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Division 3: notices of motion, demurrers and orders to show cause served and filed under Code of Civil Procedure § 1005, proofs of service filed not later than 4:00 on the fourth court day preceding the hearing, personal delivery near the deadline, opposition no later than one (1) court day before when a shorter period of notice is required, and memoranda of points and authorities (3.1.1 to 3.1.4); courtesy copies of memoranda in unlimited civil cases, and separate statements e-mailed in Word format to researchattorney@madera.courts.ca.gov (3.1.5); motions presented in writing (3.1.6); hearing dates requested from the Calendar Clerk, the law and motion calendar called at 8:30 a.m., notice of a continuance by 4:30 p.m. of the second court day preceding hearing, and motions in limine filed no later than 10 court days and oppositions five (5) court days before the first day of trial (3.2.1 to 3.2.6); objections to discovery quoting the request, minute orders, judgments signed as presented if no objection within ten (10) days, notice of ruling within ten (10) court days, real property judgments with the full legal description, and judicial notice requests (3.3.1 to 3.3.4); class actions governed by Rule 23 of the Federal Rules of Civil Procedure (3.3.5); tentative rulings not routinely issued - when the court intends to issue one, the parties notified, the ruling sent by email or fax and available by calling 559-416-5599 by 4:30 p.m. the day before the hearing (3.3.6); case management for general civil cases, the disposition standards - 90% within one (1) year, 98% within 18 months, 100% within two (2) years - and complex cases (3.4.1 to 3.4.6); the case management conference calendared no later than 180 days after the complaint with notice 45 days before, statements on Judicial Council Form CM-110 15 calendar days before, continuances by stipulation not exceeding 15 days, a $20 continuance fee, service of the summons by the first conference, uninsured motorist cases and referral to arbitration (3.5.1 to 3.5.11); case management orders and sanctions (3.6.1 to 3.6.3); the dismissal calendar with 20 days' notice and written objection not less than 5 days before (3.7.1 to 3.7.4); and the Civil Delay Reduction Coordinator (3.8.1)
California > Fifth Appellate District > Madera County > Superior Court of California, County of Madera
DIVISION 3 CIVIL RULES Chapter 1 General Provisions. 3.1.1 Initial Filing. Except as otherwise prescribed by law or these rules, all notices of motion, demurrers and orders to show cause must be served and filed in accordance with Code of Civil Procedure § 1005 unless an order shortening time has been granted by the Judge hearing the matter. Such order shortening time should be included in the order setting the hearing. Proper returns and proofs of service for all notices of motion, demurrers, and orders to show cause must be filed with the Clerk not later than 4:00 p m. on the fourth court day preceding the scheduled hearing. (Effective 7/1/08) 3.1.2 Papers filed at or near Deadline. When papers are filed at or near the deadline, service on opposing counsel should be by personal delivery when feasible. Service of responsive papers should be by personal delivery whenever service by mail has not been effected more than seventy-two (72) hours prior to the time of the hearing. (Effective 7/1/08) 3.1.3 Notice. When a shorter period of notice is required by Rules of Practice and Procedure as adopted by the Judicial Council and the Supreme Court, or otherwise provided by law, the opposition documents must be filed no later than one (1) court day preceding the date of hearing. (Effective 7/1/08) 3.1.4 Accompanying Memoranda. All demurrers and motions must be accompanied by a memorandum of points and authorities. A mere citing of code sections which authorize the filing of a demurrer or motion will not be sufficient unless this section is waived by the law and motion judge. (Effective 7/1/08) 3.1.5 Filings in Unlimited Civil Cases (a) Parties filing Memoranda of Points and Authorities in support of motions in unlimited civil cases must provide a courtesy copy of the Memorandum at the time of filing. (b) Parties filing a Memorandum of Points and Authorities in opposition to any motion in unlimited civil cases must provide a courtesy copy of the Memorandum at the time of filing. (c) Parties filing either moving, opposition or reply Separate Statements in Summary Judgment Motions, Summary Adjudication Motions, or Motions to Compel Discovery in unlimited civil cases, must include a courtesy copy of such a Separate Statement at the time of filing, and must also e-mail a copy of said Separate Statement, in Word format, to the court research attorney at researchattorney@madera.courts.ca.gov. (d) Parties who have obtained a fee waiver are exempt from this provision. (e) The failure to comply with parts (a) – (c) of this section will not prevent the papers from being accepted for filing, but parties are required to comply with this section as soon thereafter as practical. (f) The Court may, in its discretion, relieve a party from its duties under this section. (Effective 1/1/10, amended 1/1/13) 3.1.6 Filing Form for Motions. Unless otherwise specifically prescribed by law, all motions made in a law and motion department, except those for continuances made in open court, must be presented in writing. (Effective 7/1/08, renumbered 1/1/10, amended 1/1/13) Chapter 2 Calendaring Matters. 3.2.1 Motion Date. No motion shall be scheduled or noticed for hearing (except ex parte hearings) without first contacting the Calendar Clerk to request a date for hearing. (Effective 7/1/08) 3.2.2 Improper Calendaring. Should any matter be improperly noticed, the Clerk shall refer it to the civil law and motion Judge for disposition or instructions. Such instructions may, in the discretion of the Judge, include returning the document without filing. (Effective 7/1/08) 3.2.3 Time. The calendar in the law and motion department shall be called at 8:30 a.m. each court day. This hour may be changed from time to time by the Judge hearing the law and motion matter, or the Presiding Judge. (Effective 7/1/08) 3.2.4 Continuances. In case any party intends to ask for a continuance or does not intend to proceed in any matter on the date set, that party shall so inform the Court Clerk and opposing counsel or self-represented party as soon as possible, and, in any event, no later than 4:30 p.m. of the second court day preceding hearing. The Judge hearing the matter shall have complete discretion to rule or to take the matter off calendar at any time despite the agreement of counsel or self-represented party to the contrary. (Effective 7/1/08, amended 1/1/13) 3.2.5 Motion Removed from Calendar. A law and motion matter that has gone off calendar may be restored thereto only upon notice except in an extraordinary situation to be determined by the Court in its discretion. (Effective 7/1/08) 3.2.6 Motions in Limine. Any motions in limine shall be filed no later than 10 court days before the first day of trial. Any oppositions to such motions shall be filed no later than five (5) court days before the first day of trial. The Court shall have the discretion to refuse to consider any late-filed papers subject to this rule. The parties may agree to set different deadlines for the motions and oppositions, subject to the approval of the trial judge. Such an agreement may be put on the record at any status conference, without the need for a noticed motion or ex parte application, but in any event the agreement must be made no later than the date scheduled for the mandatory settlement conference for that case. (Effective 7/1/12) Chapter 3 Miscellaneous Law and Motion Department Matters. 3.3.1 Objections to Discovery. Objections to requests for admissions or to interrogatories shall identify and quote the request for admission or the interrogatory immediately preceding the objection. (Effective 7/1/08) 3.3.2 Orders and Judgments. (a) Minute Orders. Normally, the minute order granting, denying, sustaining, overruling, or ordering the motion off calendar, will be all that is required, and no signed order is necessary. (b) Judgment Forms. Counsel or self-represented party must prepare, serve, and present to the court forms for all orders and judgments which require the Court’s signature. If no objection is forthcoming within ten (10) days, the order or judgment will be signed as presented. (c) Failure to Object. Failure to serve and file written opposition may be deemed a waiver of any objections and an admission that the motion or demurrer is meritorious. (d) Captions. Captions in orders, decrees, and judgments must refer to all matters covered by the order, decree or judgment, and shall affirmatively state the result or relief. (e) Responsibility for Notice of Ruling. In addition to the requirements of California Code of Civil Procedure § 472d, notice of the Court’s ruling in all law and motion matters shall be deemed waived by all parties present unless a request is expressly made that notice be required or unless there are parties to the matter who are not present. In such instances, the prevailing party shall give notice unless otherwise ordered by the Court. Failure of the party so ordered to provide the notice of ruling to the Court for its signature within ten (10) court days of the ruling may be grounds for sanctions. (Effective 7/1/08, parts (a) & (e) amended 1/1/10, part (b) amended 1/1/13) 3.3.3 Real Property Judgments. All judgments or decrees including judgments of dissolution which affect the transfer of real property or interest therein or change the recorded title thereof shall set forth the full legal description of the property together with the name and address of the transferee. Proposed forms of judgments or decrees which describe the real property by street number designation only or similar reference shall not be approved. (Effective 7/1/08) 3.3.4 Judicial Notice. (a) Duty of Requesting Party. Whenever a party requests the Court to take judicial notice of any matter other than a record of the Madera County Superior Court, the requesting party shall provide the Court with sufficient information to enable it to take judicial notice. (b) Superior Court Files. If such matter is contained in a file of the Madera County Superior Court, the party shall, at least five (5) days prior to the hearing, by separate document filed directly in the department wherein the matter is noticed, request the Clerk of said department to order delivery of the file for the date of the hearing; and said document shall set forth the case name and number. (c) Other Court Files. If such matter is contained in a file of any other court, such file shall be subpoenaed for the date of the hearing, or a certified copy of the record or so much thereof as the party wants judicially noticed, shall accompany and be attached to the moving papers. (Effective 7/1/08) 3.3.5 Class Actions. Where not inconsistent with California law, the California Rules of Court or these local rules, cases filed in this Court as representative or class actions under California Code of Civil Procedure § 382, shall be governed by, and comply with, Rule 23 of the Federal Rules of Civil Procedure. (Effective 7/1/08, Renumbered 7/1/11) 3.3.6 Tentative Rulings. “The court does not routinely issue tentative rulings in advance of the hearing date. If the court chooses to issue an advance tentative ruling, it shall follow the procedure described in California Rules of Court, Rule 3.1308 (a)(2). If the court intends to issue an advance tentative ruling, the parties will be notified by the court and the tentative ruling will be sent to the parties by email or fax at the discretion of the court. The ruling may also be obtained by calling 559-416-5599 if the parties have been notified of the court’s intention to issue a tentative ruling. A party should not telephone the court unless the party has been notified by the court of its intention to issue a tentative ruling. The tentative ruling will be made available by 4:30 p.m. the day before the scheduled hearing, unless another time is specified by the court. The parties shall not be required to give notice of intent to appear, and the tentative ruling shall not automatically become the ruling of the court if such notice is not given. The tentative ruling, or such other ruling as the court may render, shall not become final until the hearing. Nothing in this section shall require any judge to issue a tentative ruling on any motion.” (Effective 1/1/16) Chapter 4 Case Management - Scope, Purpose and Authority. 3.4.1 Scope. The provision of the case management rules contained in this Division of the Local Rules applies only to “general civil cases,” that is, all civil cases except probate, guardianship, conservatorship, family law (including child custody proceedings), juvenile proceedings and other civil proceedings. (Effective 7/1/08) 3.4.2 Definitions. “General civil proceedings” shall specifically include: (a) Personal injury, death or property damage-motor vehicle cases; (b) Personal injury, death or property damage-other cases; (c) Eminent Domain proceedings; (d) Other civil actions and proceedings including breach of contract, injunctions, petitions for receivers, extraordinary writs, and the like, where other statutory provisions or Rules of Court do not conflict with these rules. (Effective 7/1/08) 3.4.3 Purpose. The purpose of this rule is to: (a) expedite disposition of the case; (b) establish early and continuing control so that the case will not be protracted because of lack of management; (c) discourage wasteful pretrial activities; (d) improve the quality of trials by encouraging thorough preparation; and (e) facilitate early settlement of each case. (Effective 7/1/08) 3.4.4 Authority. This Rule is adopted pursuant to the authority of Government Code § 68070, and Standards 2 and 2.1 of the Standards of Judicial Administration. (Effective 7/1/08) 3.4.5 Case Disposition Standards. (a) General Civil Cases. The Court adopts the disposition guidelines set forth in Standards 2.1 and 2.2 of the Standards of Judicial Administration, i.e., 90% of all general civil cases shall be disposed of within one (1) year of the filing of the complaint, 98% shall be disposed of within 18 months and 100% shall be disposed of within two (2) years. (Effective 7/1/08, amended 1/1/17) (b) Time Standards in Small Claims Cases. The goal of each division within this Court shall be: 90% disposal within 75 days of filing; 100% within 95 days of filing. (Effective 7/1/08, amended 1/1/17) (c) Time Standards for Unlawful Detainer Actions. The goal of each division within this Court shall be: 90% disposal within 30 days of filing; 100% disposal within 45 days of filing. (Effective 7/1/08) 3.4.6 Exemption for Complex Cases. Cases which the Court determines to be “complex” cases shall be governed by Standard 3.10 of the Standards of Judicial Administration and not by this Division. The Court may independently review the case file to determine if a case is a “complex” case at any time after the filing of a complaint or upon the suggestion of any party. (Effective 7/1/08, amended 1/1/10, 7/1/13). Chapter 5 Case Management Conferences in Superior Court. 3.5.1 Calendaring the Case Management Conference. A Case Management Conference will be calendared no later than 180 days after the filing of the initial complaint, and notice of the case management conference shall be given to all parties no later than 45 days before the conference. If the Complaint has not been served in that time, the Plaintiff or Plaintiffs must still appear and request a continuance, subject to a good cause determination by the Court. The Case Management Conference shall be taken off calendar if a dismissal or judgment as to all parties has been entered, or if an at issue memorandum has been filed. (Effective 7/1/08) 3.5.2 Preparation for Case Management Conference. No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. The parties must use the mandatory Case Management Statement, Judicial Council Form CM-110. All applicable items on the form must be completed. In lieu of each party filing a separate case management statement, any two (2) or more parties may file a joint statement. (Effective 7/1/08) 3.5.3 Continuances of Case Management Conference. A noticed conference may be continued by stipulation of the parties for a period not to exceed 15 days from the original date set for the hearing. The Court may continue the Case Management Conference for the convenience of the Court’s calendar, including informal coordination of related cases, consolidation of hearings on other pending motions, or other good cause. The Court may, in its discretion, impose a $20 continuance fee if the circumstance causing the continuance is caused by one or more of the parties. The fee must be paid prior to the entry of judgment or dismissal. (Effective 7/1/08, amended 1/1/10) 3.5.4 Time and Department for Case Management Conferences. Conferences shall be held in the department to which civil matters are assigned or as directed by the Presiding Judge. The first conference shall ordinarily be heard as calendared by the Judicial Secretary and thereafter conferences shall be held as ordered by the Court. (Effective 7/1/08, amended 1/1/13) 3.5.5 [Deleted 1/1/15] 3.5.6 Service of Parties. Plaintiffs shall have served the summons and complaint on all defendants and shall have filed the proofs of service by the date of the first Case Management Conference. Alternatively, plaintiff may submit an application and order for publication of summons within this period. Parties shall not submit applications for extension of time for service of summons. Requests for additional time to serve summons will be considered at the Case Management Conference. (Effective 7/1/08) 3.5.7 [Deleted 1/1/10] 3.5.8 [Deleted 1/1/10] 3.5.9 Uninsured Motorist Cases. To allow for arbitration of the plaintiffs’ claim, the rules in this Division shall not apply to a case designated by the Court as “uninsured motorist” until 180 days after the designation. With the filing of the complaint or within 10 days after discovery that the case is an “uninsured motorist” case, plaintiff shall file an ex parte application for designation as “uninsured motorist.” If the case is not dismissed 180 days after the designation, the Court shall issue an order to show cause why the case should not be dismissed. (Effective 7/1/08) 3.5.10 Reporting of Case Management Conference. Case Management Conferences are not reported unless otherwise directed by the Court. (Effective 7/1/08, amended 1/1/10) 3.5.11 Referral to Arbitration. If plaintiff designates the case as eligible for judicial arbitration under Code of Civil Procedure § 1141.11, and defendant’s response indicates that the case is otherwise eligible, the Court may, on its own motion, vacate the Case Management Conference and refer the matter to judicial arbitration. If the parties fail to designate that the case is or is not suitable for arbitration, the Delay Reduction Coordinator may inquire from the parties whether the case is suitable for arbitration, and if the parties all agree to arbitration, the Court may order the matter so referred and vacate the Case Management Conference. (Effective 7/1/08, amended 1/1/10). Chapter 6 Case Management Conference Orders. 3.6.1 Type of Order Judge May Enter. Following any case management conference conducted pursuant to this Division, the Judge conducting the conference may enter orders as may be necessary for the conduct of the conference, including continuance of the conference or discovery matters. (Effective 7/1/08) 3.6.2 Order Governs Further Proceedings. Any such Order shall, until modified, govern all further proceedings in the case. (Effective 7/1/08) 3.6.3 Failure to Comply May Result in OSC re: Sanctions. Failure to comply with the orders of the Court in any Case Management Conference may result in the Court imposing monetary sanctions under Code of Civil Procedure § 177.5, or other sanctions under Government Code § 68608(b), including dismissing actions or striking pleadings, if it appears that less severe sanctions would not be effective after taking into account the effect of previous orders or previous lack of compliance in the case. (Effective 7/1/08, amended 1/1/10). Chapter 7 Case Management - Dismissal Calendar. 3.7.1 Definition. The Court periodically shall hear a dismissal calendar for cases which are eligible for dismissal under the provisions of Part 2, Title 8, Chapter 1.5 (commencing with § 583.110) of the Code of Civil Procedure. (Effective 7/1/08) 3.7.2 Setting. Cases shall be placed on this calendar on motion of the Court. Parties shall be given 20 days’ notice, unless longer notice is required by statute or by the California Rules of Court. (Effective 7/1/08) 3.7.3 Opposition. A party desiring to oppose a motion to dismiss must file a written objection not less than 5 days before the date calendared for hearing the motion. Such an objection shall state concisely the grounds for opposition to any such motion, and if opposition is based on a stay of proceedings issued by another Court a copy of the document on which the party relies for asserting such a stay exists, and a brief statement outlining the status of the matter creating such a stay. (Effective 7/1/08) 3.7.4 Dismissal. When no opposition is filed in accordance with these rules, the matter shall be summarily dismissed on the date calendared for hearing, notwithstanding any later appearance or opposition. (Effective 7/1/08) Chapter 8 Miscellaneous Provisions 3.8.1 Delegation. The Presiding Judge may delegate the functions of the Court Clerk set forth in this Division in setting, continuing or vacating Case Management Conferences to a designated Court employee who shall be called the Civil Delay Reduction Coordinator. (Effective 7/1/08)
DIVISION 3 CIVIL RULES Chapter 1 General Provisions. 3.1.1 Initial Filing. Except as otherwise prescribed by law or these rules, all notices of motion, demurrers and orders to show cause must be served and filed in accordance with Code of Civil Procedure § 1005 unless an order shortening time has been granted by the Judge hearing the matter. Such order shortening time should be included in the ord
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 53 to 62, page numbers 53 to 62) 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.
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.
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.