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Chapter 7 (Ex Parte and Other Applications; rules 731–742): civil ex parte applications (Rule 731); remote appearance at the hearing on a domestic violence or gun violence restraining order, with form RA-010 (Rule 735); guardian ad litem applications (Rule 740); shortening or extending time (Rule 741); and appointment of counsel for military personnel (Rule 742).
California > Fourth Appellate District > San Bernardino County > Superior Court of California, County of San Bernardino
CHAPTER 7 EX PARTE AND OTHER APPLICATIONS RULE 731 CIVIL EX PARTE APPLICATIONS All ex parte applications must be filed with the Court no later than 12:00 P.M. on the court day preceding the day of the scheduled hearing on the ex parte application. A party seeking an ex parte order must notify all parties no later than 10:00 A.M. on the court day before the ex parte appearance as provided by the California Rules of Court, rule 3.1203. The parties shall comply with California Rules of Court, rule 3.1206 regarding service of ex parte application and opposition papers. No application for an ex parte order, except for the appointment of a guardian ad litem or the approval of an undertaking or an attachment, shall be made until any required filing or other fee has been paid. (Eff. July 1, 2011. Former Rule 731.1; renumbered as Rule 731 and amended, eff. January 1, 2017.) RULE 735 REMOTE APPEARANCE ON DOMESTIC VIOLENCE RESTRAINING ORDER OR GUN VIOLENCE RESTRAINING ORDER (a) Pursuant to Family Code section 6308, the Court may permit a party, support person (as defined in Family Code section 6303), or witness(es) to appear remotely at the hearing on a petition for a domestic violence restraining order. Pursuant to Penal Code section 18123, the Court permits party(s) or witness(es) to appear remotely at the hearing on gun violence restraining order. (b) If remote appearance is elected, the proceedings will be conducted by remote video and/or audio communications. (c) The party is required to submit form RA-010 (Notice of Remote Appearance) to the Court for filing. The form may be electronically filed or submitted in person to the court location where the petition has been or will be filed. The form could be filed simultaneously with the petition for domestic violence or gun violence restraining order or presented for filing at least one (1) court day before the scheduled hearing date. (d) If a party elects to appear remotely, the party’s support person or witnesses shall appear remotely for the hearing to provide their witness statement, if called upon. (e) All exhibits intended to be used at the remote appearance should be submitted to the Court with their initial filing. (Eff. January 1, 2024) RULE 740 GUARDIAN AD LITEM APPLICATIONS Every application for the appointment of a guardian ad litem shall be captioned as the proposed or pending action, be accompanied by the written consent of the person nominated and, if the ward is over fourteen years of age, of the one for whom the guardian is sought. If the latter is a defendant, the application shall state the date on which the defendant was served. No application shall be presented for the nomination of any person who is a party to the action or has any adverse interest or which might be prejudicial to the ward or who is not able or disposed to counsel with the ward or to actively and competently prosecute or defend the interest of the ward in the action or proceeding. (Eff. July 1, 1998. Former Rule 740.1; renumbered as Rule 740 and amended, eff. January 1, 2017.) RULE 741 SHORTENING OR EXTENDING TIME An application for an order shortening or extending time for the service of a notice shall state any previous extension, any expiration date and the facts showing good cause for granting the application. (Eff. July 1, 1998. Former rule 740.3, renumbered as Rule 741, eff. January 1, 2017.) RULE 742 APPOINTMENT OF COUNSEL FOR MILITARY PERSONNEL An application for the appointment of an attorney for a defendant in military service shall state the branch of such service, his/her service mailing address, when the time to answer or demur expires, whether any pleading has been filed on his/her behalf, and any other pertinent facts. (Eff. July 1, 1998. Former rule 740.4, renumbered as Rule 742 and amended, eff. January 1, 2017.)
CHAPTER 7 EX PARTE AND OTHER APPLICATIONS RULE 731 CIVIL EX PARTE APPLICATIONS All ex parte applications must be filed with the Court no later than 12:00 P.M. on the court day preceding the day of the scheduled hearing on the ex parte application. A party seeking an ex parte order must notify all parties no later than 10:00 A.M. on the court day before the ex parte appearance as provided by the Ca
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 45 to 46) 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.
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.