Loading…
Rules 4-901 to 4-905: the Civil Mental Health Division in the Probate Department - filings in LPS conservatorships, writs of habeas corpus for release from a facility and Riese hearings on involuntary medication with the clerk in the Probate Division, the other probate rules not applying unless specified (4-901); the latest Judicial Council forms, especially a "Mandatory Use Form" (4-902); LPS conservatorships - the Public Guardian's personal service of a proposed ex parte application for a temporary LPS conservator on the Public Defender's Office not less than five (5) days before the appointment, the order terminating a conservatorship prepared and filed by the conservator, the level of placement stated in the order, and hearings scheduled at filing and heard Mondays, Wednesdays, and Fridays at 8:45a.m. or 9:00a.m., with at least three (3) dates offered (4-903); writs of habeas corpus and Riese petitions - calendared on receipt, heard within two court days (filed by 11:30 a.m. on Mondays and Tuesdays, heard Wednesdays; on Wednesdays and Thursdays, heard Fridays; on Fridays, heard Mondays; at 8:45 a.m. or 9:00 a.m.), later filings treated as filed the next day, the Riese petition filed with a proposed order, and the facility's notice of the hearing to family members unless the patient requests otherwise (Welfare & Institutions Code Section 5276) (4-904); and the facility's notice of a needed interpreter (4-905).
California > Third Appellate District > San Joaquin County > Superior Court of California, County of San Joaquin
PART NINE—CIVIL MENTAL HEALTH, INCLUDING LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIPS, WRITS OF HABEAS CORPUS SEEKING RELEASE FROM A MENTAL HEALTH FACILITY, AND RIESE HEARINGS SEEKING AN ORDER FOR INVOLNTARY MEDICATION 4-901. INTRODUCTION (Eff 01/01/25) The Civil Mental Health Division operates in the Probate Department. All documents filed in connection with a Lanterman-Petris Short (“LPS”) Conservatorship, writ of habeas corpus to be released from a facility, or a Riese hearing seeking an involuntary medication order shall be filed with the clerk of the Court in the Probate Division. The local rules set forth in 4-101 through 4-804, however, do not apply unless otherwise specified. 4-902. USE OF FORMS (Eff 01/01/25) The Court requires that counsel and self-represented litigants use the latest version of the printed forms approved by the Judicial Council, especially if it is a “Mandatory Use Form”. If a form cannot be used because it is not a “Mandatory Use Form” or otherwise does not comport with the relief requested, counsel must prepare their own forms or documents, which shall comply with California law. 4-903. LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIPS (Eff 01/01/25) A. Unless the Court for good cause otherwise orders, not less than five (5) days before the appointment of a temporary LPS conservator, the Public Guardian shall personally serve notice of the proposed ex parte application and any other supporting documents seeking the appointment of a temporary LPS conservator on the Public Defender’s Office. Proof of service must be on file with the Superior Court Clerk’s office before any request is reviewed by the Court. B. If the LPS conservatorship is terminated, the Public Conservator shall prepare the order terminating the conservatorship and file it with the Court. If the matter involves a private conservator, the private conservator shall prepare the order terminating the conservatorship and file it with the Court. C. Any proposed order submitted that grants a LPS conservatorship shall state the level of placement for the conservatee as ordered by the Court. D. Except where there is an order setting the date, the moving party may schedule a hearing in the Superior Court clerk’s office in the Probate Division when the moving papers are filed (subject to mandatory time provisions of statutes and Rules of Court). Motions, petitions, and other requests for relief in LPS matters are heard Mondays, Wednesdays, and Fridays at 8:45a.m. or 9:00a.m. When submitting the moving papers for filing, please have at least three (3) dates (within the proper time provisions) for the clerk to check for availability. Proof of service must be on file with the Superior Court Clerk’s office before the scheduled hearing. 4-904. WRITS OF HABEAS CORPUS AND RIESE PETITIONS (Eff 01/01/25) A. It is assumed that time is of the essence in each writ of habeas corpus and petition for a Riese hearing. The physician or treating facility shall deliver, electronically file, or fax the required documents to the court in order to calendar a hearing. The Court will calendar all writs of habeas corpus and Riese hearings upon receipt and timely filing of the requisite documents. B. Hearings on writs of habeas corpus will be conducted within two court days of the filing of the writ as follows: Petitions filed on Mondays and Tuesdays by 11:30 a.m. will be heard on Wednesdays at 8:45 a.m. or 9:00 a.m.; Petitions filed on Wednesdays and Thursdays by 11:30 a.m. will be heard on Fridays at 8:45 a.m. or 9:00 a.m.; Petitions filed on Fridays by 11:30 a.m. will be heard on Mondays at 8:45 a.m. or 9:00 a.m. Any hearing date that falls on a judicial holiday will be heard on the next court day. Hearings on Riese petitions will, to the extent possible, follow the same schedule as set forth in 4-904 B. Any writ of habeas corpus or Riese petition filed after 11:30 a.m. on the days designated herein shall be treated as if they were filed on the next day and shall be calendared accordingly. The Riese petition seeking an involuntary medication order must be filed with a proposed order. C. The treating mental health facility shall notify family members or any other person designated by the patient, of the time and place of the hearing on the writ, unless the patient requests that this information not be provided as set forth in Welfare & Institutions Code Section 5276. The patient shall be advised by the facility that is treating the patient that he or she has the right to request that this information not be provided. The physician or treating facility shall notify the patient’s attorney and the Court at the writ hearing that compliance with this provision has been met 4-905. REQUESTS FOR INTERPRETERS (Eff 01/01/25) The physician or treating facility shall notify the Court of the need for an interpreter when one is needed at any hearing.
PART NINE—CIVIL MENTAL HEALTH, INCLUDING LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIPS, WRITS OF HABEAS CORPUS SEEKING RELEASE FROM A MENTAL HEALTH FACILITY, AND RIESE HEARINGS SEEKING AN ORDER FOR INVOLNTARY MEDICATION 4-901. INTRODUCTION (Eff 01/01/25) The Civil Mental Health Division operates in the Probate Department. All documents filed in connection with a Lanterman-Petris Short (“LPS”) Cons
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: Part Nine's heading "RIESE HEARINGS SEEKING AN ORDER FOR INVOLNTARY MEDICATION".
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.