Madera County Superior Court Local Rules of Court (effective January 1, 2026) — Division 2, Trial Court Rules, Chapters 1 to 6 (Filing, Record on Appeal, Jury Instructions, Ex Parte Orders, Unlawful Detainer, Small Claims Appeals) (Rules 2.1.1 to 2.6.1)

DIVISION 2 TRIAL COURT RULES Chapter 1 General Filing Requirements. 2.1.1 Notice of Deposition. Notices of deposition will not be accepted for filing as part of the case file except by court order. Any motions filed in connection with a deposition must contain a copy of the notice of deposition. (Effective 7/1/08) 2.1.2 Typing Services or Non-Attorney Court Document Preparers (A) The name, address and phone number of the litigant who is representing him/herself must appear at the top of all filed pleadings. (B) Non-attorney court document preparers shall comply with the requirements of Business and Professions Code section 6408. The clerk shall not accept for filing any document presented by a non-attorney court document preparer that does not comply with these requirements. (C) A litigant in a family law or probate case designating a non-attorney court document preparer to act as a courier to submit documents for processing, to receive endorsed copies of documents from the court, or to have remote access to electronic records in the instant action pursuant to California Rules of Court, rule 2.518 shall file an Authorization for Non-Attorney Court Document Preparer (Local Form MAD-CIV-019). The clerk shall not accept for filing any document submitted in the specified case types by a non-attorney court document preparer, unless the required local form is included or has been previously filed in the case. (D) Notices of Entry shall be sent directly to the litigant, even when presented for filing by a non-attorney court document preparer. (E) Nothing in this rule is intended to encourage or condone the unauthorized practice of law. In the event it appears that a preparer is engaging in the unauthorized practice of law under the guise of this rule, that matter will be reported to the appropriate authorities. (Effective 1/1/22, amended 1/1/26) 2.1.3 Factors for Clerk Authorized Rejection In any civil, family law, probate, or small claims cases, the Clerk is authorized to reject filings that do not comply with the following factors, but may not necessarily reject a filing for all factors specified within California Rules of Court Title 2, Division 2, Chapter 1: (a) Case number (b) Parties’ names, to be consistent with the initial pleading or most recently filed superseding pleading (complaint, petition, amended complaint, amended petition, DVTRO request, if filing is related to DV, or other lead document) in the case. (c) Court name (d) Failing to sign a document whenever applicable for a filing party or their attorney to sign. (Effective 7/1/24, amended 1/1/25, 1/1/26) 2.1.4 Temporary Orders. All temporary orders filed in any civil, family law, probate, and small claims case, with the exception of petitions for temporary orders in Probate Guardianship matters, shall be presented to the Civil Clerk’s office no later than 11:00 a.m. the day immediately preceding the day of the hearing. Specific facts must be alleged in the requests, facts sufficient to justify the granting of such orders. If the party against whom such an order is sought has been represented in the action by counsel, such counsel shall be informed of the nature of the request and the time of such request in order to allow opposing counsel to appear and comment on the requested relief. Declarations for any type of relief must set forth facts, not conclusions, justifying the relief sought. Counsel has the additional duty to fully disclose those facts. (Formerly 3.1.7, Effective 7/1/24) 2.1.5 Conformed Copies of Stamped Pages Only. In any civil, family law, probate, or small claims case, the Clerk will provide conformed copies of documents provided in paper form only of the pages which contain a stamp affixed by the Court after submission by the party. It is the filing party’s responsibility to insert the stamped pages in their document to make complete copies of the document that match the document stored electronically with the Court. E-mailed copies of any filed document may be provided to any party, or their attorney, upon request at no charge. Full copies of documents will accrue the copy fees consistent with the statewide civil fee schedule, and the supporting code sections referenced within. (Effective 1/1/25) Chapter 2 Designation of Record on Appeal. 2.2.1 Reporter’s Transcript. All Designations of Record for matters on appeal shall specifically set forth the date of any and all hearings for which a reporter’s transcript is requested. (Effective 7/1/08) 2.2.2 Clerk’s Transcript. All Designations of Record for matters on appeal shall specifically include the date each designated paper was filed with the Superior Court and the nature of the paper. (Effective 7/1/08) Chapter 3 Jury Instructions. 2.3.1 Types Used. In all jury trials it is the policy of the Court to use the instructions contained in BAJI, CACI, CALJIC and/or CALCRIM, as appropriate. All instructions are to be provided by counsel or self-represented party. All other instructions offered shall conform as nearly as possible to the form instructions contained in BAJI, CACI, CALJIC and/or CALCRIM, as appropriate. Instructions shall not indicate which party submitted the instructions except in a code (prescribed by the Court) which does not readily disclose the identity of the submitting party. Any statement of the party offering an instruction, and citations of authority offered shall be on a separate sheet. An index or fact sheet setting forth the topic of each instruction or BAJI, CACI, CALJIC and/or CALCRIM number shall be attached to each set of proposed instructions. (Effective 7/1/08, amended 1/1/15) 2.3.2 When Submitted. Each party shall submit proposed jury instructions to the Court at the commencement of the trial unless otherwise authorized by the Judge. (Effective 7/1/08, amended 1/1/13) Chapter 4 Application for Ex Parte Orders. 2.4.0 General. All parties and their counsel are required to review the following provisions for ex parte applications. Any failure to follow the rules may be grounds for summary denial of the application. (Effective 7/1/08, amended 1/1/13) 2.4.1 Fee. No application for an ex parte order, except for the appointment of a guardian ad litem or the approval of an undertaking or an attachment, shall be made until any required filing or other fee, if any, has been paid. (Effective 7/1/08) 2.4.2 Form. Every application for an ex parte order shall be accompanied by the original file of the action. (Effective 7/1/08) 2.4.3 Limitations on Granting. Except upon a stipulation, leave shall not be granted ex parte to stay execution after judgment, file a cross-complaint, amend or supplement a pleading, other than to strike out the name or substitute the true name of a fictitiously-named party. (Effective 7/1/08) 2.4.4 To Whom Presented in Particular. Except as otherwise specifically provided by these rules, an application for an ex parte order shall be presented as follows: (a) Civil, Ex Parte and Writs. An application involving mandamus, review, prohibition, certiorari, receivers, and/or habeas corpus in a civil matter shall be presented to the civil law and motion judge to whom the case has been assigned. (b) Criminal Ex Parte and Writs. An application involving a criminal matter shall be presented to the Judge to whom the case has been assigned. An application involving mandamus, review, prohibition, certiorari, habeas corpus, and/or coram nobis in a criminal matter shall be presented to the Writ Judge handling criminal writs. (c) Juvenile. An application involving a juvenile court matter shall be presented to the Presiding Judge of the juvenile court in cases in which that Judge is authorized to act. In all other cases it will be presented to the Presiding Judge. (d) Family Law. Application involving an order to show cause (OSC) or request for orders (RFO) in a domestic relations matter shall be presented to the Judge to whom the case has been assigned. (e) Probate. An application involving a probate matter shall be presented to the Judge to whom the case has been assigned. (f) Mental Health. An application involving a mental health matter shall be presented to the Supervising Judge of the Probate-Civil Division. (Effective 7/1/08, section (f) amended 1/1/13, 1/1/15, amended 1/1/21) 2.4.5 How Presented. (a) Guardian Ad Litem. Every application for the appointment of a guardian ad litem shall be captioned as the proposed or pending action and be accompanied by the written consent of the person nominated and, if the ward is over fourteen years of age, of the one for whom the guardian is sought. If the latter is a defendant, the application shall state the date on which said defendant was served. No application shall be presented for the nomination of any person who has any interest adverse or which might be prejudicial to the ward or who is not able or disposed to counsel with the ward or to actively and competently prosecute or defend the interest of the ward in the action or proceeding. (b) Application for Reduction of Undertaking. An application for a reduction in the amount stated by statute for an undertaking on an attachment shall: be verified; fully set forth facts in the personal knowledge of the affiant or the sources of information of facts averred on information and belief which tend to show that a reduction would not prejudice the rights of the defendant; set forth the facts purporting to justify the attachment; set forth the amount of the demand; set forth whether said property is in use and the nature thereof; state if the property is a going business, the effect, if any, of the attachment thereof and if the attachment is to be on a sum of money; and, set forth the date and result of all previous attachments, if any. (c) Shortening or Extending Time. An application for an order shortening or extending time for the service of a notice shall state any previous extension, any expiration date, and the facts showing good cause for granting the application. (d) Appointment of Counsel for Military Personnel. An application for the appointment of an attorney for a defendant in military service shall state the branch of such service, his or her service mailing address, when the time to answer or demur expired, whether any pleading has been filed on his or his behalf, and any other pertinent facts. (e) Substitute Service -- Domestic. An application for an order authorizing service pursuant to Corporations Code § 1702(a) shall be by affidavit or declaration averring that no designation of an agent for service of process is on file with the Secretary of State (or facts showing the failure to locate a designated agent) corroborated by letter from the Secretary of State and facts showing that service cannot be made upon any person authorized to receive service. (f) Substitute Service -- Foreign. An application for an order authorizing service pursuant to Corporations Code § 2111 (a) shall be by affidavit or declaration averring facts showing the doing of business by the corporation in California, the search made to find a person in the state authorized to receive service, no designation of an agent is on file with the Secretary of State (or the designated agent is no longer authorized to receive service) corroborated by a letter from the Secretary of State. (g) Application for Money Deposited. An application for an order for the payment of money which has been deposited with the Clerk of the Court pursuant to California Code of Civil Procedure § 708.770 shall be verified by the applicant, state the amount of money and date it was deposited with the Clerk, any amount previously received by the applicant and whether any claim of exemption or motion to vacate the judgment has been filed. The amount of money on deposit shall be endorsed on the application by the Clerk of the Court. (h) Property Otherwise Deposited. An application to receive personal, property or money, other than that deposited under California Code of Civil Procedure § 708.770, shall be verified by the claimant and shall state when, why and by whom it was deposited; any term or condition of the deposit; the name and addresses of every person claiming any interest therein; and the reason the claimant is entitled to receive it. The amount of money or description of the property on deposit shall be endorsed on the application by the Clerk. The Court may require the applicant to proceed by motion on the notice to all interested persons. (i) Execution on Installment Order of Judgment. An application for the issuance of a writ of execution as to an order or judgment for the payment of money installments shall be verified by the judgment creditor, and shall set out the pertinent provisions of the order of judgment, the total amount which has been paid, the amount of principal due, and the particulars as to any interest claimed. The application shall set forth also the assignment and the date service or notice thereof to the judgment debtor. (Effective 7/1/08) 2.4.6 Notice to Opposition. Ex parte applications and orders ordinarily will not be granted unless the applicant submits with the application a declaration regarding notice in compliance with rules 3.1203 and 3.1204 of the California Rules of Court. (Effective 7/1/08, amended 1/1/10, section (a) amended 1/1/13, amended 1/1/21) 2.4.7 Time for Application. Except as provided in rule 2.4.9, ex parte applications for orders are heard Monday through Friday, beginning at 8:15 a.m. in the designated department. The judicial officer hearing the application may hear the matter at that time or defer the matter until the completion of the law and motion calendar or otherwise as the Court’s calendar may allow. (Effective 7/1/08, amended 1/1/18, 1/1/21) 2.4.8 [Deleted 7/1/19] 2.4.9 Ex Parte Application for Temporary Restraining Order (TRO) Procedure When No Notice is Given. (Domestic Violence, Civil Harassment, Elder or Dependent Adult Abuse, Workplace Violence, and Gun Violence). When an application for an ex parte temporary restraining order (TRO) is submitted to the court, without notice to the opposing party, for Domestic Violence Prevention, Civil Harassment Prevention, Elder or Dependent Adult Abuse Prevention, Workplace Violence Prevention, or Gun Violence Prevention, a judicial officer will review the application on the same day the application is submitted, or on the next judicial day if sufficient time for judicial review was not provided, and a judicial assistant will notify the applicant regarding whether or not the temporary restraining orders were issued or denied. Whether or not temporary restraining orders are issued, the hearing on the application will be calendared within the time required by law. If the applicant provided notice of the ex parte application to the opposing party, the matter shall remain on the ex parte calendar for the Court to consider issuing amended orders. (Effective 1/1/21) Chapter 5 Unlawful Detainer 2.5.1 Unlawful Detainer Proceedings. The following policy shall apply to all unlawful detainer proceedings. (a) Where plaintiff seeks eviction, for failure to pay rent, a three-day notice to quit or pay rent clearly showing the amount presently owed must be served on the defendant at least three (3) days prior to the filing of the case. In the case of a 30-day notice of termination of tenancy, the notice must be served on the defendant at least thirty (30) days prior to the filing of the case. (b) The original or a copy of the three-day notice to quit or 30 day notice of termination of tenancy must be served and filed in accordance with California Code of Civil Procedure § 1166. (c) Service of the three-day notice or 30 day notice can be made by the plaintiff or by a person other than the plaintiff or by a person 18 years of age or older acting as plaintiff’s agent. (d) Service by the sheriff can be made under the provisions of Code of Civil Procedure § 1162(a)(3), which provides for posting on the property and mailing of a copy to the defendant when defendant cannot be served personally. Plaintiff (or plaintiff’s agent) must file a declaration which shows what efforts have been made to serve the defendant at his residence or place of business, or by substituted service, that the efforts were not successful, and why the defendant cannot be served at any other location or other means likely to give defendant actual notice. (e) Where plaintiff seeks to set a case for trial, the clerk is authorized to reject filings that do not comply with Section 1 on Judicial Council Form UD-150, as indicated. (Effective 7/1/08, amended 1/1/10, 1/1/25, 7/1/25) Chapter 6 Small Claims Appeals. 2.6.1 Hearing Dates for Small Claims Appeals. Small claims appeals under Code of Civil Procedure § 116.770 shall be treated as short cause trials. (Effective 7/1/08)

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.