Loading…
Chapter 21: the attorney fee schedule in actions on promissory notes and contracts and in foreclosures - $250 for the first $1,000, the percentages of the following amounts, unlawful detainer $450 (Rule 21.01); appointed counsel and public defense services (Rule 21.02); appointment and compensation of indigent defense counsel under the Appointed Services Fee & Expense Schedule (Rule 21.03); and authorization for ancillary defense services (Rule 21.04).
California > Second Appellate District > Ventura County > Superior Court of California, County of Ventura
CHAPTER 21: ATTORNEY SERVICES AND FEES RULE 21.00 IN A TORT CASE INVOLVING A MINOR OR PERSON WITH DISABILITY (Deleted effective January 1, 2024) RULE 21.01 IN AN ACTION ON A PROMISSORY NOTE, CONTRACT PROVIDING FOR THE PAYMENT OF ATTORNEY FEES AND FORECLOSURE. The following attorney fees shall be awarded under normal circumstances in an action on a promissory note, contract providing for the payment of attorney fees and foreclosure: A. DEFAULT ACTION ON NOTE OR CONTRACT. Exclusive of costs: Any part of first $1,000- $250 20 percent of next $4,000 15 percent of next $5,000 10 percent of next $5,000 5 percent of next $35,000 2 percent of next $50,000 1 percent of the amount over- $100,000. Unlawful Detainer $450. In an action upon a contract providing for attorney fees the Executive Officer and Clerk shall include in the judgment attorney fees in accordance with this schedule, not to exceed the amount prayed for. B. FORECLOSURE OF MORTGAGE OR TRUST DEED. The same amount as computed under subdivision (A). C. FORECLOSURE OF ASSESSMENT OR BOND LIEN RELATING TO A PUBLIC IMPROVEMENT. The same amount as computed under subdivision (A). (Revised effective July 1, 2025) RULE 21.02 COURT APPOINTED COUNSEL AND PUBLIC DEFENSE SERVICES A. DETERMINATION OF ATTORNEY COMPENSATION AND NECESSARY EXPENSES OF DEFENSE. In each case in which a person has been furnished services of counsel or other defense services at public expense, upon conclusion of the proceedings the court shall make a determination of the county cost incurred for attorney compensation and necessary expenses of defense. Counsel shall be prepared at that time to submit an approved form of client financial statements and itemized information as to the time devoted to the case, expenses incurred, and all claims made, and compensation received in connection with the case. Expenses will not be considered reasonable unless authorized by the court before they are incurred. (Revised effective January 1, 1999) RULE 21.03 COURT APPOINTED INDIGENT DEFENSE COUNSEL AND COMPENSATION A. Appointment of Counsel. In any case where a defendant cannot afford counsel as determined under Penal Code §987, counsel shall be appointed in the following order: (1) the public defender; (2) conflict defense panel; (3) private counsel. This order may be varied, if appropriate under existing contracts, statutes, or case law. All case appointments are subject to Penal Code §§987.05 and 987.3. B. Attorney Fees & Costs Reimbursement. 1. Private counsel will be compensated under a set hourly rate or fixed amount, as determined by the court under Penal Code §987.3. The Court has adopted the Appointed Services Fee & Expense Schedule, which sets out the allowable rates and reporting requirements for payment and reimbursement. The Schedule is available in the Clerk’s Office, on the court website, or from the office of the County Executive Officer. The rates set by the court are subject to change. 2. Appointment and compensation of private counsel shall be by Minute Order or written order by the Criminal Supervising Judge or his/her designee. Services shall end upon entry of judgment or order granting probation unless otherwise ordered. 3. Subject to Penal Code §987.3, all compensation must be approved by the court and may be capped. If appointed, counsel seeks to receive compensation above and beyond the amounts allowed under the Schedule or for services or expenses that must be pre-approved, counsel must contact the Judicial Secretary to the Criminal Supervising Judge to schedule an in camera ex parte hearing. a. Counsel must submit to the Criminal Clerk’s Office (Room 118) under seal, an application including a declaration before any such services are performed justifying that such services are “necessary” to enable counsel to render legally adequate defense services along with a proposed order. The declaration must include sufficient detail to demonstrate good cause for the additional amounts. A boiler plate declaration will not be considered sufficient. b. The ex parte documents are to be submitted prior to the in camera hearing to allow adequate time for review. Whenever practicable, the papers should be submitted to the clerk’s office by noon the day before the ex parte hearing. Counsel is not to submit the papers to the judicial assistant in the courtroom prior to or at the time of the hearing. c. The court in its discretion may grant the request prior to the in camera hearing and order the hearing off calendar. 4. All requests for payment and reimbursement shall comply with the terms and conditions set forth in the Schedule, unless otherwise approved by the court. All claims must be submitted with an itemized billing or listed on a completed County of Ventura Court-Appointed Claim Form, with copies of receipts for expenses attached along with a copy of any court order(s) that authorized such expenditures. Claims must specify the case number, an hourly rate, and time billed in increments of no greater than six minutes (1/10th hour) intervals. Attorneys shall present the claims to the court. If approved, the court will forward to the County Executive Office for processing. (Effective July 1, 2016) RULE 21.04 AUTHORIZATION TO USE ANCILLARY DEFENSE SERVICES A. Reasonable ancillary defense services are defined to include, but not limited to: services of investigators, experts, and paralegals. Before incurring expenses for ancillary defense services, counsel or a self-represented defendant shall make an application and follow the procedures and guidelines set out in Local Rule 21.03 and the Appointed Services Fee & Expense Schedule referenced therein. B. Ex parte applications shall be supported by a declaration, setting forth the following facts: 1. The reason such services are reasonably necessary in the preparation of a defense; 2. The type of service being requested; 3. The name of the provider being requested and a brief statement of the provider’s qualifications to provide the requested services; 4. Where the provider is required by law to possess a license to provide the requested service, the application shall include the provider’s license number or specify any exemption to the licensing requirement applicable to the provider; 5. The requested hourly rate and a request for authorization to spend up to a specific dollar amount. If the request is for an expert witness for a subject area included on the “Service Vendor Rate Schedule” referenced in Local Rule 22.00, the listed hourly rate shall be deemed the reasonable approved rate, absent a showing of good cause as to why a higher rate should be approved. If the application is made by privately retained counsel, the initial application must also include a Declaration re Indigence from the defendant in support thereof. C. After the initial approval of ancillary services by the court, counsel or a self-represented defendant may apply for authorization of additional expenditures, if counsel or the self-represented defendant believes there is a reasonable likelihood that the amount originally authorized for ancillary services will be exceeded. An application for additional expenditures shall include in the declaration in support of the request, the amounts previously authorized and/or denied and the reasons a greater amount is being requested. A copy of any previous orders authorizing or denying expenditures shall be attached. D. Only when exigent circumstances exist may an attorney or self-represented defendant engage ancillary services without prior court authorization. If an attorney or self-represented defendant does so, the attorney or self-represented defendant must immediately thereafter make application to the court for authorization for such services and show by declaration, exigent circumstances justifying the use of such services without prior court authorization. Exigent circumstances may include, but are not limited to, circumstances in which there is a need to preserve or document physical evidence, which would dissipate before court authorization could be obtained. E. Claims for payment for ancillary services are to be submitted in the manner set out for appointed attorney services in Local Rule 21.03. F. The court will review all claims and the Supervising Criminal Judge will reduce or deny any amounts deemed excessive. (Effective January 1, 2024)
CHAPTER 21: ATTORNEY SERVICES AND FEES RULE 21.00 IN A TORT CASE INVOLVING A MINOR OR PERSON WITH DISABILITY (Deleted effective January 1, 2024) RULE 21.01 IN AN ACTION ON A PROMISSORY NOTE, CONTRACT PROVIDING FOR THE PAYMENT OF ATTORNEY FEES AND FORECLOSURE. The following attorney fees shall be awarded under normal circumstances in an action on a promissory note, contract providing for the paymen
Reviewer note: Composed 2026-10-07 (California T4 Ventura build 2026-10-07) from BenchPath custody ca/t4/ca-ventura/docs/general/ventura_county_rules_of_court.pdf (9476523 bytes, sha256 1d89183a36d880b3483586b9c4f3c9554799c2a7bb7bc9907c2200c2b01483c7; 116 pages; this card is from the rule body, pages 10 to 77, composed once and cut at the chapter headings) with the shared verbatim composer (v2 reflow). The running header (“Ventura County Superior Court Rules”, “July 1, 2026”) and the page numbers removed as chrome; the cover, the judges and officers page, the table of contents, Appendix II (the fee schedule), Appendix III (the local forms lists) and the index belong to no card; Chapters 16, 23, 24 and 27 print only deleted rules (no card); the strike report found no struck text; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass.
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.