Loading…
Standing Order 2022-06 (effective September 20, 2022; a revision of Standing Order 2021-08), procedures for traffic matters: any clerk acting on a case updating the Department of Motor Vehicle Docket; the Clerk waiving the mandatory appearance on VC 40616 cases and accepting proof of correction with the $25.00 fee - correctable citations, tinted windows (VC § 26708(a)(1)), no proof of insurance, a valid license or registration - VC § 24004 and VC § 24002(a) not correctable; traffic school always granted if eligible, judicial approval for more than three (3) infractions or one (1) misdemeanor in the last two years, two eligible violations on one case, out-of-state driver licenses, no conversion to community service, and requests up to six months after bail is forfeited; one 30-day extension and one 45-day traffic school extension; payment plans; no not guilty plea on a misdemeanor citation by mail or over the counter; bail for a trial by declaration placed in Trust; one switch of proceedings (Court Trial to Trial by Declaration or back); owner's responsibility (CHP Form 279); community service for minors, who appear on the 1st Thursday of each month at 1:30 p.m.; motions, including a “Motion to Set Aside Civil Assessment”, calendared in the Traffic Department at least one week out and not accepted as a walk-in; court trials and trials by declaration where the citing officer has retired or transferred (Local Form #MSC-TF-020 to the District Attorney's Office in accident cases); copies of minute orders at $0.50 cents per page; and no court reporter in a traffic matter without a Judicial Officer's approval (Code of Civil Procedure § 269(a)(3)), an electronic recording being available.
California > Fifth Appellate District > Merced County > Superior Court of California, County of Merced
SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED 627 W. 21st Street Merced, CA 95340 STANDING ORDER - AMENDMENT 2022-06 EFFECTIVE SEPTEMBER 20, 2022 Standing Order 2022-06 is a revision of Standing Order 2021-08 dated November 5, 2021 and shall replace said standing order. 1. Clerks’ Responsibilities: Any Clerk that performs any action on a case is responsible for updating the case including, the Department of Motor Vehicle Docket (DMV). 2. Mandatory Appearance – VC § 40616: The Clerk has authority to waive the mandatory appearance on Vehicle Code (VC) 40616 cases and accept proof of correction including the $25.00 fee or, for cases without the proof of correction, the Clerk must accept the total bail due. 3. Proof of Correction: a. If a citation is issued as correctable, the Court will accept the signed off citation, along with the $25.00 proof of correction fee, and dismiss the charge. b. If a citation is issued for tinted windows, VC § 26708(a)(1), the Court will accept the signed off citation along with the $25.00 proof of correction fee if the citation is marked correctable. c. If a citation is issued for tinted windows, VC § 26708(a)(1) and VC § 24004 1, Unlawful Operation after Notice of Unsafe Condition by Officer, the Court will accept proof of correction on the VC § 26708(a)(1) and the $25.00 proof of correction fee. However, VC § 24004 is not correctable and is considered a moving violation with one point. The defendant may pay the bail and attend traffic school, if eligible, or pay the bail. d. If a citation is issued for VC § 24002(a), Vehicle Not Equipped or Unsafe, and the officer has listed tinted windows as the offense, the Court will not accept proof of correction. The defendant may pay the bail and attend traffic school, if eligible, or pay the bail as this is also considered a moving violation with one point. 1 Note: An officer may use this section when citing a repeat offender for any correctible offense. e. When a citation is issued for no proof of insurance, charge of VC § 16028(A), if defendant brings or submits valid insurance showing valid coverage on or before the citation date, the Clerk may accept with $25.00 proof of correction fee. Defendants may take care of this matter without an appearance in court. This can be handled over the counter and/or through the mail. f. When a citation is issued for VC § 12500(A), if defendant provides proof that their license was valid at the time of the citation, or if defendant shows proof that they obtained their license after the citation date, the charge may be dismissed with a $25.00 proof of correction fee. Payment in full is accepted over the counter. g. When a citation is issued for VC § 4000(a), if defendant provides proof that their registration was valid at the time of the citation, or if defendant shows proof that they obtained their registration after the citation date, the charge may be dismissed with a $25.00 proof of correction fee. Payment in full is accepted over the counter. 4. Traffic School: a. The Clerk is to always grant traffic school, if eligible. b. Traffic school cannot be granted by a Clerk for defendants with more than three (3) infractions or one (1) misdemeanor on their driving record in the last two years, including traffic school dismissals. Traffic School would require judicial approval, either by personal appearance or by letter. If a defendant has a misdemeanor on their driving record that is over two years old, if eligible, traffic school may be granted. c. Requests for traffic school on a case with two traffic school eligible violations may be handled by the Clerk, either by personal appearance at the counter or through the mail. The Clerk has the authority to grant traffic school on both violations, provided the defendant is eligible. The Clerk shall charge the defendant the higher of the two fines plus the Court Security Assessment Fee, Criminal Conviction Assessment Fee, and the Emergency Maddy Assessment Transportation Fee on each violation including the traffic school fees. Upon receipt of fines, fees and certificate of completion, both violations will be dismissed with traffic school. d. Out-of-State Driver License: Upon request and if otherwise eligible, a defendant with an out-of-state driver license shall be granted traffic school. e. Community Service: VC § 42007 states bail associated with the citation, upon a Court’s order to grant Traffic School, shall become a fee. Therefore, the fee in a case resulting in Traffic School cannot be converted to Community Service. f. Request after Case is Forfeited and Paid in Full: Traffic School requests may be approved if eligible up to six months after the defendant forfeited bail and paid in full. If the time exceeds six months, the defendant is required to appear in court or send a letter if travel time is more than an hour away. 5. Extensions: a. General: A Clerk shall have the authority to grant one 30-day extension without judicial approval. Requests for extensions beyond 30 days shall require judicial approval. b. Traffic School: A Clerk shall have the authority to grant one 45-day extension on all Traffic School cases whether or not a court appearance was made. Request for extensions beyond 45-days shall require judicial approval. 6. Payment Plan: The Clerk has authority to set defendants up on a payment plan utilizing Plea by Mail instructions and forms through the mail or over the counter utilizing a Minute Order and plea form. 7. Not Guilty Plea: A defendant may not enter a plea of not guilty on a misdemeanor citation through the mail or over the counter. The defendant must appear in court. 8. Post Bail Prior to Setting a Trial by Declaration: If a defendant enters a plea of not guilty and requests a Trial by Declaration, payment of bail may be submitted at the time the declaration is submitted. Otherwise, the Court will notify the defendant of the date their payment is due. When a defendant posts bail for a trial by declaration, the money is placed in Trust. 9. Switch of Proceedings: A defendant may request a switch of proceedings from Court Trial to Trial by Declaration or Trial by Declaration to Court Trial one (1) time. Any additional changes must be submitted in writing and will require judicial approval. 10. Request for Owner's Responsibility – CHP Form 279: The Clerk has authority to accept and change case to an owner's responsibility. 11. Community Service – Juvenile Matters: Upon request of the minor, or as ordered by the Court, the minor may be granted community service. The minor must appear in court as scheduled (1st Thursday of each month at 1:30 p.m.). Fines are converted as required by Penal Code section 1209.5(c)(1) at an hourly rate of double the minimum wage established in Labor Code section 1182.12(b)(2). The Clerk’s office is authorized to accept the completion of community service over the counter and vacate the future hearing date as long as no other matters are pending on the case. A minor charged with Health & Safety Code § 11357(b) must appear in court as scheduled to present proof of completion of community service. 12. Motions: Any motion, including a “Motion to Set Aside Civil Assessment” shall be accepted and calendared directly in the Traffic Department. Motions shall be placed on an arraignment calendar at least one week from the date received (cannot be accepted as a walk-in). 13. Court Trials for Retired/Unemployed/Transferred Officers: Upon receipt or notification of an Officer's retirement or separation, the Clerk shall immediately inform the Traffic Supervisor. The Traffic Supervisor will contact the citing agency and obtain a written declaration confirming the retirement of the officer and his/her unavailability for Court Trial. If the officer has transferred to another agency, the Clerk shall obtain the officer’s new business address and update the case record. Upon receipt of the written declaration, copies shall be distributed to the Court Trial desk, Supervisor, and Lead Clerk. In Traffic cases involving accidents only, Local Form #MSC-TF-020 (a copy of which is attached as Attachment A) shall be sent to the District Attorney’s Office informing them that the matter is scheduled for Court Trial. A copy of the written declaration and the letter sent to the District Attorney’s Office shall be scanned in to the court’s case management system. The case will remain on calendar for the scheduled Court Trial. 14. Trial by Declaration (TXD) for Retired/Unemployed/Transferred Officers: Upon receipt or notification of an Officer's retirement or separation, the Clerk shall immediately inform the Traffic Supervisor. The Traffic Supervisor will contact the citing agency and obtain a written declaration confirming the retirement of the officer and his/her unavailability. If the officer has transferred to another agency, the Clerk shall obtain the officer’s new business address and update the case record. Upon receipt of the written declaration, copies shall be distributed to the TXD desk, Supervisor, and Lead Clerk. 15. Requests for Copies of Minute Orders: Requests for copies of minute orders should be handled by the Clerk that receives the request. The requesting party is to be charged for the copies appropriately. The current copy charge is $0.50 cents per page. 16. Requests for Court Reporter: The Clerk shall inform a party requesting a Court Reporter for any proceeding in a Traffic matter that the court is not required by law to provide a Court Reporter. In lieu of a Court Reporter, an electronic recording system is available for certain hearing types as specified by this court. A defendant who insists on the presence of a Court Reporter in any Traffic matter shall be informed that approval from a Judicial Officer is necessary (per Code of Civil Procedure § 269(a)(3)). Otherwise, a copy of the recorded procedure can be purchased by the party. MARK V. BACCIARINI PRESIDING JUDGE OF THE SUPERIOR COURT Attachment A: Local Form #MSC-TF-020, Letter to District Attorney
SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED 627 W. 21st Street Merced, CA 95340 STANDING ORDER - AMENDMENT 2022-06 EFFECTIVE SEPTEMBER 20, 2022 Standing Order 2022-06 is a revision of Standing Order 2021-08 dated November 5, 2021 and shall replace said standing order. 1. Clerks’ Responsibilities: Any Clerk that performs any action on a case is responsible for updating the case including, the Dep
Reviewer note: Transcribed 2026-10-15 (California T4 Merced build 2026-10-15) by eye from BenchPath custody ca/t4/ca-merced/docs/general/standing-order-07072026.pdf (11638206 bytes, sha256 3a64db27e5391b6e9054feb5caef786433c02e5204366a95c135937e05e1630f; the compilation “ACTIVE STANDING ORDERS 2006 to Present”, linked as “All Current Standing Orders”; 70 pages - 36 covered by scanned page images (each with a machine reading laid with it - not a card's source), 34 born-digital (one font of the juvenile competency protocol's pages draws its characters shifted)); this order the compilation's pages 38 to 42, born-digital pages: read on the page images rendered at 200 dpi (vision/img/so-p38.png to so-p42.png), transcribed with the compilation's pages 31 to 44 and checked against a RapidOCR reading of the images (at 200 dpi) and the file's own text layer for the same pages, never published: of the transcription's 2941 words, 75 6-word windows were not found in a reading, in 20 spans - 20 spans split into consecutive pieces each found (a page break, a letterhead or signature block the readings interleave, or the readings' line order) (vision/check-log.txt; evidence/vision-check-2026-10-15.log, evidence/vision-explain-2026-10-15.log). Not part of the text: the compilation's page stamps (“N of 70”) and, where printed, the court's seal, the letterhead's upper-right block, the signature, the running footers and the order's distribution list (cc:), never content (taken out by build/normalize_transcripts.py; the transcriber's file is kept in custody). The transcription's closing note, which describes the pages, is not published. Review note: Rule 17 (carded), effective January 1, 2024, restates most of the order's clerk procedures; the order adds the owner's responsibility (CHP Form 279), the procedures for retired or transferred officers, the copy charge and the court reporter advisement. Its item 12 places motions on an arraignment calendar “at least one week from the date received (cannot be accepted as a walk-in)”, as Rule 17(L) does. Local Form #MSC-TF-020, the letter to the District Attorney the order attaches (the compilation's page 43), is a form - not transcribed.
Standing order of the 109th Judicial District Court for every pending or later-filed case in Andrews, Winkler and Crane Counties: any attorney or self-represented litigant who uses any form of artificial intelligence for legal research or drafting in a case must, before using AI-generated information in a court submission or proceeding, sign and submit the court's certification form stating that all language, quotations, sources, citations, arguments and legal analysis created or contributed to by generative AI were verified as accurate by a human through traditional (non-AI) legal sources, and acknowledging responsibility and potential sanctions for their or their co-counsel's failure to comply. Effective immediately; in effect until rescinded or replaced.
Standing order of the 109th Judicial District Court for every pending or later-filed case in Andrews, Winkler and Crane Counties: any attorney or self-represented litigant who uses any form of artificial intelligence for legal research or drafting in a case must, before using AI-generated information in a court submission or proceeding, sign and submit the court's certification form stating that all language, quotations, sources, citations, arguments and legal analysis created or contributed to by generative AI were verified as accurate by a human through traditional (non-AI) legal sources, and acknowledging responsibility and potential sanctions for their or their co-counsel's failure to comply. Effective immediately; in effect until rescinded or replaced.