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Chapter 9 (Appellate Division; Rules 9.1 to 9.6): the appellate division's jurisdiction over infraction, misdemeanor and limited civil cases and its writ jurisdiction (Rule 9.1); panels of no more than three (3) judges, and a single judge for traffic appeals and small claims writ petitions (Rule 9.2); procedures, all notices, petitions, motions and applications filed at the Salinas courthouse and addressed to the presiding appellate judge, filing fees - none for a notice of appeal in a criminal case, three hundred thirty dollars ($330) in a limited civil case over ten thousand dollars ($10,000) - and fee waivers (Rule 9.3); the record on appeal - the original trial court file in lieu of a clerk's transcript, statements on appeal and transcripts in criminal appeals (Rule 9.4); three (3) copies of an original brief (Rule 9.5); and hearings on the first Thursday of every month at 4:00 pm in Department 3, oral argument waived by a party who does not return the waiver form or is not present at calendar call (Rule 9.6).
California > Sixth Appellate District > Monterey County > Superior Court of California, County of Monterey
CHAPTER 9 APPELLATE DIVISION 9.1 JURISDICTION A. Appellate jurisdiction. The Appellate Division of the Superior Court of California, County of Monterey has appellate jurisdiction over all infraction, misdemeanor and limited civil cases heard in a Monterey County court. (Penal Code section 1466; Code of Civil Procedure section 904.2.) B. Writ jurisdiction. The appellate division has jurisdiction to consider petitions for writ of mandamus, prohibition or certiorari in all traffic, misdemeanor, limited civil cases and all actions arising out of the small claims court. (Code of Civil Procedure sections 1085, 1103, 1068, 116.798, 116.820.) The appellate division has jurisdiction to consider petitions for writ of error coram vobis in all misdemeanor, traffic and limited civil cases that are already affirmed on appeal or are currently pending appeal. (Penal Code section 1265.) The appellate division has jurisdiction to consider a petition for writ of supersedeas in all misdemeanor, traffic, limited civil and small claims cases arising out of the small claims court. (California Rules of Court, rule 8.824; Code of Civil Procedure section 923.) (Adopted October 1, 1998; Amended July 1, 2003; Amended January 1, 2006; Amended January 1, 2010; Amended July 1, 2014; Amended July 1, 2017; Amended January 1, 2024) 9.2 SESSIONS A. Panel review. An appellate division panel is comprised of no more than three (3) judges. The presiding appellate judge shall designate which judges will participate on the panel for any given matter. Unless specified below, the entire panel shall participate in a hearing or decision. The concurrence of two (2) or more judges is necessary to render a decision in every case. (Code of Civil Procedure section 77.) B. Independent judicial review. A single appellate division judge shall hear and decide all traffic appeals. A single appellate division judge shall decide all writ petitions arising out of the small claims court, other than a petition regarding the enforcement of judgment. (Code of Civil Procedure sections 77, 116.798.) (Adopted October 1, 1998; Amended January 1, 2006; Amended January 1, 2010; Amended January 1, 2011; Amended July 1, 2013; Amended July 1, 2014; Amended July 1, 2017; Amended January 1, 2024, Rule 9.2.(A) renumbered 1.4(E) and Subds (B) and (C) renumbered (A) and (B) July 1, 2024) 9.3 PROCEDURES, FILING AND FEES A. Procedural rules. General rules applicable to appellate division proceedings are set forth in the California Rules of Court, rule 8.800 et seq. B. Filing notices, petitions, motions and applications. Parties shall file all notices, petitions, motions and applications regarding matters within the appellate division’s jurisdiction at the Salinas courthouse. Parties shall address all petitions, motions and applications to the presiding appellate judge. C. Filing fee in criminal cases. No filing fees are required for filing a notice of appeal in a criminal case. No fee is required in a criminal case for filing a writ petition in the appellate division, although such a proceeding is civil in nature for some purposes. (Bravo v Cabell (1974) 11 Cal.3d 834, 840; see California Code of Civil Procedure sections 22–23.) D. Filing fee in civil cases. The fee for filing a notice of appeal or a writ petition in a limited civil case is three hundred thirty dollars ($330) if the amount in controversy is more than ten thousand dollars ($10,000) The fee for filing a notice of appeal or a writ petition in a limited civil case is two hundred five dollars ($205) where the amount in controversy is less than ten thousand dollars ($10,000). (Government Code section 70621.) E. Fee waivers in civil cases. At the time of filing a notice of appeal or a petition for extraordinary relief, a party must file the required fee or a request to waive court fees. When filing a notice of appeal, a party is not required to submit a new application for waiver of court fees if the trial court previously issued a waiver, and the waiver remains in effect, that included all appellate fees. Otherwise, a party must submit a request for a fee waiver on the Request to Waive Court Fees (form FW-001). To request a fee waiver in a writ proceeding, a party must submit a Request to Waive Court Fees (form FW-001). (California Rules of Court, rule 8.818.) (Adopted July 1, 2017) 9.4 RECORD ON APPEAL A. Record of written documents. The court elects to use the original trial court file in lieu of a clerk’s transcript. (California Rules of Court, rules 8.833, 8.863, 8.914.) B. Statement on appeal. The trial court judge shall not order the preparation of a transcript as the record of oral proceedings in lieu of correcting a proposed statement on appeal. (California Rules of Court, rules 8.837(d)(6)(B), 8.869(d)(6)(B), 8.916(d)(6)(B).) C. Transcript costs in criminal cases. An appellant may elect to use a reporter’s transcript or a transcript of the official electronic recording of the proceedings as the oral record on appeal. Transcripts are prepared at court cost where the appellant is the People, a defendant represented by appointed counsel in the trial court, or the trial court determines that the defendant is indigent and orders that the defendant receive the transcript without cost. All other appellants must remit payment after receiving a cost estimate from the court clerk before a transcript is prepared. D. Transcripts in criminal appeals. Before a transcript is prepared at court cost, the trial court shall hold a hearing and determine what portion of the oral record is required for meaningful consideration of the potential issues on appeal. (California Rules of Court, rule 8.865(b).) California Rules of Court, rules 8.867 or 8.920, set forth the limited record normally necessary when a party appeals a pre-trial ruling on a motion to suppress evidence under Penal Code section 1538.5, a demurrer, probation conditions, or any other appealable order other than a ruling on a new trial motion. When appealing a final judgment of conviction, unless the trial court orders otherwise at the hearing or the parties file a stipulation, the oral record shall include the following: 1. The oral proceedings on the entry of any plea other than a not guilty plea; 2. The oral proceedings on any motion in limine; 3. The oral proceedings at trial, excluding voir dire examination of jurors and any opening statement; 4. Any jury instructions given orally (misdemeanors only); 5. Any oral communication between the court and the jury or any individual juror (misdemeanors only); 6. Any oral opinion of the court; 7. The oral proceedings on any motion for new trial; 8. The oral proceedings at sentencing, granting or denying probation, or other dispositional hearing; a. If the appellant is the defendant, the reporter's transcript must also contain: b. The oral proceedings on any defense motion denied in whole or in part except motions for disqualification of a judge; c. Any closing arguments; and d. Any comment on the evidence by the court to the jury (misdemeanors only). (California Rules of Court, rules 8.865, 8.866, 8.918, 8.919.) (Adopted October 1, 1998; Amended January 1, 2006; Amended January 1, 2007; Amended January 1, 2010; Amended July 1, 2010; Amended January 1, 2011; Rule 9.03 renumbered to Rule 9.4 and amended July 1, 2017; Amended January 1, 2024) 9.5 BRIEFS Any party filing an original brief must also submit three (3) copies. (Amended January 1, 2007; Amended January 1, 2009; Amended January 1, 2010; Rule 9.04 renumbered to 9.05 and amended July 1, 2017) 9.6 ORAL ARGUMENT / HEARINGS Appellate division hearings are set on the first Thursday of every month at 4:00 pm in Department 3 unless otherwise ordered. Any party who has not returned the waiver form sent with the notice setting the date for the appellate hearing within the specified time frame is deemed to have waived oral argument. Any party who is not present at calendar call is deemed to have waived oral argument unless the party has advised the clerk in advance of a delay. (Adopted October 1, 1998; Amended January 1, 2007; Amended January 1, 2010; Rule 9.05 renumbered to Rule 9.06 and amended July 1, 2017)
CHAPTER 9 APPELLATE DIVISION 9.1 JURISDICTION A. Appellate jurisdiction. The Appellate Division of the Superior Court of California, County of Monterey has appellate jurisdiction over all infraction, misdemeanor and limited civil cases heard in a Monterey County court. (Penal Code section 1466; Code of Civil Procedure section 904.2.) B. Writ jurisdiction. The appellate division has jurisdiction to
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 102 to 105) 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): two history notes set as one paragraph each. Review note: Rule 9.3 (B) requires all appellate division filings at the Salinas courthouse; the court's Appeals page (Hearing Location and Venue) directs traffic appeals to the Marina clerk's office and civil and small claims appeals to the Monterey clerk's office (a review task).
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.