Loading…
Chapter 25 (Rules 25.01 to 25.04): disclosure of counsel's interest in the compromise of an incompetent's disputed claim (Rule 25.01); the schedule of counsel fees in actions on a promissory note, a contract providing for counsel fees and foreclosure (Rule 25.02); the determination of the county cost of court-appointed counsel and public defense services (Rule 25.03); and increased fees in unusual cases, on written noticed motion (Rule 25.04).
California > Second Appellate District > San Luis Obispo County > Superior Court of California, County of San Luis Obispo
CHAPTER 25 – COUNSEL SERVICES AND FEES RULE 25.00 [REPEALED] Repealed 1/1/12. RULE 25.01 COMPROMISE OF CLAIMS Pursuant to Rule 241(b), California Rules of Court, in a compromise or incompetent's disputed claim, counsel must disclose his interest in the proceeding. Such disclosure must include a declaration of the attorney's relationship with the liability insurance company settling the claim and, should counsel be employed by said insurance company, a statement that no compensation will be received from any person other than said insurance company. (Amended 7/1/02) RULE 25.02 IN AN ACTION ON A PROMISSORY NOTE, CONTRACT PROVIDING FOR THE PAYMENT OF COUNSEL FEES AND FORECLOSURE The following counsel fees must be awarded under normal circumstances in an action on a promissory note, contract providing for the payment of counsel fees and foreclosure: (a) Default Action on Note or Contract Exclusive of costs: Any part of first $1,000 ($250 minimum) fee. 20 percent of next $4,000 ($800 maximum). 15 percent of next $5,000 ($750 maximum). 10 percent of next $5,000 ($500 maximum). 5 percent of next $35,000 ($1,750 maximum). 2 percent of next $50,000 ($1,000 maximum). 1 percent of the amount over $100,000. In an action upon a contract providing for counsel fees, the Clerk of the Court must include in the judgment counsel fees in accordance with this schedule, not to exceed the amount prayed for. (b) Uncontested Unlawful Detainer For any default unlawful detainer, $600.00. If counsel believes a higher fee is warranted, he or she must cause the matter to be calendared for a court hearing and give notice of the hearing to the defaulted party. (c) Foreclosure of Mortgage or Trust Deed The same amount as computed under Subdivision (a). (d) Foreclosure of Assessment or Bond Lien Relating to a Public Improvement The same amount as computed under Subdivision (a). (Amended 1/1/16) RULE 25.03 COURT APPOINTED COUNSEL AND PUBLIC DEFENSE SERVICES (a) Determination of Attorney Compensation and Necessary Expenses of Defense In each case in which a person has been furnished services of counsel or other defense services at public expense pursuant to an appointment by the court, upon conclusion of the proceedings, the court must make a determination of the county cost incurred for attorney compensation and necessary expenses of defense. Counsel must be prepared at that time to submit an approved form of client financial statements and itemized information as to the time devoted to the case, expenses incurred and all claims made and compensation received in connection with the case. Expenses will not be considered reasonable unless authorized by the court before they are incurred. The amount of time shown on said itemized statement must reflect no more than the actual "billable" time that an attorney ethically would bill to a member of the public who that attorney might represent in private practice. The time itemized must not include attorney's traveling time or expenses or research or preparation time which would not be required of an attorney reasonably experienced in the practice of criminal law. Said itemized statement must be submitted to the court by counsel in the form of a declaration signed under penalty of perjury. (b) Reimbursement Order In the event any person may be required by law to reimburse the county for compensation of counsel or costs of defense services, the court, after determining the amount thereof must make a determination of the present ability of such person to pay all or a portion of such amount and must make such reasonable order for payment as is authorized by law. This determination and the determinations required by paragraph (a) above must be made only after the court has held a hearing. All persons required by law to reimburse the county for compensation of private counsel or costs of defense services must be entitled to reasonable notice of the hearing, and may appear thereat, with counsel, and participate therein, including the presentation of evidence and the cross-examination of witnesses. (c) Collection The court, in its discretion, may delegate to the appropriate county officer the authority to collect such reimbursement and to establish and modify arrangements for installment payments. In addition, to the extent authorized by law, it may delegate to such officer authority to reduce or cancel unpaid repayment obligations upon a finding by the officer that the person obligated no longer has the ability to pay the amount ordered. (d) Action on Claim Within a reasonable period of time from the date of filing of counsel's request for a fee order and itemized declaration in support thereof, the court must determine whether or not said request and declaration conform to the contents of this rule and any corresponding court policy. If the request and declaration conform to this rule and any corresponding court policy, an order must be made and delivered forthwith to the Auditor of the County of San Luis Obispo for payment out of the General Fund of the County of San Luis Obispo as set forth in Penal Code Section 987.2(a). In the event the court determines that the request and declaration are not or may not be in conformance with this rule and any corresponding court policy, the court may reduce the claim as it deems appropriate or may notify counsel that said request for attorney's fees is denied pending a hearing to be scheduled on the law and motion calendar of the court. Any such hearing must take into account the schedules of the court and counsel. Any time spent on any such hearing must not be a charge against the County of San Luis Obispo or the court. At the conclusion of any such hearing, the court must make a final order as to the amount of attorney's fees to which said counsel is entitled pursuant to this rule and any corresponding court policy. (e) Recognizing the Constitutional requirement to provide competent and qualified counsel, and subject to the determination by the trial court to a reasonable fee for services pursuant to Penal Code Sections 987.2 and 987.3, counsel must be appointed and compensated in accordance with such guidelines as the court may from time to time set forth in its policies. (Amended 7/1/02) RULE 25.04 UNUSUAL CASES WARRANTING INCREASED FEES In the event that counsel has provided extraordinary services in the prosecution of litigation such that the schedules called for in this rule would not provide a fair and reasonable compensation on a per hour or per diem basis, he or she may move the court, after written noticed motion to all parties, including the client(s) of the attorney making the motion, for an increased fee allowance. Counsel must submit with the motion an itemized sworn statement of services provided together with the dates and times such services were rendered. (Amended 7/1/02)
CHAPTER 25 – COUNSEL SERVICES AND FEES RULE 25.00 [REPEALED] Repealed 1/1/12. RULE 25.01 COMPROMISE OF CLAIMS Pursuant to Rule 241(b), California Rules of Court, in a compromise or incompetent's disputed claim, counsel must disclose his interest in the proceeding. Such disclosure must include a declaration of the attorney's relationship with the liability insurance company settling the claim and,
Reviewer note: Composed 2026-10-08 (California T4 San Luis Obispo build 2026-10-08) from BenchPath custody ca/t4/ca-san-luis-obispo/docs/local-rules/local-rules-be-effective-july-1-2026.pdf (the court's rule book, “Rules of the Superior Court of California, County of San Luis Obispo, Effective July 1, 2026”, as fetched 2026-10-08; 1342001 bytes, sha256 529d32bded120bc75a274269fb81bc94001fed283619190951cbc84909e80ffe; 144 pages) with the shared verbatim composer (v2 reflow) over the rule body (PDF pages 11 to 130, printed 1 to 120): each page's running header (“San Luis Obispo Superior Court”) and printed page number removed as chrome; lines reflowed into the rules' paragraphs; the one struck word in the book (Rule 11.1902(c), read on the page image) set aside as chrome with the composer's strike_out, so the card reads the rule as amended; the body cut at the chapter headings (“CHAPTER N –”), which reassemble it; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, Appendix I (the schedule of fees), Appendix II (the local forms lists) and the index belong to no chapter; Chapters 6, 8, 20, 21, 22, 23, 24 and 29 print only repealed rules and have no card; the book has no Chapter 17.
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.