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Rules 1-100 to 1-113: the rules cited as the Local Rules of the Superior Court of California, for the County of San Joaquin, supplementary to the Judicial Council's rules, superseding all rules previously adopted and applicable in all judicial districts of the county (1-100); the General Calendar of the time, place and special requirements for court business, ascertained from the Clerk before a matter is noticed (1-101); jurors - the source list of registered voters and the Department of Motor Vehicles lists of licensed drivers and identification cardholders 18 years old or older (Code of Civil Procedure section 197(b)), the countywide master list for the Stockton Courthouse, master lists by zip code for limited jurisdiction cases in the Lodi branch and in the Manteca or Tracy branches, and deferral rather than excuse for a temporary or marginal hardship, generally for no longer than 90 days (1-102); interpreters - a minimum of five (5) business days' notice, requests on the Interpreter Request Form, and notice at least two business days before the hearing when an interpreter is no longer needed, or the court may bill the costs (1-104); the Executive Officer, acting as Clerk of the Superior Court and performing the duties of Jury Commissioner of the County (1-105); firearms barred from the Stockton Courthouse at 180 E. Weber Avenue, the branch court buildings and wings and every courtroom, with the exemptions for peace officers on official business and for a firearm in evidence shown to the bailiff - punishable as contempt of court (1-106); media coverage under California Rules of Court, Rule 1.150 - the Judicial Council form submitted to the Public Information Office at least 5 court days before the hearing, no ex-parte contact with the presiding judge, and the limits on photographing jurors, spectators and the line into the Jury Assembly Room, within a 10-foot radius of a courtroom door in the Stockton Courthouse, and in the Juvenile Justice Center (1-107); camera phones and recording equipment (Eff. 07/01/2026) - prohibited in courtrooms and jury rooms without advance permission, no photographing of anyone wearing a juror badge, none in the Juvenile Justice Center or the branch locations except the public corridors of the Stockton, Manteca, and Lodi branches, copies of official court records with one's own device in the Clerk's Office (Government Code § 68510), confiscation, and punishment under Code of Civil Procedure section 177.5 or for contempt (1-108); commissioners and juvenile court referees appointed judges pro tempore (1-109); dangerous, large or bulky exhibits - the judge's permission, substitutes, sealing, tagging and returns with a photographic record - and exhibits marked consecutively with numbers (plaintiff, petitioner or the People) or letters (defendant or respondent), viewing, temporary release and return (Penal Code §§ 1417.2, 1417.3 and 1417.5; Code of Civil Procedure §§ 1952(a) and 1952.2) (1-110); a judicial vacation day (1-111); the selection of court commissioners (1-112); and electronic recording of limited civil, misdemeanor and infraction proceedings when no official reporter is available (Government Code §69957), transcripts through the Records Management Division (1-113).
RULE 1 GENERAL 1-100. EFFECT OF RULES, CITATION OF RULES AND CONSTRUCTION (Eff. 01/01/21) A. These rules shall be known and cited as “Local Rules of the Superior Court of California, for the County of San Joaquin” and shall at all times be supplementary to and subject to any and all rules adopted by the Judicial Council of the State of California. These rules shall become effective January 1, 2021
Reviewer note: Composed 2026-10-10 (California T4 San Joaquin build 2026-10-10) from BenchPath custody ca/t4/ca-san-joaquin/docs/2026-06/Local Rules eff. 7-1-26.pdf (the court's rule book, its cover “Superior Court of California, County of San Joaquin LOCAL RULES – Eff. July 1, 2026”, as fetched 2026-10-10; 1668255 bytes, sha256 2395f1c945c810c9e4104959200fae9e0b55aac1ead336e7b61a246cce5b08e3; 152 pages) with the shared verbatim composer (v2 reflow) in one run over PDF pages 10 to 130 (Rules 1 to 10), cut at each rule's heading (“RULE 1 GENERAL” to “RULE 10 APPELLATE DIVISION”) and, in Rule 4, at its part headings (“PART TWO – DECEDENT ESTATES” to Part Nine) into 18 cards: each page's running header (“Superior Court of California” / “for the County of San Joaquin”) and its page number removed as chrome (363 items on the 121 pages); lines reflowed into the rules' paragraphs; no struck run on any of the 152 pages (review/strike-report-2026-10-10.txt); 4 whitespace-only fixes (build/book-fixes.json: Rule 3-105's title, run into its first sentence, set on its own line as printed; the titles of Rules 3-111 and 7-102.5, which the composition broke before their last printed line, rejoined; and in Rule 5-411 the paragraph gap the page prints after “outlined by” kept as a line break); the vertical-gap, short-line and extra audits (review/book-audits-2026-10-10.txt) find no other, each item they list read against its page; no same-character fix; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (the bench: “Judges of the Superior Court” and the commissioners), the table of contents (pages 2 to 9), the Local Form List (pages 131 to 142) and the index (pages 143 to 152) belong to no card. Review note: Carried as printed: Rule 1-105's "Government Code section 68114.6to" and "California Rules of Court, Rule 207"; Rule 1-108's "Government Code §68151(A)(1)"; in Rule 1-110, A.1.d (explosive devices) gives the examples A.1.e gives for flammable liquids, A.1.h reads "pyramiding, morphine, or piper dine" and E reads "the portion returned by substituted for the exhibit"; under the rule's heading EXHIBITS, B reads "security attached" and D prints "may be obtained by stipulation of the parties or by noticed motion" twice; and Rule 1-113's "the electronica recording".
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.
California > Third Appellate District > San Joaquin County > Superior Court of California, County of San Joaquin
RULE 1 GENERAL 1-100. EFFECT OF RULES, CITATION OF RULES AND CONSTRUCTION (Eff. 01/01/21) A. These rules shall be known and cited as “Local Rules of the Superior Court of California, for the County of San Joaquin” and shall at all times be supplementary to and subject to any and all rules adopted by the Judicial Council of the State of California. These rules shall become effective January 1, 2021, and these new rules shall have no retroactive effect or application whatsoever. These rules shall, on the date when they become effective, supersede all rules previously adopted by this court and all previously adopted rules are repealed. B. Unless otherwise provided in these rules, all rules set forth herein are applicable in all judicial districts in this county. (Eff.01/01/21) 1-101. COURT CALENDARS (Eff. 07/01/98) The court's business is distributed in accordance with its latest "General Calendar," which sets forth the time, place, and any special requirements adopted by the court for hearing the various types of court business. Before applying or noticing any matter for hearing or for trial, the moving party should ascertain the latest calendar requirements from the Clerk of the Superior Court. (Eff. 07/01/98) 1-102. SELECTION AND IMPANELMENT OF JURORS (Eff. 07/01/17) A. Source Lists: As authorized in Code of Civil Procedure section 197(b), the juror source list used by the Jury Commissioner shall be a list consisting of the combination of the list of registered voters in San Joaquin County and the Department of Motor Vehicles lists of licensed drivers and California identification cardholders who are 18 years old or older who reside in San Joaquin County. 1. Prospective jurors shall be summoned for jury service for limited and unlimited jurisdiction cases heard in the Stockton Courthouse from the countywide master list. Prospective jurors summoned for trials transferred from Stockton to the Lodi, Manteca, or Tracy branches shall also be summoned from the countywide master list. Prospective jurors summoned for limited jurisdiction trials and misdemeanors trials transferred from Stockton to the Lodi, Manteca, or Tracy Branches shall be summoned from the master list for the area served by the court to which the case is transferred. 2. Prospective jurors shall be summoned for jury service for limited jurisdiction cases heard in the Lodi branch from a master list consisting of residents who live in the area served by that court. The area served by that court is defined by the following zip codes: 95220, 95227, 95237, 95240, 95241, 95242, 95253, 95254, 95258, 95632 and 95686. 3. Prospective jurors shall be summoned for jury service for limited jurisdiction cases heard in either the Manteca or Tracy branches from a master list consisting of residents who live in the area served by both of those courts. The areas served by those courts are defined by the following zip codes: 95231, 95320, 95330, 95336, 95337, 95361, 95366, 95367, 95304, 95376, 95377, 95378, 95385 and 95391. B. Deferral of Jurors Who Appear Pursuant to Summon: When a summoned juror appears for jury service and advises the trial court of a circumstance that amounts to a temporary or marginal hardship, the juror shall be deferred instead of excused. Except when necessary to avoid a temporary or marginal hardship deferrals should be granted for no longer than 90 days. Hardships that warrant deferral under this section include: 1. A temporary illness of the juror or temporary illness of a person for whom the juror renders care; 2. A medical appointment that cannot be rescheduled or postponed; 3. A scheduled vacation which involves prepaid commitments, involves the scheduled vacation of the juror’s family, or a vacation that cannot otherwise be conveniently rescheduled. 4. A work hardship or important business demand such as the temporary unavailability of someone to take the place of the juror, a training program the juror is scheduled to attend, or some other work demand of a nonrecurring nature which cannot be conveniently rescheduled; 5. Seasonal employment; 6. Jury service would jeopardize the academic standing of a prospective juror who is a student or set the prospective juror back in completing an academic program; and 7. Any other legitimate temporary or marginal hardship not expressly defined that, in the opinion of the trial court, would justify a deferral. (Eff. 07/01/17) 1-103. “RESERVED FOR FUTURE USE” (Eff. 07/01/15) 1-104. INTERPRETERS (Eff. 07/01/15) A. Parties must provide the court with a minimum of five (5) business days’ notice (for all languages, including American Sign) to ensure that an interpreter will be available. The court may waive this requirement in extenuating circumstances. B. Requests to the court for interpreter services shall be submitted on the Interpreter Request Form available on the court’s public website. C. Where it is later determined that the interpreter is not needed, the party or counsel shall provide notice to the court at least two business days before the hearing. If such notice is not provided and the court incurs costs of the interpreter, the court may bill the requesting party for such costs. (Eff. 07/01/15) 1-105. TRANSFER OF ADMINISTRATIVE PROCEDURES (Eff. 01/01/99) A majority of the judges may appoint an Executive Officer of the Superior Court pursuant to Government Code section 68114.6to serve as the chief administrative officer of the court, who shall also act as Clerk of the Superior Court and perform the duties of Jury Commissioner of the County. His or her duties are those contained in his or her job description, in California Rules of Court, Rule 207, and as further assigned by the Presiding Judge. (Eff. 01/01/99). 1-106. FIREARMS (Eff. 07/01/17) A. Except as specified below, no person shall bring any firearm into: B. The Stockton Courthouse at 180 E. Weber Avenue in Stockton, California; C. The court wing of Dept. L1 located at 230 W. Elm Street, Lodi, California; D. The building which houses Department L2 located at 315 W. Elm Street, Lodi, California; E. The main lobby entrance or courtrooms of Departments M1 and M2 located at 315 E. Center Street, Manteca, California; F. The main lobby entrance or courtrooms of Departments T1 and T2 located at 475 E. Tenth Street, Tracy, California; G. The court wing beginning at the door entry to the metal detectors of the building that houses Departments J1, J2, and J3 located at 535 W. Matthews Road in French Camp; or H. Any courtroom located anywhere in the county. The following persons are exempt from the above rule: I. A duly appointed peace officer of this state, or of another state or the federal government who is carrying out official duties while in California, who is on official business and not a litigant in any matter for which they are present. No peace officer, or any other person, shall carry a firearm into a courtroom when they are a litigant in any matter for which they are present. J. A peace officer as described above, attorney in a matter, or investigator who is not a litigant and has a firearm that is evidence in the matter in that courtroom. Such individual must notify the bailiff of the presence of the firearm and provide the firearm to the bailiff for inspection prior to entry into the courtroom or immediately thereafter. Failure to abide by this rule will be punishable as contempt of court. (Eff. 07/01/17) 1-107. MEDIA COVERAGE (Eff. 01/01/18) A. This rule is established under the authority recognized in subdivision (e)(4) of California Rules of Court, Rule 1.150 to supplement Rule 1.150. The words and phrases used in this rule have the same meanings as in Rule 1.150. Nothing in this rule changes or affects the procedures established in the California Rules of Court regarding the coverage of court proceedings by electronic media. B. Knowledge of the Rule California Rules of Court, Rule 1.150, subdivision (e)(4) requires that each media agency is responsible for ensuring that all of its personnel who cover court proceedings know and follow Rule 1.150. Each media agency shall also be responsible for ensuring that its personnel know and follow this rule. C. Media Requests 1. The approved Judicial Council form must be submitted to the court’s Public Information Office. This shall be done at least 5 court days before the hearing unless the request involves a new case, advanced hearing, or there is other good cause for submitting the form fewer than 5 court days before the hearing. 2. Media personnel, representatives of media agencies, and attorneys for media agencies shall not communicate with the assigned judge or presiding judge concerning a request to modify an order issued under California Rules of Court, Rule 1.150 or this local rule other than by the approved Judicial Council form, written application noticed to the litigants, or at a public hearing. Any media agency aggrieved by the provisions of this local rule or aggrieved by an order made pursuant to this local rule concerning areas outside a courtroom may apply to the presiding judge to modify the application of the rule or order or to be exempted from it. A written application to the presiding judge shall be submitted to the Public Information Office, but shall first be served upon the parties in any litigation that is the subject of the media request. An oral application may only be made at a hearing and only when any affected parties in the subject litigation have been given notice of the hearing. Media personnel, representatives of media agencies, and attorneys for media agencies shall not make ex-parte contact with the presiding judge when applying for a modification or exemption. The hearing shall be scheduled by contacting the Public Information Office. D. Coverage Inside of the Courthouse 1. Purpose Metal detection and other security measures are installed at the entrance of the court’s courthouses. Prospective and sworn jurors, witnesses, spectators, litigants, and their children often congregate in common areas of the Courthouse including hallways, lobbies, and entry areas. Often these common areas are quite congested. The Lodi, Manteca, Tracy, and Juvenile Justice Center have lobby areas where prospective and sworn jurors, witnesses, spectators, litigants, and children congregate. Photographing, videotaping, filming, broadcasting in these areas may interfere with those activities, including security operations. Accordingly, this subdivision is established to: (a) Protect the privacy rights of prospective jurors, seated jurors, witnesses, victims, and court spectators as contemplated by subdivisions (e)(3)(E) and (e)(6)(D) of California Rules of Court, Rule 1.150. (b) Preserve the security of the court and the safety of people in the courthouse as contemplated by subdivision (e)(3)(O) of Rule 1.150. (c) Preserve the dignity of the court and prevent interference with the orderly conduct of proceedings in courtrooms as contemplated in subdivisions (e)(3)(O), (R), and (Q) of Rule 1.150 which could be affected by disruptions in the hallways outside of courtrooms. 2. Jurors Photographing, videotaping, filming, broadcasting, and electronic recording of jurors in the courtroom is prohibited by subdivision (e)(6)(D) of California Rules of Court, Rule 1.150. Except as provided below, the photographing, videotaping, filming, broadcasting, and electronic recording of anyone wearing a juror badge, whether intentional or inadvertent, in any courtroom or courthouse of the San Joaquin Superior Court is also prohibited. The photographing, videotaping, filming, broadcasting, and electronic recording of anyone standing in line going into the Jury Assembly Room at the Stockton Courthouse is prohibited. The faces of anyone wearing juror badges or anyone standing in line going into the Jury Assembly Room at the Stockton Courthouse inadvertently depicted in the background of any photograph or videotape must be blurred or digitized beyond recognition before being published or broadcasted. Photographing, videotaping, filming, broadcasting, and electronic recording of prospective jurors who have been discharged from service, seated jurors who have been discharged from service or alternates who have been discharged from service is permitted in the courthouse only when that person consents. 3. Spectators (a) Photographing, videotaping, filming, broadcasting, and electronic recording of courtroom spectators is prohibited by subdivision (e)(6)(D) of Rule 1.150. This prohibition shall apply to the photographing or videotaping of any person while seated in any San Joaquin Superior Court courtroom audience, regardless of whether that person participated in the case or is scheduled to participate in the case as a witness or any other capacity. The faces of spectators depicted in the background of any photograph or videotape must be blurred or digitized beyond recognition before being published or broadcasted. When courtroom photography or videotaping is permitted, the court will work with the media to situate photographers in positions where spectators are not likely to be depicted in the background. (b) The prohibition against photographing, videotaping, filming, broadcasting, or electronic recording of spectators shall not apply to any person situated in the audience who becomes disruptive or who addresses the court if Rule 1.150 authorization has previously been granted for those proceedings. However, the judge who authorizes a Rule 1.150 request may prohibit in advance the photographing, videotaping, filming, broadcasting, or electronic recording of spectators who become disruptive or who address the court when granting the Rule 1.150 request. 4. Stockton Courthouse Unless approved by written order of the presiding judge of this court or a judicial officer designated by the presiding judge, photographing, videotaping, filming, broadcasting, and electronic recording of any kind, other than handheld recording devices used for personal note taking, is prohibited in the following parts of the Stockton Courthouse: (a) In any hallway by a photographer who is situated within a 10-foot radius of the doors to any courtroom. Photographers must situate themselves outside the 10-foot radius so as to not inhibit or obstruct entry into or exit from the courtroom. Unless there is consent, photographers and media personnel shall not inhibit or obstruct any person’s movements anywhere in the courthouse. (b) Through a door window or open courtroom door from the hallway outside of any courtroom into that courtroom unless authorized by order of the judge presiding in that courtroom. (c) In the Jury Assembly Room, from the hallway into the Jury Assembly Room, or in any jury deliberation room. 5. Stockton Courthouse – Hallways and Lobby (a) Sheriff’s court security staff has the authority to order members of the public, including members of the media, to move out of the way in hallways and other public areas in the courthouse. (b) Members of the public, including members of the media, shall not obstruct or compromise the security operations in the lobby or elsewhere in the courthouse. Sheriff’s court security staff has the authority to determine when security operations are compromised or obstructed by persons in the lobby or elsewhere. Members of the media must comply whenever a sheriff’s court security supervisor or supervisor of weapons screening determines that security operations are compromised or obstructed by the media presence and orders them to move out of the lobby or elsewhere. (c) Members of the media shall not obstruct the movements of any individual walking anywhere in the courthouse without that person’s consent. 6. Juvenile Justice Center Unless approved by written order of the presiding juvenile judge or a judicial officer designated by the presiding juvenile judge, photographing, videotaping, filming, broadcasting, and electronic recording of any kind other than handheld recording devices used for personal note taking is prohibited anywhere in the Juvenile Justice Center branch. Cameras and recording devices shall be turned off while being transported in any area within this branch. 7. Handheld Audio Recording Equipment Other than in the courtrooms, the use of handheld audio recording equipment for note-taking purposes is not prohibited in the courthouse. 8. Obstructions Outside of the Courthouse Photographing, videotaping, filming, broadcasting, and electronic recording outside a courthouse, but on San Joaquin Superior Court property is not prohibited. However, such media coverage shall not obstruct pedestrian traffic or compromise security. 9. Additional Orders On occasion, the media interest in a given court proceeding may be so intensive that additional prohibitions are warranted to satisfy the concerns listed in this local rule. Accordingly, when such is the case or when other circumstances warrant, the presiding judge or judicial officer designated by the presiding judge shall make whatever orders are necessary governing photographing, videotaping, audio recording, and broadcasting in the hallways, stairwells, elevators and other areas within any of the courthouse branches. 10. Media Coverage in Courtrooms Photographing, videotaping, filming, broadcasting inside of courtrooms shall continue to be governed by California Rules of Court, Rule1.150 and any other rules established by the California Judicial Council. E. Rule Violations Violations of this local rule or any orders of the court may be addressed in the ways listed in subdivision (f) of California Rules of Court, Rule1.150. Additionally, any media agency that violates any provision in Rule 1.150 or this local rule may be prohibited from photography, videotaping, filming, broadcasting or electronic recording of future court proceedings inside courtrooms. (Eff. 01/01/18) 1-108. USE OF CAMERA PHONES, OTHER PHOTOGRAPHIC EQUIPMENT AND AUDIO RECORDING EQUIPMENT (Eff. 07/01/2026) A. This local rule covers the use of any photographic, video and audio recording or transmission equipment by people not working in a media capacity. For purposes of this rule, photographic equipment includes, but is not limited to: cameras, camera phones, and video recording cameras. B. The use of photographic equipment and audio recording or transmission equipment in any Superior Court of California, County of San Joaquin courtroom, including through a courtroom door window into any courtroom, or from an entryway into a courtroom, is prohibited without the advance permission of the judge. C. The use of photographic equipment or audio recording or transmission equipment in any jury assembly room or juror deliberation room, through a window into such rooms, or into any such rooms from any vantage point outside of such rooms is prohibited without advance permission of the Presiding Judge, Jury Commissioner, or their designees. D. Photographing, videotaping, filming, and electronic recording of anyone wearing a juror badge anywhere inside a courthouse is prohibited. Photographing, videotaping, filming, and electronic recording of anyone standing in line awaiting entry into a jury assembly room is also prohibited. E. Unless approved by written order of the presiding judge or a judicial officer designated by the presiding judge, photographing, videotaping, filming, broadcasting, and electronic recording is prohibited anywhere in the Juvenile Justice Center and in all other branch locations, except in the public corridors of the Stockton, Manteca, and Lodi branches. F. The prohibitions against photographing, videotaping, filming, and electronic recording outside of a courtroom any persons listed in sections B through E of this rule do not apply if such person consents. Nothing in this rule shall be read to prohibit photography associated with weddings, as long as persons who are prohibited from being photographed in this rule are not depicted in such photos. G. The use of any device to photograph, videotape, film, or electronic recording to copy, reproduce, or transmit official Court records and exhibits in the Clerk’s Office is permitted as defined in this rule and Government Code § 68510. A member of the public who seeks to use their own device must first inform the clerk of this intended purpose. Personal devices may be used in the Clerk’s offices solely to make a digital copy of the official public court file, consisting of court documents as defined in the Government Code §68151(A)(1). Violation of this rule may result in the confiscation of the device, and the Court Clerk or designee may request that the recording/photograph on the device be erased by the owner.(Eff. 07/01/26) H. Photography, video, and electronic recording equipment used in violation of this rule is subject to confiscation. Any person who is a party, witness, or attorney of a party and who violates this rule is subject to punishment under Code of Civil Procedure section 177.5. Any other person who violates this rule is subject to punishment for contempt of court. (Eff. 07/01/05) 1-109. COMMISSIONERS JUVENILE COURT REFEREES APPOINTED JUDGE PRO TEMPORE Eff. 07/01/19) Commissioners and Juvenile Court Referees of the San Joaquin Superior Court are appointed Judge Pro Tempore in all matters calendared, or otherwise assigned, to them. They are granted full judicial power until a final determination of the matter. (Eff. 07/01/19) 1-110. DANGEROUS, LARGE OR BULKY EXHIBITS (Eff. 07/01/05) A. Permission from the judge assigned to the hearing or trial must be obtained before a party may bring dangerous, large or bulky exhibits into the courthouse. If possible, the party should substitute a photograph, technical report, or dummy object for proposed exhibits which are either: 1. Inherently dangerous, such as: a. Firearms; b. Any type of explosive powder; c. Explosive chemicals, toluene, ethane; d. Explosive devices, such as gasoline, kerosene, lighter fluid, paint thinner, ethyl ether; e. Flammable liquids such as gasoline, kerosene, lighter fluid, paint thinner, ethyl ether; f. Canisters containing tear gas, mace; g. Rags which have been soaked with flammable liquids; h. Liquid drugs such as phencyclidine (PCP), methamphetamine, corrosive liquids, pyramiding, morphine, or piper dine; i. Samples of any bodily fluids, liquid or dried; or j. Controlled or toxic substances. 2. Large and cumbersome, such as a ladder, sewer pipe, or automobile chassis. If a party believes the exhibit should be brought into the courtroom without substitution, an application for permission must be made in writing and describe the materials to be brought into the courtroom and the reason a substitution should not be made. The option of viewing the materials at another location may be considered by the court. B. Evidence received in any case shall be limited to those items required in the case and shall be retained by the court for the minimum time required by law, unless good cause is shown to retain the evidence longer. C. No exhibits shall be accepted by the clerk or exhibits custodian unless: 1. All containers of controlled or toxic substances are securely sealed to safeguard court personnel, so that the contents cannot be spilled and odors cannot be emitted; 2. All containers of liquid substances, including bodily fluids, are securely sealed to safeguard court personnel, so personnel are not exposed to the contents and odors cannot be emitted; 3. All objects containing bodily fluids or dangerous, controlled or toxic substances (e.g., bloody shirt, gasoline-soaked rag, etc.) are placed in securely sealed containers so that odors cannot be emitted and court personnel are safeguarded. 4. All firearms are secured by a nylon tie or trigger guard, and have been examined by the bailiff to determine that they have been rendered inoperable; 5. All sharp objects, such as hypodermic needles, knives, and glass are placed in securely sealed containers which will safeguard personnel; 6. All containers with liquid substances are clearly marked and identified as to type and amount; 7. All containers of controlled substances are clearly marked, identified, weighed and sealed; 8. All cash is specifically identified, whether individually or packaged, as to the total amount and number of each denomination. D. All exhibits must be individually tagged with the proper exhibit tag, properly completed and securely attached to the exhibit. Any exhibit improperly tagged, marked, weighed, or identified will not be accepted by the court. Unless otherwise ordered, unidentified or improperly identified liquids, containers, controlled substances, or other suspect substances shall be returned to the party offering them. E. When a dangerous, large or bulky exhibit that has been marked and identified or received in evidence poses a security, storage or safety problem, on recommendation of the clerk of the court or any party or the court’s own motion, the court may order that all or a portion of it be returned to the party that offered it. In the case of exhibits offered by the prosecutor in a criminal case, the court may order that the exhibit be returned to the law enforcement agency involved. The order shall require that a full and complete photographic record of the exhibit or the portion returned by substituted for the exhibit. The party who offered the exhibit shall provide the photographic record. The party or agency to whom the exhibit is returned shall be responsible for maintaining and preserving the exhibit until there is a final disposition of the action or proceeding. All exhibit tags and other identifying markings or information concerning each exhibit shall remain in place and shall not be disturbed. Each exhibit shall be maintained intact and in the same condition as during trial. In the event further proceedings of any court having jurisdiction of the matter require the presence of the exhibit, the party or agency to whom it was returned shall promptly deliver the exhibit to the court, with notice to all parties. EXHIBITS A. Exhibits submitted by plaintiff, petitioner or the People should be marked consecutively with numbers. Exhibits submitted by defendant or respondent should be marked consecutively with letters. B. All exhibits must be individually tagged with the proper exhibit tag. Each exhibit tag must be properly completed and security attached to the exhibit. Any exhibit improperly tagged will not be accepted by the court. Original photographs or 8 1/2 x 11-inch copies shall be substituted for any photographically enlarged or oversized exhibits. C. Prior to the final determination of an action or proceeding, only attorneys of record, self-represented parties and court employees may view the exhibits. All other interested persons must obtain an order of the court to view the exhibits. Viewings shall take place in the presence of an exhibit custodian. Exhibits may not be altered or taken apart, except by court order. D. Any party to the action may seek temporary release of exhibits for copying or laboratory testing. An order for temporary release may be obtained by stipulation of the parties or by noticed motion. The party seeking the release may be obtained by stipulation of the parties or by noticed motion. The party seeking the release must present the original signed order and one copy to the exhibit custodian. The order must include the case number, names of the parties, name and telephone number of the person to whom the exhibits are to be released, a description of the exhibits, and the date the exhibits are to be returned. The party seeking release may be required to provide a full and complete photographic record of the exhibit before it will be released. E. Exhibits received in a criminal matter may be used in a civil action, upon stipulation signed by the prosecutor and criminal defense counsel (including appellate counsel, if applicable) or on noticed motion, with notice being given to all parties in the civil and criminal cases. The stipulation or motion shall bear the criminal case caption and number, be filed in the criminal case, and reference the civil case by name and number. F. On order of the court, at the conclusion of the trial or hearing, any exhibit that has been marked for identification but not introduced or received in evidence at trial, may be returned to the party that offered it. Counsel must preserve and maintain all returned exhibits until the time for appeal has passed. G. Exhibits received in evidence at the trial or a hearing in a criminal case may be returned by the court to the party who offered them, in accordance with Penal Code §§ 1417.2, 1417.3 and 1417.5. Exhibits received in evidence at the trial or a hearing in a civil case may be returned by the court to the party who offered them, in accordance with Code of Civil Procedure §§ 1952(a) and 1952.2. (Eff. 07/01/05) 1-111. JUDICIAL VACATION DAY DEFINED (Eff. 07/01/08) Time away from the court for more than one-half day for vacation purposes shall be deemed as a full day of vacation. (Eff. 07/01/08) 1-112. SELECTION OF COURT COMMISSIONERS (Eff. 07/01/10) The following procedure for the hiring of court commissioners is adopted by the judges of San Joaquin County: 1. Initial applications for commissioner positions shall be screened by the Human Resources Department to ensure applicants meet the minimum qualifications required for the position. 2. The presiding judge, with the advice of the Executive Committee, shall establish two committees for the purpose of first reviewing and selecting the most qualified applications and then interviewing candidates for the commissioner position. For each committee, the presiding judge shall select among judges who volunteer for the committees and shall choose at least one representative from those judges with a current criminal assignment, one with a current civil assignment and one judge who was formerly a commissioner. In the event the opening is for a 1058 commissioner, then the committees shall include a judge with family law experience. The number of judges who serve on each committee shall be at the discretion of the presiding judge. a. The first committee shall review the qualified applications and select the applicants that the committee deems most qualified. b. The second committee shall interview the applicants chosen by the first committee. This committee shall determine which of these applicants shall make a presentation to the entire bench. 3. The bench shall choose the most qualified candidate following a presentation by each of the applicants chosen by the second committee. (Eff. 07/01/10) 1-113. ELECTRONIC RECORDING OF COURT PROCEEDINGS (Eff. 1/1/2023) A. Pursuant to Government Code §69957, in limited civil actions and criminal misdemeanor and infraction proceedings, if an official reporter or an official reporter pro tempore is unavailable to report an action or proceeding in a court, the court may utilize electronic recording as a means of generating a record of proceedings, including all the testimony, the objections made, the ruling of the court, the exceptions taken, all arraignments, pleas, and sentences of defendants in criminal cases, the arguments of the attorneys to the jury, and all statements and remarks made and oral instructions given by the judge. In these instances, a transcript derived from the electronic recording shall be utilized whenever a transcript of court proceedings is required. To obtain a transcript derived from the electronica recording, the parties to such proceeding may contact the Records Management Division. The requesting party will be responsible for all associated fees and costs to obtain the transcript of the electronic recording. B. An electronic recording may also be made for the purpose of monitoring subordinate judicial officer performance. In these instances, the electronic recording shall not be used for any other purpose and shall not be made publicly available. In accordance with Government Code §69957, the court will post notice outside of a courtroom where proceedings are being recorded.
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.