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Rules 600 to 709: the court following California Rules of Court, rule 3.714, the clerk issuing a Case Management Conference date no less than 120 days after the complaint is filed, the Notice of CMC served with the summons and complaint and on new cross-defendants and later-named defendants, proof of service filed within 60 days, the parties ordered to meet and confer before the CMC on an agreed mediator and mediation date, a CMC statement on form CM-110 or a joint statement filed and served no later than 15 calendar days before the CMC, assignment to the South County Justice Center on a written stipulation of all parties at least 15 days before the CMC, counsel and unrepresented parties present in person, remotely or by telephone under rule 108 with information and authority, and sanctions for failure to attend (600); order to show cause sanctions, the civil calendar clerk notified in writing of a settlement and a dismissal, judgment or statement of conditional settlement filed within 10 days (601); no at-issue memorandum or separate trial setting conference (602); cases presumed completed within one year unless designated protracted on motion (603); the complaint served and proof of service filed within 60 calendar days unless a Request for Extension of Time in the form of Appendix 9 is filed (604); arbitration under Code of Civil Procedure section 1141.10, the amount in controversy determined at the CMC, a back-up trial date, the hearing within 120 days of the order if no time is set, and binding arbitration only on the client's signed written consent (605); mandatory settlement conferences except small claims trials de novo, a written statement delivered to the civil calendar clerk and all other counsel no later than 5 court days before, not filed, and parties and insurance representatives with full authority present (606); hearings continued by written stipulation with the calendar clerk's permission, no more than two times or within 24 hours without an order, no matter taken off calendar after a tentative ruling, trial continuances only on good cause under rule 3.1332, and trial counsel designated within 30 days of the CMC (607); in cases estimated for five or more days of trial, all motions filed and served at least five court days before trial, and Evidence Code section 402 requests over five (5) minutes in writing (608); uninsured motorist cases designated on application within 30 days, a hearing six months later (609); a bankruptcy stay limited to the filing defendant, status reviewed in 12 months (610); counsel meeting and conferring at least five (5) court days before trial on jury instructions or trial briefs and a joint binder of pre-marked exhibits, and a trial readiness conference before the trial judge on the Friday before trial, trial counsel attending personally (611); tentative rulings in civil law and motion available no later than 3:00 p.m. the court day before the hearing by telephone at (559) 737-4339 or on the court's website, oral argument only on notice to all other parties by telephone or in person and to the court by telephone at (559) 730-5010, facsimile to (559) 733-6774 or email to research_attorney@tulare.courts.ca.gov by 4:00 p.m. the court day before (701); 24-hour notice or a court order to take a matter off calendar, never after the tentative ruling (702); civil ex parte hearings at the time the assigned judge designates, reserved with the judge's clerk, all papers filed by 10:00 a.m. on the day before the hearing (704); judicial notice material copied and attached (705); guardian ad litem petitions and minors' compromises on the Judicial Council mandatory forms, an acknowledgment of receipt within two weeks of the order, blocked-account funds released at 18, and a Certificate Accounting for Funds Withdrawn From Minor's Account within 15 days of a withdrawal order (706); an annuity considered for a minor's compromise (707); default attorney fees under the Appendix 8 schedule with the attorney's declaration (708); and CEQA mandamus actions filed in the Visalia civil clerk's office, the electronic administrative record (rule 3.2207), a hearing requested within 90 days of filing, briefing completed within 90 days and a hearing not more than 30 days after, and two trial notebooks filed 14 days before the hearing (709)
CHAPTER 6 - MANAGING CIVIL CASES Rule 600 - Case Management Conference (a) The Judicial Council has implemented state rules for the management of civil cases (Cal. Rules of Court, Chapter 2 Trial Court Management of Civil Cases, rules 10.900, et. seq.). In recognition of the state rules requiring the court to implement a case management Plan, the court elects to follow California Rules of Court, r
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 38 to 47, printed pages 38 to 47) 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. Review note: Rule 703 is printed “Courtesy Copy to Research Attorney - Omitted (7/1/2018)”; the Civil page (carded) still reminds the bar of “the requirement set forth in Local Rule 703” - a review task on that card. Rule 704 has the attorney contact the judge's clerk to reserve an ex parte date and time; the proposed rules for January 1, 2027 (held) would have requests to set a civil ex parte matter e-mailed to the civil courtroom clerks. Rule 701 makes tentative rulings available by 3:00 p.m. the court day before; the Online Services page (held) says they are updated “by 3:00pm the day prior to hearing”.
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.
California > Fifth Appellate District > Tulare County > Superior Court of California, County of Tulare
CHAPTER 6 - MANAGING CIVIL CASES Rule 600 - Case Management Conference (a) The Judicial Council has implemented state rules for the management of civil cases (Cal. Rules of Court, Chapter 2 Trial Court Management of Civil Cases, rules 10.900, et. seq.). In recognition of the state rules requiring the court to implement a case management Plan, the court elects to follow California Rules of Court, rule 3.714. (1) At the time the complaint is filed, the clerk will issue a hearing date for the Case Management Conference (CMC) to plaintiff that is no less than 120 days after the filing of the complaint. Plaintiff must serve a Notice of CMC on each defendant along with the summons and complaint. (2) Any party who files and serves a cross-complaint prior to the CMC must serve on each cross-defendant who is a new party to the action, a copy of the Notice of CMC along with the summons and cross-complaint. If a new cross-defendant is served after the initial CMC, the cross-complainant must serve the new cross-defendant with notice of any pending CMC, any assigned mediation date, trial, or settlement conference dates, and any other dates set by the court or orders made at the CMC. (3) If the plaintiff adds a new defendant or identifies a fictitiously named defendant after the initial CMC, along with the summons and complaint, plaintiff must serve the newly named defendant with notice of any pending CMC, any pending mediation date, any assigned trial and settlement conference dates, and any other dates set by the court or orders made at the CMC. (4) Proof of service of Notice of the CMC must be filed with the court within 60 days from the date the complaint is filed and may be included in the proof of service of the summons and complaint or cross-complaint. (5) This court has found that mediation is highly desirable and orders the parties to meet and confer prior to the CMC date regarding an agreed upon mediator and mediation date and time. A list of mediators and their fees are provided by the court in its ADR package, which can be obtained on the court’s website at https://www.tulare.courts.ca.gov/divisions/civil. The mediator must be agreed upon before the CMC and the mediation date and time cleared with the mediator so the court may enter the date in the court’s minute order. (6) Under California Rules of Court, rule 3.725, no later than 15 calendar days before the date set for the CMC, each party must file a CMC statement and serve it on all other parties in the case. Parties must use the mandatory CMC Statement (Judicial Council form CM-110). All applicable items on the form must be completed. (7) In lieu of each party’s filing a separate case management statement, any two or more parties may file a joint statement. (8) In the event all parties stipulate in writing presented to the clerk at least 15 days prior to the Case Management Conference, any matter will be assigned for all purposes to the South County Justice Center. Requests to transfer made after the deadline for filing a stipulation will be at the discretion of the assigned judge. (b) Presence Required - Counsel and unrepresented parties are required to be present, either in person; by remote appearance as permitted by law (see https://www.tulare.courts.ca.gov/online-services/request-remote-hearings for information on remote appearances); or by telephonic appearance pursuant to The Superior Court of Tulare County, Local Rules, rule 108, and must have: (1) sufficient information and understanding of the case to evaluate it accurately, and (2) sufficient authority to enter into binding agreements such as the diversion of the case to arbitration, including binding arbitration, the setting of a trial date and mandatory settlement conference date, the dismissal of doe defendants or other parties, and the setting of a further case management conference. (c) Compliance - Failure to attend the case management conference will result in the court making whatever orders and imposing whatever sanctions as may be necessary and appropriate to obtain compliance with these rules, including but not limited to, a waiver of the right to a jury trial and a waiver of the right to object to a referral to arbitration or other alternate dispute resolution procedure. (d) Waiver of Notice - When all parties are present at the case management conference and a trial date and settlement conference dates are agreed to by the parties or ordered by the court, such presence is an effective waiver of a separate or formal notice of settlement conference and trial date. (01/01/03) (Revised 01/01/07, 01/01/09, 07/01/11, 07/01/17, 07/01/24) Rule 601 - Policy (a) Hearing on Order to Show Cause - At an order to show cause hearing, the court may make whatever orders and impose whatever sanctions as may be necessary or appropriate to obtain compliance with these rules. Such orders may include requiring the filing of documents or the carrying out of other acts required to proceed with the case. Such sanctions may include imposition of monetary fines or other consequences as set forth in The Superior Court of Tulare County, Local Rules, rule 103. The failure of counsel, or an unrepresented party, to appear at a hearing on an order to show cause will be an unqualified waiver of any objection to any order or sanction made or imposed by the court at such hearing. (b) Final Disposition of Case - No case will be removed from the civil active list except by order of court. The civil calendar clerk must be notified in writing immediately upon settlement of a case. A dismissal, judgment, or a statement of conditional settlement must be filed within 10 days of such action (Cal. Rules of Court, rule 3.1385). No case will be removed from the civil active list except by court order. No time standard or deadline specified in this chapter nor any schedule, dates, time limitations or other requirements imposed by any order made pursuant to this chapter may be modified, extended or voided by any stipulation or agreement of the parties unless a written order approving the same is first obtained from the presiding judge. Such order may be obtained only upon a showing of good cause. (01/01/03) (Revised 01/01/07) Rule 602 - Reduction of Unnecessary Paperwork and Avoidance of Unnecessary Court Appearances To reduce the public’s costs in money, time, and resources in the conduct of civil litigation, it is the policy of this court to reduce the preparation, mailing, and filing of documents whenever possible. To this end, these rules have eliminated the filing of an at-issue memorandum or a counter at-issue memorandum. To further implement this policy, unnecessary court appearances are avoided by the elimination of a separate trial setting conference and by allowing telephone appearances at the case management conference pursuant to The Superior Court of Tulare County, Local Rules, rule 108. Counsel and the parties are urged to manage each case in such a manner as to avoid the issuance of orders to show cause. (01/01/03) (Revised 01/01/07) Rule 603 - Case Designation All civil cases must be classified by the court pursuant to California Rules of Court, rule 3.714, with the court presuming that the case can be completed within one year. For a case to come under any other designation, the parties must make a motion to the court to have the case designated as protracted. Protracted cases are those which comply with California Rules of Court, rule 3.400. (01/01/03) (Revised 01/01/07) Rule 604 - Service of Complaint (a) Timing - Pursuant to the delay reduction rules, within 60 calendar days of filing, the complaint must be served and a proof of service as to each named defendant filed with the court, unless a “Request for Extension of Time” is filed with the court stating facts establishing good cause as to why service has not been made, or should not be made, upon all parties within the time as provided in this rule. The request and order to obtain an extension of time must be in the form as set forth in Appendix 9. Upon filing the “Request for Extension of Time,” the court may, (1) grant an extension of time to a specified date, (2) deny the request, or (3) conduct a hearing to determine the setting of the date for compliance with these rules. (b) Compliance - Upon failure to serve the complaint and file proof of service or dismissal as to each named defendant, or to file a “Request for Extension of Time” as required by these rules, the court will issue an “Order to Show Cause” as to why the party or counsel should not be sanctioned. Service of the complaint and filing the proof of service after the “Order to Show Cause” has been issued will not relieve the party from the imposition of the sanction. For administrative tracking purposes, the filing of an answer or other responsive pleading by a defendant does not obviate the need to file a proof of service. (07/01/97) (Revised 01/01/07) Rule 605 - Arbitration The provisions of Code of Civil Procedure section 1141.10 et seq., and California Rules of Court, rules 3.810 et seq., are augmented or emphasized as follows: (a) The amount in controversy in each case will be determined at the case management conference. The court may also order an increase to the limit on the amount the arbitrator is otherwise authorized to award. All cases to which Code of Civil Procedure section 1141.11 applies will be submitted to arbitration by the case management judge if the case is appropriate for arbitration pursuant to the code. (b) If a case is ordered to arbitration, a back-up trial date will be selected so that the case will proceed expeditiously to trial if the case is not resolved by arbitration. The court will also set the time limit for conducting the arbitration hearing in order to afford the parties a reasonable opportunity to conduct discovery. If no time is set, the arbitration hearing must be held within 120 days of the order. (c) With the consent of the arbitrator and the court, the parties may stipulate to continuances. (d) Whenever parties fail to appear at a scheduled arbitration hearing without having previously notified the arbitrator, the case must be certified to the presiding judge who will order the parties and their counsel to appear to show cause why they failed to appear. Without a showing of good cause, appropriate sanctions will be imposed. (e) If a party requests a trial de novo after arbitration, the request may not be withdrawn except by a written stipulation, signed by counsel for all parties appearing in the case, expressly agreeing that a non-appealable judgment may be entered on the arbitration award. If a request for a trial de novo is not timely filed, the clerk will, upon the expiration of the time for filing, forthwith enter the award as a judgment, and will vacate the back-up trial date. (e) If the parties consent to binding arbitration, the consent must be stipulated to in writing and must be signed by the client or clients whose rights are affected by such consent. (07/01/97) (Revised 01/01/07) Rule 606 - Settlement Conference Settlement conferences are mandatory in every case except trials de novo in small claims cases. Counsel for each party must comply with California Rules of Court, rule 3.1380, and deliver to the civil calendar clerk and all other counsel, no later than 5 court days prior to the conference, a written statement including: (a) Contentions as to what counsel believes are the specific material facts. In a personal injury case, copies of the official accident report, all relevant medical reports, and a summary of expected medical testimony with identification of each witness must be attached; (b) Legal and factual contentions set forth with particularity; (c) Citation of authority for all legal contentions; (d) An itemized list of special damages claimed. If earnings loss is claimed, a copy of Employer’s Wage Loss Statement must be attached. If a wage loss statement is not available, a method of computation of claimed loss of earnings, earning capacity, or loss of profits must be attached; and (e) Any other information that counsel feels may be helpful to the court in familiarizing the court with the case. Counsel should be prepared to respond to the “Settlement Conference Check List” in Appendix 1 of these rules. A statement that the information required is unknown will be cause for imposition of sanctions unless good cause is shown for failure to respond. Since these statements are to be used by the court and counsel solely for the purpose of the settlement conference, they will not be filed in the action. Therefore, counsel should feel entirely free to set forth all matters they deem necessary to facilitate the conference. A specific settlement amount may be included. Nothing contained in any pretrial statement or any statement made by any party at the settlement conference will be received in evidence in the proceeding. Since any settlement requires the consent of all the interested parties, all interested parties or their representatives with authority to bind the parties must be present in the courtroom. In those cases which require consent of an insurance carrier to arrive at a settlement, an authorized claims or insurance representative of the carrier, who is fully familiar with the case and who has full authority to settle the case, must also be present in the courtroom. “Full Authority” is defined as authority to pay the last settlement demand. The insurance carrier’s attendance may, at the discretion of the judge, be excused upon prior written application to the court if, (1) the carrier has no California claims office or representative, and (2) the carrier has an authorized claims or insurance representative with full authority to settle available by telephone during the settlement conference. Counsel attending the conference must be completely familiar with the facts of the case and the law applicable thereto. It is the intent of the court to explore the case in depth; therefore, counsel will be expected to be fully prepared on all aspects of the litigation. Compliance with these requirements and complete cooperation between counsel and the court are essential to make the settlement conference productive. (07/01/97) (Revised 01/01/07, 01/01/09, 01/01/16) Rule 607 - Continuances; Taking a Matter Off Calendar (a) Matters Set for Hearing - Matters set for hearing may be continued with agreement from opposing parties or counsel and permission from the calendar clerk. A written stipulation by the parties or counsel must be sent to the calendar clerk. No such matter will be continued more than two times or within 24 hours of the time set for hearing without a specific order of the court. If the parties do not agree, the party seeking a continuance can do so on a noticed motion or by a motion made at the time of hearing which the court may grant for good cause shown and upon such terms as the court in its discretion may impose. Only the moving party will be allowed to take a matter off calendar. The request must be in writing. No matter will be taken off calendar by any party once a tentative ruling has been issued. (b) Matters Set for Trial - Continuances of all matters set for trial, including short cause matters, will be granted by the judge assigned to hear the case only upon an affirmative showing of good cause within the meaning of California Rules of Court, rule 3.1332. If necessary and justified, the moving party on a motion to continue may seek an order by an ex parte hearing under California Rules of Court, rules3.1332 and 3.1200, et. seq. Appearances are required on all motions and requests to continue trial dates so that a new trial date can be established if the motion or request is granted. It is the policy of the court to be extremely strict in granting continuances. No continuance will be granted in any event unless there is a factual showing of good cause for such continuance. (c) Designation of Trial Counsel - Where there is more than one attorney in a firm, the unavailability of the particular attorney who intends to try the case will not be considered good cause for a continuance unless, (1) trial counsel is designated by giving notice to the court and to all parties within 30 days of the case management conference, or (2) all trial attorneys in the firm are in trial on the assigned trial date. (d) Notice of Case Disposition - All parties must strictly comply with California Rules of Court, rule 3.1385 to notify the court of settlement or stay of any pending cases. The parties must also notify the court if there is a dismissal or any other event or circumstance that would vacate the trial date. (07/01/97) (Revised 01/01/07, 01/01/09) Rule 608 - Pretrial Motions - In Limine and Evidentiary Hearings (a) In cases estimated for five or more days of trial, counsel must file and serve at least five court days prior to trial date, all motions expected to be made prior to trial or during trial. The document must be properly captioned, must succinctly state the nature of the motion or evidence question with a citation to appropriate code or case law, and must set forth the specific trial court action requested and the facts relied upon to justify the request. An estimate of the time necessary for the hearing of such motions must be set forth on the caption page covering the motions. All documents filed pursuant to these requirements must be filed with the superior court clerk with a separate copy directed to trial court chambers. Failure to file and serve these motions at least five court days before trial may be deemed a waiver of the moving party’s right to make such motions. (b) All requests to determine evidentiary matters pursuant to Evidence Code section 402 which are anticipated to require more than a five (5) minute hearing shall be in writing and shall be scheduled for hearing such that they can be completed no later than the date set for the Readiness Conference. (07/01/97) (Revised 01/01/07, 01/01/09) Rule 609 - Uninsured Motorist Cases An action for personal injury or property damage against an uninsured defendant may be designated an “uninsured motorist case” upon application of the plaintiff filed within 30 days of the commencement of the action. California Rules of Court, rule 3.712, and Government Code section 68609.5 apply to uninsured motorist cases. Upon the filing of such an application, the court will set a hearing date six months from the date of the designation. At the hearing, the action will be dismissed (without prejudice) unless the court, for good cause, extends the time for resolution of the case. (01/01/03) (Revised 01/01/07) Rule 610 - Bankruptcy The court must be notified in writing immediately by any defendant filing a bankruptcy petition. The case will be stayed only as to the defendant filing for bankruptcy. In a multi-party case, the action will proceed against the remaining defendants unless the court is petitioned to stay the entire action, and the court issues an order staying the entire action. Any stayed matter will be set for review of its status in 12 months. (07/01/97) (Revised 01/01/07) Rule 611 - Trial Readiness (a) In all civil cases, except short cause cases, counsel for all parties shall meet and confer at least five (5) court days prior to the date set for trial regarding the following: (1) If a jury has been requested, counsel shall prepare and exchange proposed jury instructions. Requests for special instructions not contained in CACI must be accompanied with appropriate citations of cases supporting the request. Counsel shall confer with a view to present joint agreed jury instructions at the readiness conference. (2) If no jury has been requested, counsel shall prepare and exchange trial briefs. (3) Counsel shall prepare a joint binder of documentary exhibits, pre-marked, which the parties agree are admissible. These exhibits will be admitted in evidence at trial by stipulation. All other proposed exhibits shall be identified, pre-marked, and exchanged. (4) Counsel shall discuss matters to be addressed at the Readiness Conference. (b) Except for short cause cases, a trial readiness conference shall be heard before the assigned trial judge on the Friday prior to the date set for trial. Trial counsels are required to personally attend this conference. Matters to be considered at the readiness conference include jury instructions, exhibits, motions in limine, witnesses, and such other pre-trial matters as may be determined by the trial judge. (01/01/09) CHAPTER 7 - CIVIL LAW AND MOTION Rule 700 - Preemption The Judicial Council preempted local court rules pursuant to California Rules of Court, rule 3.20 in all civil law and motion proceedings (California Rules of Court, rules 3.1100 et seq., for requirements in format and filing of papers and evidence in all motion practice). (07/01/00) (Revised 01/01/03, 01/01/07) Rule 701 - Adoption of Tentative Ruling System The court offers a tentative ruling procedure in civil law and motion matters. The court follows the procedure set forth in rule 3.1308, subdivision (a)(1), of the California Rules of Court. (a) Time by which Tentative Rulings will be Available. Tentative rulings will be made available no later than 3:00 p.m. the court day before the scheduled hearing (b) Method for Obtaining Tentative Rulings. Tentative rulings may be obtained by the following methods: (1) Telephoning the court at (559) 737-4339; or (2) Visiting the court’s website at https://www.tulare.courts.ca.gov/general-information/tentative-rulings. (c) Notice of Oral Argument Required if Court has Not Directed Argument. If the court has not directed argument, oral argument shall be permitted only if a party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear. The tentative ruling will become the ruling of the court if the court has not directed oral argument by its tentative ruling and notice of intent to appear has not been given. (d) Manner of Notice of Party’s Intention to Appear. Notice of a party’s intention to appear under subdivision (c) shall be given as follows: (1) Notice to Other Parties. A party must notify all other parties by telephone or in person. (2) Notice to the Court. A party must notify the court by one of the following methods: i. By telephoning (559) 730-5010; ii. By facsimile to (559) 733-6774; or iii. By email to research_attorney@tulare.courts.ca.gov. (07/01/97) (Revised 01/01/07, 07/01/17, 07/01/25). Rule 702 - Once Tentative Ruling Has Issued, Party Cannot Take a Matter Off Calendar A request to take a matter off calendar requires 24-hour notice, or a court order (Super. Ct. Tulare County, Local Rules, rule 607(a)). No matter will be taken off calendar by any party after the tentative ruling has issued. (07/01/00) (Revised 01/01/07) Rule 703 - Courtesy Copy to Research Attorney - Omitted (7/1/2018) Rule 704 - Scheduling Civil Ex Parte Hearings Ex parte civil matters may be heard any day of the week, pursuant to the judge’s schedule at a time designated by the judge assigned to hear the case. It is the responsibility of the attorney wishing to set a matter for ex parte consideration to contact the judge’s clerk to reserve the date and time for the hearing. All papers must be filed with the court by 10:00 a.m. on the day before the hearing date, in addition to compliance with California Rules of Court, rule 3.1200-3.1207. In the event the assigned judge is not available, the moving party is directed to contact the Court’s Administrative Office to determine which judge will hear the ex parte application. The moving party will then contact the clerk of that judge to reserve the date and time for hearing, in addition to compliance with our local rule and with California Rules of Court, rule 3.1200-3.1207. (01/01/03) (Revised 01/01/07, 07/01/11) Rule 705 - Judicial Notice Request The California Rule of Court regarding Judicial Notice is set forth in rule 3.1306(c). Even though the rule only requires the party to have the court’s file available at the hearing if the material is part of a file in the court in which the matter is being heard, the court requests you also copy and attach this material. Many times the case has become voluminous, and the documents are in multiple files. It is much more efficient for counsel to make the documents available by copies attached than for the clerk to deliver multiple files to the hearing. Since this court has adopted a tentative ruling system, failure to attach a copy may preclude the court from considering the material if the file is only provided at the actual hearing. (07/01/00) (Revised 01/01/03, 01/01/07) Rule 706 - Guardian Ad Litem Appointments and Compromise of Minors’ Claims Petitions for Appointment of a “Guardian ad Litem” must use the Judicial Council mandatory forms. The forms are available in the clerk’s office in room 201 of the Visalia courthouse and on the Web at https://www.courts.ca.gov. Minors’ compromises must be submitted on the Judicial Council mandatory forms and must include the proposed order on the Judicial Council form (also see Super. Ct. Tulare County, Local Rules, rule 707). Without good cause shown, it will be counsel’s responsibility to file an acknowledgment of receipt on the Judicial Council form within two weeks after the “Order Approving Minor’s Compromise” has been entered. Attorney fees in minor’s compromise cases must follow California Rules of Court, rule 7.955. Except as set forth above, hearings on approval of compromises of minors, conservatees, and incompetent persons will be held in open court. After hearing, if the court orders the proceeds deposited in a bank, trust company, or savings and loan association, the order approving the compromise will provide as follows: “A certified copy of this order will be delivered to the manager of the bank, trust company, or savings and loan association together with the sum to be deposited therein, and a written receipt of said bank, trust company, or savings and loan association acknowledging receipt of said sum will forthwith be filed with the superior court clerk.” In cases involving minors, the order must contain the date when the minor will attain the age of 18 years and a direction to the bank, trust company, or savings and loan association to release on such date all funds to the minor without further order of the court. Withdrawals from a minor’s blocked account will only be permitted for specific and limited purposes for which a parent/guardian is not financially capable and obligated to pay (for example, orthodontic work and tuition above the high school level). However, if both parents are too ill to work or both have been unemployed and there are no funds other than those of the minor, the court may permit the use of some of the monies, but only for necessities of the child. Any request for an order to withdraw funds from a blocked account will be carefully scrutinized by the court. Within 15 days from the date of an order to withdraw funds, the parent/guardian must file with the court a “Certificate Accounting for Funds Withdrawn From Minor’s Account.” A court-approved form for this certificate will be attached to a copy of the authorizing order to aid the parent/guardian in complying with this requirement. Failure to file a certificate can result in the court’s refusal to allow future withdrawals of funds, as well as possible contempt proceedings against the parent/guardian for failure to comply with the court order. (01/01/03) (Revised 01/01/07, 07/01/11, 01/01/2020) Rule 707 - Affirmative Duty to Explore Annuity for Minor’s Compromise The party seeking a minor’s compromise has an affirmative duty to the child, and must consider an annuity for the child. Any party not obtaining an annuity for the child’s proceeds must explain to the court why an annuity has not been considered, or if considered, why an annuity was not in the child’s best interest. (01/01/03) (Revised 01/01/07) Rule 708 - Attorney Fees on a Default Action on Note or Contract The schedule for attorney fees on a default action on a note or contract is set forth in Appendix 8. Any request for attorney fees on default to be issued by the clerk must be accompanied by a declaration from the attorney that he will accept the amount as set forth in the schedule in Appendix 8. If no declaration is attached, no fees will be awarded unless the attorney sets a hearing before a judge. (01/01/03) (Revised 01/01/07) Rule 709 - Actions Arising Under The California Environmental Quality Act (Mandate actions under Public Resources Code sections 21000 et seq. [CEQA)]) (a) Where Filed - Mandamus actions challenging an agency decision under the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) must be filed in the civil clerk’s office of the Visalia Superior Court. Each action must be accompanied by an initial filing form utilized by the court and must designate the action as Environmental Law-CEQA (Pub. Resources Code, §§ 21167.1 et seq.), and must be assigned to the designated CEQA department for all purposes. (b) Mediation – In accordance with Government Code section 66031, the parties may elect to mediate a CEQA action. They shall notify the court of the election at the trial setting conference. (c) The Administrative Record - The administrative record shall be completed in accordance with Public Resources Code section 21167.6, to the extent applicable, and rules 3.2205 through 3.2208 of the California Rules of Court, and any other applicable law. The party preparing the administrative record must prepare an electronic version of the record in conformity with rule 3.2207 of the California Rules of Court, which requirements include, inter alia, that the electronic version of the record include electronic bookmarks that identify each part of the record and clearly state the volume and page numbers contained in each part of the record, and be capable of full text searching. It is strongly encouraged that the electronic version of the index required under rule 3.2205(b) of the California Rules of Court include hyperlinks to the indexed documents. Notwithstanding the foregoing, unless otherwise required by law, any document that is part of the administrative record and for which it is not feasible to create an electronic version may be provided in paper format only. “Not feasible” means that it would be reduced in size or otherwise altered to such an extent that it would not be easily readable. (d) Requesting Hearing; Establishing the Briefing Schedule; Trial Setting - Petitioner must request a hearing within 90 days of filing the petition in accordance with Public Resources Code section 21167.4. Ordinarily, the court will not establish a briefing schedule or set a hearing date prior to confirming that the final version of the administrative record has been lodged with the court. In the absence of good cause, the court will require completion of briefing within a period of 90 days from the later of (i) the date the final version of the administrative record has been lodged with the court and (ii) the date the request for hearing is filed; and the hearing shall be set, to the extent feasible, on a date not more than 30 days after the completion of briefing as ordered by the court. Stipulations that resolve issues relating to completion of the administrative record, and as to appropriate briefing deadlines and the scheduling of hearing, are encouraged. Parties are generally expected to confer early and to cooperate in good faith to ensure expeditious determination of the matter, with due consideration for the complexity of the issues and the volume of material to be reviewed in the administrative record (and other evidence, if any). (e) Appendix of Excerpts with Briefs – Each party filing a brief must prepare and lodge with that brief an appendix of excerpts containing the documents or pages of the administrative record cited in that brief. (f) Settlement Meeting - The initial notice required by Public Resources Code section 21167.8 will provide that, if the parties agree, the first meeting will be continued so as to take place no later than 35 days after the administrative record is served. If the parties do not agree to this continued first meeting date, then the first meeting will take place in accordance with Public Resources Code section 21167.8, and a second meeting is ordered to take place within five days after the Record is served. The parties must agree as to the time and place of any meeting pursuant to Public Resources Code section 21167.8. Other meetings may be scheduled by the parties. (g) Statement of Issues – The parties are required by Public Resources Code section 21167.8, subdivision (f), and the court will not waive this requirement pursuant to stipulation. No pleading or document other than the statement of issues required by subdivision (f) of section 21167.8 shall be deemed to constitute a statement of issues for the purposes of that subdivision, though the statements of issues must be consistent with, and may not expand on, the scope of the pleadings. The statement of issues must identify those portions of the administrative record that are directly related to the issues identified therein. (h) Trial Notebook - Petitioner must prepare two trial notebooks (one for the judge and one for the research attorney), which must be filed with the designated CEQA department 14 days before the date of the hearing. The trial notebooks must consist of the petition, the answer(s), the briefs, the statement of issues, and any other document(s) agreed upon by the parties. Additionally, each party must file an exhibit notebook which must contain only the pages of the administrative record to which they have referred in their briefs. (i) Tentative Rulings – In most cases, the court shall post a tentative ruling in accordance with Local Rule 701 and the procedures under that rule shall, in that event, apply. (01/01/03) (Revised 01/01/07, 07/01/17, 01/01/26)
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.