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Rules 500 and 500.1: regular sessions of the Appellate Division on the fourth Monday of each month at 1:15 p.m. (the third Monday when the fourth falls on a holiday) and special sessions at the call of its Presiding Judge (500(A)); appeals placed on the calendar for a session when the last reply brief was filed, or the time for filing it expired, forty-five (45) or more days before it (500(B)); the briefing schedule mailed on the filing of the record, briefs under rules 8.882(e), 8.883, 8.927(c) and 8.928, and three (3) legible copies deposited with the Clerk (500(C)); motions under rule 8.808, a hearing held only if the Court determines one is needed (500(D)); ten (10) minutes of oral argument for each party, the appellate or moving party opening and closing (500(E)); the original trial Court file the record on all appellate matters in civil, misdemeanor and infraction cases (500(F)); petitions for writ of mandate or prohibition served on all real parties and respondents and filed with the proof of service, the court denying the petition, requesting opposition, or issuing an alternative writ, an order to show cause or a peremptory writ on at least 10 days' notice, an opposition within 5 calendar days (500(G)); an appellant in a misdemeanor or traffic infraction matter electing the official electronic recording as the record, the District Attorney's Office stipulating to it in all Traffic Court appeals until March 31, 2027 (500.1(A)); a judicial officer ordering the recording transmitted without being transcribed in a limited civil, misdemeanor or infraction case (500.1(B)); traffic infraction appeals on the recording without being transcribed (500.1(C)); and no transcripts of official electronic recordings, the recording transmitted for an indigent appellant, and the cost of a transcript borne by an appellant who is not indigent (500.1(D))
California > Fifth Appellate District > Merced County > Superior Court of California, County of Merced
RULE 500: APPELLATE DIVISION A. Sessions Regular sessions of the Appellate Division shall be held on the fourth Monday of each month at 1:15 p.m., unless that day falls on a holiday in which event the session shall be held on the third Monday of that month at 1:15 p.m. Special sessions shall be held at the call of the Presiding Judge of the Appellate Division. (Eff. 7/1/04; Rev. 1/1/09, 1/1/12; Renum. 7/1/18) B. Calendaring Unless otherwise ordered, all appeals in which the last reply brief was filed (or the time for filing the brief expired forty-five (45) or more days before the date of a regular Appellate Division session) will be placed on the calendar for that session by the Appellate Division Clerk. (Eff. 7/1/04; Rev. 1/1/09, 1/1/12, 1/1/13; Renum. 7/1/18) C. Briefs Immediately upon the filing of the record on appeal in the Appellate Division, the Clerk of the Appellate Division will promptly mail a notice to each appellate counsel or unrepresented party giving the dates of the briefing schedule. Briefs shall be prepared, served and filed as provided by rules 8.882(e), 8.883, 8.927(c) and 8.928 of the California Rules of Court. Counsel shall also deposit with the Clerk three (3) legible copies for the assistance of the appellate panel. Noncomplying briefs will be governed by rules 8.883(d) and 8.928(d) of the California Rules of Court. (Eff. 7/1/04; Rev. & Renum. 1/1/09; Rev. 1/1/12; 1/1/13; Renum. 7/1/18) D. Motions All motions shall comply with rule 8.808 of the California Rules of Court. Although a party may request a hearing on a motion, a hearing will be held only if the Court determines that one is needed. (Eff. 7/1/04; Renum. 1/1/09; Rev. 1/1/12, Renum. 7/1/18) E. Oral Argument Unless otherwise ordered, counsel for each party shall be allowed ten (10) minutes for oral argument, with the understanding that the Court may apportion or expand the time allowed for oral argument, if they choose to do so. The appellate or the moving party shall have the right to open and close. (Eff. 7/1/04; Renum. 1/1/09; Rev. 1/1/13; Renum. 7/1/18) F. Trial Court File Instead of Clerk’s Transcript This Court elects to use the original trial Court file as the record of the written documents from the trial Court proceedings on all appellate matters in civil, misdemeanor and infraction cases pursuant to rules 8.833(a), 8.863(a) and 8.914(a) of the California Rules of Court. This rule will govern unless the trial Court orders otherwise after notice to the parties. (Eff. 1/1/12; Renum. 7/1/18) G. Procedure for Writ of Mandate or Prohibition Proceedings This court adopts the writ procedure followed in the courts of appeal. When filing a petition for writ of mandate or prohibition with the appellate division of the superior court, the petitioner must serve a copy of the petition on all real parties and respondent(s). The petition must be filed with the proof of service. Once the petition and proof of service are filed, the court will respond by: i. Denying the petition. ii. Requesting the respondent to file a statement in opposition. iii. Issuing an alternative writ without first requesting an opposition be filed. The alternative writ directs the respondent to do what the writ petition seeks to compel or, in the alternative, to appear and show cause why they should not be compelled to do so. iv. Issuing an order to show cause, at a certain date and time, why the respondent should not do as requested. v. Issuing a peremptory writ, if at least 10 days’ notice of the application was given to the opposing party (See Code of Civil Proc. section 1088). A peremptory writ in the first instance will not issue until the opposing party has filed a formal opposition or has been given an opportunity to do so (See Code of Civil Proc. section 1107). Petitioner must give the opposing party at least 10 days’ notice of the petition for a peremptory writ. The opposing party must file an opposition within 5 calendar days of receipt of the notice (See Cal. Rules of Court, rules 8.487(a)(4) and 8.933(a)(4)). (Eff. 1/1/19; Rev. 7/1/21) RULE 500.1: ELECTRONIC RECORDING ON APPEAL A. Stipulation to Use Electronic Recording Pursuant to California Rules of Court, rule 8.915(a) and 8.917(c) and Merced Superior Court Local Rule 500.1(b) an appellant in a misdemeanor or traffic infraction matter may elect to proceed with a record of the oral proceeding through the use of the official electronic recording of the proceedings. The appellant need not attach a copy of the stipulation required under California Rule of Court, rule 8.917(c) to his/her notice of appellant election. The District Attorney’s Office stipulates to the use of the electronic recording as the official record in all Traffic Court appeals, until March 31, 2027. (Eff. 1/1/15; Renum. 7/1/18; Rev. 1/1/18, 7/1/19, 1/1/26) B. Use of Electronic Recording as Record Pursuant to California Rules of Court, rule 8.837(d)(6)(A), 8.869(d)(6)(A), or 8.916(d)(6)(A), a judicial officer may order that the original of an official electronic recording of the court proceedings, or a copy made by the court, be transmitted to the Appellate Division as the record of oral proceedings in a limited civil, misdemeanor or infraction case without being transcribed and in lieu of correcting appellant’s proposed statement on appeal. Such order may be made when the judicial officer determines that this procedure would save court time and resources. (Eff. 1/1/15; Rev. 1/1/18; Renum. 7/1/18) C. Use of Electronic Recording in Traffic Infraction Appeals Pursuant to California Rules of Court, rule 8.917, the original of an official electronic recording of the trial court proceedings, or a copy made by the court, may be transmitted to the Appellate Division as the record of oral proceedings in traffic infraction cases without being transcribed. (Eff. 1/1/15; Rev. 1/1/18; Renum. 7/1/18) D. Request for Transcripts from Official Electronic Recordings Due to limited court resources, transcripts of official electronic recordings will not be provided. Accordingly, if an appellant or requesting party is deemed indigent by the court and has requested a transcript be provided at no cost, the original of an official electronic recording of the trial court proceedings, or a copy made by the court, shall be transmitted as a true and complete record of the proceedings without being transcribed. (Cal. Rules of Court, rules 8.830(b); 8.910(a)(2)(C), and 8.917(b). If appellant or requesting party is not deemed indigent and elects to proceed with a transcript of the oral proceedings instead of a settled statement, the cost and burden to prepare the transcript is borne by the appellant or requesting party. (Eff. 1/1/18; Renum. 7/1/18)
RULE 500: APPELLATE DIVISION A. Sessions Regular sessions of the Appellate Division shall be held on the fourth Monday of each month at 1:15 p.m., unless that day falls on a holiday in which event the session shall be held on the third Monday of that month at 1:15 p.m. Special sessions shall be held at the call of the Presiding Judge of the Appellate Division. (Eff. 7/1/04; Rev. 1/1/09, 1/1/12; Re
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 95 to 97, page marks 95 to 97) 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.
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.