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Rules 400 to 506: an Appellate Panel of three judges appointed by the Chief Justice, appeals from limited civil cases, misdemeanors and traffic infractions heard once a month in the Visalia courthouse, and one judge hearing traffic infractions under Code of Civil Procedure section 77(h) (400); a timely notice of appeal, filed with the trial court, a jurisdictional requirement (401); no appeal set for hearing until the record of oral proceedings or the statement on appeal is filed, a reporter's transcript where a reporter was present, a copy of the electronic recording used without transcription where proceedings were recorded, a statement on appeal for infraction proceedings, and dismissal for failure to procure the record or prosecute the appeal (402); the clerk's notice of the hearing and the briefing dates once the record is filed, the original brief with three copies, and dismissal for failure to file an opening brief (403); briefs accepted only with proof of service (404); requests to extend or shorten time in writing to the clerk, not exceeding five pages, with a declaration (405); oral argument limited to 10 minutes per side in limited civil and misdemeanor appeals and 5 minutes per side in infraction appeals, argument waived by a party absent at calendar call, continuances only for good cause, and no supplemental briefing unless the court intends to decide an issue not briefed (406); a written decision within 90 days of the hearing unless announced from the bench (407); emergency matters and writs submitted to the court administrator in Room 201 of the Visalia courthouse with proof of service, never directly to an appellate judge (408); the trial court's original file used in lieu of a clerk's transcript (409); statements of decision, orders, judgments and decrees bearing a standard caption, with opposing counsel's approval as to form or a declaration of compliance with rule 3.1312, and no proposed orders filed before the hearing (500); every order on a separate document, a second copy submitted when a request ends It is so Ordered (501); noncomplying papers not considered and signed orders filed forthwith and served (502); minute orders uploaded to the electronic file in lieu of a minute book (503); the Judicial Council's guardian ad litem forms (504); and conformed copies returned by mail only with a self-addressed stamped envelope (505)
California > Fifth Appellate District > Tulare County > Superior Court of California, County of Tulare
CHAPTER 4 - APPELLATE DIVISION Rule 400 - Appeal Hearings The Chief Justice of the California Supreme Court appoints three judges of the court to sit as an Appellate Panel of the Superior Court, pursuant to California Rules of Court, rule 10.1100. The Chief Justice also designates the presiding judge of the appellate division. Appeals from the limited civil cases, misdemeanors, and traffic infractions will be heard once a month in the Visalia courthouse at a time, date, and courtroom determined by the appellate panel and stated in the court’s judicial assignments order. Pursuant to Code of Civil Procedure section 77(h), one judge of the appellate division may hear traffic infractions. (01/01/03) (Revised 01/01/07, 01/01/09, 07/01/17) Rule 401 - Notice of Appeal A timely Notice of Appeal is a jurisdictional requirement to a valid appeal (Cal. Rules of Court, rules 8.821 and 8.822 [civil appeals], rules 8.852 and 8.853 [misdemeanor appeals] and rules 8.901 [infraction appeals]). The Notice of Appeal must be filed with the trial court (Cal. Rules of Court, rules 8.821, 8.852, and 8.901). Failure to timely file a Notice of Appeal constitutes a ground for dismissal of the appeal. (01/01/07) (Revised 01/01/09) Rule 402 - Statement on Appeal or Reporter’s Transcript Except where the appeal is on the judgment role, no appeal will be set for hearing unless and until the elected record of oral proceedings in the trial court or the statement on appeal has been filed. It is the responsibility of appellant to see that the appropriate record of oral proceedings is timely lodged with the clerk. Parties must comply with applicable statutes, codes and rules of court in preparing the record of oral proceedings. Where a court reporter was present, a reporter’s transcript of the proceedings must be obtained. Where trial court proceedings are electronically recorded, the court elects to permit the use of a copy of the electronic recording, made by the court, to be utilized in the appellate division without being transcribed (California Rules of Court, rules 8.835, 8.868, and 8.917). Infraction proceedings are not electronically recorded and limited civil proceedings may not be recorded. In such cases, a statement on appeal will be required. In the event the statement on appeal, electronic recording, or transcript has not been filed, and appellant has not commenced appropriate proceedings to mandate compliance with this requirement, the appellate division of this court may dismiss the appeal, after the court clerk has mailed notice pursuant to California Rules of Court, rule 8.842 for limited civil cases, rule 8.869(b)(3) for misdemeanor cases and rule 8.916(b)(3) for infraction cases. If appellant fails to perform any act necessary to procure the preparation or filing of the record on appeal or shall otherwise fail to prosecute his appeal with diligence, the appeal may be dismissed by the appellate division on its own motion and/or on respondent’s motion (Cal. Rules of Court, rule 8.842). (07/01/00) (Revised 01/01/07, 01/01/09, 01/01/16) Rule 403 - Briefs on Appeal As soon as the record on appeal in any case is filed, the clerk will mail to the attorney appearing of record for each party, or if any party has appeared without an attorney, then to such party personally, at the address of such attorney, or party appearing in the record, a notice stating that said record has been filed and giving the time, date, and department in which the appeal will be heard, and the dates when each party must file briefs, as provided in the California Rules of Court. (See Cal. Rules of Court, rules 8.882 and 8.927 for the allowed time for opening, responding, and replying briefs.) Briefs must comply in form and length with California Rules of Court. The original brief submitted for filing must be accompanied by three copies. Failure to file an appellant’s opening brief constitutes a ground for dismissal of the appeal (Cal. Rules of Court, rule 8.882 and 8.927). (01/01/07) (Revised 01/01/09) Rule 404 - Proof of Service No appellate brief will be accepted for filing by the clerk unless accompanied by proof of service upon the parties entitled to service under California Rules of Court, rules 8.25, 8.882, and 8.927. (07/01/89) (Revised 01/01/07, 01/01/09) Rule 405 - Orders Extending or Shortening Time Any request for routine matters such as an order extending or shortening time must be presented in writing to the clerk for the clerk to present to the presiding judge of the appellate division. The document shall not exceed five pages in length, and shall include a declaration under penalty of perjury (Cal. Rules of Court, rules 8.806, 8.810, and 8.812). (07/01/00) (Revised 01/01/07, 01/01/09) Rule 406 - Oral Argument Unless good cause is shown, counsel’s oral argument will be limited to 10 minutes per side in limited civil and misdemeanor appeals (Cal. Rules of Court, rule 8.885(d)) and will be limited to 5 minutes per side in infraction appeals (Cal. Rules of Court, rule 8.929(d). A party who is not present at calendar call is deemed to have waived oral argument unless the party has advised the clerk in advance of a delay. Continuances will not be granted without a showing of good cause. Continuances by stipulation are subject to approval of the presiding judge of the appellate division. Supplemental briefing shall not be permitted unless, after oral argument, the court intends to decide a case upon the basis of an issue not briefed or proposed by any party (Gov. Code, § 68081). (06/01/83) (Revised 01/01/07, 01/01/09) Rule 407 - Decisions Unless the decision of the court is announced orally from the bench, a written decision will be issued within 90 days of the hearing and will be mailed to all parties and to each department of the Tulare County Superior Court. (07/01/00) (Revised 01/01/07, 01/01/09) Rule 408 - Writs and/or Need for Ex Parte Hearing All matters, including writs that require emergency action by the appellate division, must be submitted to the court administrator in Room 201 of the Visalia courthouse with proof of service, informing the court staff that it requires immediate attention. The court staff will immediately contact the presiding judge of the appellate division. The presiding judge will determine what action should be taken, and the parties will be notified by court staff. Parties are never to directly contact an appellate judge and/or his personal staff. Writ petitions shall comply with Cal. Rules of Court rules 8.930-8.936. This rule 408 is not applicable to petitions for habeas corpus relief. (01/01/07), (Revised 01/01/09, 01/01/16). Rule 409 - Record on Appeal The court elects to use the original file from the trial court in lieu of a clerk’s transcript pursuant to California Rules of Court, rules 8.830(a)(1)(B) and 8.833 [civil appeals]; 8.860(a)(1)(B) and 8.863 [misdemeanor appeals]; 8.910(a)(1)(B) and 8.914 [infraction appeals]. (01/01/09) CHAPTER 5 - PRESENTATION, FILING, AND SERVICE OF COURT PAPERS Rule 500 - Statements of Decision, Orders, Judgments, and Decrees Statements of decision, orders, judgments, or decrees must bear a standard caption and must be submitted to the judge at the time of the hearing or to the judge’s clerk after the hearing. All documents submitted for a judge’s endorsement must also bear opposing counsel’s or party’s approval as to form, or a declaration of the one seeking the judge’s endorsement that he or she has complied with California Rules of Court, rule 3.1312. No proposed orders will be accepted for filing prior to the hearing of the matter. Proposed orders may be lodged in the file. If a department requires proposed orders prior to hearings, the orders must be presented to the departmental clerk and not to the clerk’s office. (07/01/00) (Revised 01/01/07) Rule 501 - Submission of Written Orders All orders must be on a separate document, for entry on the docket upon the judge’s signature. If the document has at the end of the request, “It is so Ordered,” a second copy of the document must be submitted to be the order. This allows for a different file stamp date at the top of the document on the order when it is signed. It also provides a correct date for entry of the order on the docket and provides a court order which can be found chronologically in the file. (07/01/00) (Revised 01/01/07) Rule 502 - Presentation of Documents and Service of Orders Papers that do not comply with these rules, the Code of Civil Procedure, and the California Rules of Court may not be considered by the court. All written orders signed by a judge, including orders to show cause, temporary restraining orders, and injunctions, must be filed forthwith; and an endorsed copy must be served upon the parties to be notified thereof. (07/01/00) (Revised 01/01/07) Rule 503 - Entry of Court Orders in Minutes The clerk will keep minutes of court orders and will upload a copy of each minute order in the court’s electronic file of actions in chronological order in lieu of a minute book, pursuant to Government Code sections 69844 et seq. (07/01/00) (Revised 01/01/07, 01/01/23) Rule 504 - Guardian ad Litem Forms The Judicial Council has issued forms to petition for appointment of a guardian ad litem and has made their use mandatory in almost all matters. These forms are available in the clerk’s office in room 201 of the Visalia courthouse and/or on the Web at https://www.courts.ca.gov. (01/01/03) (Revised 01/01/07, 01/01/20) Rule 505 - Self-Addressed Stamped Envelope for Conformed Copies Conformed copies, by mail, will be returned to the parties requesting them only when the request is accompanied by a self-addressed stamped envelope. (07/01/00) (Revised 01/01/07) Rule 506 - Filing of Form with Writing on Each Side (Omitted 07/01/25)
CHAPTER 4 - APPELLATE DIVISION Rule 400 - Appeal Hearings The Chief Justice of the California Supreme Court appoints three judges of the court to sit as an Appellate Panel of the Superior Court, pursuant to California Rules of Court, rule 10.1100. The Chief Justice also designates the presiding judge of the appellate division. Appeals from the limited civil cases, misdemeanors, and traffic infract
Reviewer note: Composed 2026-10-14 (California T4 Tulare build 2026-10-14) from BenchPath custody ca/t4/ca-tulare/docs/local-rules/remediated-local-rules-effective-70126.pdf (the court's rule book, its first page “(Revised 07/01/2026) TULARE COUNTY SUPERIOR COURT LOCAL RULES”, as fetched 2026-10-14; 1062132 bytes, sha256 be58dbaab3a00c40a0d8449761c1841880e50c19a0a04177d0200d6d3115984d; 138 pages; this part PDF pages 35 to 37, printed pages 35 to 37) with the shared verbatim composer (v2 reflow): the rules (PDF pages 25 to 104) composed as one text and cut at the chapter headings (“CHAPTER 1 - GENERAL ADMINISTRATION OF THE COURT” to “CHAPTER 12 - PROCEEDINGS FOR COMMITMENT OF PERSONS WITH DEVELOPMENTAL DISABILITIES ...”, Chapters 1 to 3, 4 and 5, and 6 and 7 joined) and, in Chapters 9, 10 and 11, at a rule or part heading (“Rule 920 - Custody Evaluations”; “PART THREE. Lanterman-Petris-Short Act (LPS) Conservatorships”, “PART FOUR. Compensation of Fiduciaries and Attorneys”; “Rule 1114 - Inspection and Disclosure of Juvenile Court Records (Omitted 07/01/26)”), each matched once as a whole line; every page's footer (“(Revised 07/01/2026)”, named, and its printed page number, “25” to “104”) removed as chrome - 160 chrome lines; lines reflowed into the rules' paragraphs, each chapter heading, rule heading and lettered or numbered subdivision starting a line; the strike report (review/strike-report-2026-10-14.txt) finds one struck run in the book, a single space on PDF page 131 (the standing orders), no character; 1 whitespace-only fix (build/book-fixes.json: Rule 1059(h)(1)'s inline list of the factors for fiduciary fees, broken at the foot of PDF page 86, rejoined); 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, 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 (PDF page 1), the contents (2 to 8), the list of local forms (9 to 15), the table of rule modifications (16 to 24), the appendices that are forms (105 to 115, Appendix 8 apart) and the subject matter index (133 to 138) 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.