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Rules 2 to 2.6: papers necessary to a hearing in default cases, probate matters, adoptions, compromise claims of minors and the other matters listed filed on the third court day preceding the hearing, no hearing set in a default or uncontested matter until all requisite pleadings and documents are filed, signed orders filed immediately in the clerk's office, fee waivers under California Rules of Court, rules 3.50-3.58, mandatory electronic filing in limited, unlimited, and complex civil actions and in non-DCSS family law and probate matters (self-represented parties exempt), e-filing available for subsequent filings in criminal matters, an approved electronic filing service provider, documents subject to mandatory electronic filing filed prior to midnight deemed filed that day but filed by 5 p.m. when same day service is required, signatures under rule 2.257, fee waiver applications filed electronically, the original documents that may not be filed electronically (civil bench warrants, subpoenaed documents, bonds, undertakings and original wills/codicils), sealed documents filed conventionally, and the filer responsible for redacting personal identifiers (2); photographing and recording strictly prohibited in any court or court related facility absent written order from the Presiding Judge, recording equipment and electronic devices in the courtroom only with advanced permission of the Judge, no camera operators blocking corridors, no cell phone cameras copying court documents in the Clerk's offices, ceremonial events excepted, and media requests under California Rules of Court, Rule 1.150, the clerk noticing the attorneys of record by e-mail (2.1); one remote appearance platform, Zoom, at no cost, remote appearances in contested hearings by video, no recording or re-broadcasting, remote access credentials not disclosed, in non-criminal proceedings (civil, small claims, family law, probate, juvenile justice and juvenile dependency) notice under California Rule of Court 3.672 and Civil Code of Procedure section 367.75, an in-person appearance presumed unless a remote appearance is requested, no remote appearance where the tentative ruling or probate notes require a personal appearance, trials or evidentiary hearings conducted remotely on a judicial officer's own motion, arrangements for Courtroom 7 and 13 made before the hearing, no party required to appear remotely in a juvenile dependency matter and a witness appearing remotely only with the consent of all parties, remote appearances in criminal proceedings (traffic, misdemeanor and felony) for good cause only, requested from the clerk's office at least two (2) business days in advance, and juvenile justice proceedings in person unless permitted, a minor appearing remotely on expressly waiving the right to be physically present, with notice at least two (2) business days in advance and the approval of the presiding judge of the juvenile court (2.2); a written statement before bringing toxic, hazardous or potentially hazardous materials into the courtroom, the Clerk storing such evidence pending the final determination of the action (Penal Code Section 1417.1), and no firearm handled in the courtroom unless checked by the bailiff with a gunlock attached (2.3); the domestic violence protocol under Penal Code 136.2 and California Rule of Court 5.445 - the Criminal Court inquiring about the children and other orders, a copy of the Criminal Protective Order to the victim, modification requested on local form MSC-CR-030 Request for Hearing on Protective Order Modification served at least five (5) days before the hearing, the Family, Juvenile, and Probate Courts reviewing court records for existing orders before issuing permanent CLETS Civil Restraining Orders, and specific language for the safe exchange of the children (2.4); no technical assistance from the court for electronic exhibits, static digital images submitted in both electronic and printed format, the presenting party's own equipment, local form #MSC-AD-011, Court Audio-Video Equipment Request Form two (2) court days before, and the court authorized electronic evidence formats (2.5); and the Court's public portal searched for case numbers, no retrieval fee for files viewed at the courthouse, and search fees after 10 minutes per day requested on Local Form Record/Search/Copy Requests MSC-RR-001 (2.6)
RULE 2: FILING PROCEDURES Time of Filing Papers All papers necessary to hearing in default cases (including default dissolutions), return of service on orders to show cause (except wherein the Court has by order shortened the time of service), probate matters, adoptions, compromise claims of minors, including proof of notice, posting affidavits of publication, agreements in dissolution actions, et
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 24 to 37, page marks 24 to 37) 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 2.2 supersedes “all other rules or directives promulgated by the court regarding remote appearances, including telephonic appearances” and names one platform, Zoom; the book's Summary of Changes records CourtCall's removal from the rule. The Alternative Dispute Resolution (ADR) page (carded) still sends telephone appearances at case management conferences to CourtCall, and the Traffic - Remote Appearance page (carded) lets traffic infraction defendants schedule remote appearances the court day before, where the rule allows remote appearances in criminal proceedings, traffic included, “for good cause only on a case-by-case basis” - review tasks on those cards. Rules 2.1 and 3.6 refer to “sub-division B” of Rule 2.1; the rule prints its parts under unlettered headings (Ceremonial Events; Media Requests to Photograph, Record, or Broadcast). Rule 2.1's photography rule sits beside the General Order of the Presiding Judge in re: Photography, Filming, Recording, and Broadcasting and Standing Orders 2016-04 and 2020-02 (each carded).
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 2: FILING PROCEDURES Time of Filing Papers All papers necessary to hearing in default cases (including default dissolutions), return of service on orders to show cause (except wherein the Court has by order shortened the time of service), probate matters, adoptions, compromise claims of minors, including proof of notice, posting affidavits of publication, agreements in dissolution actions, etc., shall be filed on the third court day preceding the date set for hearing. (Eff. 7/1/04; Rev. 1/1/13) Completion of File in Default and Uncontested Matters No hearing will be set in a default or uncontested matter until all requisite pleadings and documents have been filed and the Clerk has entered the default, unless it is a matter requiring Court entry of default, in which case the return of service must be filed before the request for hearing. (Eff. 7/1/04; Renum. 1/1/13) Filing of Orders All orders signed by a Judge must be filed immediately in the clerk’s office. An unfiled, signed order shall not be taken from the courthouse. (Eff. 7/1/04; Renum. 1/1/13, 1/1/20) Waiver of Fees and Court Procedure All parties should refer to California Rules of Court, rules 3.50-3.58. (7/1/04; Rev. 1/1/09, 1/1/13; Renum. 7/1/18) Electronic Filing 1. Mandatory Electronic Filing Parties must file documents electronically in limited, unlimited, and complex civil actions and in non-DCSS family law and probate matters in accordance with Code of Civil Procedure section 1010.6 and California Rules of Court, rules 2.250-2.559, unless parties are excused from doing so by the Court. Self-represented parties are exempt from mandatory electronic filing and service requirements. A document that is filed electronically shall have the same legal effect as an original paper document. (Eff. 7/1/15; Rev. 1/1/16; Renum 7/1/18; Rev. & Renum. 1/1/19) 2. Permissive Electronic Filings E-filing is available for subsequent filings in criminal matters. Initial Criminal filings are not yet accepted through e-filing. Attorney and self-represented parties may e-file as available, including petitions pursuant to Family Code section 6307 and Penal Code section 18122. (Eff. 7/1/22; Rev. 1/1/26) 3. Electronic Filing Service Providers The electronic filing of documents requires the use of an approved electronic service provider. Approved electronic filing service providers are listed on the court’s website at www.merced.courts.ca.gov. (Eff. 7/1/15; Rev. 1/1/16; Renum 7/1/18, 1/1/19) 4. Effective Filing Dates No document transmitted electronically is deemed filed unless it is accepted for filing by the clerk. Electronically filed documents subject to the mandatory electronic filing requirements filed prior to midnight will be deemed filed as of that day pursuant to Code of Civil Procedure section 1010.6, subdivision (d)(1)(D). However, if same day service of a document is required, the document shall be electronically filed by 5 p.m. on the court day that the filing is due. For purposes of this rule, a document is deemed filed on the date and at the time it is received by the court and a confirmation of receipt is created in accordance with California Rules of Court, rule 2.259(a)(1). Nothing in this section shall limit the clerk’s authority to reject filings. The court will issue a confirmation that the document has been received and filed in accordance with California Rules of Court, rule 2.259. The confirmation shall serve as proof that the document has been filed. (Eff. 7/1/15; Rev. 1/1/16; Rev. & Renum 1/1/19 Renum 7/1/18) 5. Signature Requirement If a document does not require a signature under penalty of perjury, the document is deemed signed by the party if the document is filed electronically. For a document to be filed electronically that provides for a signature under penalty of perjury or a document requiring signatures of opposing parties, see California Rules of Court, rule 2.257. (Eff. 7/1/15; Renum 7/1/18, 1/1/19) 6. Waiver of Fees The court permits a party or attorney to electronically file an application for waiver of court fees and costs in any proceeding in which the court accepts electronic filings. The court shall consider and determine the application in accordance with Government Code sections 68630 to 68641 and California Rules of Court, rules 3.50-3.58. The party or attorney is not required to submit any documentation other than that set forth in sections 68630 to 68641. Nothing in this paragraph shall require the court to waive a filing fee that is not otherwise waivable. If a party with a fee waiver files documents electronically, that party is exempt from the fees and costs associated with electronic filing. (Eff. 7/1/15; Rev. 1/1/16; Renum 7/1/18, 1/1/19) 7. Limitations on Filings Notwithstanding any other provision of law or this rule certain original documents may not be filed electronically, including civil bench warrants, subpoenaed documents, bonds, undertakings, and original wills/codicils. Sealed documents must be filed and lodged conventionally. Any exhibit that cannot be accurately transmitted via electronic filing due to its size or type may not be electronically filed. (Eff. 7/1/15; Rev. 1/1/16; Renum. 7/1/18, 1/1/19) 8. Confidential Documents Except as provided in CRC 2.250-2.259 and 2.500-2.506, an electronically filed document is a public document at the time it is filed unless it is ordered sealed under CRC 2.551(b) or filed as a confidential document pursuant to law. (CRC 2.254(c)) The filer is responsible for redacting any personal identifiers, privileged or confidential information when applicable. The clerk will not review the documents for compliance. RULE 2.1: PHOTOGRAPHING, RECORDING, BROADCASTING AND OTHER ELECTRONIC DEVICES Any and all “photographing” and/or “recording” of people, things, conversations, or proceedings is strictly prohibited in any court or court related facility, including, but not limited to clerks’ offices, stairways, elevators, waiting areas, hallways, entrances, security screening stations, service areas, through windows, through doors, and with respect to any other accessible areas of court facilities, whether access was intended or not, absent written order from the Presiding Judge. Media requests for an exception to this restriction may be submitted in accordance with California Rules of Court Rule 1.150(e) and sub-division B of this section. The use of photographic, video or audio recording or transmission equipment in the courtroom is prohibited without advanced permission by the Judge assigned to the affected courtroom. This includes the use of laptops and/or electronic devices by counsel or any other member of the public. The use of laptops or other electronic devices will be regulated by each individual Judicial Officer. Violators are subject to contempt of Court (Cal. Rules of Court, rule 1.150) and/or confiscation of the device(s). Television cameras, video cameras and/or camera operators, still photographers, media reporters or any combination thereof shall not block corridors, block access to any courtroom or hearing room, block the ingress or egress to and from the courthouse, or block stairwells. The use of cell phone cameras, personal digital cameras or similar portable devices will not be permitted to photograph or copy court documents in the Clerk’s offices. This rule is not intended to restrict individual and attorney services from using photocopiers or scanners to copy court documents in the Clerk’s offices (by appointment only). (Eff. 1/1/12; Renum. 7/1/18; Rev. 1/1/13, 7/1/13, 1/1/22) Ceremonial Events Unless the Court orders otherwise, this rule does not prohibit photography or recording of ceremonial events held by the court, a governmental agency or bar association, mock trial competitions, weddings, adoptions or a lecture or training that is held in a courtroom when court is not in session. (Eff. 7/1/18) Media Requests to Photograph, Record, or Broadcast Requests for media coverage (photographing, recording or broadcasting of Court proceedings by the media using television, radio, photographic or recording equipment) in the courthouse or courtroom shall comply with the provisions of California Rules of Court, Rule 1.150. The clerk will notice to the attorneys of record by e-mail that a request has been filed. The Court may rule on the request at the hearing. The Court staff procedure for media requests is located on the Court’s website, on the Administrative Requests page under General Information found at www.merced.courts.ca.gov. 1. Television cameras, video cameras and/or camera operators, still photographers, media reporters or any combination thereof shall not block corridors, block access to any courtroom or hearing room, block the ingress or egress to and from the courthouse, or block stairwells. (Eff. 1/1/09; Rev. 1/1/10, 1/1/13; Renum. 1/1/12, 7/1/14, 7/1/18, 7/1/19; Rev. & Renum. 1/1/20) RULE 2.2: REMOTE APPEARANCES This Local Rule supersedes all other rules or directives promulgated by the court regarding remote appearances, including telephonic appearances. The court strongly encourages remote appearances in civil matters and may require remote appearances for specific hearings by its own motion. All courtrooms are equipped with audio visual technology to support remote appearances. The court has one remote appearance platform available: Zoom. The Zoom platform supports both video and audio capabilities. Appearances through Zoom are available at no cost. Remote appearances in contested hearings must be by video. Audio only appearances are not permitted for these hearing types. Any recording, reproduction, or re-broadcasting of a court proceeding held remotely, including screenshots or other visual or audio copying of a hearing, is prohibited. Participants appearing remotely will be provided the video access meeting link, the telephonic access information, or be added to the telephonic list, depending on the specific hearing type. The court may provide remote access information to the authorized participants by email, for those participants who have consented to email, or by telephone. Authorized participants are prohibited from disclosing the remote access credentials to any other person. Nothing in this rule limits the discretion of the judicial officer to elect to appear in-person in the courtroom or to elect to appear remotely in the courtroom. Remote Appearances in Non-Criminal Proceedings, excluding Juvenile Justice1: 1. This Local Rule is adopted pursuant to Civil Code of Procedure section 367.75 and California Rule of Court, rule 3.672. 2. Non-Criminal proceedings include all Civil, Small Claims, Family Law, Probate, Juvenile Justice2, and Juvenile Dependency matters. 1Juvenile Justice proceedings are designated as non-criminal pursuant to Welfare and Institutions Code section 203, however CRC 3.672 and CCP 367.75 expressly do not apply to juvenile justice hearings. 2 Juvenile Justice proceedings are designated as non-criminal pursuant to Welfare and Institutions Code section 203. 3. Parties requesting a remote appearance must provide notice to the court and all persons entitled to receive notice. The notice requirements including who must be noticed, the time deadlines for notice and required forms are set forth in California Rule of Court 3.672. 4. Remote Appearances in Civil, Small Claims, Family Law, and Probate. a. The court will presume that parties set for a hearing in these Non-Criminal proceedings will be appearing in person unless the person participating in the hearing requests, or notifies the Court of their intention, to appear remotely, or the Court has ordered a remote appearance on its own motion, by tentative ruling, probate notes, or by Local Rule. b. A remote appearance will not be permitted if the tentative ruling or probate notes posted for the hearing states that a personal appearance is required, or the court advises the person requesting to appear remotely that the judicial officer has determined that an in-person appearance is necessary to assist the determination of the hearing in question. c. Each judicial officer may, on their own motion, order that a trial or evidentiary hearing, at which witnesses will be sworn and testimony received, will be conducted remotely, unless an objecting party establishes that a remote appearance or testimony should not be allowed, or a party fails to consent to the witness's remote appearance. An expert witness may appear remotely absent a showing by an objecting party that there is good cause to compel in-person testimony. d. Even when a remote appearance is authorized and commences, the judicial officer may terminate a remote appearance and continue the matter so that an in-person appearance can occur if technology or audibility issues interfere with the judicial officer’s ability to make a determination required by the hearing, the in-person appearance is necessary to assist in the determination of the specific hearing, the court reporter’s ability to make an accurate record, counsel’s ability to provide effective representation, or an interpreter’s ability to provide language access. e. Remote appearances are permitted pursuant to Family Code section 6308 and Penal Code section 18123. f. Any evidence to be offered should be submitted to the appropriate clerk’s office in advance of the hearing. g. For parties appearing remotely in Courtroom 7 and 13: Remote appearance arrangements, including obtaining the zoom appearance link, must be made prior to the scheduled hearing time. 5. Remote Appearances in Juvenile Dependency Proceedings: a. All statutory confidentiality requirements applicable to Juvenile Dependency proceedings held in person apply equally to remote proceedings. b. Notwithstanding the rule regarding remote trials or evidentiary hearings in non-criminal matters, a judicial officer may not require a party to appear remotely in a Juvenile Dependency matter, and a witness, including a party providing testimony, may only appear remotely with the consent of all parties. c. Any proceeding may be conducted in whole or in part as a remote proceeding, and any person entitled to be present, not only a named party or person subject to discovery, may appear remotely absent an order granting a request by a party to compel the physical presence of a witness. d. Any person entitled to be present under rule 5.530(b) or authorized by court order, other than witnesses, may request to appear remotely using any means, oral or written, that is reasonably calculated to ensure receipt by the court no later than the time the case is called for hearing. e. Notwithstanding the other provisions of this Local Rule, California Rule of Court, or Code of Civil Procedure section 367.75, a party may ask the Court to appear remotely without notice or a timely request. The Court may permit the remote appearance upon a finding of good cause, unforeseen circumstances, or that allowing the remote appearance would promote access to justice. Remote Appearances in Criminal Proceedings: 1. Criminal proceedings include all Traffic, Misdemeanor, and Felony matters. 2. Remote appearances will be authorized for good cause only on a case-by-case basis. Requests to appear remotely are to be submitted to the clerk’s office at least two (2) business days in advance of the hearing, or as soon as circumstances necessitating the request are known to the requesting party. 3. Remote Appearances in Juvenile Justice Proceedings: a. All juvenile justice proceedings shall be set for in-person appearances unless otherwise permitted by this rule. b. All remote juvenile justice proceedings are subject to the provisions of Welfare & Institutions Code § 679.5 and the same statutory confidentiality requirements applicable to in-person proceedings. c. If a minor is physically present in the courtroom, defense counsel shall be physically present unless exceptional circumstances exist. d. Subject to the requisite notice and approval set forth below, a minor may appear remotely if, on the record, they expressly waive their right to be physically present. If a minor waives their right to be physically present and appears remotely, defense counsel may also appear remotely. e. Notice of a request to appear remotely and the reason for the requested exception must be submitted to the clerk’s office at least two (2) business days in advance of the hearing and are subject to approval by the presiding judge of the juvenile court. f. At any time during a remote proceeding, the court may determine that an in-person appearance is necessary and continue the matter for that purpose. (Eff. 7/1/17; Rev. & Renum. 7/1/18; Rev. 1/1/19; 7/1/20; 7/1/21; 1/1/22; 2/10/22; 7/1/22; 1/1/23; 1/1/25; 1/1/26; 7/1/26) RULE 2.3: TOXIC, HAZARDOUS MATERIALS, AND FIREARMS (Applies to All Civil and Criminal Cases) Prior to bringing any toxic, hazardous or potentially hazardous materials into the courtroom, counsel shall provide to the Court a written statement containing information as hereinafter set forth: 1. A list of the technical and street names of the said materials. 2. The types and sizes of the containers to be utilized for the materials. 3. The name of the person who will transport the materials into the courtroom. 4. Where the materials will be stored and the conditions, under which the materials will be stored, viewed, or handled. 5. The name of the person who will remove the materials. 6. An explanation as to why the material is hazardous or potentially hazardous and the remedies to be followed in the event of a spill, leak, or other accident. 7. An explanation as to why the introduction of the materials into evidence must be accomplished by their physical presence in the courtroom, rather than proof of their existence by any other method. Toxic, hazardous or potentially hazardous materials shall include, but not be limited to, all chemicals, pesticides, and explosives, other than ammunition. A comprehensive list of these materials is contained in the California Code of Regulations, Title 8, section 339(3), entitled The Hazardous Substance List. Any further information concerning the list of materials provided in the aforementioned California Code of Regulations or additional information concerning other hazardous materials may be obtained by contacting the Merced County Department of Environmental Health. All Evidence of this nature will remain the responsibility of the person bringing such into a courtroom. When such evidence is introduced, the Clerk will take possession and the responsibility for it and store them pending “final determination of the action.” Penal Code Section 1417.1 defines “final determination” as follows: 1. When no notice of appeal is filed, thirty (30) days after the last day of filing that notice. 2. When a notice of appeal is filed, thirty (30) days after the date the Clerk receives the remittitur affirming the judgment. 3. When an order for a rehearing, a new trial, or other proceeding is granted and the ordered proceedings have not been commenced within one (1) year thereafter, one (1) year after the date of that order. 4. In cases where the death penalty is imposed, thirty (30) days after the date of execution of sentence. Such exhibits must be retained by the submitting party/agency/Court until notice of final determination of the action, as defined above, or the submitting party/agency/Court has verified the fact. This rule does not, nor does it intend to, interfere with or be contrary to any existing statute or case law that governs the introduction of or the viewing of evidence. This rule is made for the protection of the public and all persons involved in the processes of the justice system of Merced County. No firearm shall be marked as an exhibit, introduced into evidence, or otherwise handled in the courtroom, unless it has been checked by the bailiff for safety and a gunlock has been attached to the trigger. (Eff. 7/1/04; Renum. 7/1/18; Rev. 1/1/13, 1/1/14, 7/1/21) RULE 2.4: DOMESTIC VIOLENCE PROTOCOL This rule is adopted in conformity with Penal Code 136.2 and California Rule of Court 5.445. (Eff. 1/1/09; Renum. 7/1/18) Definitions For purposes of this rule: 1. “Criminal Court protective order” means any Court order issued under California Penal Code § 136.2 arising from a complaint, information, or an indictment charging a crime of domestic violence as defined in California Penal Code § 13700. 2. “Court” means all divisions of the Superior Court of the County of Merced. 3. “Cases involving child custody and visitation” include family (dissolutions, legal separations, nullities, Domestic Violence Prevention Act, parentage, petition for custody and support, Title IV-D child support matters where custody or visitation is an issue, and any other Family Law matters related to custody or visitation is an issue and any other Family Law matters related to custody or visitation), juvenile and probate guardianship proceedings. 4. All references in the Protocol to Family Court include any division of the Superior Court, hearing matters involving child custody and visitation, including Juvenile Court and Probate Court. 5. “CLETS Civil Restraining Orders” include personal conduct, residence exclusion, stay away, and other orders issued under the Domestic Violence Prevention Act in the Family Code or Section 213.5 of the Welfare & Institutions Code. (Eff. 1/1/09; Renum. 7/1/18) Purpose This protocol is intended to set forth the procedures for communication between the Courts about the issuance of Criminal Court protective orders and Civil restraining orders including those orders involving child custody and visitation, where the same restrained person and protected person are involved in both orders. It is important to permit appropriate visitation between a Criminal defendant and their children pursuant to Civil Court orders, but at the same time provide for the safety of the victim or witness by ensuring that a Criminal Court protective order is not violated. Since there are large numbers of cases in the Criminal Courts that have related matters in the Family, Juvenile, and/or Probate Courts, it is vital that there be a process for communication between the divisions of the Court dealing with the same parties and families, and a process for the modification of orders to ensure consistency between various Court protective orders. (Eff. 1/1/09; Renum. 7/1/18; Rev. 7/1/21) Procedure in the Criminal Domestic Violence Court 1. Where the Restrained and Protected Persons have Children Together When the Criminal Court issues Criminal Protective Orders protecting Victim(s), the Criminal Court shall inquire of the defendant (restrained person) whether there are any children of the relationship between the defendant and the victim (protected person), and whether there are any Court orders for custody/visitation of those children. If there are children, the Criminal Court shall consider whether peaceful contact should be allowed for purposes of visitation of the defendant with the children. The Criminal Court shall also inquire as to whether there are any other protective/restraining orders involving the defendant and the victim. Subject to available resources, including the Court’s Domestic Violence Program, the Court shall examine available data bases for existing protective or restraining orders, before issuing permanent orders. (Eff. 1/1/09; Renum. 7/1/18) 2. When the Protected Persons Include Minor Children of the Restrained Person When the Criminal Court issues “No Contact” and/or “Stay Away” orders from the minor children of the defendant, the Criminal Court shall notify the defendant of their rights to seek a modification, and of the necessity of returning to the Criminal Court to modify the Criminal Court protective order. (Eff. 1/1/09; Renum. 7/1/18; Rev. 7/1/14, 7/1/21) 3. When the Victim is Present in the Criminal Court If the victim is present in Criminal Court when the Criminal Protective Order is issued, the Court shall provide the victim with a copy of the Criminal Protective Order. If the victim is not present in Court, the Court will provide a copy to the District Attorney. The District Attorney shall send a copy to the victim at their last known address. (Eff. 1/1/09; Rev. 1/1/13; Renum. 7/1/18) 4. Modification of Criminal Protective Orders in Criminal Court Because Criminal protective orders supersede Civil protective orders, to the extent they are inconsistent, it is important that the modification process be easily accessible. Merced Superior Court has created local form MSC-CR-030 Request for Hearing on Protective Order Modification for this purpose. The form is available at www.merced.courts.ca.gov. a. The District Attorney’s Office may, at any time, place the issue before the Court at the request of a protected person or the Family, Juvenile, or Probate Court. b. The Probation Department may place the issue before the Court at the request of a defendant, protected person, or the Family, Juvenile, or Probate Court. c. The defendant or their counsel may place the issue before the Court. d. The protected person or attorney for the protected person may request a hearing for modification of a protective order. e. The Family Law judicial officer may recommend a modification by directing an attorney or party to complete the request form, attach a copy of a Minute Order reflecting the judicial officer’s recommendation, and file the request with the Criminal Court. f. Upon a proper request pursuant to this protocol, the Court may place the matter on calendar. The Court, in its discretion, may prepare a Standing Order for this purpose. g. Copies of any applicable CLETS Civil restraining orders and custody and visitation orders shall be attached to the Request for Hearing on Protective Order Modification. The request shall have the case numbers of the Criminal Court case as well as any Family, Juvenile, or Probate cases involving the defendant and the protected person on it. Copies of the request shall be placed in all applicable Court files. The requesting party will be responsible for service on all appropriate parties and agencies, including the District Attorney’s Office, the Probation Department (if the defendant is on formal probation), defense counsel, the defendant, and/or the protected person at least five (5) days before the hearing. If the requesting party is not the protected person, the District Attorney’s office shall send a copy of the request to the protected person at their last known address. The Sheriff’s Office shall include service of these documents with their current process for Civil restraining order service. (Eff. 1/1/09; 1/1/16; Renum. 7/1/18; Rev. 1/1/13, 7/1/21) Procedure After the Criminal Court Hearing on Modification After the hearing on Modification of the Protective Order, the Criminal Court shall send a copy of the modified protective order or order denying request to modify Criminal protective order (or Minute Order) to the applicable Family, Juvenile, and/or Probate Court for inclusion in its files. If the requesting party is not the protected person, the District Attorney shall send a copy of the modified Criminal Protective Order, or the order denying the request to modify Criminal protective order (or Minute Order) to the protected person at their last known address. (Eff. 1/1/09; Renum. 7/1/18; Rev. 7/1/21) Procedure in Family, Juvenile, and Probate Courts 1. Criminal Record Information to Be Made Available to the Civil Courts Subject to available resources, the Family, Juvenile, and Probate Courts or their designee(s) shall review court records for existing restraining/protective orders involving the same restrained and protected parties before issuing permanent CLETS Civil Restraining Orders. (Eff. 1/1/09; Renum. 7/1/18) 2. Provisions for Safe Access to Children Any order of the Family, Juvenile, or Probate Court that permits contact between a restrained person subject to CLETS restraining orders and their children shall contain specific language setting forth the schedule for such contact and the safe exchange of the children. Such an order shall not contain language that conflicts with a Criminal Protective Order that provides for no contact with, or limits access to, the other parent. (Eff. 1/1/09; Renum. 7/1/18; Rev. 7/1/21) Communication Between the Courts and Related Agencies 1. Subject to available resources, any Court issuing protective/restraining orders must make reasonable inquiries to determine the existence of other protective/restraining orders involving children of the protected and restrained parties. 2. Any division of the Superior Court may provide copies of Criminal Protective Orders, CLETS Civil Restraining Orders, Court Minutes, and applicable custody and visitation orders to other divisions of the Court. (Eff. 1/1/09; Renum. 7/1/18) RULE 2.5: UNIFORM INSTRUCTIONS FOR PRESENTATION OF ELECTRONIC EXHIBITS The Merced Superior Court will not provide technical assistance for the prosecution or defense in the presentation, playback, review, or submission of electronic exhibits and/or electronic evidence at any hearing, court trial or jury trial. Electronic exhibits include, but are not limited to VHS videotapes, DVDs, Power Point presentations, audio tapes and digital images. Electronic Exhibits Presented in Court Electronic exhibits presented in court shall conform to the following standards: 1. Electronic exhibits presented as evidence shall contain only the content that is to be viewed and heard by the judge and jury. 2. In an effort to protect both the prosecution and defense, the court will not provide an IT staff member to playback and/or review electronic exhibits. 3. Static digital images, such as photographs and Power Point style presentations, must be submitted in both electronic and printed format. Other types of media must be submitted in a format compatible with those authorized by the Court. See sub-section B for a list of compatible formats. 4. Any equipment required to view and/or listen to electronic exhibits including laptops, projectors, and DVD/CD players is the responsibility of the party who presents the evidence. Some audio-video presentation equipment may be available through the Court upon request, provided the court receives local form #MSC-AD-011, Court Audio-Video Equipment Request Form two (2) court days prior to the scheduled court date and time. The form and a list of available audio-video equipment is on the Court website. Court Authorized Electronic Evidence Formats 1. Cassette Tapes a. Standard audio cassette tape. 2. CD-ROM/CD-R/CD-RW: a. Music CD; b. Video CD format; c. MP3 audio tracks and JPEG image files of format conforming to ISO 9660 Level 1/Level 2, or its extended format, Joliet; d. KODAK Picture CD format; e. .av format packaged with appropriate Insight AV Player files. 3. DVD-ROM/DVD+RW/DVD+R/DVD-RW/DVD-R: a. MP3 audio tracks and JPEG image files of format conforming to ISO 9660 Level 1/Level 2, or its extended format, Joliet; b. S8 cm DVD+RW, DVD-RW, and DVD-R recorded with a DVD Video camera; c. .av format packaged with appropriate Insight AV Player files. d. The following formats are not acceptable: (1) Formats not listed above; (2) PHOTO CD format; (3) Data part of CD-Extras; (4) DVD Audios; (5) HD layer on Super Audio CDs; (6) DVD-RAMs; (7) DVD VIDEO’s with a different region code; (8) A disc recorded in a color system other than NTSC; (9) A non-standard shaped disc (e.g. card, heart). 4. Documents: a. PDF-A; b. Microsoft Office compatible format. 5. Images: a. JPEG; b. GIF; c. PNG; d. TIFF. (Eff. 1/1/2010; Rev. 1/1/19) RULE 2.6: COURT FILE RETRIEVALS AND VIEWING Public Index Research All attorneys, parties, proprietary records research vendors and members of the public shall search the Court’s public portal for case numbers and or case names of files they wish to review. Court Files Located at the Courthouse There is no retrieval fee for files viewed at the courthouse; however, search fees may be applicable. Attorneys, parties, proprietary records research vendors and members of the public may request clerks to search the case management system for cases up to 10 minutes per day. Search fees will apply for assistance of more than 10 minutes per day and may be requested by submitting Local Form Record/Search/Copy Requests MSC-RR- 001.
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.