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Chapter 14 (Attorney/Investigator/Expert Fees; rules 1400–1461): appointed attorney service fee schedules (Rule 1400); determination of compensation and expenses for appointed counsel; the form and timely submission of claims; fee complaint procedures; attorney fee payments in criminal cases (complex felonies, ordinary and extraordinary fees, counsel in death penalty and LWOP cases, appointed defense fees under Rule 1414, reimbursement orders and collection); appointed services of investigators, experts and others (Rule 1419: claims for payment, transcription services, appointed psychiatric and psychological evaluation services and their fee schedules, extraordinary expert fees, subpoena and testimony); the computation of fees in civil law cases (Rule 1440), default attorney fees (Rule 1441), mobile home abandonment actions, foreclosure and exceptions; and claims for attorney fees in family law cases (rules 1460–1461).
California > Fourth Appellate District > San Bernardino County > Superior Court of California, County of San Bernardino
CHAPTER 14 ATTORNEY/INVESTIGATOR/EXPERT FEES ATTORNEY FEES – GENERAL RULE 1400 APPOINTED ATTORNEY SERVICE FEE SCHEDULES Attorneys appointed by the Court may not charge fees for their services in excess of the Rates and limits set forth in the Appointed Services Fee Schedule, available on the Court’s website and from the Court Executive Office. (Eff. July 1, 2011. Amended, eff. July 1, 2012, and July 1, 2013. Amended, eff. January 1, 2018.) RULE 1401 DETERMINATION OF COMPENSATION AND EXPENSES FOR APPOINTED COUNSEL In each case in which a person has been furnished services of private counsel at public expense, the Court shall make a determination of the sum that is reasonable for compensation and authorized expenses. Payment will be based on the Appointed Services Fee Schedule in effect at the time of appointment, available on the Court’s website and from the Court Executive Office. (Former Rule 1411, amended and renumbered as Rule 1401, eff. January 1, 2018.) RULE 1402 FORM OF CLAIM All claims for attorney service payments must be submitted on Superior Court of California, County of San Bernardino forms. All claims for payment of fees shall include claimant’s California State Bar number. All claims shall be fully itemized as to specific dates, hours, activities, case name, case number and date of appointment and primary charge. When hourly billing is allowed under the Appointed Services Fee Schedule and at the discretion of the Court, the minimum reported increment should be 0.25 hours (15 minutes). (Eff. July 1, 1998. Amended, eff. January 1, 2004. Former Rule 1411, amended and renumbered as Rule 1402, eff. January 1, 2018.) RULE 1405 TIMELY SUBMISSION OF CLAIMS Claims for appointed attorney fees, in matters other than Family Law pursuant to Rule 1460 and Guardianship and Conservatorship pursuant to Rule 20-105, must be submitted on Court forms to the Court District where the case is heard within 60 days of completion of the case. Any claim submitted more than 60 days after completion of the case will be subject to a penalty of ten percent (10%) of the claim amount per month, up to a maximum of 20%, absent extenuating circumstances. The Court in its discretion shall determine when extenuating circumstances sufficient to justify a delay in submission of a claim exist. Any claim submitted more than 2 years after completion of the case, which the Court cannot verify as being previously unpaid, shall be denied. For the purposes of this Rule, completion of the case is defined as conclusion of the Pronouncement of Judgment in criminal matters. Billing should be for all services provided to that point. Billings for post-dispositional activities must be submitted within 60 days of the hearing with the exception of juvenile matters. If an attorney submits an appointed attorney service claim form before the end of a case, and out-of-court time is being claimed, a copy of any prior billings for the same case may be required to be submitted with subsequent billings if the Court is unable to verify that prior billings for the case have not been paid. The Court staff shall review that statement to verify days and dates of service and billing amounts and submit it to the appropriate Judge, noting any deviations from Court rule or policy. The Judge shall approve the statement or modify it as appropriate. (Former Rule 1110, eff. Jan. 1, 1993. Renumbered as Rule 1411 through 1414 and amended, eff. July 1, 1998. Amended, eff. July 1, 2000, January 1, 2001, July 1, 2001, January 1, 2003, July 1, 2004, July 1, 2012, July 1, 2013, and January 1, 2014. Former Rule 1414, amended and renumbered as Rule 1405, eff. January 1, 2018. Amended, eff. August 15, 2023, and January 1, 2025.) RULE 1406 APPOINTED ATTORNEY SERVICE FEE COMPLAINT PROCEDURES When complaints regarding attorney’s fees awarded to appointed counsel in criminal cases are received by the Court Executive Office, the file, together with all necessary documents, will be referred to the trial Judge who will evaluate the merit of the complaint and make his/her recommendation(s) to the Judge who made the award. That Judge will then consider the recommendation(s) and endorse a new order changing or confirming the original award. Any appeal of the new order must be submitted in writing to the Supervising Judge of the district where the case was tried within thirty (30) days of mailing of the notice of the new order. A final appeal may be submitted in writing to the Presiding Judge within thirty (30) days of mailing of the notice of the decision of the Supervising Judge. (Former Rule 1132, eff. April 1, 1985. Renumbered as Rule 1461, eff. July 1, 1998. Amended July 1, 2000. Renumbered as Rule 1440, eff. January 1, 2005. Amended, eff. July 1, 2006, and July 1, 2013. Former Rule 1440, amended and renumbered as Rule 1415, eff. January 1, 2018.) ATTORNEY FEE PAYMENTS - CRIMINAL CASES RULE 1410 APPOINTED CRIMINAL CASES - COMPLEX FELONY (Former Criminal Rules, Rule 1330, eff. January 1, 2003. Renumbered as Criminal Rules, Rule 1403, eff. January 1, 2004. Amended, eff. July 1, 2005, July 1, 2006, July 1, 2011, and July 1, 2012. Former Rule 1403, renumbered as Rule 1410, eff. January 1, 2018. Repealed eff. January 1, 2025.) RULE 1411 ORDINARY ATTORNEY SERVICE FEES The Appointed Services Fee Schedule covers the usual and ordinary handling of an appointed case, including ordinary office expenses. However, expenses reasonably and necessarily incurred by appointed counsel, including costs of service and process, copies of documents and long-distance telephone calls, may be reimbursed at the discretion of the Court. The original receipts for any of these expenses must be attached to any request for reimbursement or payment. Requests not supported by original receipts will not be processed. Special expenses, including any single expense item in excess of $50.00, will be deemed unreasonable unless specifically authorized in advance by the Court. Original receipts are required for expense reimbursement. Investigator and expert services must comply with all applicable rules and the Court’s Penal Code § 987.2 Rules and Procedures and Appointed Services Fee Schedule. (Former Criminal Rules, 1331, eff. July 1, 2000. Amended, eff. July 1, 2001. Renumbered as Criminal Rules, Rule 1415, and amended, eff. January 1, 2003. Amended, eff. January 1, 2004, July 1, 2005, July 1, 2006, July 1, 2011, July 1, 2012, and January 1, 2013. Former Rule 1415, amended and renumbered as Rule 1411, eff. January 1, 2018.) RULE 1412 EXTRAORDINARY ATTORNEY FEES In cases where, because of complexities thereof, the seriousness of the charge or novel legal principles being involved, extensive research, trial preparation and investigation are required, additional extraordinary fees may be allowed at the discretion of the Court. Requests for extraordinary fees must be made by written motion with appropriate supporting declarations and receive prior approval of the Court. Extraordinary fees are not designed to cover the routine or usual legal services or ordinary office expenses. An itemized statement of the services to be rendered shall accompany any motion for extraordinary fees. The motion for extraordinary fees shall be heard by the supervising judge of the district at which the case is assigned. (Former Criminal Rules, Rule 1332, eff. January 1, 2000, and amended, eff. January 1, 2002. Renumbered Criminal Rule, 1416, and amended, January 1, 2003. Amended, eff. January 1, 2004, and July 1, 2004. Former Rule 1416, amended and renumbered as Rule 1412, eff. January 1, 2018. As amended, eff. January 1, 2020) RULE 1413 COUNSEL IN DEATH PENALTY/LWOP CASES The Public Defender of San Bernardino County shall represent all indigent persons charged with a capital or life-without-possibility-of-parole (LWOP) case. If the Public Defender declares a conflict of interest and/or is relieved from representing a person charge with a capital or LWOP case, the Court shall appoint counsel from the “Capital/LWOP Case Panel.” The Court and counsel shall adhere to the requirements and procedures of the Capital/LWOP Case Panel. The San Bernardino County Superior Court has established a Capital/Life Without Parole (LWOP) Case Panel of qualified attorneys to be appointed to represent indigent defendants in Capital and LWOP cases. Every attorney who has permitted his or her name to be included on and to remain on the Capital Case Panel agrees to accept the appointment in Capital and/or LWOP cases according to the terms of the Fee Schedule Agreement for Capital/ LWOP Case Appointments, in effect for cases appointed after September 1, 1997. (Former Criminal Rules, Rule 1450.3, eff. July 1, 2000. Renumbered as rule 1419, and amended, eff. January 1, 2004. Former Rule 1419, renumbered as Rule 1413, eff. January 1, 2018.) RULE 1414 APPOINTED DEFENSE FEES In each criminal case in which a person has been furnished appointed defense services, upon appointment of such defense service, the person shall be required to complete and submit to the court a financial evaluation form upon presentation by the Court. Upon conclusion of the proceedings in criminal matters, the Court shall make a determination of the actual costs of providing such services per Penal Code §987.8. The appointed service provider shall be prepared at that time to submit itemized information as to the time they have devoted to the case. (Former Criminal Rule 1133, eff. April 1, 1985. Renumbered as Criminal Rules, Rule 1462, eff. July 1, 1998. Amended eff. July 1, 2000, January 1, 2004, and July 1, 2004. Renumbered as Rule 1441, eff. January 1, 2005. Amended, eff. July 1, 2005, July 1, 2006, and July 1, 2010. Former Rule 1441, deleted and renumbered as Rule 1414, eff. January 1, 2018.) RULE 1416 REIMBURSEMENT ORDER In the event any person may be required by law to reimburse the County costs of appointed defense services, the Court, after determining the amount shall make a determination of the present ability of such person to pay all or a portion of any amount and shall make such reasonable order for payment as is authorized by law. This determination and the determinations required by Rule 1415 above shall be made only after the Court has held a hearing. All persons required by law to reimburse the County for costs of appointed defense services shall be entitled to reasonable notice of the hearing and an opportunity to be heard, including the right to present evidence and cross-examine witnesses. (Former Rule 1140, eff. May 27, 1982. Renumbered as Rule 1470 and amended, eff. July 1, 1998. Renumbered as Rule 1464 and amended, eff. July 1, 2000. Renumbered as Rule 1442, eff. January 1, 2005. Amended, eff. July 1, 2006, and July 1, 2012. Former Rule 1442, amended and renumbered as Rule 1416, eff. January 1, 2018.) RULE 1417 COLLECTION The Court, in its discretion, may delegate to County Central Collections or other third party collection vendors, the authority to collect reimbursement ordered pursuant to Rule 1416, and to establish and modify arrangements for installment payments. (Former Rule 1150, eff. May 27, 1982. Renumbered as Rule 1480, eff. July 1, 1998. Amended eff July 1, 2000. Renumbered as rule 1443, and amended, eff. January 1, 2005. Amended, eff. July 1, 2013. Former Rule1443, amended and renumbered as Rule 1417, eff. January 1, 2018. As amended, eff. January 1, 2019.) RULE 1418 APPOINTMENTS OF INVESTIGATORS OR OTHERS Rule 1418.1 All requests for Court-appointment of investigators, experts, or others at government expense shall comply with Rule 1414. Prior express written approval of the Court is required for all investigator, expert or other services and expenditures pursuant to Local Rules 1418.2 and 1418.3. Costs of services performed and expenses incurred prior to the order of the Court, and costs not included in the Court Order, will be denied. The Court’s Appointed Services Fee Schedule rates are the maximum rates allowed for experts unless the express written approval of the Court for an extraordinary billing rate is obtained in advance of the expert’s services pursuant to Local Rule 1419.6. Copies of the Court’s Appointed Services Fee Schedule may be obtained on the Court’s website or from the Court Executive Office. Rule 1418.2 Applications for ancillary defense funding under Penal Code § 987.2 must comply with the Court's Penal Code § 987.2 Rules and Procedures and Local Rules for appointed services. The Superior Court of California, County of San Bernardino shall have designated primary and alternate judges (“PC § 987.2 Judges” for each Court Region (West Valley, East Valley, Desert to monitor and authorize fees for ancillary defense funding at government expense under the provisions of Penal Code § 987.2 for non-capital cases. Appointed ancillary defense services and expenditures shall be authorized at the discretion of and subject to approval by the Court’s designated PC § 987.2 Judges. Applications for ancillary defense funding in Juvenile Court delinquency cases shall be submitted to the judge designated by the Juvenile Court Presiding Judge. Appointed service providers (other than appointed psychiatric/psychological evaluation services appointed pursuant to Local Rule 1419.4) must comply with the rules and guidelines for appointed ancillary defense services specified in the Court’s Penal Code § 987.2 Rules and Procedures. (Former Criminal Rule 1131, eff. May 27, 1982. Amended, eff. April 1, 1985; July 1, 1988; Jan. 1, 1990; Jan. 1, 1991. Renumbered as rule 1451 and amended July 1, 1998. Amended, eff. July 1, 2000; July 1, 2000; January 1, 2001; January 1, 2002; January 1, 2003; January 1, 2004; July 1, 2004; January 1, 2005; July 1, 2005; July 1, 2006, January 1, 2010, July 1, 2010, July 1, 2011, July 1, 2012, January 1, 2013, and July 1, 2013. Former Rule 1451, amended and renumbered as Rule 1418, eff. January 1, 2018. Amended, eff. July 1, 2022.) Rule 1418.3 Applications for ancillary defense funding for capital and capital–eligible Penal Code § 190.2 special circumstances cases under Penal Code § 987.9 must comply with the Court’s Penal Code 987.2 Rules and Procedures. The Court shall have two designated judges (“PC § 987.9 Judges”) to monitor and authorize fees for ancillary defense funding at government expense pursuant to Penal Code § 987.9. Services rendered by investigators, experts and others for capital and capital-eligible Penal Code § 190.2 special circumstances cases under appointment by the Court’s designated PC § 987.9 Judge (other than appointed psychiatric/psychological evaluation services appointed pursuant to Local Rule 1419.4) must generally comply with the Local Rules and appointed service and expenditure rules set forth in section B of the Court’s Penal Code § 987.2 Rules and Procedures. Appointed ancillary defense services and expenditures shall be authorized and approved at the discretion of the Court’s designated PC §987.9 Judges. For a case subject to PC §987.9, in the event of a conflict between the requirements of the Court’s PC §987.9 procedures and the Court’s Penal Code §987.2 Rules and Procedures, the requirements of the PC § 987.9 will prevail. (Former Criminal Rule 1131, eff. May 27, 1982. Amended, eff. April 1, 1985; July 1, 1988; Jan. 1, 1990; Jan. 1, 1991. Renumbered as rule 1451 and amended July 1, 1998. Amended, eff. July 1, 2000; July 1, 2000; January 1, 2001; January 1, 2002; January 1, 2003; January 1, 2004; July 1, 2004; January 1, 2005; July 1, 2005; July 1, 2006, January 1, 2010, July 1, 2010, July 1, 2011, July 1, 2012, January 1, 2013, and July 1, 2013. Former Rule 1451, amended and renumbered as Rule 1418, eff. January 1, 2018. Amended, eff. July 1, 2022.) Rule 1418.4 Paralegal services must be performed under the direction and supervision of an active member of the State Bar of California consistent with the Business and Professions Code § 6450, et seq. The Court strongly discourages appointed paralegals from attending court proceedings. Appointments of paralegals shall generally be limited to capital cases. Paralegal service appointment order requests must specify the services to be performed by the paralegal under appointment, and must specify why the services cannot be performed by the attorney or attorney office staff. (Former Rule 1434.4. Renumbered as rule 1461.4, eff. January 1, 2018.) Rule 1418.5 Mitigation specialists for death penalty cases, when appointed by order of the Court pursuant to Penal Code § 987.9 and Rule 1418.3, should be limited to gathering of information specifically related to mitigation defense and coordinating the various aspects of investigators, experts and witnesses for the penalty (mitigation) phase, and to activities which would not normally be performed by an investigator or paralegal appointed for the case pursuant to Rule 1418. (Former rule 1434.5. Amended and renumbered as rule 1461.5, eff. January 1, 2018.) Rule 1418.6 The provisions of Rule 1418 and its sub-parts shall apply to all cases filed under Sections 601 and 602 of the Welfare and Institutions Code, except: (1) Motions shall be presented to the Presiding Judge of the Juvenile Court, or to such other judicial officers sitting in Juvenile Court as the Presiding Judge shall designate; and, (2) All references to defendants shall be deemed to refer to minors. (Former Criminal Rule 1131, eff. May 27, 1982. Amended eff. April 1, 1985; July 1, 1988; Jan. 1, 1990; Jan. 1, 1991. Renumbered as rule 1451 and amended July 1, 1998. Amended, eff. July 1, 2000; July 1, 2000; January 1, 2001; January 1, 2002; January 1, 2003; January 1, 2004; July 1, 2004; January 1, 2005; July 1, 2005; July 1, 2006, January 1, 2010, July 1, 2010, July 1, 2011, July 1, 2012, January 1, 2013, and July 1, 2013. Former Rule 1451, amended and renumbered as Rule 1418, eff. January 1, 2018.) RULE 1419 APPOINTED SERVICES OF INVESTIGATORS, EXPERTS AND OTHERS Rule 1419.1 Claims for Payment Services rendered by investigators, experts and others under appointment by the Court’s designated PC § 987.2 Judge or PC § 987.9 Judge (other than appointed psychiatric/psychological evaluation services appointed pursuant to Local Rule 1419.4) must comply with the rules and guidelines for appointed ancillary defense services specified in the Court’s Penal Code § 987.2 Rules and Procedures. (Criminal Rules, Rule 1460.1, eff. July 1, 1998, and former Appendix III, Rule 1460, eff. July 1, 1998; renumbered as rule 1460.1 and amended, eff. July 1, 2000. Amended, eff. July 1, 2001, January 1, 2004, July 1, 2006, July 1, 2010, July 1, 2012, and January 1, 2013. Former Rule 1450.1, renumbered as Rule 1419.1, eff. January 1, 2018. Amended, eff. July 1, 2022.) Rule 1419.2 Investigators, Experts and Others Investigators, experts and others appointed by the Court may not charge fee for their services in excess of the rates and limits set forth in the Appointed Services Fee Schedule in effect at the time of appointment, except as provided by Rule 1419.6 and authorized by the Court’s designated PC 987.2 Judges. (Former Appendix III, Rule 1460, eff. July 1, 1998. Renumbered as rule 1460.2 and amended, eff. July 1, 2000. Amended, eff. January 1, 2002; July 1, 2002; January 1, 2004; July 1, 2005; July 1, 2006, January 1, 2009, July 1, 2010, July 1, 2011, July 1, 2012, and July 1, 2013. Former Rule 1460.2, amended and renumbered as Rule 1419.2, eff. January 1, 2018.) Rule 1419.3 Transcription Services Transcription services are deemed to be an expert service; compensation for transcription service shall be at the lowest commercially-available rate. (Former Criminal Rule 1460.4, eff. July 1, 1998. Renumbered as rule 1460.3 and amended, eff. July 1, 2000. Amended, eff. January 1, 2002, July 1, 2001, January 1, 2003, January 1, 2004, January 1, 2005, July 1, 2005, July 1, 2006, July 1, 2010, July 1, 2011, July 1, 2012, January 1, 2013, and July 1, 2013. Former Rule 1460.3, renumbered as Rule 1419.3, eff. January 1, 2018.) Rule 1419.4 Appointed Psychiatric/Psychological Evaluation Services Appointments of psychiatrists and psychologists for PC § 1026 (not guilty by reason of insanity), PC § 1368/1369 (competency), PC § 288.1 (sex offense) and W&I § 3050/3051 (addiction) evaluation and report services shall be made on a rotating basis from the Court’s panel of experts using a randomized selection tool, unless the court recognizes extenuating circumstances and authorizes an exception to standard rotating appointment. All claims for appointed standard psychiatric/psychological evaluation services shall be submitted on the Court’s Appointed Evaluation Service claim forms to the Court District where the case was heard within 60 days of completion of the services rendered. Any claim submitted more than 60 days after completion of appointed services on case will be subject to a penalty of ten percent (10%) of the claim amount per month, up to a maximum of twenty percent (20%), absent extenuating circumstances. The Court in its discretion may determine when extenuating circumstances sufficient to justify a delay in submission of a claim exist. Any claim submitted more than two (2) years after completion of services for the case, which the Court cannot verify as being previously unpaid, shall be denied. The Court must actually receive the expert’s report before appointed evaluation services can be billed unless the Court in its discretion recognizes extenuating circumstances orders payment in an amount it determines appropriate. Pursuant to Local Rule 1419.7, the expert must have also actually appeared in court, as reflected in the case minutes, for testimony services to be billable. Billings must be submitted on the proper court form (Form 12-21283-356 for PC 1368/1369, W&I 3050/3051, and PC 288.1 evaluations; Form 13-17711-360 for PC 1026 and EC 1017 evaluations), and shall include all services provided that have not been previously presented or paid. A copy of the psychiatric/psychological Court order of appointment must accompany all claims for appointed evaluation services. Pursuant to Rule 1419.8, a copy of the subpoena to the expert must also accompany any claim for expert testimony. Billings for EC § 1017 defense requested confidential evaluation and report services must be signed by defense counsel in the space provided prior to submittal to the Court. (Eff. July 1, 2000. Amended, eff. July 1, 2006, July 1, 2010, July 1, 2011, July 1, 2012, January 1, 2013, and July 1, 2013. Former Rule 1460.4, amended and renumbered as Rule 1419.4, eff. January 1, 2018. As amended, eff. January 1, 2019. Amended, eff. July 1, 2022.) Rule 1419.5 Appointed Psychiatric/Psychological Evaluation Service Fee Schedules Psychiatrists and Psychologists appointed by the Court may not charge fees for their services in excess of the rates set forth in the Appointed Services Fee Schedule in effect at the time of appointment, available on the Court’s website and from the Court Executive Office, except as provided by Rule 1419.6, Juvenile Court appointed psychiatric/psychological services will be paid at the San Bernardino County Probation Department’s approved rates in the absence of any Court established rates for these services. (Former Appendix III, Rule 1460, eff. July 1, 1998. Renumbered as rule 1460.5, and amended, eff. July 1, 2000. Amended, eff. January 1, 2004, July 1, 2004, January 1, 2005, July 1, 2006, July 1, 2011, July 1, 2012, January 1, 2013, and July 1, 2013. Former Rule, 1460.5, amended and renumbered as 1419.5, eff. January 1, 2018.) Rule 1419.6 Extraordinary Expert Fees Upon prior approval of the Court, in cases where, because of complexities, the seriousness of the charge, or where novel medical examinations, extensive research and/or trial preparation are required, extraordinary expert fees for highly specialized expert services may be allowed in excess of the rates provided in the Court’s Appointed Services Fee Schedule. Authorization for extraordinary expenses must be made by the Court’s designated PC § 987.2 Judge pursuant to Local Rule 1418.2 or designated PC § 987.9 Judge pursuant to Local Rule 1418.3. Extraordinary expert fees related to psychiatric/psychological evaluation services under PC § 1026 may be authorized by the Judge assigned to the case. It is the duty of counsel to endeavor to negotiate the lowest hourly rate for the expert’s services, recognizing that the fees for the expert's work are paid from local government funds. If extraordinary fees are authorized in accordance with this Rule, billings must provide sufficient specificity with regard to services performed to support the bill for payment, with dates and times of service itemized. (Former Rule 1460.3, eff. July 1, 1998. Renumbered as rule 1460.7, eff. July 1, 2000. Amended, eff. July 1, 2001, January 1, 2002, January 1, 2003, July 1, 2004, July 1, 2009, July 1, 2010, July 1, 2011, and July 1, 2012. Former Rule, 1460.7, amended and renumbered as 1419.6, eff. January 1, 2018. As amended, eff. July 1, 2022.) Rule 1419.7 Subpoena and Testimony Expert testimony and expenses related to testimony in criminal proceedings are the responsibility of the subpoenaing or requesting party (prosecution or defense) unless the expense is the responsibility of the Court or County under applicable California Code. A copy of the subpoena to the expert must accompany a claim for expert testimony. 1419.7(a) Penal Code § 1368/1369 testimony expenses in competency proceedings for experts that prepared the court-ordered competency evaluation reports for the court will be paid by the Court. If the prosecution or defense chooses to call their own expert to testify at a competency proceeding, the Court is not required to pay those expenses. If the prosecution or defense chooses to call an expert that prepared the court-ordered competency evaluation at a different proceeding, such as the trial on the underlying charges, the Court is not required to pay those expenses. 1419.7(b) Penal Code § 288.1 testimony expenses in lewd acts proceedings for experts that prepared the court-ordered evaluation reports for the court will be paid by the Court. If the prosecution or defense chooses to call their own expert to testify at a lewd act proceeding, the Court is not required to pay those expenses. If the prosecution or defense chooses to call an expert that prepared the court-ordered lewd act evaluation at a different proceeding, such as the trial on the underlying charges, the Court is not required to pay those expenses. 1419.7(c) Welfare & Institutions § 3051 testimony expenses in narcotics addiction hearings for experts that prepared the court-ordered evaluation report for the court will be paid by the Court if the testimony occurs as part of a jury trial on the issue at the request of the defendant. 1419.7(d) Penal Code § 1026 testimony expenses related to not-guilty-by-reason-of-insanity hearings are not the responsibility of the Court. (Eff. January 1, 2003. Amended, eff. January 1, 2004, January 1, 2005, July 1, 2006, January 1, 2007, July 1, 2010, July 1, 2012, and January 1, 2013. Former Rule 1460, amended and renumbered as Rule 1419, eff. January 1, 2018.) ATTORNEY FEE PAYMENTS – CIVIL LAW CASES RULE 1440 COMPUTATION OF FEES IN CIVIL LAW CASES In computing fees, the Court will require parents claiming reimbursement for medical expenses, etc. to pay their proportionate share of the counsel fees except in cases of hardship. Reasonable costs incurred or paid by the counsel that are itemized and accompanied by appropriate vouchers, or other supporting evidence, will be allowed except they shall not be included in the amount of the settlement of judgment on which fees are computed. (Eff. July 1, 1998. Renumbered as Rule 1440, eff. January 1, 2018.) RULE 1441 DEFAULT ATTORNEY FEES (a) Whenever the obligation sued upon provides for the recovery of a reasonable attorney fee, the fee in each default case may be fixed pursuant to the following schedule, but in no event shall the amount included by the clerk exceed the amount of attorney’s fees prayed for: 25 percent of the first $1,000 with minimum attorney’s fees of $75.00; 10% of the next $14,000 3 percent of the next $35,000; 2 percent of the next $50,000; and 1 percent of the contract or note amount over $100,000. (b) In any case where an attorney claims he or she is entitled to a fee in excess of any of the above amounts, the attorney may apply to the court on noticed motion and present proof to support the claim. The Court will determine the reasonable fee amount according to proof. (c) In contested matters, the Court will determine the reasonable attorney fees as proved by the prevailing party after trial in accordance with Code of Civil Procedure, section 1021 et seq., Civil Code, sections 1717 and 1717.5, and the California Rules of Court, rule 3.1702. (d) This rule is not applicable to actions for foreclosure of a mortgage or deed of trust or judicial determination of abandonment of a mobile home. (Eff. July 1, 1998. Amended, eff. January 1, 2005, January 1, 2007, January 1, 2011, July 1, 2011, and January 1, 2012. Former Rule 1430, amended and renumbered as Rule 1441, eff. January 1, 2018.) RULE 1442 ACTION FOR JUDICIAL DECLARATION OF ABANDONMENT OF MOBILE HOME For the purposes of determining attorney’s fees in an action for judicial determination of abandonment of a mobile home, the Court shall use the following schedule: 25 percent of the first $1,000 in damages with minimum attorney’s fees of $75.00; 10 percent of next $14,000 in damages; 3 percent of next $35,000 in damages; 2 percent of next $50,000 in damages; and 1 percent of the amount of damages over $100,000. (Eff. July 1, 1998. Amended eff. January 1, 2005. Former Rule 1431, renumbered as Rule 1442, eff. January 1, 2018.) RULE 1443 FORECLOSURE Rule 1443.1 When an attorney’s fee is allowed on the foreclosure of a mortgage, trust deed, security agreement or mechanic’s lien, a reasonable attorney’s fee shall be deemed to be that computed under subdivisions 1442 increased by ten percent, in addition to which a further allowance may be made for extraordinary services, in compliance with Rule 1412. (Eff. July 1, 1998. Former Rule 1433.1, amended and renumbered as Rule 1443.1, eff. January 1, 2018.) Rule 1443.2 When an attorney’s fee is allowed on the foreclosure of a lien for a street assessment or other assessment, or of a bond issued for the cost of a public improvement, except in cases where other provision is made by law, the attorney’s fee shall be computed as provided in 1442 of this rule; except that the minimum shall be $75.00, where only one assessment or bond is being foreclosed in the action, and $20.00 additional for each additional assessment or bond being foreclosed in the same action. An additional allowance may be made for extraordinary services in compliance with Rule 1412. (Former Rule 1113, et seq., eff. May 27, 1982. Renumbered as rule 1433 et seq. and amended, eff. July 1, 1998. Former Rule 1433.2, amended and renumbered as Rule 1443.2, eff. January 1, 2018.) RULE 1444 EXCEPTIONS Rules 1441-1443.2 are not intended to apply to procedures under Section 372 of the Code of Civil Procedure and Section 1431 of the Probate Code. (Former Rule 1160, eff. May 27, 1982. Renumbered as Rule 1490, eff. July 1, 1998. Amended, eff. July 1, 2013. Former Rule 1490, amended and renumbered as Rule 1444, eff. January 1, 2018.) ATTORNEY FEE PAYMENTS – FAMILY LAW CASS RULE 1460 CLAIMS FOR ATTORNEY FEES IN FAMILY LAW CASES Claims for attorney fees in Family Law cases must be submitted each month, beginning in the month in which the attorney is appointed as counsel and each month thereafter until the attorney is discharged by the Court. Claims shall be submitted on Court forms to the Court District where the case is heard by the last day of each month. Any claim submitted more than 30 days late will be subject to a penalty of ten percent (10%) of the claim amount per month absent extenuating circumstances. The Court in its discretion shall determine when extenuating circumstances sufficient to justify a delay in submission of a claim exist. (Eff. July 1, 2004. Amended, eff. July 1, 2012. Former Rule 1417, renumbered as Rule 1460, eff. January 1, 2018.) RULE 1461 FEES IN DISSOLUTION, LEGAL SEPARATION OR NULLITY ACTION The following attorney fees will be awarded under normal circumstances in marriage dissolution, legal separation or nullity action, exclusive of costs: (Eff. July 1, 1998. Former Rule 1434, amended and renumbered as Rule 1461, eff. January 1, 2018.) Rule 1461.1 Default (Without Request for Order) proceedings: $300.00. (Eff. July 1, 1998. Amended, eff. July 1, 2012. Former Rule 1434.1, amended and renumbered as Rule 1461.1, eff. January 1, 2018.) Rule 1461.2 Request for Order: $350.00 (contingent upon showing of efforts of counsel before hearing to obtain stipulation or agreement of parties.) (Eff. July 1, 1998. Amended, eff. July 1, 2012. Former Rule 1434.2, amended and renumbered as Rule 1461.2, eff. January 1, 2018.) Rule 1461.3 Subsequent Request for Order Hearing for Modification of Order, Contempt, or otherwise: $200.00 to $300.00. (Eff. July 1, 1998. Amended, eff. July 1, 2012. Former Rule 1434.3, renumbered as Rule 1461.3, eff. January 1, 2018.) Rule 1461.4 Trial (contested): $350.00 per diem. (Eff. July 1, 1998. Former Rule 1464.4, renumbered as Rule 1441.4, eff. January 1, 2018.) Rule 1461.5 An attorney who has obtained an order for fees will be deemed to have waived any objection to going to trial before the payment of their fees unless objections are made to the Presiding Judge at least five days before the date set for trial. (Former Rule 1114, et seq., eff. May 27, 1982. Renumbered as Rule 1434 et seq., eff. July 1, 1998. Amended, eff. July 1, 2000. Former Rule 1434.5, amended and renumbered as Rule 1461.5, eff. January 1, 2018.)
CHAPTER 14 ATTORNEY/INVESTIGATOR/EXPERT FEES ATTORNEY FEES – GENERAL RULE 1400 APPOINTED ATTORNEY SERVICE FEE SCHEDULES Attorneys appointed by the Court may not charge fees for their services in excess of the Rates and limits set forth in the Appointed Services Fee Schedule, available on the Court’s website and from the Court Executive Office. (Eff. July 1, 2011. Amended, eff. July 1, 2012, and Ju
Reviewer note: Composed 2026-10-07 (California T4 San Bernardino build 2026-10-07) from BenchPath custody ca/t4/ca-san-bernardino/docs/local-rules/rulesofcourt.pdf (1185461 bytes, sha256 d6522f541ac18b5d604318763e09eff2cb8c22c4442a284858e16d3a7bf12d97; 130 pages; this chapter is pages 57 to 66) with the shared verbatim composer (v2 reflow). The book is a redline (“All new content has been underlined. Content to be deleted is stricken through”): the struck-through text is not in force and was taken out as chrome, the underlined text kept; the running header (Superior Court of California, County of San Bernardino), the page numbers and Word's hidden bookmark labels removed as chrome; the front matter, subject index and local forms lists belong to no chapter card; 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 (whitespace only, read on the page; the proofs hold): the stacked chapter heading set as two lines.
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.