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Rules 1 to 1.6: the rules known and cited as the Local Rules for the Superior Court of California, County of Merced, the Presiding Judge and Assistant Presiding Judge selected by a majority secret vote for a two-year term commencing January 1st, the Presiding Judge's duties including Issuing Standing Orders, an Executive Committee of at least three (3) judges, the Court Executive Officer, and the Superior Court Commissioners with the powers of Code of Civil Procedure section 259 (1); sessions heard in two districts - the Merced District, and the West County District (the courthouse located in Los Banos, zip codes 95322, 95374, 93620, 93635 and 93665) - actions heard in the district in which they arose, and contested probate, conservatorships, guardianships, juvenile dependency, civil case management, mandatory settlement conferences, jury trials, adoptions and drug court heard only in the Merced District (1); all Juvenile Justice proceedings at the Juvenile Division in the Iris Garrett Justice Correctional Complex (JJCC) at 2840 W. Sandy Mush Road (1); courthouses open for judicial business from 8:00 a.m. until 5:00 p.m. on all court days (1); the calendars accessed at (209) 725-4100 or on the website, the parties checking the availability of a calendar before requesting that a matter be set (1); a direct calendar system, the assigned judge reflected on the first paper filed (1); court reporting services scheduled for all felony criminal proceedings and all juvenile proceedings, family law, small claims, civil, trials de novo, misdemeanors, traffic and expedited jury trials not reported, the electronic recording system the official reporting service for infractions (copies requested on Form MCS-AD-010), an official pro tempore reporter arranged and paid for by a party, a statement filed before the Case Management Conference date requesting an official court reporter, the $30 fee of Government Code section 68086 for each non-criminal proceeding lasting one hour or less, $225.00 for a half day and $450.00 for a full day, daily transcripts requested in writing at least two weeks in advance of trial, the family law reporter fees and refunds, and for parties with fee waivers limited civil proceedings electronically recorded on request and an official court reporter on request in unlimited civil and family law proceedings (1); interpreters at no cost in criminal, juvenile, domestic violence and elder abuse hearings and, within existing funding restrictions and staff availability, in family law and child support cases and family court services, with incidental use in civil courtrooms (the Limited English Proficiency (LEP) Plan) (1); a judicial day of vacation defined (1); cursory searches of all persons entering the courthouse, the right to decline a search on condition of leaving the courthouse, no firearms or other weapons in the Court buildings except for persons charged with security and on-duty peace officers, no weapon in the courtroom in a civil, family law, or probate matter, and law enforcement body-worn cameras not activated inside any courthouse facilities (1.2); no person appearing in court without a shirt, barefoot, or wearing a tank top (1.3); persons who perceive or witness sexual harassment notifying the Court Executive Officer (1.4); no exhibit taken from the clerk's office or courtroom (1.5); and the words Clerk (the Clerk of the Court or any deputy clerk) and Judicial Officer defined (1.6)
RULE 1: COURT ORGANIZATION Adoption and Amendment of Rules These rules shall be known and cited as “Local Rules for the Superior Court of California, County of Merced.” These rules shall become effective as of July 1, 2024, and on that date all other rules previously adopted by this Court are repealed, provided that no action heretofore taken in compliance with such rules shall be made invalid or
Reviewer note: Composed 2026-10-15 (California T4 Merced build 2026-10-15) from BenchPath custody ca/t4/ca-merced/docs/local-rules/2026-july-local-rules.pdf (the court's rule book, its cover “MERCED COUNTY SUPERIOR COURT LOCAL RULES OF COURT EFFECTIVE July 1, 2026”, as fetched 2026-10-15; 711888 bytes, sha256 2fed23656f258d9056d180aa94888ac04a69db55e60e3b6c1a7a4b601cde7fbd; 112 pages; this part PDF pages 13 to 24, page marks 13 to 24) with the shared verbatim composer (v2 reflow): the rules (PDF pages 13 to 97) composed as one text and cut at the rule headings that open each part (“RULE 1: COURT ORGANIZATION”, “RULE 2: FILING PROCEDURES”, “RULE 3: CIVIL RULES”, “RULE 16: CRIMINAL RULES”, “RULE 17: TRAFFIC RULES”, “RULE 100: PROBATE RULES – PREFACE”, “RULE 200: ACCESS TO JUVENILE COURT RECORDS”, “RULE 400: FAMILY LAW - GENERAL POLICY STATEMENT”, “RULE 500: APPELLATE DIVISION”), each matched once as a whole line; every page's running head (“Merced Superior Court”, named) and page mark (“13 | P a g e” to “97 | P a g e”, named) removed as chrome - 170 chrome lines; lines reflowed into the rules' paragraphs, each rule heading 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; 1 whitespace-only fix (build/book-fixes.json: Rule 2.1's “California Rules of Court,” and “Rule 1.150.”, split where a line opens “Rule 1.150”, rejoined); 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 (PDF page 1), the judges' page (2), the summary of changes (3), the instructions (4 and 5), the contents (6 to 11), the cities and communities served (12), the list of rules and effective dates (98), the lists of approved local forms (99 to 107) and the index (108 to 112) belong to no card. Review note: Rule 1 (Adoption and Amendment of Rules) still reads “These rules shall become effective as of July 1, 2024”; the book's cover reads effective July 1, 2026 and its Summary of Changes lists the “July 1, 2026, date update”. Rule 1's Court Reporters section names “Form MCS-AD-010 Request for Copies of Electronic Recordings”; the Local Forms page (carded) lists the form as MSC-AD-010. The court's proposed Local Rules effective January 1, 2027 (the public review period ending November 17, 2026) are held: proposed, not adopted.
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 > Merced County > Superior Court of California, County of Merced
RULE 1: COURT ORGANIZATION Adoption and Amendment of Rules These rules shall be known and cited as “Local Rules for the Superior Court of California, County of Merced.” These rules shall become effective as of July 1, 2024, and on that date all other rules previously adopted by this Court are repealed, provided that no action heretofore taken in compliance with such rules shall be made invalid or ineffective by such repeal. (Eff. 7/1/04; Rev. 7/1/24) Presiding Judge The business of the Court shall be directed by one of the Judges, designated as the Presiding Judge, who shall act in such capacity for a term of two calendar years. The Judges of this Court shall meet during the month of September of every other year, commencing with September 2004, and by a majority secret vote select the Presiding Judge and Assistant Presiding Judge for the succeeding two-year term commencing January 1st. The Assistant Presiding Judge shall be assigned such duties as the Presiding Judge deems necessary and shall be the acting Presiding Judge when the Presiding Judge is absent or unable to act. In the event a Presiding Judge leaves office before the end of their term, the Assistant Presiding Judge shall assume the position of Presiding Judge and a new Assistant Presiding Judge shall be elected. Each shall serve in such capacity until the next regularly scheduled election. (Eff. 7/1/04; Rev. 7/1/21) 1. Authority and Duties The Presiding Judge shall have the authority and duties prescribed by California Rules of Court and rules as adopted by the Superior Court. The Presiding Judge’s duties shall include, but are not necessarily limited to, the following: a. Presiding over regular and special Courts meetings. b. Presiding over executive committee meetings. c. Setting and implementing Policies and Procedures. d. Planning for the Court’s future needs. e. Supervising the Court Executive Officer. f. Conducting the day to day affairs of the Court. g. Issuing Standing Orders. (Eff. 7/1/04; Rev. 1/1/13; Renum. 1/1/16; Rev. 1/1/19) Executive Committee of the Court The Executive Committee shall have the duties designated in the California Rules of Court. The committee shall be comprised of at least three (3) judges, including the Presiding Judge and the Assistant Presiding Judge and the outgoing Presiding Judge. Additional judicial members shall be appointed by the Presiding Judge. The Presiding Judge shall serve as the chairman. The Court Executive Officer shall be a non-voting member and shall serve as secretary of the Executive Committee. (Eff. 7/1/04; Rev. 1/1/13, 1/1/17, 1/1/19) 1. Terms: The term of office of Executive Committee members shall be two (2) years, coinciding with the term of the Presiding Judge, commencing January 1, immediately following their election. The Executive Committee should hold regular meetings at least twice every month. Any Merced Superior Court Judge may attend any meeting of the committee. Notice of the time and place of the meeting shall be provided to all Judges at least 24 hours before the meeting. (Eff. 7/1/04; Rev. 1/1/13) 2. Duties of the Executive Committee: The Executive Committee shall advise and assist the Presiding Judge on all matters related to Court Administration, including recommending major personnel and administrative polices with the assistance of the Court Executive Officer. The Executive Committee shall adopt an annual budget for submission to the Judicial Council of California. (Eff. 7/1/04; Rev. 1/1/13, 7/1/13, 1/1/14) Court Executive Officer The duties of the Court Executive Officer shall include, but are not necessarily limited to, those set forth in California Rules of Court, rule 10.610 and such other duties as may be assigned by the Presiding Judge. The Court Executive Officer shall be responsible for the selection, retention and direction of all non-judicial personnel of the Court. The Court Executive Officer shall be an exempt employee whose selection shall be recommended by a majority of the Executive Committee and approved by a majority vote of all Merced Superior Court Judges, who may be terminated by a majority vote of all Merced Superior Court Judges. The Court Executive Officer shall serve as a non-voting member of the Executive Committee and shall serve as secretary. The secretary is responsible for conducting all elections and counting all votes. (Eff. 7/1/04; Rev. 1/1/09, 1/1/13; Renum. 7/1/18) Court Commissioners The Superior Court Commissioners shall perform the duties and shall have the powers prescribed by Code of Civil Procedure section 259 and the duties and powers of a Juvenile Court referee as specified in Welfare & Institutions Code section 248. The Superior Court Commissioners shall be exempt employees who shall serve at the pleasure of the judges of the Merced Superior Court. They shall be selected by the Executive Committee and may be terminated by a majority of all Merced Superior Court Judges. (Eff. 7/1/04; Renum. 7/1/18; Rev. 1/1/09, 1/1/13) Meeting of the Judges There should be a meeting of the Judges held once a month to conduct such business as may properly come before them. Additional meetings may be called by the Presiding Judge or by a majority of the Judges. Each Judge shall have one vote at the Judges’ meetings. Any Judge that does not attend a regular or special meeting (except a meeting to select the Presiding Judge) may authorize another Merced Superior Court Judge to exercise a written proxy, general or specific as stated in the proxy, and vote on their behalf. (Eff. 7/1/04; Renum. 7/1/18; Rev. 1/1/09, 7/1/21) Districts of the Court For the convenience of the parties, attorneys, and the court, sessions of the court shall be heard in districts which are based upon the courthouse locations. The Merced District is the district consisting of the divisions and courthouses located in Merced and includes all areas within the county of Merced except those areas within the West County District as described below. The West County District is the district consisting of the courthouse located in Los Banos and is based upon the following zip code designations: 95322 – Gustine 95322 – Santa Nella 95374 – Stevinson 93620 – Dos Palos 93635 – Los Banos 93665 – South Dos Palos Except as these rules provide or unless the Presiding Judge orders otherwise, all actions or proceedings shall be heard in the district in which they arose or in which the land subject to dispute is situated, or in which a party resides. Any action or proceeding may be transferred to any other district by the court on its own motion or on noticed motion by any party where the action was filed in the wrong district or for other good cause shown by affidavit, declaration, or stipulation. To determine the proper district for filing, please refer to the venue provisions set forth in Code of Civil Procedure section 392 through 401. (Eff. 1/1/17; Rev. 7/1/17; Renum. 7/1/18) Proceedings Heard Only in Merced District The following actions and proceedings shall be heard only in the Merced District: 1. Contested probate, conservatorships, guardianships; 2. Juvenile Dependency; 3. Civil Case Management; 4. Mandatory Settlement Conferences; 5. Jury Trials; 6. Adoptions; 7. Drug Court. (Eff. 7/1/17; Renum. 7/1/18) Juvenile Justice All Juvenile Justice proceedings are heard exclusively at the Juvenile Division located in the Iris Garrett Justice Correctional Complex (JJCC) at 2840 W. Sandy Mush Road, Merced. (Eff. 7/1/17; Renum. 7/1/18; Rev. 1/1/19) Hours of Judicial Business 1. Courthouses are open for judicial business from 8:00 a.m. until 5:00 p.m. on all court days with the exception of the JJCC, which closes once court sessions are completed for the day. 2. Hours of operation for all clerks’ offices are posted on the Court’s website and may be amended per Government Code section 68106. (Eff. 7/1/04; Rev. 1/1/13; Renum. 1/1/17, 7/1/17; Rev. 1/1/19) Scheduling of Trials and Hearings A list of the times and days of the Court’s various calendars, for both civil and criminal matters, and including the hearing of ex parte matters can be accessed at (209) 725-4100 or at www.merced.courts.ca.gov. The parties are required to check for the availability of a calendar before requesting that any matter be set; special settings will occur only in the most extraordinary circumstances. (Eff. 7/1/04; Rev. 1/1/13; Rev. & Renum. 1/1/17; Renum. 7/1/17, 7/1/18) Direct Calendar System The Court maintains a direct calendar system with cases assigned to one Judge for all purposes, including trial. The Presiding Judge, Assistant Presiding Judge, or designee may assign and re-assign cases to other Judges as needed. Any judicial officer sitting in Los Banos is a designee authorized to re-assign cases to other Judges for all purposes. The assigned judge will be reflected on the first paper filed in any action. (Eff. 1/1/13; Renum. 1/1/17, 7/1/17, 7/1/18; Rev. 7/1/22; 7/1/23) Court Reporters 1. Court Reporter Availability: a. The court schedules court reporting services for the following: (1) All felony criminal proceedings; (2) All juvenile proceedings (delinquency and dependency); and (3) Any other proceedings that the Court, in its discretion, orders to be reported. b. The following matters are NOT REPORTED and an official transcript is NOT available: family law, small claims, civil, trials de novo, misdemeanors, traffic, and mandatory/voluntary expedited jury trials pursuant to Code of Civil Procedure section 630.01 et seq. and applicable rules of court. c. Electronic Recording: All courtrooms ae equipped with an electronic recording system is available for some hearing types as specified by the Court, in lieu of or in the absence of a court reporter. (See also Local Rule 500.1.) Electronic Recording as Official Record – Pursuant to rule 2.952 of the Cal. Rules of Court, the court’s electronic recording system shall be the official reporting service for infractions and, upon order of the court, in misdemeanor and limited civil proceedings. For appeals where the appellant elects to proceed with a transcript of the oral proceedings instead of a settled statement, the cost and burden to prepare the transcript shall be borne by the appellant. A party may request a copy of an electronic recording. Form MCS-AD-010 Request for Copies of Electronic Recordings must be completed and submitted to the applicable Clerk’s Office. d. A party may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter. It will be that party’s responsibility to pay the reporter’s fee for attendance at the proceedings, but the expense may be recoverable as part of the costs, as provided by law. Rule 2.956(c), Ca. Rules of Court. e. The Court reserves the right to order proceedings reported if both sides waive reporting services and reporting services are deemed necessary by the Court. In that event, all parties will be ordered to share the cost. The expense may be recoverable as part of the costs, as provided by law. Rule 2.956(c), California Rules of Court. f. Only One Official Record: There can be only one official record of court proceedings, and only a reporter appointed by the court may report a court proceeding (Code of Civil Procedure Section 273; Government Code Sections 70043 and 70044; Redwing v. Moncravie (1934) 138 Cal. App. 432, 434.) In the event a party arranges for an Official Pro Tempore to appear without checking on Court Reporter availability with the Court Calendar Manager and the Court is able to provide court reporting services, the Court will elect the official court reporter to report the court proceedings. In the event the parties arrange for the attendance of an official pro tempore reporter in a civil trial because of the unavailability of the services of an official court reporter, the Court expects parties to come to an agreement prior to the hearing as to reporting services. Proceedings will not be delayed due to disagreement among the parties as to the selection of the court reporter; if absolutely necessary, the judicial officer will avoid delay in the proceedings by selecting one of the reporters put forward by the parties. CCP §128(a)(3). (Eff. 1/1/16; Rev. 7/1/16; Rev. & Renum. 1/1/17, 7/1/17, 7/1/18; Rev. 1/1/18, 7/1/19, 1/2/23) 2. Official Pro Tempore Reporters: a. Non-Felony Proceedings: Court reporters may be used in non-felony proceedings, but they must be obtained by, and at the expense of, one or more of the parties. b. Civil Proceedings: When the services of an official court reporter are not available for a hearing or trial in a civil case, a party may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter. It will be that party’s responsibility to pay the reporter’s fee for attendance at the proceedings, but the expense may be recoverable as part of the costs, as provided by law. (See Cal. Rules of Court, rule 2.956(c).) (Eff. 1/1/16; Rev. 7/1/16; Renum. 1/1/17, 7/1/17, 7/1/18) 3. Court Reporting Services Requested by Parties for Civil Trial: A party in any type of civil case must file a statement prior to the Case Management Conference date indicating whether the party requests the presence of an official court reporter. After receipt of a written request, if it appears to the court the services of an official reporter will not be available, the clerk will notify the party of that fact as soon as possible before the trial or hearing. The party will then need to make arrangements for the presence of an official pro tempore reporter. Parties should be aware if multiple trials are set forth on the same trial call calendar and your case is assigned to another courtroom in which a court reporter is not regularly assigned, it will be the party’s responsibility to arrange for an official pro tempore reporter. In the event the civil trial that is assigned to a courtroom that does not regularly staff a court reporter and both sides waive reporting services, but the reporting services are deemed necessary by the Court, all parties will be ordered to share the cost in arranging for an official pro tempore reporter. The expense may be recoverable as part of the costs, as provided by law. (Rule 2.956(c), Cal. Rules of Court.) If a party arranges for the attendance of an official pro tempore reporter at a civil trial because of the unavailability of the services of an official court reporter, it is recommended that if one reporter is designated, that they guarantee their availability to cover the entire trial so there is no delay or interruption of proceedings, or a delay in read back to the jury, if requested. The official pro tempore reporter is to comply with statutes and rules applicable, including the duty to timely prepare transcripts, and the form of the appellate record. (See, e.g., Code of Civil Proc., §269, et seq.; Cal. Rules of Court, rule 8.130, 8.144.) (Eff. 1/1/16; Rev. 7/1/16; Renum. 1/1/17; Rev. & Renum. 7/1/17; Renum. 7/1/18) 4. Court Reporter Service Fees: In accordance with Government Code §68086, the Court collects a $30 fee for every non-criminal proceeding lasting one hour or less for which court reporter services are provided. The $30 fee shall be paid by the party that filed the paper that resulted in the proceeding being scheduled. If the $30 fee is required for a proceeding as provided herein, that proceeding may be delayed if the $30 payment is delayed and may not go forward if the fee remains unpaid. For a single case with multiple proceedings to take place in the same hour on the same day, one fee is collected per four proceedings. Fees will also be charged for the use of regular reporters in the above-mentioned civil calendars as follows: Half day (more than one hour and less than four hours): $225.00; Full day (four hours or more): $450.00. Checks for such services should be made payable to the Merced Superior Court and paid for at the Clerks’ Office each day, unless otherwise informed, prior to commencement of proceedings. Additionally, the parties shall be responsible for all transcript costs pursuant to California Government Code section 69953. (Eff. 1/1/16; Renum. 1/1/17; 7/1/18) 5. Daily Transcripts: Request for daily transcripts in civil cases must be made, in writing, at least two weeks in advance of trial. Parties requesting such daily transcript will be required to pay daily transcript rates and the per diem rate for an official court reporter. Pursuant to California Government Code 69953.5. These fees are separate from Court Reporter Service Fees, Government Code §68086. If there are insufficient staff court reporters to report civil trials that are requesting daily transcripts, a party may arrange for the presence of a certified shorthand reporter at their own expense pursuant to CRC 2.956. Parties should check with the Court Calendar Manager regarding the availability of a staff court reporter. Check the court website for contact information. (Eff. 1/1/16; Renum. 1/1/17; Rev. & Renum. 7/1/17; Renum. 7/1/18, 1/1/23) 6. Court Reporting Services for Family Law: Official Court Reporters will not be provided by the Court in Family Law matters. In the event an official court reporter is provided by the court, this Court determines Family Law proceedings to be governed by Government Code section 68086(a)(1)(A). For each proceeding lasting less than one hour, a fee of $30.00 shall be charged for the reasonable cost of the services of an official court reporter. The fee must be paid at the time of filing. If the matter is continued for any reason, before the case is called, the fee continues over to the next hearing. If the matter is continued, for any reason, after the case is called, the party requesting the continuance must pay a new and separate fee for the next hearing and submit proof of payment before the next hearing. If a hearing is taken off calendar before the case is called, the fee will be refunded. Claiming a refund is solely the responsibility of the party. A party litigant seeking a waiver of this fee should file an appropriate request for waiver of court fees and costs, which shall be ruled on timely by the Judge or Commissioner presiding over the action. However, Court Reporter transcript fees are not to be waived under any circumstances. In Government Code Section 68086, the aforesaid section contains the language regarding fees for cases lasting more than one hour. Accordingly, it shall be the new stated policy of this Court, regarding this additional court reporter fees, as follows: If the party litigants seek to set a long-cause hearing, trial, or other proceeding which exceeds one hour, but that will last no more than one-half day, the party litigants will be charged a fee for court reporter services in the amount of $225.00. If the hearing exceeds four hours or more, the fee for court reporter services is $450.00, full day. Checks for such services should be made payable to the Merced Superior Court and paid for at the Clerks’ Office, unless otherwise informed, prior to commencement of proceedings. If the fee for one-half day of court reporter services is paid and the long-cause hearing, trial, or other proceeding is completed in less than one hour, the party litigants can seek a refund similar to those remitted when long cause actions are resolved or are completed in less than one day. The judicial officer has the discretion to grant or deny this request for refund. Additionally, the parties shall be responsible for all transcript costs pursuant to California Government Code section 69953. (Eff. 7/1/19, 1/23/23) 7. Court Reporter availability policy for parties with Fee Waivers: The Merced Superior Court’s Court Reporter availability policy is in compliance with the California Supreme Court’s decision in Jameson v Desta. a. Limited Civil proceedings will be electronically recorded by the court upon request at the hearing by a party who has received a fee waiver pursuant to California Rules of Court rule 3.55. The electronic recording will be the official verbatim record of proceedings as provided in Government Code section 69957. b. In Unlimited Civil and Family Law proceedings, a party who has received a fee waiver pursuant to California Rules of Court rule 3.55 may request an official court reporter pursuant to California Rules of Court rule 2.956(b)(3). (Eff. 7/1/19) Court Interpreters The court has implemented a Limited English Proficiency (LEP) Plan. Providing spoken-language interpreters in court proceedings are based in whole or in part on statutory and case law. Interpreters will be provided at no cost to court customers who need such assistance under the following circumstances: 1. For litigants and witnesses in criminal hearings; 2. For litigants and witnesses in juvenile hearings; 3. For litigants and witnesses in hearings involving domestic violence and elder abuse; 4. For litigants and witnesses in family law and child support cases, within existing funding restrictions and staff availability; and 5. For litigants who need assistance when using family court services, within existing funding restrictions and staff availability. Additionally, the Court may use interpreters who are providing mandated interpreting services for issues such as criminal or juvenile cases for incidental use in civil courtrooms when available. The Superior Court of California, County of Merced recognizes the significant benefits to both the public and the court by providing interpreters in civil cases and will attempt, whenever possible, to provide such interpreters through incidental use. When an interpreter is unavailable for a case in which the court is not mandated to provide one, the court may take the following actions: 1. Continue the hearing to a day when the calendar shows incidental availability of an interpreter for that language; 2. Appoint a bilingual family member, friend, or other support persons to act as an interpreter for the party; or 3. Utilize Language Line in the courtroom. For additional information, please reference our LEP Plan on our website at www.merced.courts.ca.gov. (Eff. 7/1/13; Rev. 1/1/17, 7/1/17; Rev. & Renum. 7/1/18) Judicial Day of Vacation Defined A day of vacation for a judge of the court is an approved absence for one full business day. Vacation may also be approved on a half day basis, consisting of at least four (4) hours off in the morning or in the afternoon. Other absences from the court listed in California Rules of Court, rule 10.603(c)(2)(H) are excluded from this definition. RULE 1.2: COURT SECURITY Security in the courtrooms shall be maintained by the Sheriff of the County of Merced, unless otherwise ordered by the Presiding Judge. Procedures for the security of the Court are set forth in the Security Contract and Court Security Plan approved by the Court Executive and Court Security Committee in consultation with the Sheriff. (Eff. 7/1/04; Rev. 1/1/12) A. Searches of Persons and Property In order to maintain adequate physical security for Court personnel, litigants and the public, the following procedures shall apply to all Court facilities: 1. All persons entering the courthouse or courtroom shall be subject to cursory search, including searches of purses, parcels and other carried items at any time deemed warranted by Court Security Personnel or as directed by a Judge of the Court. “Cursory search” includes the use of “pat down” searches, electronic metal detection and visual inspection of the contents of any purse, parcel or carried item. 2. All persons entering a courtroom shall be subject to detailed search, including searches of purses, parcels, or other carried items at any time authorized by the Judge of the subject courtroom. “Detailed search” shall include all of the means in the previous paragraph, plus such additional measures as may be deemed warranted by the authorizing Judge. 3. Conducting searches pursuant to this Rule, Court Security Personnel shall acknowledge the right of a person to decline a search of their person or property, on condition that they immediately leave the courthouse. Such right to leave without being searched shall not apply to searches incident to arrest or otherwise being taken into custody, or any other circumstances authorized by law which permits searches without warrant. A person who refuses to submit to search and also refuses to leave the courthouse may be subject to arrest for violation of Penal Code sections 148 and 166(a)(5). 4. Conducting searches as authorized by this Rule, Court Security Personnel, to the extent reasonably practicable, shall conduct the searches with discretion and out of the general view of the public and other Court participants, including jurors. In exercising their discretion, Court Security Personnel may take into account such factors as the intrusiveness of the search, potential disruption of Court proceedings, officer safety and the security needs of the Court. 5. Notwithstanding any of the foregoing provisions, upon good cause shown, a Judge of the Court may order any method of search of persons or property deemed necessary on a case by case basis to secure the safety of the courthouse, Court personnel, litigants and the public. (Eff. 7/1/04; Renum. 7/1/18) B. Firearms Except as otherwise ordered or authorized by the Court, no person other than a person specifically charged with the security of the court building, or on-duty peace officers performing law enforcement duties within the scope of their employment, shall keep firearms or other weapons on their person while in the Court buildings. No person, including on-duty peace officers, shall possess any weapon in the courtroom when appearing in a civil, family law, or probate matter. (Eff. 7/1/04; Rev. 1/1/13; Renum. 7/1/18; Rev. 1/1/20; 7/1/21) C. Enforcement: Body-Worn Cameras Law enforcement personnel equipped with body-worn cameras who are working or conducting business at the Court shall not activate the recording function of the cameras inside any courthouse facilities pursuant to rule 1.150 of the California Rules of Court. In addition to the foregoing, if law enforcement personnel are present in the courthouse facility where juvenile matters are heard, said personnel must comply with the Welfare and Institutions Code Section 827 and the California Rules of Court, rule 5.552. (Eff. 7/1/18) RULE 1.3: COURT ATTIRE No person shall appear in court without a shirt, or barefoot, or wearing a tank top. Bailiffs of the Court are to remove any person violating this rule. This rule does not limit any judge from prescribing appropriate attire in the courtroom. (Eff. 7/1/04) RULE 1.4: SEXUAL HARASSMENT It is the policy of the Court to ensure that all persons are free from sexual harassment as that term is defined by law. Any person who perceives they are the victim of sexual harassment in the courthouse or any person who witnesses sexual harassment of another person should immediately notify the Court Executive Officer who may conduct an investigation. (Eff. 1/1/12; Rev. 7/1/21) RULE 1.5: CUSTODY OF EXHIBITS No exhibit or evidence on file with the clerk in any civil or criminal case shall be taken from the clerk’s office or courtroom. (Eff. 7/1/04; Renum. 1/1/12; Rev. 1/1/20) RULE 1.6: DEFINITIONS A. Clerk The word “Clerk” means the Clerk of the Court or any deputy clerk. B. Judicial Officer The words “Judicial Officer” mean any duly appointed or elected judge of the Court, any duly appointed commissioner, any judge or retired judge assigned by the Chairperson of the Judicial Council to serve as a Judge of the Court, and any attorney appointed by the Presiding Judge to serve as a temporary judge, while so serving. (Eff. 7/1/04; Renum. 1/1/12)
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.