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Rules 6.00 to 6.10: regular sessions of the appellate division on the second Wednesday of each calendar month at 4:00 p.m. (6.00); ten (10) minutes of oral argument for each party in limited civil and misdemeanor cases and five (5) minutes in infraction cases, the waiver procedure encouraged, and oral argument by videoconference - notice to the Court and all other parties within ten (10) days of the Court's notice, without fee (6.01); briefs under the California Rules of Court, briefs in paper form bound only once in the top left corner and not covered with tape (6.02); a fully briefed matter placed on calendar by the Court Clerk (6.03); law and motion matters decided without a formal hearing unless oral argument is ordered for the next regularly scheduled session (6.04); an electronic recording used as the record of oral proceedings in limited civil, misdemeanor and infraction appeals by stipulation or order (6.05); Wende briefs - the record reviewed in its entirety, counsel's brief summarizing the facts with citations to the record, the appellant advised of the right to file a brief with proof to the Court, briefing ordered on non-frivolous grounds, and no oral argument where no arguable issue is found (6.06); traffic infraction appeals heard by one (1) appellate division judge assigned on a rotating basis, on the same date and at the same time as other appellate division matters (6.07); a Notice of Appeal filed with an original and five (5) copies (6.08); the original trial court file used instead of a Clerk's Transcript (6.09); and the Presiding Judge of the Appellate Division selecting three-judge Appellate Panels, no peremptory challenges, and any challenge for cause served and filed as a motion no later than fifteen (15) days before the date initially set for Oral Argument, decided by the Presiding Judge, a designee or other judges of the Appellate Division (6.10).
California > Fifth Appellate District > Stanislaus County > Superior Court of California, County of Stanislaus
RULE 6 APPELLATE DIVISION 6.00 Sessions Regular sessions of the appellate division of the Superior Court shall be ordinarily held on the second Wednesday of each calendar month at 4:00 p.m. Special sessions shall be held at the call of the Presiding Judge of the appellate division or a majority of the judges of the appellate division. (7/1/08, 1/1/21) 6.01 Oral Argument Unless otherwise ordered, counsel for each party shall be allowed ten (10) minutes for oral argument in limited civil and misdemeanor cases (Rule 8.885(e)( 2)) and five (5) minutes for oral argument in infraction cases (Rule 8.929(2)). Parties and attorneys are encouraged to use the waiver procedure described by California Rules of Court, rule 8.885(d). Oral argument may be conducted by videoconference. (Rule 8.885(b)(1)(B).) If so, the Clerk shall advise all parties in the original notice of oral argument, or in a supplemental notice sent to all parties no later than five (5) days before the date set for oral argument, which shall include the location from which each judge of the Appellate Panel hearing oral argument will participate. (Id., (c)2.) Parties who desire to appear at oral argument by videoconference shall give notice to the Court and all other parties within ten (10) days of receipt of the Court’s notice that oral argument will be conducted by video conference. (Id., (b)(1)(A).) There is no fee or cost to appear at oral argument by videoconference. (7/1/09, 1/1/21, 7/1/22) 6.02 Briefs Briefs shall be prepared and filed in accordance with California Rules of Court, rules 8.882 and 8.883 in limited civil and misdemeanor cases, and rules 8.927 and 8.928 in infraction cases. Briefs filed in paper form should only be bound once in the top left corner and should not be covered with tape, as an exception to the requirements set forth in Rules 8.883(9) and 8.928(c)(3). (Rule 6.02 [7/1/09, 1/1/21, 7/1/23] amended January 1, 2025) 6.03 Calendaring In appeals other than misdemeanor appeals in which appellate counsel has filed a brief under People v. Wende (1979) 25 Cal.3d 436, the Court Clerk shall, unless otherwise ordered, place the matter on calendar as set forth in California Rules of Court, rules 8.885(a) and 8.929 once a matter is fully briefed or the time for briefing has expired. (1/1/21) 6.04 Motions Pursuant to California Rules of Court, Rule 8.808(b), the Appellate Division is not required to conduct a formal hearing or entertain oral argument on law and motion matters. If the Appellate Division determines that oral argument is appropriate, it shall instruct the Court Clerk to place the matter on calendar for hearing at the next regularly scheduled session and provide notice to the parties. (7/1/09, 1/1/21) 6.05 Record of Oral Proceedings A. In limited civil appeals, the Court permits the use of an electronic recording as the record of the proceedings and adopts the provisions of California Rules of Court, Rules 8.835(c) and 8.837(d)(6). The parties may stipulate or the Court may order that the original official electronic recording of the proceedings, or a copy of the electronic recording made by the Court, be designated as the record of oral proceedings without being transcribed. (1/1/21) B. In misdemeanor appeals, the Court permits the use of an electronic recording as the record of the proceedings and adopts the provisions of California Rules of Court, Rule 8.868(c). The parties may stipulate, or the Court may order, that either the original official electronic recording of the proceedings or a copy of the electronic recording made by the Court be designated as the record of oral proceedings without being transcribed. (1/1/21) C. In infraction appeals, the Court permits the use of an electronic recording as the record of the proceedings and adopts the provisions of California Rules of Court, Rules 8.915(a)(2) and 8.917(c). The parties may stipulate, or the Court may order, that either the original official electronic recording of the proceedings, or a copy of the electronic recording made by the Court be designated as the record of oral proceedings without being transcribed. (1/1/18, 1/1/21) 6.06 Wende Briefs If appellate counsel files a brief under People v. Wende (1979) 25 Cal.3d 436, the Court shall review the record in its entirety and determine whether any arguable basis exists for the appeal. (1/1/21) If Appellant’s Counsel intends to file a Wende brief, the following procedure shall be used: A. Appellant’s Counsel is to file a brief summarizing the facts and proceedings. The brief must contain citations to the record on appeal; (1/1/21) B. Appellant’s Counsel must inform Appellant of the nature of the brief and advise Appellant that Appellant may file a brief on Appellant’s own behalf. Appellant’s Counsel must provide the Court with proof that Appellant has been so advised; (1/1/21) C. Appellant’s Counsel need not withdraw from the case so long as they have not described the appeal as frivolous and have advised Appellant that Appellant may request that the Court have Appellant’s Counsel relieved; and (1/1/21) D. If the Court determines there are non-frivolous grounds for appeal, it shall order briefing on these issues. (7/1/17, 1/1/21) E. The Respondent need not respond unless the Court orders briefing. (1/1/21) F. Oral argument will not be set in Wende appeals where the court concludes no arguable issue is raised. (Cal. Rules of Court, rule 8.885(a)(2).) If no arguable issues are found, the cause will be deemed submitted when the time has expired to file all briefs and papers, including any supplemental brief permitted by the court. (1/1/21) 6.07 Traffic Infraction Appeals Pursuant to CCP Section 77(h) traffic infraction appeals shall be heard by only one (1) appellate division judge, who will be assigned on a rotating basis by the presiding appellate judge as each case arises. Such appeals shall be heard on the same date and at the same time as other appellate division matters, and the court will provide notice of the hearing date, time and location. (1/1/21) 6.08 Filing a Notice of Appeal Unless excused by a Judicial Officer or his/her designee, any party submitting a Notice of Appeal for filing in Superior Court must provide an original and five (5) copies of the Notice of Appeal, as well as any accompanying documents, for distribution to the appropriate parties. (7/1/03, 1/1/21) 6.09 Clerk’s Transcript Pursuant to Rules 8.833(a), 8.863(a) and 8.910(a)(1)(B), the Court elects to use the original trial court file instead of a Clerk’s Transcript for Appellate Division matters unless and until notice is given of the court’s intention to use a different procedure. (7/1/09, 1/1/21) 6.10 Selection and Disqualification of Appellate Panel Judges The Chief Justice of the California Supreme Court appoints judges of the Superior Court to preside over matters within the jurisdiction of the Appellate Division of the Superior Court. (Code Civ. Proc., § 77; Cal. Rules of Ct., rule 10.1100.) The Presiding Judge of the Appellate Division selects the Appellate Division judges to serve on a three-judge Appellate Panel to hear and decide appeals according to the judges’ availability and the monthly oral argument sessions of the Appellate Division. (Ibid.) When cases are set for Oral Argument, the three judges assigned to that session’s Appellate Panel determine individually whether there is a conflict that requires their recusal and, if so, then another judge of the Appellate Division is selected to replace that judge to ensure a full, three-judge Appellate Panel. A judge has a duty to decide any proceeding in which he or she is not disqualified. (Code Civ. Proc., § 170.) The Legislature has determined that peremptory challenges for a judge appointed to the Appellate Division are prohibited. (Code Civ. Proc., §§ 170.6, 170.7.) Likewise, the statutory disqualification procedures pertaining to for cause challenges do not apply to appellate judges; therefore, the provisions of Code of Civil Procedure section 170.3 do not govern challenges to a judge of the Appellate Division by a party or counsel. (Kaufman v. Court of Appeal (1982) 31 Cal.3d 933, 937; cf., Housing Authority of Monterey County v. Jones (2005) 130 Cal.App.4th 1029, 1040; 2 Witkin, Cal. Proc. 6th Courts § 139 (2023).) Accordingly, any challenge for cause or other request for disqualification of a judge of the Appellate Division by a party or counsel must be served and filed according to the California Rules of Court governing motions in the Appellate Division and should be made as soon as the basis for challenge or disqualification is known to the party or counsel, but no later than fifteen (15) days before the date initially set for Oral Argument, unless good cause is shown for the late filing in the moving papers. (Cal. Rules of Ct., rule 8.808.) The decision on a motion to disqualify a judge of the Appellate Division assigned to an Appellate Panel shall be determined by the Presiding Judge, the Presiding Judge’s designee(s), or a judge or judges of the Appellate Division, excluding the challenged judge. The decision on a motion to disqualify is not an appealable order and may be reviewed only by a timely writ of mandate to the appropriate court of review or by transfer as provided in Division 6 of Title 8 of the California Rules of Court. (7/1/24.)
RULE 6 APPELLATE DIVISION 6.00 Sessions Regular sessions of the appellate division of the Superior Court shall be ordinarily held on the second Wednesday of each calendar month at 4:00 p.m. Special sessions shall be held at the call of the Presiding Judge of the appellate division or a majority of the judges of the appellate division. (7/1/08, 1/1/21) 6.01 Oral Argument Unless otherwise ordered, c
Reviewer note: Composed 2026-10-14 (California T4 Stanislaus build 2026-10-14) from BenchPath custody ca/t4/ca-stanislaus/docs/local-rules/local-rules_-effective-07012026.pdf (the court's rule book, its summary of changes “SUMMARY OF CHANGES Revisions effective July 1, 2026”, as fetched 2026-10-14; 1532730 bytes, sha256 832df238dade54e68b70b6d06f961d5c3238c3edf7aa613a08d9439b4bb2133b; 224 pages; this part PDF pages 99 to 102, printed pages 99 to 102) with the shared verbatim composer (v2 reflow): the rules (PDF pages 11 to 203) composed as one text and cut at the rule headings (“RULE 1 GENERAL” to “RULE 8 PROBATE, GUARDIANSHIP CONSERVATORSHIPS AND ADOPTION RULES”) and, in Rules 3, 4, 7 and 8, at a rule or section heading (“3.08 Trial”; “TRAFFIC CASES”; “7.08 Particular kinds of motions or requests for order”, “7.13 Ex Parte Orders:”, “7.26 Miscellaneous Family Law Rules”; “FAMILY ALLOWANCE”, “GUARDIANSHIPS”), each matched once as a whole line; every page's running header (“Stanislaus County Superior Court”, named) and printed page number (“11” to “203”) removed as chrome - 386 chrome lines; lines reflowed into the rules' paragraphs, each rule heading, section heading and lettered or numbered subdivision starting a line (a rule number opens a heading only before a capitalized title, so “5.151 of the California Rules ...” stays in its sentence); Rule 1.11's ruled chart of hearing types set a row a line, its cells left to right (the composer's table rows); the strike report (review/strike-report-2026-10-14.txt) finds no struck run; 17 whitespace-only fixes (build/book-fixes.json: 8 line breaks the reflow left before a rule or code reference or an inline list item, rejoined; 9 runs the reflow ran together - paragraphs and side headings of Rule 8 and two bold subheadings of Rule 4 - split); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and their runs after the fixes, review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover with the judges' list (PDF page 1), the summary of changes (2), the contents (3 to 9), the cities served (10), the list of rules and effective dates (204 to 209), the local forms lists (210 to 221) and the index (222 to 224) 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.