Stanislaus County Superior Court Local Rules (effective July 1, 2026) — Rule 7: Family Law (Rules 7.26 to 7.27)

7.26 Miscellaneous Family Law Rules A. Family Law Facilitator The Family Law Facilitator shall perform the duties outlined in Family Code Section 10004, and any additional duties as directed by the Supervising Judge of the Family Law Facilitator Program pursuant to Family Code Section 10005. The additional duties shall be made party of any Agreement reached between the Court and the Facilitator. (7/1/20) B. Interpreters 1. In domestic violence cases: If an interpreter is needed by any party or witness intended to be called by that party, the Court shall provide an interpreter. This includes all proceedings pertaining to a request for a domestic violence restraining order, including trials. The party is to advise the Court in advance of the hearing of the need for an interpreter. (7/1/20) 2. In mediation, guardianship, economic and other short cause matters: If an interpreter is needed by any party, the Court shall provide an interpreter. The party is to advise the Court in advance of the hearing of the need for an interpreter. (7/1/20) 3. At trial: Where a party is represented by counsel, counsel shall advise the Court that an interpreter is necessary for the party and/or a witness. This notice shall be given no later than 30 days prior to the trial. The Court shall provide an interpreter to the extent that an interpreter is available. If unavailable, the Court will so advise counsel and counsel will have to make arrangements for the presence of the interpreter and payment of that interpreter (7/1/20) 4. Policy Statement: Based upon the availability of money through the Court’s budget and the availability of grant money for domestic violence proceedings, the Court reserves the right to alter this rule and policy. The Court recognizes the importance of having certified or qualified non-certified interpreters in family law matters. For so long as sufficient funds are available, the Court intends to provide interpreters pursuant to this present rule. (7/1/20) The Court reserves the right to order the payment of the fees for an interpreter in accordance with the Government and Evidence Codes, except where such fees may be properly waived under the forma pauperis rules as set forth in the Government Code. (7/1/20) C. Court Reporters 1. Requests for a Court Reporter: A party may request an official court reporter by email to familylawreporters@stanct.org or by phone at (209) 530-3105. If services are needed for a trial or long cause hearing, the request should be made at least 30 days in advance. For all other proceedings, the request should be made at least 10 days prior to the proceeding. If a staff court reporter is available to report a family law matter, the party requesting the reporter shall pay a $30 reporter fee for any hearing under an hour. If it appears that no court reporter will be available, the requesting party will be notified of that fact as soon as possible before the trial date, hearing, or other proceeding. A party with an approved fee waiver may request an official court reporter at no expense to the party within the time limits set forth in these rules. An approved fee waiver does not cover the cost of preparing a reporter’s transcript. (1/1/22) 2. Reporter Pro Tem: Pursuant to California Rules of Court, rule 2.956, if the services of an official court reporter are not available for a hearing or trial, a party may arrange for the presence of a certified shorthand reporter to serve as an official reporter pro tempore. It is that party’s responsibility to pay the reporter’s fees for attendance at the proceedings, unless the party has an approved fee waiver; the expense may be recoverable as part of cost recovery, as provided by law. The stenographic notes of such reporter will be handled pursuant to Government Code § 69955. Pro Tem Reporters must follow standard local format requirements: a. 28 lines per page; b. 60 characters per line; c. Line numbered at left of transcripts box; d. True type font no greater than 13; e. Q. and A. indented no more than five spaces; f. Text following Q. and A. no more than two spaces; g. Colloquy and continuing paragraph indented five spaces; h. Text following speaker identification no more than two spaces; i. Page numbers at bottom, right-hand column; j. Parentheticals indented ten spaces or centered; k. No blank lines before or after parentheticals; l. Footer with reporter’s name and CSR number. 3. Policy Regarding Staff Court Reporters. a. Court reporter fees will be assessed on all family law trials where a Superior Court staff court reporter reports the proceedings, unless the Court is required to supply a reporter free of charge pursuant to an approved fee waiver. Counsel or parties without counsel will be billed for this service if a free reporter is not being provided. The billing statements will include the date, case number, time charged and amount due. (1/1/22) b. Unless otherwise ordered by the Court, all parties, regardless of who requested the reporter, shall pay their proportionate share of reporter fees per the fee schedule set forth herein. When there is more than one party per side, each side will be billed 50%. That is, one party from each side will pay or be billed. The billed party will be responsible to collect from the other parties. Non-payment of any court reporter fees shall result in the denial of future court reporter services to the non-paying party or attorney and the assessment of collection charges. c. The Court reserves the right to order proceedings reported if both sides waive reporting services and if reporting services are deemed necessary by the Court. In that event, all parties will be ordered to share the cost pursuant to the fee schedule below. d. The fee schedule for official court reporting services is: 1 day - $700.00 1/2 day - $350.00 (A ½ day is defined as any hearing or matter lasting longer than one (1) hour.) (7/1/22) 4. Daily Transcripts: Request for daily transcripts in family law cases must be made at least one week in advance of trial. Parties requesting daily transcripts will be required to pay daily transcript rates and the per diem rate for an official court reporter (unless the parties agree to split the costs). The cost of daily transcripts is not covered when the court provides a court reporter pursuant to an approved fee waiver. Additionally, pursuant to Government Code section 69953.5, if a request for daily transcripts requires the services of more than one court reporter, the party requesting the daily transcripts shall pay the per diem rate for the services of each additional court reporter required to fulfill the request. (1/1/22) 5. Transcripts of Trial or Other Proceedings: Whenever a party requests a court reporter to furnish a transcript of all or part of a trial or proceedings, the court reporter shall forthwith inform all other parties of such request and inquire whether any of such parties desires, at his own expense, a copy of such transcript. An approved fee waiver does not cover the cost of a reporter’s transcript. (1/1/22) 6. Availability of Staff Reporters – Family Law Matters: If there are insufficient staff court reporters to report family law trials or law and motion matters, a party may arrange for the presence of a certified shorthand reporter at their own expense pursuant to California Rules of Court 2.956. A party with an approved fee waiver may request an official court reporter within the time limits set forth in these rules at no expense to the party. An approved fee waiver does not cover the cost of a reporter’s transcript. Parties should check with the Supervising Court Reporter regarding the availability of a staff court reporter. Contact may be made via e-mail: familylawreporters@stanct.org or by phone at (209) 530-3105. In the event a party arranges for the presence of a certified court reporter at their own expense without checking to see if an official court reporter is available and there is an official court reporter available, the official court reporter will report the proceedings. (1/1/21, 1/1/22) 7. Court Requested Family Law Transcript: Pursuant to Government Code section 69953, in any case where a verbatim record is not made at public expense pursuant to Government Code section 69952, the cost of making any verbatim record shall be paid by the parties in equal proportion. Either party, at his own option, may pay the whole cost. Civil proceedings do not fall under the parameters of Government Code section 69952. When the judge requests the reporter provide a transcript of the proceedings not covered in Section 69952, the parties are responsible for sharing the cost of that transcript. The reporter will begin working on the judge’s requested transcript when they receive payment in full from the party or parties. If either party chooses to purchase a transcript of their own, the cost of their copy will be added to their portion of the invoice. (1/1/21, 1/1/22) D. Limitation on Conformed Copies All documents presented for filing are limited to an original plus two (2) copies, and unless otherwise required by code, the Clerk's Office will conform a maximum of two (2) copies. (7/1/20) E. Domestic Violence Protocol The Court has adopted a Domestic Violence Protocol in conformity with Penal Code section 136.2 and California Rule of Court 5.445. The Domestic Violence Protocol is set forth in Stanislaus County Superior Court Criminal Rule 4.31. (7/1/20) F. QDRO Appearance Fee: If a petitioner submits for the court’s signature and filing a Qualified Domestic Relations Order after a default judgment has been entered, there will be no first appearance fee required if the order contains respondent’s signature. (7/1/20) G. Appointment of Minor’s Counsel 1. Application for Panel Counsel wishing to be included on the Court’s panel of attorneys approved for appointment as minor’s counsel shall submit a complete and signed Declaration of Counsel for a Child Regarding Qualifications (FL-322), a cover letter requesting consideration that may include any pertinent information not contained in the FL- 322 and, optionally a current curriculum vitae, to the Family Law Clerk’s Office, marked “Attention: Minor’s Counsel.” The caption of the FL-322 and item No. 2 shall be left blank and the form will not be file-marked. (1/1/22) 2. Decision on Panel Applicants Attorneys shall be approved by the Supervising Family Law Judge after consultation with the Family Law Team Judges. The decision is final and the non-reviewable, though attorneys may reapply no sooner than one (1) year after an unsuccessful application. Decisions shall be made from time to time, as meetings of the Family Law Team Judges allow, with no definitive approval period other than an annual review of all counsel approved for appointment. Counsel wishing to remain on the Court’s appointment list shall file a new, signed FL-322 at the beginning of each calendar year. (1/1/22) 3. Appointment as Minor’s Counsel Upon acceptance and appointment, the Order Appointing Counsel for a Child (FL- 323) shall be prepared and completed by the judge assigned to the case for all purposes and then filed and served in conformity with law and procedure. In the assigned judge’s discretion, minor’s counsel to be appointed may submit a proposed FL-323 for the assigned judge’s review and approval. If the FL-322 filed pursuant to part G (1.) or G (2.) was submitted more than a year prior to actual appointment, then minor’s counsel shall submit a new, signed FL-322 within ten (10) court days of appointment. (1/1/22) 4. Compensation of Minor’s Counsel The default hourly rate for minor’s counsel shall be set pursuant to the Court’s policy and is currently $125 per hour where fees are to be paid as a public charge. Any deviation from this rate must be addressed to the assigned trial judge and shall be determined in the judge’s discretion based on findings in the particular case, to be included in the FL-323 order appointing counsel. (1/1/22) 5. Complaint Procedure re Minor’s Counsel All complaints regarding minor’s counsel shall be directed in writing to the Supervising Family Law Judge, who shall take appropriate action upon the request within a reasonable time, or who may refer the matter to the next regular meeting of the Family Law Team to do so. The complainant shall be provided a written response acknowledging the complaint and advising when review and consideration are complete. Any party dissatisfied with the action taken, if any, may bring a formal motion to the Court by filing a Request for Order (FL-300), checking the “Other” box, and entitling the order request, “Motion to Disqualify or Vacate Appointment of Minor’s Counsel.” Decisions on such motions are subject to review by writ or appeal as provided by law. (1/1/21, 1/1/22) 7.27 Guardianships A. Consolidation of Adoption and Guardianship Proceedings If an adoption proceeding is pending involving a minor who is also the subject of a petition for guardianship, the proceedings will be consolidated and heard in the department designated by the presiding judge to hear adoption and guardianship proceedings. (7/1/20) B. Appointment of Temporary Guardian 1. General Procedures: If a Temporary Guardianship is needed, a Petition for Appointment of a Temporary Guardian must be filed concurrently with, or subsequent to, the filing of a petition for appointment of a general guardian. If a temporary petition is to be presented ex parte, notice of such application is required pursuant to Probate Code section 2250, subdivision (c). A proof of service shall be filed in the action. (7/1/20) 2. Ex Parte Exception: If a minor has been living with the proposed guardian for a considerable time and there is sufficient reason to believe that a parent(s) will remove the child from the petitioner’s custody upon being served with the notice of the temporary guardianship application, the Court will consider an ex parte temporary guardianship. (7/1/20) 3. Mediation: At the hearing on the temporary guardianship, the matter may be referred to the Court Investigators’ Office for mediation. (7/1/20) 4. Investigation: Prior to the date set for the ex parte appointment, all petitions and documents pertinent to the temporary application shall be reviewed by the Court Investigator. The petition shall state the facts giving rise to the need for the guardianship and for issuance of ex parte orders. (7/1/20) 5. Judicial Review: Temporary petitions will be reviewed by the Court Investigators. A petition will go to the judge only if it is procedurally correct and if the required notice has been given or dispensed with. Unless some degree of urgency is present, the Court ordinarily will not entertain an ex parte application for appointment of temporary guardian. (7/1/20) 6. Uncontested Hearing: If no opposition is presented and the matter appears appropriate, the Court may grant the petition without an appearance. (7/1/20) C. Reconsideration of Temporary Guardianships Each petition for temporary guardianship granted on an ex parte basis will be set for a hearing pursuant to Probate Code section 2250, subdivision (d) no more than thirty (30) days from the date the judge signs the order. That hearing date will be assigned and calendared by the Superior Court Clerk’s Office at Family Court Services, Room 221. (7/1/20) D. Appointment of General Guardian 1. General Procedures: Hearings on guardianship proceedings are held on Monday through Thursday mornings in the Family Court. In cases where there are no objections or the parties are present and agree the Court Investigator/Mediator will interview the parties to obtain pertinent information. The matter will be continued for appropriate criminal and Child Protective Services checks on the Petitioner. A brief report will be submitted at the court hearing recommending either for or against the proposed guardianship. Appearance of the proposed guardian and counsel are required. The Court does not favor dispensing with statutory notice for the appointment of a general guardian of a minor. However, the Court may dispense with notice if sufficient grounds are given to justify that notice cannot be given with reasonable diligence or that the giving of such notice is contrary to the interests of justice. In all cases the Court will require nomination or consent of a minor if such minor is twelve (12) years of age or older and if such minor has the capacity to nominate. (7/1/20) 2. Service: Endorsed filed copies of all documents shall be served by first class mail on the Court Investigator, P.O. Box 3488, Modesto, CA 95353 or personally delivered to Family Court Services/Court Investigators’ Office, Room 221, at the Courthouse, no less than forty-five (45) days prior to the hearing, or on the date of the filing of such documents. (7/1/20) 3. Confidential Statement: A detailed statement under penalty of perjury of the facts giving rise to the necessity for the guardianship shall be filed with each petition. The statement shall be given to the Family Law clerk or be in pleading form and marked “Confidential”. It shall be placed in a confidential envelope by the clerk. (7/1/20) 4. Consents: Where a petition seeks the appointment of a non-petitioning guardian, a consent to serve as guardian must be filed for each non-petition guardian. (1/1/14, 7/1/20) E. Notice of Hearing 1. Relative Guardianships. When a petitioner requests appointment of a relative (by blood or marriage) as guardian of the person and/or estate of a minor, a filed marked copy of the notice of the hearing and a file marked copy of the petition shall be mailed by first class mail to the Court Investigators’ Office at P.O. Box 3488, Modesto, CA 95353, or personally delivered to the Court Investigators’ Office in Room 221 of the Courthouse on the day the petition is filed. (7/1/20) 2. Non-Relative Guardianships. When a petition requests appointment of a non-relative as guardian of the person of a minor, notice of the hearing and a copy of the petition must be mailed to Child Protective Services-Intake, Stanislaus County Department of Social Services, P.O. Box 42, Modesto, CA 95353. Petitions for appointment of a guardian shall be set for hearing at least twenty (20) days after the date of filing. Although only fifteen (15) days’ notice is required by the Probate Code, the additional time is necessary to insure that the proceeding is not delayed because the agencies did not have sufficient time to complete their investigation. (7/1/20) F. Investigation Fees re: Guardian Contact the Superior Court Clerk at Family Court Services for the amount of the current investigation fee in Relative and Non-relative Guardianship cases. If it appears that the payment of the fee would cause a hardship, the fee may be waived upon application to the Court. The fact of the hardship may be established in the same manner as in a domestic relations proceeding. (7/1/20) G. Guardianship of the Person – Documents to Court Investigator In all matters affecting the custody of a minor, in addition to endorsed filed copies of all petitions, notices and proofs of service, the following shall be provided to the Court Investigator: (7/1/20) 1. Judicial Council form Declaration Under Uniform Child Custody and Jurisdiction Act; (7/1/20) 2. A copy of the minor’s birth certificate; (7/1/20) 3. The local form “Relative Guardianship Questionnaire”. The questionnaire is available from the Superior Court Clerk’s Office or the Court Investigator’s Office; and (7/1/20) 4. A detailed statement under penalty of perjury of the facts giving rise to the necessity for the guardianship shall be filed with each petition. The statement shall be in pleading form and marked “Confidential”. It shall be placed in a confidential envelope by the clerk. (7/1/20) H. Mediation of Guardianship 1. Calendaring: Hearings on guardianship proceedings are held Monday through Thursday mornings at 8:30 a.m. in the Family Court. (7/1/20) 2. Investigator Assistance: In any case where the Petitioner and parent are present and the parent objects to the guardianship, the matter will be referred to the Court Investigators’ Office for mediation. The Court Investigator will meet with the parties for the purposes of assisting them in reaching an agreement on custody and/or visitation. 3. Stipulations: The matter may be resolved, wherein an order will be prepared by the Investigator’s Office setting forth the nature of the guardianship if appropriate, conditions of the child being returned to the parent and any visitation that is agreed upon. Other guidelines may be set forth to bring the matter to a resolution that is in the best interest of the child. 4. Continuances: The matter may be continued for review by the mediator to allow the parties to modify and/or change the circumstances of the parent in such a fashion that an agreement is reached to either return the child to the parent or continue with the guardianship. (7/1/20) 5. Recommendations: Regardless of whether an agreement is reached, the matter will be referred to the Court Investigators' Office for an investigation and report. A temporary recommendation shall be made by the mediator regarding the placement of the minor pending the investigation. That recommendation may include a visitation plan to either party during the period of continuance. 6. Contested Matters: If no resolution is ultimately reached, a long cause hearing will be required. (7/1/20)

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.