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Chapter 15 (Superior Court Writs and Petitions for Review; Rules 15.1 to 15.6): petitions for writ of habeas corpus by petitioners in state custody, filed and decided in the Salinas courthouse by a single designated judge (Rule 15.1); felony writs addressed to the presiding judge (Rule 15.2); administrative writs under Code of Civil Procedure section 1094.5 - the administrative record lodged in electronic format only no less than 30 days before the hearing, its sections and file names, a joint appendix where the record exceeds 2,000 pages, and briefing (Rule 15.3); traditional writs of mandamus under section 1085 (Rule 15.5); and briefing schedules - the opening memorandum at least 45, the opposition 25 and the reply 15 calendar days before the hearing - and limits of 7,500 words (5,000 for a reply) with a word-count certification (Rule 15.6); Rule 15.4 is reserved.
California > Sixth Appellate District > Monterey County > Superior Court of California, County of Monterey
CHAPTER 15 SUPERIOR COURT WRITS AND PETITIONS FOR REVIEW 15.1 HABEAS CORPUS This rule applies only to petitioners currently in state custody (actual or constructive) as a result of a criminal prosecution or conviction. All petitions for writ of habeas corpus must comply with the California Rules of Court, rule 4.550 et seq. and Penal Code section 1473 et seq. A petition for writ of habeas corpus is filed and decided in the Salinas courthouse. The presiding judge shall designate a single superior court judge to consider all petitions. A party seeking court review shall address the petition to the designated habeas judge. A party seeking to set a habeas matter on calendar shall address the request to the designated habeas judge. The court shall assign unique case numbers to all petitions for writs of habeas corpus. (Rule 15.01 previously adopted October 1, 1998; Repealed January 1, 2009; New rule 15.01 adopted January 1, 2009; Amended July 1, 2014; Amended July 1, 2017) 15.2 FELONY WRITS All judicial officers of the superior court have jurisdiction to consider a petition for writ of mandate or prohibition in any felony matter still pending before the magistrate. (Magallan v. Monterey County Superior Court (2011) 192 Cal.App.4th 1444.) The filing party shall address the petition to the presiding judge. The presiding judge shall designate one or more superior court judges to consider the petition. (Rule 15.03 renumbered as 15.02, amended January 1, 2009; Amended July 1, 2014, Amended July 1, 2017) 15.3 ADMINISTRATIVE WRITS (Code of Civil Procedure section 1094.5) Administrative writ petitions filed under Code of Civil Procedure, section 1094.5 are reviewed by a superior court judge in the Civil Division. The party seeking court review shall address the petition to the assigned judge for that case. A. Administrative record. Parties shall lodge any administrative record in electronic format only (e.g., a thumb drive or CD-ROM) in the department in which the matter will be heard, as soon as is practicable after the record has been certified but in no event less than 30 days before the hearing on the merits. B. Organization and file names. The administrative record shall be divided into discrete, logical sections. For example, in the divisions prescribed for CEQA cases by California Rules of Court, rule 3.2205(a)(1) (findings, EIR, initial study, staff reports, transcripts, the remainder of the record.) Each section shall be contained in individual, searchable, electronically bookmarked .PDF files. Each file name shall reference the portion of the record contained therein, e.g., “Administrative Record Volume 1 (AR 1-195).pdf.” C. Joint Appendix This rule applies in any matter in which the Administrative Records exceeds 2,000 pages. Parties shall coordinate to prepare and lodge an electronic joint appendix containing each page of the records cited in the parties’ briefing. The joint appendix shall be divided into individual files not to exceed 200 pages. The joint appendix shall be lodged as expeditiously as possible following completion of the parties’ briefing on the merits, but in no event more than 14 calendar days thereafter. D. Memorandum and Appendix In briefing, (1) each party addressing an issue shall specifically state the burden of proof for that issue and who bears it; and (2) each party that cites to specific pages of the administrative record shall submit to the court a courtesy hard copy Appendix of the Administrative Record pages cited, with the portions on which the party relies, highlighted. The administrative record pages in the Appendix shall either be in numerical order, or if not in numerical order, tabbed. (Adopted January 1, 2000; Rule 15.04 renumbered as 15.03, amended January 1, 2009; Amended July 1, 2014, Amended July 1, 2017; Amended January 1, 2020, Amended January 1, 2025) 15.4 OTHER STATUTORY PETITIONS FOR REVIEW Reserved. (Adopted January 1, 2000; Rule 15.06 Renumbered as 15.04, January 1, 2009, Amended July 1, 2014, Amended July 1, 2015, Amended July 1, 2017) 15.5 TRADITIONAL WRIT OF MANDAMUS (Code of Civil Procedure section 1085) Traditional writs of mandamus filed under Code of Civil Procedure section 1085 are reviewed by a superior court judge in the Civil Division. The party seeking court review shall address the petition to the judge of the Civil Division to whom that case is assigned. A. Record on review. Parties shall lodge any documentary evidence presented in support of, or in opposition to, the writ, in electronic format only (e.g., a thumb drive or CD-ROM) in the department in which the matter will be heard, as soon as is practicable after the record has been certified but in no event less than 30 days before the hearing on the merits. (Amended July 1, 2017; Amended January 1, 2020, Amended January 1, 2025) 15.6 ADMINISTRATIVE AND TRADITIONAL WRIT OF MANDAMUS BRIEFING SCHEDULES AND PAGE LIMITS Unless otherwise ordered by the court, points and authorities prepared for a hearing on the merits of a writ petition shall be filed in accordance with the following schedule and page limits: The opening memorandum of points and authorities shall be filed at least 45 calendar days prior to the hearing date; the opposition memorandum shall be filed at least 25 calendar days prior to the hearing date; and the reply memorandum shall be filed at least 15 calendar days prior to the hearing. The opening and opposition memoranda shall not exceed 7,500 words. The reply memorandum shall not exceed 5,000 words. Attorneys shall, on a separate page following the final page of the memorandum, certify compliance with this requirement using substantially the language below: I, [attorney name], counsel for [party], hereby certify, under Local rule 15.6, that I prepared the foregoing memorandum of points and authorities on behalf of my client, and that the word count for this briefing is [insert word count], which does not include the cover, the tables, signature blocks, or this certification. This briefing complies with the rule, which limits briefing to [insert the appropriate number] words. I certify that I prepared this document in [insert software name such as Word 2010], and that this is the word count [Word] generated for this document. Dated: ____________________ ______________________________________________ [Attorney name] Attorney for [party] The parties may, subject to this court’s approval, stipulate to file briefs exceeding the word count noted in this rule 15.6 and/or to modify this briefing schedule. Alternatively, any party may file a motion to file an oversized brief consistent with the procedure specified in California Rules of Court, rule 3.1113(e). Any motion to be heard prior to the merits of a writ petition shall comply with the filing schedule and page limits specified in California Rules of Court, rules 3.1113 and 3.1300. (Adopted July 1, 2016; Amended July 1, 2017)
CHAPTER 15 SUPERIOR COURT WRITS AND PETITIONS FOR REVIEW 15.1 HABEAS CORPUS This rule applies only to petitioners currently in state custody (actual or constructive) as a result of a criminal prosecution or conviction. All petitions for writ of habeas corpus must comply with the California Rules of Court, rule 4.550 et seq. and Penal Code section 1473 et seq. A petition for writ of habeas corpus i
Reviewer note: Composed 2026-10-07 (California T4 Monterey build 2026-10-07) from BenchPath custody ca/t4/ca-monterey/docs/local-rules/local-rules-court_7126.pdf (4421478 bytes, sha256 6cfb26d8558478433c17c16338ee58feefb8ffa50636d888812c530751d033fb; 192 pages; this chapter's rules are pages 164 to 166) with the shared verbatim composer (v2 reflow). Each chapter opens on its own page with its own table of contents (a finding aid, not carded); the running header lines (LOCAL RULES OF COURT; MONTEREY COUNTY SUPERIOR COURT) and the page numbers removed as chrome, the chapter number and name kept once as the card's heading; the cover, the book's table of contents, the alphabetical index and the reserved Chapters 5 and 13 belong to no card; the strike report found no struck text; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented layout fixes (read on the page; the proofs hold): the sample certification's signature block: “[Attorney name]” set on its own line, as printed.
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.