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Rules 5-100 to 5-507: pre-hearing discovery in dependency actions by the State Rules of Court (Rule 1420), not the Code of Civil Procedure, except deposition subpoenas for health care providers' business records (§2020(d)) with notice under § 1985.3 to the Department of Child Protective Services of the Human Service Agency of San Joaquin County, and motions for discovery on five (5) judicial day notice heard on a Monday, Tuesday, Thursday or Friday at 8:30 a.m. with the declaration of the request, the refusal and the conference (5-100); ex parte applications with notice shown by declaration, except protective custody warrants (5-200); petitions to modify (§388 W&I) - notice to counsel of record and parents in pro per, timely application, requests to return a minor not less than 20 judicial days before a §366.26 W&I hearing, evidence by declaration or report, hearsay declarants produced on notice, and service ten judicial days before the hearing in person or fifteen by mail, responses five or ten (5-300); dependency counsel - competency, screening and continuing education under the rules promulgated by the San Joaquin County Bar Association, and Rule of Court 1438 (5-400 to 5-404), the penalties (5-405), the Lawyer Referral Service panel (5-406), the contract holder (5-407), the attorney complaint process within 30 days of the first appearance (5-408) and a minor's interests in other proceedings (Rule of Court 1438(d)) (5-409, 5-410); child advocates - their functions, oath and specific duties, appointment in dependency cases (W & I §300) on request, reconsideration and termination, and grievances (5-411); the advocate's authority to review records and interview, access to records without a parent's consent, the duty to report child abuse (Section 11166 of the Penal Code) and communication (5-500); timely notice to the advocate (5-501); calendar priority (5-502); regular visits (5-503); continuation in family law proceedings (W & I Code Section 362.4) (5-504); the right to appear and amicus curiae status (5-505); direct calendaring of delinquency cases (Welfare & Institutions Codes section 602) - random assignment at filing to a delinquency department for all purposes, co-participants in the courtroom of first appearance, and the assignment notice stamped on the petition (5-506); and reciprocal discovery under Penal Code sections 1054, et. seq., and California Rule of Court 5.546 (5-507).
California > Third Appellate District > San Joaquin County > Superior Court of California, County of San Joaquin
RULE 5 JUVENILE 5-100. PRE-HEARING DISCOVERY IN DEPENDENCY ACTIONS (Eff. 07/01/98) A. All discovery shall be by State Rules of Court (Rule 1420), there shall be no discovery by Code of Civil Procedure. Title III of Part IV §1985 et seq., except as provided in this rule. B. Without further order, parties have leave to use §2020(d), the deposition subpoena, for copying of business records. This use is limited to health care providers, excluding mental health providers, without further order of the court. Notice under § 1985.3, where the consumer is the minor subject of the dependency action, shall be given to Department of Child Protective Services of the Human Service Agency of San Joaquin County in addition to the person or persons specified in §1985(b)(1). C. Order for further use of provisions of Title III, shall be sought by motion for pre-hearing discovery, as set forth in State Rules of Court (Rule of Court 1420 § (f)). D. Motions for pre-hearing discovery, under the State Rules of Court, shall be made upon five (5) judicial day notice to all parties and shall be heard on a Monday, Tuesday, Thursday or Friday, at 8:30 a.m., in the dependency department or other department where the otherwise next hearing is scheduled. Motions for discovery shall be in writing and shall be accompanied by a declaration affirmatively alleging, where appropriate, (i) a timely and specific request, (ii) a specific refusal or circumstances reasonably implying a refusal al to produce, and (iii) that the moving party has met the other party and conferred in good faith. (Eff. 07/01/98) 5-200. EX PARTE APPLICATIONS A. Except as provided in this rule, no application for an order shall be made ex-parte unless the applicant shows by written declaration, or statement under oath, that a reasonable effort has been made to give notice to all other parties, who have appeared in the matter, or that notice would be inappropriate or impractical or would result in irreparable injury, or that the order would not result in a significant direct burden or inconvenience to any other party. B. This rule shall not apply to applications for protective custody warrants for dependent minors. (Eff. 07/01/98) 5-300. PETITIONS TO MODIFY (§388 W&I) (Eff. 07/01/98) A. Notice of the application for modification, pursuant to rule 8-200, shall be made to all counsel of record and to any parent appearing in pro per. B. Application shall be made to the Court in a timely manner following discovery of the circumstances alleged to support the petition to modify, and in no event, at a later time which prejudices any party. Applications requesting return of a minor to a parent shall be made not less than 20 judicial days before any previously set hearing pursuant to §366.26 W&I. Where hearing for any petition is requested within 20 judicial days, good cause must be shown in a supporting declaration. C. Where hearing is granted: 1. Evidence for the case-in-chief of the requesting party shall be, and for any responding party may be, by declaration, or, in the case of the petitioner being the requesting party, by report of the probation officer/social service worker. 2. The hearsay statements of the declarations, or report, shall not be sufficient to support the petition unless admissible over objection in a civil action or unless the hearsay declarant is made available for cross examination. The requesting party shall produce the hearsay declarant at the hearing upon written notice by any other party, personally served 10 days prior to hearing or within two judicial days of receipt of the declarations, whichever is later. The responding parties shall produce their hearsay declarant at the hearing upon written notice by any party, personally served five judicial days prior to the hearing or within two judicial days of receipt of declarations whichever is later. 3. The requesting party shall serve the petition, order for hearing and supporting declarations, or report, on all parties ten judicial days before the hearing, if by personal service or fifteen judicial days, if by mail. Responsive declarations, or report, shall be served five judicial days before the hearing, if personally served, or ten judicial days, if by mail. (Eff. 07/01/98) 5-400. GENERAL COMPETENCY REQUIREMENT (Eff. 07/01/98) Every party in a dependency proceeding who is represented by an attorney is entitled to competent counsel. Because juvenile justice is a specialized area, court-appointed attorneys must meet minimum training and continuing legal education standards as a condition of their appointment in juvenile court matters. Attorneys who seek to represent or to continue to represent individuals in juvenile dependency proceedings shall obtain and comply with the competency rules promulgated by the San Joaquin County Bar Association and as set forth in Rule of Court 1438. (Eff. 07/01/98) 5-401. “RESERVED FOR FUTURE USE” [5-401 Repealed 01/01/14] (Eff. 01/01/14) 5-402. SCREENING FOR COMPETENCY (Eff. 07/01/98) Effective July 1, 1996, all attorneys who represent parties in dependency court proceedings shall meet minimum standards of training and experience as set forth in Rule of Court 1438(b). (Eff. 07/01/98) 5-403. REPRESENTATION OF MINORS (Eff. 07/01/98) A. Non-public agency attorneys who wish to be appointed to represent minors must comply with additional minimum requirements as promulgated by the San Joaquin County Bar Association and approved by the Juvenile Dependency Court Judge. B. Non-public agency attorneys who wish to be appointed to represent minors must so inform the San Joaquin County Bar Association and the Juvenile Dependency Court Judge. C. Non-public attorneys who do not wish to be appointed to represent minors need not comply with these additional requirements. (Eff. 07/01/98) 5-404. MINIMUM REQUIREMENTS NECESSARY TO CONTINUE TO RECEIVE COURT APPOINTMENTS IN JUVENILE DEPENDENCY COURT (Eff. 07/01/98) Each attorney must complete a minimum of continuing education hours each year as set forth in Rule of Court 1438(b). (Eff. 07/01/98) 5-405. PENALTY FOR NONCOMPLIANCE WITH RULE 5-403 AND RULE 5-404 (Eff. 07/01/98) a) If an attorney fails to comply with Rule 5-403, the Juvenile Dependency Court Judge shall no longer appoint said attorney to represent minors in Juvenile Dependency Court until the requirements set forth in Rule 5-403 have been satisfied by that attorney. b) If an attorney fails to comply with Rule 8-404, the Juvenile Dependency Court Judge shall no longer appoint said attorney to represent parties in Juvenile Dependency Court until the requirements set forth in Rule 8-404 have been satisfied by that attorney. (Eff. 07/01/98) 5-406. TERMINATION OF PANEL MEMBERSHIP-ADDITIONAL GROUNDS (Eff. 07/01/98) A. Lawyer Referral Service Panel attorneys must also comply with the rules and regulations of the San Joaquin County Lawyer Referral Service in order to qualify for and to maintain their current standing with said organization. B. Lawyer Referral Service Panel attorneys receive appointments and service on the Panel at the pleasure of the Superior Court. (Eff. 07/01/98) 5-407. APPLICATION OF THESE RULES (Eff. 07/01/17) Rules 5-400 through 5-409 apply to whatever organization, law firm or entity, whether a group or individual, which holds the contract with the San Joaquin Superior Court to represent clients in Juvenile Dependency Court. (Eff. 07/01/17) 5-408. ATTORNEY COMPLAINT PROCESS (Eff. 07/01/98) Parties shall be informed of the process to voice a complaint about attorney performance within 30 days of their first court appearance in the Juvenile Dependency Court and when a complaint is lodged with the court, the court shall take appropriate action. (Eff. 07/01/98) 5-409. MINOR’S INTERESTS IN OTHER PROCEEDINGS (Eff. 07/01/98) When a minor who is the subject of a Juvenile Court Dependency case has an interest in any other proceedings which may need to be protected, such interest shall be immediately brought to the attention of the Juvenile Court so that appropriate action may be taken pursuant to Rule of Court 1438(d). (Eff. 07/01/98) 5-410. THE ADVOCATE PROGRAM (Eff. 01/01/03) When a minor who is the subject of a Juvenile Court Dependency case has an interest in any other proceedings which may need to be protected, such interest shall be immediately brought to the attention of the Juvenile Court so that appropriate action may be taken pursuant to Rule of Court 1438(d). (Eff. 07/01/98) 5-411. CHILD ADVOCATES (Eff. 01/01/03) A. Advocates’ Functions Advocates serve at the pleasure of the Court having jurisdiction over the proceeding in which the advocate has been appointed. In general, an advocate’s functions are as follows: 1. to support the child throughout the Court proceedings; 2. to establish a relationship with the child to better understand his or her particular needs and desires; 3. to communicate the child’s needs and desires to the Court in written reports and recommendations; 4. to identify and explore potential resources that will facilitate early family reunification or alternative permanency planning; 5. to provide continuous attention to the child’s situation to ensure that the Court’s plans for the child are being implemented; 6. to the fullest extent possible, to communicate and coordinate efforts with the case manager (probation officer/social worker); 7. to the fullest extent possible, to communicate and coordinate efforts with the child’s attorneys; and 8. to investigate the interests of the child in other judicial or administrative proceedings outside Juvenile Court; report to the Juvenile Court concerning same; and, with the approval of the Court, offer his/her services on behalf of the child to such other courts or tribunals. B. Sworn Officer of the Court An advocate is an officer of the Court and is bound by these rules. Each advocate shall be sworn in by a Superior Court Judge/Referee/Commissioner before beginning his/her duties and shall subscribe to the written oath set forth in Exhibit A attached hereto. C. Specific Duties The Court shall, in its initial order of appointment, and thereafter subsequent order as appropriate, specifically delineate the advocate’s duties in each case, which may include independent investigation of the circumstances of the case, interviewing and observing the child and other appropriate individuals, reviewing appropriate records and reports, consideration of visitation rights for the child’s grandparents and other relatives, and reporting back directly to the Court as indicated. If no specific duties are outlined by Court order, the advocate shall discharge his/her obligation to the child and the Court in accordance with the general duties set forth in these rules. Procedures in Dependency Cases (W & I §300) 1. A request for appointment of a child advocate in a dependency case may be made orally or in writing in open court or ex-parte by the social worker, any party to the case, or by the Court on its own motion. Unless there is opposition, the referral shall be forwarded to the child advocate office for screening and assignment. 2. When an appropriate child advocate has been identified, that person’s name shall be submitted to the Court for appointment. 3. Any party to the case may petition the court for a hearing to reconsider the appointment. 4. The child advocate serves at the pleasure of the Court, and the appointment of the child advocate may be terminated by the Court. Any party or the Director of the Child Advocate Program may file a motion for termination of a child advocate. The Court will determine whether there will be a hearing on such a motion. D. Any child advocate with a grievance concerning termination may petition the Court for a hearing. Such petition shall include facts indicating that the child advocate has exhausted all remedies available to him or her within the Child Advocate program. The Court will determine whether there shall be a hearing on such a petition. (Eff. 01/01/03) 5-500. RELEASE OF INFORMATION TO ADVOCATE (Eff. 01/01/03) A. To Accomplish Appointment To accomplish the appointment of an advocate, the Judge/Referee/Commissioner making the appointment shall sign an order granting the advocate the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer appointed to investigate proceedings on behalf of the Court. B. Access to Records An advocate shall have the same legal right to records relating to the child he/she is appointed to represent as any case manager (social worker or probation officer) with regard to records pertaining to the child held by any agency, school, organization, division or department of the state, physician, surgeon, nurse, other health care provider, psychologist, psychiatrist, mental health provider or law enforcement agency. The advocate shall present his or her identification as a Court-appointed advocate to any such record holder in support of his/her request for access to specific records. No consent from the parent or guardian is necessary for the advocate to have access to any records relating to the child. C. Report of Child Abuse An advocate is a mandated child abuse reporter per Section 11166 of the Penal Code. D. Communication There shall be ongoing, regular communication concerning the child’s best interests, current status, and significant case developments maintained among the advocate, case manager, child’s attorney, attorneys for parents, relatives, foster parents and any therapist for the child. (Eff. 01/01/03) 5-501. RIGHT TO TIMELY NOTICE (Eff. 01/01/03) In any action concerning the child for whom the advocate has been appointed, the moving party shall provide the advocate timely notice. (Eff. 01/01/03) 5-502. CALENDAR PRIORITY (Eff. 01/01/03) In light of the fact that advocates are rendering a volunteer service to children and the Court, matters on which they appear should be granted priority on the Court’s calendar, whenever possible. (Eff. 01/01/03) 5-503. VISITATION THROUGHOUT DEPENDENCY (Eff. 01/01/03) An advocate shall visit the child regularly until the child is secure in a permanent placement. Thereafter, the advocate shall monitor the case as appropriate until dependency is dismissed. (Eff. 01/01/03) 5-504. FAMILY LAW ADVOCACY (Eff. 01/01/03) Should the Juvenile Court dismiss dependency and create family law orders pursuant to W & I Code Section 362.4, the advocate’s appointment may be continued in the family law proceeding, in which case the Juvenile Court order shall set forth the nature, extent and duration of the advocate’s duties in the family law proceeding. (Eff. 01/01/03) 5-505. RIGHT TO APPEAR (Eff. 01/01/03) An advocate shall have the right to be present and be heard at all Court hearings and shall not be subject to exclusion by virtue of the fact that he/she may be called to testify at some point in the proceedings. An advocate shall not be deemed to be a “party”, as described in Title 3 of Part II of the Code of Civil Procedure. However, the Court, in its discretion, shall have the authority to grant the advocate amicus curiae status, which includes the right to appear with counsel. (Eff. 01/01/03) 5-506. DIRECT CALENDARING OF JUVENILE DELINQUENCY CASES (Eff. 01/01/18) A. All matters falling within the provisions of Welfare & Institutions Codes section 602 shall be subject to direct calendaring assignment to a judicial officer for all purposes at the time of the filing of a Petition. Upon their filing, cases will be assigned randomly to one of the designated juvenile delinquency departments. Except as otherwise provided by law, the judicial officer assigned to that department will thereafter handle all proceedings involving the matter through termination of jurisdiction, unless otherwise ordered. Nothing herein shall be construed to interfere with the authority of the Presiding Judge, and/or the Presiding Judge of the Juvenile Court to assign or reassign cases as may be necessary for the prompt and efficient disposition of matters coming before the juvenile court. In cases involving alleged co-participants, the courtroom of first appearance will handle the matter through disposition of all alleged co-participants arraigned concurrently on the matter. B. At the time of the initial filing of the Petition, the Clerk’s office shall affix to the face of the Petition by stamp or other writing, the following notice: “This case has been assigned to Judge in department for all purposes, including trial”. (Eff. 01/01/18) 5-507. RECIPROCAL DISCOVERY (Eff. 07/01/06) The reciprocal discovery rules set forth in Penal Code sections 1054, et. seq., shall apply to all juvenile delinquency cases in San Joaquin County. California Rule of Court 5.546 shall also govern discovery in juvenile delinquency cases. (Eff. 07/01/06, Rev. 1/1/2025)
RULE 5 JUVENILE 5-100. PRE-HEARING DISCOVERY IN DEPENDENCY ACTIONS (Eff. 07/01/98) A. All discovery shall be by State Rules of Court (Rule 1420), there shall be no discovery by Code of Civil Procedure. Title III of Part IV §1985 et seq., except as provided in this rule. B. Without further order, parties have leave to use §2020(d), the deposition subpoena, for copying of business records. This use
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: Rule 5-410, headed "THE ADVOCATE PROGRAM (Eff. 01/01/03)", prints the text of Rule 5-409 (a minor's interests in other proceedings), and Rule 5-411 requires child advocates to subscribe to "the written oath set forth in Exhibit A attached hereto", which the book does not print - a review task asks the court for Rule 5-410's text and the oath. Carried as printed: Rule 5-100's "State Rules of Court (Rule 1420)" and "a refusal al to produce"; the Rule of Court 1438 citations of Rules 5-400, 5-402, 5-404, 5-409 and 5-410; Rule 5-300's "pursuant to rule 8-200" (the book has no Rule 8-200); and Rule 5-405, headed for noncompliance with Rules 5-403 and 5-404, citing "Rule 8-404".
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.