment; and iii) whether the coverage will be disseminated live or recorded for future dissemination. (e) Responsibility for Compliance with Rules. Media (as defined in California Rules of Court, rule 1.150(b)(2)), and any other person seeking to photograph, record or broadcast in court must be familiar with, and comply with this rule and the California Rules of Court, rule 1.150. (f) No Restriction on Judicial Discretion. This rule does not restrict a judge’s discretion to regulate sound or image capturing, photographing, recording or broadcasting in his or her courtroom. (g) Violations. Any violation of this rule or an order made under this rule is an unlawful interference with the proceedings of the court, and may be the basis for an order terminating media coverage, a citation for contempt of court, or an order imposing monetary or other sanctions as provided by law, including possible violation of Penal Code §166(a)(4). (Effective 1/1/26) 1.10.2 Law Enforcement Use of Body-Worn Cameras (a) Definitions. For purposes of this rule: (1) “Body-worn camera” means an electronic device used to photograph or record the performance of a peace officer in the course of his or her official duties. (2) “Courthouse” means any building in which court proceedings occur, and all portions of such building, including clerk’s offices, lobby areas, hallways, stairs, and elevators. (3) “Peace officer” has the meaning specified in Penal Code section 830. (b) Permitted Use. A peace officer may use a body-worn camera in the courthouse to create a recording if the peace officer (i) is conducting an arrest, (ii) is assisting in an arrest, (iii) is interacting with an individual who is not complying with a command from the peace officer, (iv) is responding to an emergency situation, or (v) has received prior authorization from the Presiding Judge. (c) Limitations on activation of body-worn cameras: (1) If law enforcement personnel are present in a courthouse where juvenile matters are heard, they must comply with Welfare and Institutions Code section 827 and California Rules of Court, rule 5.552. (2) Except as allowed in subsection (b), a peace officer may not use a body-worn camera in the courthouse to create a recording. (Effective 1/1/21, renumbered 1/1/26) Chapter 11 Court Records 1.11.1 Court Records – Disclosure of Personal Identifying Information. For the privacy and protection of all individuals, the Clerk of the Court will not confirm or disclose personal identifying information by telephone, email, or other informal inquiry. For the purposes of this rule, personal identifying information includes, but is not limited to: (a) Date of birth (b) Full or partial Social Security Number (c) Physical or mailing address (d) Drivers’ license number To determine whether the personal identifying information you possess corresponds to a party in a case, you must either: (a) Appear in person to conduct a file search; (b) Complete and submit the Records Search and/or Copy Request (Local Form MAD-GEN-001); or (c) Contact the Clerk for identity verification procedures if requestor is eligible for portal access under California Rules of Court, rule 2.515. (Effective 1/1/26)
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.