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Rules 4-801 to 4-804: attorney fees in compromises for minors or disabled persons paid only after the receipt, declaration or other documentation confirming the deposit the order requires is filed (4-801); settlements with a single premium deferred annuity - an exemplar contract and payment schedule, the minor's or disabled person's estate as contingent beneficiary, and the issuer's rating (4-802); settlements creating a special needs or other trust (Probate Code § 3600 et seq.; §§ 3602, 3604 or 3611) - the trust petition filed under a separate case number for approval with or before the compromise, no payment to the trustee before the trust is approved, and the Acceptance of Trust and receipt of funds within 30 days (4-803); and attachment limits - 50 pages, or 100 pages for a special needs trust, without the Court's authorization, petitions over the limits rejected, and an ex parte application listing and justifying additional attachments (4-804).
California > Third Appellate District > San Joaquin County > Superior Court of California, County of San Joaquin
PART EIGHT – MINORS COMPROMISE 4-801. ATTORNEY FEES IN CASES INVOLVING MINORS OR DISABLED PERSONS (Eff. 01/01/20) It is the duty of the attorney to assure that funds are deposited in accordance with the order approving compromise. Attorney’s fees shall not be paid until a receipt, declaration and/or other documentation required by the Court confirming adherence to the order approving compromise is filed with the Court. (Eff. 01/01/20; Rev. 07/01/22) 4-802. SETTLEMENTS WITH AN ANNUITY (Eff. 01/01/11) Where the settlement includes the purchase of a single premium deferred annuity, an exemplar of the proposed annuity contract and schedule of payments to be made must be attached to the petition. The annuity shall provide that the contingent beneficiary is the minor’s or the disabled person’s estate. The rating of the company issuing the annuity shall be disclosed in the petition. (Eff. 01/01/11) 4-803. SETTLEMENTS CREATING A TRUST (Eff. 01/01/20) Where the settlement includes the establishment of a special needs trust, or other trust: A. In all cases where a petition to approve the compromise of a claim of a minor or person with disability filed under Probate Code § 3600 et seq. proposes to have the settlement funds distributable to the minor or person with disability administered under a special needs trust or other trust, as provided in Probate Code section §§ 3602, 3604 or 3611, the petition to establish the special needs trust or other trust must be filed under a separate case number, for approval concurrently or before the Minors Compromise. B. No payment or transmittal of the proceeds of the settlement agreement or judgment distributable to the minor or person with disability shall be made to the trustee until the special needs trust or other trust has been approved for establishment. C. The order approving the settlement shall provide, as a condition of final approval of the settlement, that the trustee shall file an Acceptance of Trust and receipt of funds within 30 days of the order being filed. (Eff. 01/01/20; Rev. 07/01/22) 4-804. ATTACHMENT LIMITS (Eff. 07/01/21) A. The attachments to any Petition or Expedited Petition for compromise for a minor or incapacitated person shall not exceed 50 pages, without authorization from the Court, or falling under Paragraph B below. B. If the petition requests the settlement be distributed to a special needs trust, the attachments shall not exceed 100 pages, without authorization from the Court. C. Attachments shall include any declaration and/or supplement either attached or filed separate to the Petition or Expedited Petition. Any petitions with attachments received in excess of the page limits set forth above, without authorization, shall be rejected. D. The Petitioner may apply to the Court ex parte with notice of the application to the other parties for permission to submit additional pages. The ex parte application is not required to have a memorandum of points and authorities. E. The requested additional attachments shall not be attached to the ex parte application, any declaration or memorandum. Instead, the ex parte application shall list and describe the requested additional attachments separately, state the exact reasons why each additional attachment is relevant and necessary, and the number of pages in the additional attachment. Without this prior approval, the Court will not consider any attachments exceeding the page limits set forth in Paragraph A or B above. [Eff. 07/01/2021; Rev. 07/01/22; Rev. 01/01/2023 Former 4-804 Repealed 01/01/20]
PART EIGHT – MINORS COMPROMISE 4-801. ATTORNEY FEES IN CASES INVOLVING MINORS OR DISABLED PERSONS (Eff. 01/01/20) It is the duty of the attorney to assure that funds are deposited in accordance with the order approving compromise. Attorney’s fees shall not be paid until a receipt, declaration and/or other documentation required by the Court confirming adherence to the order approving compromise is
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.
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.