Madera — Madera Superior Court Local Rules

Source: https://www.madera.courts.ca.gov/system/files/local-rules/final-madera-superior-court-local-rules-effective-january-1-2026-july-1-2026.pdf

SUPERIOR COURT OF CALIFORNIA COUNTY OF MADERA LOCAL RULES OF COURT ADOPTED AND EFFECTIVE January 1, 2026 (Version remains in effect July 1, 2026)

JUDGES OF THE COURT

HON. DALE J. BLEA, PRESIDING JUDGE HON. SOSI VOGT, ASSISTANT PRESIDING JUDGE

HON. D. LYNN COLLET, APPELLATE, VETERANS TREATMENT, & BEHAVIORAL COURT PRESIDING JUDGE HON. MICHAEL J. JURKOVICH, SUPERVISING CIVIL DIVISION JUDGE HON. ERNEST J. LICALSI, PRESIDING JUVENILE COURT JUDGE HON. DANIEL WALTERS, PRESIDING BATTERERS TREATMENT COURT JUDGE HON. MIGUEL VALDOVINOS HON. KATHERINE M. RIGBY HON. BRIAN W. ENOS HON. ERIC J. LICALSI

1

MADERA COUNTY SUPERIOR COURT

2026 LOCAL RULES

INSTRUCTIONS FOR FILING

The January 2026 Rules Pamphlet contains all the Local Rules effective January 1, 2026. Please discard all previous pamphlets. A full set of the Local Rules may be obtained from the Madera County Superior Court website at https://www.madera.courts.ca.gov/general-information/local-rules.

2

MADERA COUNTY SUPERIOR COURT TABLE OF CONTENTS DIVISION 1 COURT ORGANIZATION AND GENERAL PROVISIONS .......... 18 Chapter 1 Court Calendars. .......................................................................... 18 Chapter 2 Definitions and Preliminary Provisions. ..................................... 18 Chapter 3 The Presiding Judge, Departments and Divisions of the Court…. ......................................................................................... 20 Chapter 4 Court Reporter, Interpreter and Translator. ............................... 22 Chapter 5 Transfer of Administrative Procedures. ..................................... 25 Chapter 6 Attorney, Investigator and Expert Fees. ..................................... 25 Chapter 7 Jury Venue .................................................................................... 31 Chapter 8 Fees for Court Services ............................................................... 31 Chapter 9 Fees for Preparation of Appellate Record .................................. 32 Chapter 10 Law Enforcement Use of Body-Worn Cameras ......................... 33 Chapter 11 Court Records .............................................................................. 35 DIVISION 2 TRIAL COURT RULES ................................................................ 36 Chapter 1 General Filing Requirements. ...................................................... 36 Chapter 2 Designation of Record on Appeal. .............................................. 37 Chapter 3 Jury Instructions. ......................................................................... 38 Chapter 4 Application for Ex Parte Orders. ................................................. 38 Chapter 5 Unlawful Detainer ......................................................................... 42 Chapter 6 Small Claims Appeals. ................................................................. 43 Chapter 7 Telephone Hearings in Selected Departments Using CourtCall System........................................................................................... 43 Chapter 8 Settlement Conferences. ............................................................. 46 Chapter 9 Settlement Conference Setting. .................................................. 49 Chapter 10 Continuance Policy. ..................................................................... 50 Chapter 11 Fax Filing. ...................................................................................... 53 Chapter 12 Civil Active List and Conference Setting in Departments 37, 40, 44, 45. ............................................................................................ 53 DIVISION 3 CIVIL RULES ............................................................................... 53 Chapter 1 General Provisions. ...................................................................... 53 Chapter 2 Calendaring Matters. .................................................................... 55 Chapter 3 Miscellaneous Law and Motion Department Matters. ............... 56 Chapter 4 Case Management - Scope, Purpose and Authority.................. 58 Chapter 5 Case Management Conferences in Superior Court. .................. 59 Chapter 6 Case Management Conference Orders. ...................................... 61 Chapter 7 Case Management - Dismissal Calendar. ................................... 62 Chapter 8 Miscellaneous Provisions ........................................................... 62 DIVISION 4 CRIMINAL LAW MATTERS ....................................................... 62 Chapter 1 General Matters. ........................................................................... 62 Chapter 2 Traffic Matters ............................................................................... 70 DIVISION 5 DOMESTIC RELATIONS AND JUVENILE MATTERS ................ 75 Chapter 1 General .......................................................................................... 75

3

Chapter 2 Juvenile Dependency Cases -Appointment of Counsel ............ 87 Chapter 3 Court Appointed Special Advocates (CASA). ............................ 91 DIVISION 6 ELECTRONIC FILING .................................................................. 94 Chapter 1 Electronic Filings Generally ........................................................ 94 Chapter 2 Exclusions and Exceptions ......................................................... 96 Chapter 3 Electronic Filings for Domestic Violence Restraining Orders, Domestic Violence Temporary Restraining Orders and Gun Violence Restraining Orders ....................................................... 97 DIVISION 7 PROBATE, ADOPTION AND RELATED MATTERS .................. 98 Chapter 1 Probate Filings and Orders. ........................................................ 98 Chapter 2 Fees and Commissions. ............................................................ 101 Chapter 3 Claims and Sales. ....................................................................... 102 Chapter 4 Accounts and Distribution. ........................................................ 103 Chapter 5 Disposition Without Administration. ........................................ 106 Chapter 6 Adoptions .................................................................................... 107 Chapter 7 Orders for Withdrawal of Funds. ............................................... 109 Chapter 8 Guardianship & Conservatorship Investigations. ................... 109 DIVISION 8 APPELLATE DEPARTMENT..................................................... 111 Chapter 1 General ........................................................................................ 111 DIVISION 9 COURT PERSONNEL ................................................................ 111 Chapter 1 General Provisions. .................................................................... 111 Chapter 2 Court Executive Officer. ............................................................. 112 Chapter 3 Chief Probation Officer. ............................................................. 113 Chapter 4 Director of Family Court Services and Facilitator ................... 114 DIVISION 10 REMOTE HEARINGS AND APPEARANCES (INCLUDING DOMESTIC VIOLENCE AND GUN VIOLENCE HEARINGS) .............................. 117 Chapter 1 Remote Hearings and Appearances Generally ........................ 117 Index 119 List of Local Forms ............................................................................................. 121 List of Local Forms ............................................................................................. 129

4

Superior Court of California County of Madera Local Rules of Court

List of Effective Rules

Division 1 COURT ORGANIZATION AND GENERAL PROVISIONS Chapter 1 Court Calendars 1.1.1 General Calendar (Effective 7/1/08) 1.1.2 Daily Calendar (Effective 7/1/08) 1.1.3 [Deleted 7/1/13] 1.1.4 Title of Court (Effective 7/1/08)

Chapter 2 Definitions and Preliminary Provisions 1.2.1 Authority for Adoption (Effective 7/1/08) 1.2.2 Effective Date of Rules (Effective 7/1/08, amended 1/1/13, 1/1/15, 7/1/20, 7/1/21, 1/1/22, 1/1/23, 1/1/25, 7/1/25, 1/1/26) 1.2.3 Construction and Effect of Local Rules (Effective 7/1/08, 7/1/21) 1.2.4 Definitions (Effective 7/1/08, amended 7/1/10, 1/1/13, 7/1/20) 1.2.5 Severability of Rules (Effective 7/1/08)

Chapter 3 The Presiding Judge, Departments and Divisions of the Court 1.3.1 Duties of Presiding Judge (Effective 7/1/08) 1.3.2 Departments of the Superior Court (Effective 7/1/08, Amended 7/1/19, 7/1/20, 7/1/25) 1.3.3 Criminal Division (Effective 7/1/08) 1.3.4 Trial Confirmations in Criminal Cases (Effective 7/1/08) 1.3.5 The Juvenile Division (Effective 7/1/08) 1.3.6 The Probate-Civil Division (Effective 7/1/08) 1.3.7 Districts of Superior Court (Effective 7/1/08) 1.3.8 [Deleted 7/1/19] 1.3.9 [Deleted 7/1/19] 1.3.10 [Deleted 7/1/19] 1.3.11 [Deleted 7/1/19] 1.3.12 Location of Main Courthouse (Effective 7/1/08, amended 1,1,16, 7/1/19) 1.3.13 [Deleted 7/1/19] 1.3.14 [Deleted 1/1/13]

Chapter 4 Court Reporter, Interpreter and Translator 1.4.1 Court Reporters (Effective 7/1/08, amended 1/1/24) 1.4.2 Fee of Court Reporter in Civil Proceedings (Effective 7/1/08, amended 1/1/13, 7/1/13, 7/1/14, 1/1/25) 1.4.3 Originals of Transcripts of Proceedings (Effective 1/1/13) 1.4.4 Interpreters and Translators (Effective 7/1/08, renumbered 1/1/13, amended 1/1/15, 7/1/18, 7/1/20, 1/1/21, 1/1/26) 5

Superior Court of California County of Madera Local Rules of Court

Chapter 5 Transfer of Administrative Procedures 1.5.1 Designation of Clerk (Effective 7/1/08)

Chapter 6 Attorney, Investigator and Expert Fees 1.6.1 Attorney Fees in Cases Involving Minors or Incompetent Persons (Effective 7/1/08, amended 1/1/13) 1.6.2 Computation of Fees (Effective 7/1/08) 1.6.3 Court Approval of Employment Contract (Effective 7/1/08) 1.6.4 Attorney Fees Upon Entry of Default in Actions on Promissory Notes, Contracts Providing for Payment of Attorney Fees, Actions on Book Accounts and Foreclosures (Effective 7/1/08, amended 1/1/13, 1/1/15, 7/1/17) 1.6.5 Fees for Court-Appointed Attorneys (Effective 7/1/08, amended 1/1/22) 1.6.6 Motions for Investigators (Effective 7/1/08) 1.6.7 Investigators and Experts-Fee Schedule (Effective 7/1/08, amended 1/1/10, 1/1/15, 1/1/23, 1/1/24, 7/1/24) 1.6.8 Claim Forms (Effective 7/1/08, amended 7/1/23, 7/1/25) 1.6.9 Appointed Counsel (Effective 7/1/08) 1.6.10 Reimbursement Order (Effective 7/1/08) 1.6.11 Collection (Effective 7/1/08)

Chapter 7 Jury Venue 1.7.1 Jury in County Seat (Effective 7/1/08, amended 1/1/15) 1.7.2 Jury Other Than County Seat (Effective 7/1/08) 1.7.3 County Wide Venue (Effective 7/1/08)

Chapter 8 Fees for Court Services 1.8.1 Responsibility for Fees (Effective 7/1/10) 1.8.2 Withholding of Judgment for Non-Payment of Fees (Effective 7/1/11) 1.8.3 Fees for Printing of Forms/Packets (Effective 7/1/18) 1.8.4 Fees for Court Services (Effective 1/1/22)

Chapter 9 Fees for Preparation of Appellate Record 1.9.1 Copying Fees (Effective 7/1/11)

Chapter 10 Law Enforcement Use of Body-Worn Cameras 1.10.1 Photographing, Recording and Broadcasting in Court (Effective 1/1/26) 1.10.2 Law Enforcement Use of Body-Worn Cameras (Effective 1/1/21, renumbered 1/1/26)

Chapter 11 Court Records 1.11.1 Court Records- Disclosure of Personal Identifying Information 6

Superior Court of California County of Madera Local Rules of Court

(Effective 1/1/26)

Division 2 TRIAL COURT RULES Chapter 1 General Filing Requirements 2.1.1 Notice of Deposition (Effective 7/1/08) 2.1.2 Typing Services or Non-Attorney Court Document Preparers (Effective 1/1/21, 1/1/26) 2.1.3 Factors for Clerk Authorized Rejection (Effective 7/1/24, amended 1/1/25, 1/1/26) 2.1.4 Temporary Orders (Formerly 3.1.7, Effective 7/1/24) 2.1.5 Conformed Copies of Stamped Pages Only (Effective 1/1/25)

Chapter 2 Designation of Record on Appeal 2.2.1 Reporter’s Transcript (Effective 7/1/08) 2.2.2 Clerk’s Transcript (Effective 7/1/08)

Chapter 3 Jury Instructions 2.3.1 Types Used (Effective 7/1/08, amended 1/1/15) 2.3.2 When Submitted (Effective 7/1/08, amended 1/1/13)

Chapter 4 Application for Ex Parte Orders 2.4.0 General (Effective 7/1/08, amended 1/1/13) 2.4.1 Fee (Effective 7/1/08) 2.4.2 Form (Effective 7/1/08) 2.4.3 Limitations on Granting (Effective 7/1/08) 2.4.4 To Whom Presented in Particular (Effective 7/1/08, amended 1/1/13, 1/1/15, 1/1/21) 2.4.5 How Presented (Effective 7/1/08) 2.4.6 Notice to Opposition (Effective 7/1/08; amended 1/1/10, 1/1/13, 1/1/21) 2.4.7 Time for Application (Effective 7/1/08, amended 1/1/18, 1/1/21) 2.4.8 [Deleted 7/1/19] 2.4.9 Ex Parte Application for Temporary

Chapter 5 Unlawful Detainer 2.5.1 Unlawful Detainer Proceedings (Effective 7/1/08; amended 1/1/10, 1/1/25, 7/1/25)

Chapter 6 Small Claims Appeals 2.6.1 Hearing Dates for Small Claims Appeals (Effective 7/1/08)

Chapter 7 Telephone Hearings in Selected Departments Using CourtCall System 2.7.1 Establishment of CourtCall System (Effective 7/1/08, amended 7/1/19) 7

Superior Court of California County of Madera Local Rules of Court

2.7.2 Definitions (Effective 7/1/08, amended 1/1/13, 7/1/19, 7/1/20) 2.7.3 Telephone Hearing Calendars (Effective 7/1/08, amended 1/1/13) 2.7.4 Telephonic Appearance and Service of Form (Effective 7/1/08) 2.7.5 Notice by Fax to Program Administrator (Effective 7/1/08) 2.7.6 Payment of Fee to Program Administrator (Effective 7/1/08, amended 1/1/20) 2.7.7 Method of Payment and Confirmation (Effective 7/1/08) 2.7.8 Conducting the Telephonic Hearing (Effective 7/1/08, amended 1/1/13)

Chapter 8 Settlement Conferences 2.8.1 Settlement Conference (Effective 7/1/08) 2.8.2 Types of Settlement Conferences (Effective 7/1/08) 2.8.3 Persons Whose Presence is Required (Effective 7/1/08) 2.8.4 Settlement Conference Statement (Effective 7/1/08, amended 1/1/13, 1/1/26) 2.8.5 Discovery (Effective 7/1/08, amended 1/1/13, 7/1/20) 2.8.6 Demands and Offers (Effective 7/1/08) 2.8.7 Failure to Attend or be Prepared (Effective 7/1/08) 2.8.8 Continuances (Effective 7/1/08) 2.8.9 Notice of Settlement (Effective 7/1/08) 2.8.10 Arbitration (Effective 7/1/08) 2.8.11 Arbitration Administrator (Effective 7/1/08) 2.8.12 Arbitration Panel (Effective 7/1/08) 2.8.13 Arbitration Fees (Effective 7/1/08)

Chapter 9 Settlement Conference Setting 2.9.1 Pretrial Matters (Effective 7/1/08) 2.9.2 Setting Procedure (Effective 7/1/08, amended 1/1/13) 2.9.3 Duty of Counsel as to Trial Date Assigned (Effective 7/1/08, amended 1/1/13) 2.9.4 Uncontested Calendars (Effective 7/1/08)

Chapter 10 Continuance Policy 2.10.1 Statement of Policy re Continuances (Effective 7/1/08, amended 1/1/15) 2.10.2 Civil Cases-Further Statement of Policy (Effective 7/1/08) 2.10.3 Civil Cases, Law and Motion and Voluntary Settlement Conference Policy (Effective 7/1/08) 2.10.4 Law and Motion and Voluntary Settlement Conference Continuances (Effective 7/1/08) 2.10.5 Family Law Defaults, Orders to Show Cause, Change of Names and Adoption Continuances (Effective 7/1/08)

8

Superior Court of California County of Madera Local Rules of Court

Chapter 11 Fax Filing 2.11 Payment of Fees (Effective 7/1/08, renumbered 1/1/10, amended 1/1/11)

Chapter 12 Civil Active List and Conference Setting in Departments 37, 40, 44, 45 2.12.1 Setting Procedures (Effective 7/1/08, amended 1/1/13) 2.12.2 Short Cause (Effective 7/1/08)

Division 3 CIVIL RULES Chapter 1 General Provisions 3.1.1 Initial Filing (Effective 7/1/08) 3.1.2 Papers Filed at or Near Deadline (Effective 7/1/08) 3.1.3 Notice (Effective 7/1/08) 3.1.4 Accompanying Memoranda (Effective 7/1/08) 3.1.5 Filings in Unlimited Civil Cases (Effective 1/1/10, amended 1/1/13, 1/1/23) 3.1.6 Filing form for Motions (Effective 7/1/08; renumbered 1/1/10, amended 1/1/13)

Chapter 2 Calendaring Matters 3.2.1 Motion Date (Effective 7/1/08) 3.2.2 Improper Calendaring (Effective 7/1/08) 3.2.3 Time (Effective 7/1/08) 3.2.4 Continuances (Effective 7/1/08, amended 1/1/13) 3.2.5 Motion Removed from Calendar (Effective 7/1/08) 3.2.6 Motions in Limine (Effective 7/1/12)

Chapter 3 Miscellaneous Law and Motion Department Matters 3.3.1 Objections to Discovery (Effective 7/1/08) 3.3.2 Orders and Judgments (Effective 7/1/08, amended 1/1/10,1/1/13) 3.3.3 Real Property Judgments (Effective 7/1/08) 3.3.4 Judicial Notice (Effective 7/1/08) 3.3.5 Class Actions (Effective 7/1/08, renumbered 7/1/11) 3.3.6 Tentative Rulings (Effective 1/1/16)

Chapter 4 Case Management- Scope, Purpose and Authority 3.4.1 Scope (Effective 7/1/08) 3.4.2 Definitions (Effective 7/1/08) 3.4.3 Purpose (Effective 7/1/08) 3.4.4 Authority (Effective 7/1/08) 3.4.5 Case Disposition Standards (Effective 7/1/08, amended 1/1/17) 3.4.6 Exemption for Complex Cases (Effective 7/1/08, amended 1/1/10, 9

Superior Court of California County of Madera Local Rules of Court

7/1/13)

Chapter 5 Case Management Conferences in Superior Court 3.5.1 Calendaring the Case Management Conference (Effective 7/1/08) 3.5.2 Preparation for Case Management Conference (Effective 7/1/08) 3.5.3 Continuances of Case Management Conference (Effective 7/1/08, amended 1/1/10) 3.5.4 Time and Department for Case Management Conferences (Effective 7/1/08, amended 1/1/13) 3.5.5 [Deleted 1/1/15] 3.5.6 Service of Parties (Effective 7/1/08) 3.5.7 [Deleted 1/1/10] 3.5.8 [Deleted 1/1/10] 3.5.9 Uninsured Motorist Cases (Effective 7/1/08) 3.5.10 Reporting of Case Management Conference (Effective 7/1/08, amended 1/1/10) 3.5.11 Referral to Arbitration (Effective 7/1/08, amended 1/1/10)

Chapter 6 Case Management Conference Orders 3.6.1 Type of Order Judge May Enter (Effective 7/1/08) 3.6.2 Order Governs Further Proceedings (Effective 7/1/08) 3.6.3 Failure to Comply May Result in OSC re: Sanctions (Effective 7/1/08, amended 1/1/10)

Chapter 7 Case Management—Dismissal Calendar 3.7.1 Definition (Effective 7/1/08) 3.7.2 Setting (Effective 7/1/08) 3.7.3 Opposition (Effective 7/1/08) 3.7.4 Dismissal (Effective 7/1/08)

Chapter 8 Miscellaneous Provisions 3.8.1 Delegation (Effective 7/1/08)

Division 4 CRIMINAL LAW MATTERS Chapter 1 General Matters 4.1.1 Continuances in Criminal Cases (Effective 7/1/08, amended 1/1/22) 4.1.2 Criminal Discovery Motions (Effective 7/1/08) 4.1.3 Moving Parties for Motions under Penal Code § 995 (Effective 7/1/08, amended 1/1/10) 4.1.4 Motion under Penal Code § 1538.5 to Suppress Evidence (Effective 7/1/08) 4.1.5 Forfeiture and Reinstatement of Bail; Resumption of Liability on Bail Bonds (Effective 7/1/08, amended 7/1/11, 1/1/26) 10

Superior Court of California County of Madera Local Rules of Court

4.1.6 Preliminary Criminal Matters (Effective 7/1/08) 4.1.7 Mental Capacity Issues and Pleas (Effective 7/1/08) 4.1.8 Evidentiary Hearings (Effective 7/1/08) 4.1.9 Disposition of Exhibits (Effective 7/1/08, 7/1/11) 4.1.10 Reporter’s Notes of Capital Cases (Effective 7/1/08, amended 1/1/13) 4.1.11 Sound Recordings Offered at Trial (Effective 7/1/08, amended 1/1/13, 1/1/15, 1/1/26) 4.1.12 [Deleted 1/1/13] 4.1.13 [Deleted 1/1/15] 4.1.14 Petition Pursuant to Penal Code, § 1203.4 (Effective 7/1/19) 4.1.15 Filings in Criminal Cases (Effective 1/1/20) 4.1.16 Procedure for Scheduling a Request to Recall Warrant Hearing After Failure to Appear (Effective 1/1/26)

Chapter 2 Traffic Matters 4.2.1 Extension for Pay or Appear Date (Effective 7/1/08, amended 7/1/10, 1/1/25, 7/1/25) 4.2.2 Dismissal of Correctable Traffic Offenses (Effective 7/1/08, amended 1/1/15, 7/1/25) 4.2.3 Insurance Vehicle Code §16028 Fine Reduced by Court (Effective 7/1/08; amended 1/1/10, 7/1/10, 1/1/25, 7/1/25) 4.2.4 Policies for Attendance at Traffic Violator School (Effective 7/1/08, renumbered 1/1/25, amended 7/1/10, 1/1/16, 1/1/25, 7/1/25) 4.2.5 Added Fees for Traffic Violator School (Effective 7/1/10; amended, 1/1/25) 4.2.6 Trial by Written Declaration (Effective 7/1/19, amended 1/1/25) 4.2.7 Trial in Absentia (Effective 1/1/25, amended 7/1/25) 4.2.8 Transcripts (Effective 7/1/10, renumbered 1/1/25, amended 7/1/20) 4.2.9 Remote Video Proceedings (Effective 7/1/19, renumbered 1/1/25)

Division 5 DOMESTIC RELATIONS AND JUVENILE MATTERS Chapter 1 General 5.1.1 Domestic Relations Forms (Effective 7/1/08) 5.1.2 Marvin Cases (Effective 7/1/08, amended 1/1/13, 1/1/15) 5.1.3 [Deleted 1/1/21] 5.1.4 Orders Shortening Time (Effective 7/1/08, amended 1/1/13, 1/1/15) 5.1.5 Requests for Orders, Orders to Show Cause and Notices of Motion Re Support or Fees (Effective 7/1/08, amended 1/1/13) 5.1.6 Moving Papers Accompanied by Blank Forms (Effective 7/1/08, amended 1/1/10 1/1/13) 5.1.7 Responding Party to Complete Forms (Effective 7/1/08, amended 1/1/13, 1/1/26) 5.1.8 Fees (Effective 7/1/08) 11

Superior Court of California County of Madera Local Rules of Court

5.1.9 Setting Requests for Order, Orders to Show Cause, and Notices of Motion in Family Law Matters (Effective 7/1/08, amended 1/1/13) 5.1.10 Assignments for Trial Setting (Effective 7/1/08, amended 1/1/10) 5.1.11 [Deleted 1/1/10] 5.1.12 [Deleted 1/1/10] 5.1.13 Non-Appearance of Counsel or Self-Represented Party (Effective 7/1/08, amended 1/1/13) 5.1.14 Counsel’s Duty (Effective 7/1/08) 5.1.15 Restoration to Calendar (Effective 7/1/08) 5.1.16 [Deleted 1/1/26, See Local Rule 2.1.4] 5.1.17 Hearings for Requests for Orders, Orders to Show Cause, and Notices of Motion (Effective 7/1/08, amended 1/1/13) 5.1.18 Mandatory Settlement Conference (Effective 7/1/08, amended 1/1/13) 5.1.19 Appraisal (Effective 7/1/08, amended 1/1/13) 5.1.20 Default Hearings (Effective 7/1/08, amended 1/1/13, 1/1/15, 7/1/19, 7/1/25) 5.1.21 [Deleted 1/1/13] 5.1.22 Family Law and Motion Matters (Effective 7/1/08, amended 1/1/13, 1/1/15) 5.1.23 Child and Spousal Support (Effective 7/1/08, amended 7/1/25) 5.1.24 Computer Printouts as Basis for Support Calculation (Effective 7/1/08, amended 1/1/13, 7/1/25) 5.1.25 Charges for Child Custody Evaluation and Investigation (Effective 7/1/08, amended 1/1/13) 5.1.26 Child Custody Evaluation Charge (Effective 7/1/08, amended 1/1/13, 1/1/17, 7/1/18, 1/1/20, 7/1/23, 1/1/25) 5.1.27 Investigation Charge (Effective 7/1/08, amended 7/1/14, 1/1/17, 7/1/21) 5.1.28 Ability to Pay (Effective 7/1/08, amended 1/1/13) 5.1.29 Waivers of Court Charges and Costs (Effective 7/1/08, amended 1/1/13, 7/1/13, 1/1/17, 7/1/18) 5.1.30 Stipulation for Private Evaluation or Dispute Resolution (Effective 7/1/08, amended 1/1/13) 5.1.31 Disqualification of Child Custody Evaluator or Mental Health Professional (Effective 7/1/08, amended 1/1/13) 5.1.32 Contact Between Court Child Custody Recommending Counselor (CCRC) and Minor Children (Effective 7/1/08, amended 1/1/13, 1/1/17, 7/1/18) 5.1.33 Custody Recommendations by Family Court Services to Court (Effective 7/1/08, amended 1/1/13, 1/1/17, 7/1/23, 1/1/24) 5.1.34 Examination of the Child Custody Evaluator (Effective 7/1/08, amended 1/1/10, 1/1/13, 1/1/17, 7/1/20, 7/1/23, 1/1/24, 1/1/26) 5.1.35 Documents to be Delivered (Effective 7/1/08, 7/1/23) 12

Superior Court of California County of Madera Local Rules of Court

5.1.36 Confidential Declaration Sheet (Effective 1/1/13, amended 1/1/26) 5.1.37 Family-Centered Case Resolution (Effective 1/1/13, amended 7/1/13) 5.1.38 Mandatory “Notice of Family Law Case Status Conference” Form (Effective 7/1/13, amended 1/1/26) 5.1.39 Sanctions (Effective 1/1/17) 5.1.40 Family Law Criminal Contempt Actions (Effective 7/1/19) 5.1.41. Appointment of Counsel for Children (Minor’s Counsel) (Effective 1/1/21) 5.1.42 Complaints Regarding Minor’s Counsel (Effective 1/1/21) 5.1.43 Professional Visitation Providers (Effective 7/1/22, amended 7/1/23)

Chapter 2 Juvenile Dependency Cases—Appointment of Counsel 5.2.1 Timeliness (Effective 7/1/08, amended 1/1/15) 5.2.2 Experience Training, Education, Standards of Representation (Effective 7/1/08, amended 7/1/13, 1/1/15) 5.2.3 Appointment of Counsel for Parents or Guardians (Effective 7/1/08) 5.2.4 Appointment of Counsel for Children (Effective 7/1/08) 5.2.5 Conflicts (Effective 7/1/08) 5.2.6 Client Complaints (Effective 7/1/08) 5.2.7 Attorney for the Child (Effective 7/1/08) 5.2.8 Information Received by Court Concerning the Child (Effective 7/1/08)

Chapter 3 Court Appointed Special Advocates (CASA) 5.3.1 The Child Advocate Program (Effective 7/1/08) 5.3.2 Child Advocates (Effective 7/1/08) 5.3.3 Release of Information to Advocate (Effective 7/1/08) 5.3.4 Advocate’s Right to Timely Notice (Effective 7/1/08) 5.3.5 Calendar Priority for Advocates (Effective 7/1/08) 5.3.6 Advocate’s Visitation Through Dependency (Effective 7/1/08) 5.3.7 Family Law Advocacy (Effective 7/1/08) 5.3.8 Advocate’s Right to Appear (Effective 7/1/08) 5.3.9 Appearance by Consular Representative (Effective 7/1/08)

DIVISION 6 ELECTRONIC FILING Chapter 1 Electronic Filings Generally 6.1.1 Electronic Filing (Effective 1/1/22) 6.1.2 Effective Date (Effective 1/1/22) 6.1.3 Fax Filings (Facsimile Transfer to Court) (Effective 1/1/22) 6.1.4 Format of Electronically Filed Documents (Effective 1/1/22) 6.1.5 Hyperlinks (Effective 1/1/22) 6.1.6 Eligible Case Types – Electronic Filing Service Providers (Effective 1/1/22, amended 1/1/24) 6.1.7 Eligible Case Types – E-Delivery and Interface (Effective 1/1/22, 13

Superior Court of California County of Madera Local Rules of Court

amended 1/1/24)

6.1.8 Electronically Filed Proposed Orders (Effective 7/1/25)

Chapter 2 Exclusions and Exceptions 6.2.1 Exceptions to E-filing (Effective 1/1/22, amended 1/1/25) 6.2.2 Administrative Records in CEQA Petition Cases (Effective 1/1/22) 6.2.3 Administrative Mandamus Matters (Effective 1/1/22)

Chapter 3 Electronic Filings for Domestic Violence Restraining Orders, Domestic Violence Temporary Restraining Orders and Gun Violence Restraining Orders 6.3.1 Electronic Filings for Domestic Violence Restraining Orders (DVRO, Domestic Violence Temporary Restraining Orders (DVTRO), and Gun Violence Restraining Orders (GVRO) (Effective 7/1/23) 6.3.2 Timeframe to Electronically File DVRO, DVTRO, and GVRO (Effective 7/1/23) 6.3.3 Filings Fees (Effective 7/1/23) 6.3.4 Electronic Filing Instructions (Effective 7/1/23) 6.3.5 Court Telephone Number.

DIVISION 7 PROBATE, ADOPTION, AND RELATED MATTERS Chapter 1 Probate Filings and Orders 7.1.1 Additional Notice Requirements (Effective 7/1/08) 7.1.2 Notice by Clerk (Effective 7/1/08) 7.1.3 Notice Required for Special or Temporary Letters (Effective 7/1/08, amended 1/1/13) 7.1.4 Heirs without Known Address (Effective 7/1/08) 7.1.5 Copies of Handwritten Wills and Codicils; Translation of Foreign Wills (Effective 7/1/08) 7.1.6 Wording of Probate Orders (Effective 7/1/08) 7.1.7 Time for Submitting Papers and Orders (Effective 7/1/08, amended 1/1/24, 7/1/25) 7.1.8 Uncontested Matters (Effective 7/1/08, amended 1/1/13) 7.1.9 Orders for Family Allowance (Effective 7/1/08) 7.1.10 Petitions for Appointment of Temporary Guardian (Formerly 3.1.8, Effective 7/1/24)

Chapter 2 Fees and Commissions 7.2.1 Fees and Commissions in General (Effective 7/1/08) 7.2.2 Fees and Commissions in Advance (Effective 7/1/08) 7.2.3 Fees or Commissions Based on Fluctuating Values (Effective 7/1/08) 7.2.4 Allowance on Account of Fees and Commissions (Effective 7/1/08) 14

Superior Court of California County of Madera Local Rules of Court

7.2.5 Determination of Statutory Fees and Commissions (Effective 7/1/08) 7.2.6 Determination of Extraordinary Fees and Commissions (Effective 7/1/08) 7.2.7 Probate Code §13650 Proceedings (Effective 7/1/08)

Chapter 3 Claims and Sales 7.3.1 Creditor’s Claims by Personal Representative (Effective 7/1/08) 7.3.2 Sale or Encumbrance of Estate Property (Effective 7/1/08)

Chapter 4 Accounts and Distribution 7.4.1 Required Matters in a Petition for Final Distribution. (Effective 7/1/08) 7.4.2 Required Form of Accounts (Effective 7/1/08) 7.4.3 Suggested Form of Summary (Effective 7/1/08)

Chapter 5 Disposition without Administration 7.5.1 Required Allegations in Support of Claimed Property as Community (Effective 7/1/08) 7.5.2 Notice in Proceedings to Set Aside Community Property (Effective 7/1/08) 7.5.3 Petition to Establish Fact of Death (Effective 7/1/08)

Chapter 6 Adoptions 7.6.1 Stepparent Adoption under Family Code §§ 9000, et seq. (Effective 7/1/08) 7.6.2 Adoption where Natural Father not Found (Effective 7/1/08) 7.6.3 Military Affidavit (Effective 7/1/08, amended 7/1/13) 7.6.4 Charges for Investigations in Stepparent Adoptions (Effective 7/1/08, amended 1/1/17, 7/1/18, 1/1/20) 7.6.5 Charges for Investigations in Declare Minor Free Petitions (Effective 7/1/18) 7.6.6 Charges for Investigations in Dual Stepparent Adoptions/Declare Minor Free Petitions (Effective 7/1/18)

Chapter 7 Orders for Withdrawal of Funds 7.7.1 Application (Effective 7/1/08)

Chapter 8 Guardianship & Conservatorship Investigations 7.8.1 Investigation of Proposed Guardian (Effective 7/1/08, amended 1/1/17, 1/1/22, 1/1/25) 7.8.2 Charges for Guardianship Investigations (Effective 7/1/08, amended 7/1/18, 1/1/20) 7.8.3 Preparation and Filing of Order Appointing Guardianship Investigator (Effective 7/1/08, amended 1/1/20) 15

Superior Court of California County of Madera Local Rules of Court

7.8.4 Charges for Conservatorship Investigation (Effective 7/1/08, amended 1/1/15) 7.8.5 Ability to Pay (Effective 7/1/08, amended 1/1/13, 1/1/15, 7/1/18, 1/1/20) 7.8.6 Required Orientation by Proposed Probate Conservatorship (Effective 7/1/08, amended 7/1/13, 1/1/15, 1/1/17) 7.8.7 Background Check/Electronic Fingerprint Scan (Effective 1/1/17, amended 1/1/22) 7.8.8 Guardianship Filings Based Upon Parentage (Effective 1/1/20)

Division 8 APPELLATE DEPARTMENT Chapter 1 General 8.1.1 Briefs (Effective 7/1/08, amended 7/1/13, 1/1/17, 7/1/20) 8.1.2 Calendaring (Effective 7/1/08) 8.1.3 Oral Argument (Effective 7/1/08) 8.1.4 Motions (Effective 7/1/08, amended 1/1/10, 1/1/13)

Division 9 COURT PERSONNEL Chapter 1 General Provisions 9.1.1 Definition (Effective 7/1/08) 9.1.2 Judicial Officers (Effective 7/1/08) 9.1.3 Officers (Effective 7/1/08) 9.1.4 Employees (Effective 7/1/08) 9.1.5 Assigned Court Personnel (Effective 7/1/08)

Chapter 2 Court Executive Officer 9.2.1 Appointments (Effective 7/1/08) 9.2.2 Functions (Effective 7/1/08, amended 1/1/15)

Chapter 3 Chief Probation Officer 9.3.1 Selection (Effective 7/1/08) 9.3.2 Functions (Effective 7/1/08)

Chapter 4 Director of Family Court Services and Facilitator 9.4.1 Appointment (Effective 7/1/08) 9.4.2 Functions-Family Court Services (Effective 7/1/08, amended 1/1/13, 7/1/23) 9.4.3 [Deleted 1/1/13] 9.4.4 Simultaneous Release of Reports (Effective 7/1/08, amended 1/1/13) 9.4.5 Functions-Facilitator (Effective 7/1/08, amended 7/1/23, 1/1/26) 9.4.6 Grievance Procedure Relating to Family Court Services, Child Custody Recommending Counseling and/or Facilitator (Effective 7/1/08, amended 1/1/13) 9.4.7 Confidentiality of Communications and Reports (Effective 7/1/08) 16

Superior Court of California County of Madera Local Rules of Court

Division 10 REMOTE HEARINGS AND APPEARANCES (INCLUDING DOMESTIC VIOLENCE AND GUN VIOLENCE HEARINGS) Chapter 1 Remote Hearings and Appearances Generally 10.1.1 General Remote Hearings and Appearances (Effective 7/1/23) 10.1.2 Technology (Effective 7/1/23) 10.1.3 Remote Appearance for Domestic Violence and Gun Violence Petition Hearings (Effective 7/1/23) 10.1.4 Remote Appearance Instructions for Domestic Violence and Gun Violence Hearings (Effective 7/1/23) 10.1.5 Court Telephone Number (Effective 7/1/23)

17

Superior Court of California County of Madera Local Rules of Court

DIVISION 1 COURT ORGANIZATION AND GENERAL PROVISIONS

Chapter 1 Court Calendars.

1.1.1 General Calendar. The Superior Court’s business is distributed in accordance with its latest “General Calendar,” which sets forth the time, place and any special requirements adopted by the Court for hearing the various types of court business. Before applying or noticing any matter for hearing or for trial, the moving party should ascertain the latest calendar requirements from the Calendar Clerk. (Effective 7/1/08)

1.1.2 Daily Calendar. The Clerk, not later than the beginning of each court day, shall post a daily court calendar for public examination. Case assignments shall be made for all purposes pursuant to Rule 3.734 of the California Rules of Court. (Effective 7/1/08, amended 1/1/16)

1.1.3 [Deleted 7/1/13]

1.1.4 Title of Court. The official title of this Court is the “Superior Court of the State of California in and for the County of Madera.” Litigants may use as a short title “Madera County Superior Court” in pleadings and in addressing the Court in correspondence. (Effective 7/1/08)

Chapter 2 Definitions and Preliminary Provisions.

1.2.1 Authority for Adoption. These rules are adopted pursuant to the authority granted in Government Code § 68070 and Code of Civil Procedure §§ 128 and 187. (Effective 7/1/08)

1.2.2 Effective Date of Rules. These rules are effective January 1, 2026 and on the effective date shall supersede any previous local rules of the Madera County Superior Court and Madera County Municipal Court. (Effective 7/1/08, amended 1/1/13, 1/1/15, 1/1/17, 7/1/20, 7/1/21, 1/1/22, 1/1/23, 7/1/23, 1/1/25, 7/1/25, 1/1/26).

1.2.3 Construction and Effect of Local Rules. The local rules shall be construed as follows:

(a) The local rules are supplementary of and subject to the California Rules

of Court and the Code of Civil Procedure and shall be construed so that they do not conflict with state rules or statutory or case law.

18

Superior Court of California County of Madera Local Rules of Court

(b) The local rules have no retroactive effect.

(c) The local rules shall be construed liberally to affect the ends of justice

and efficient administration of the Court. Where the strict application of a rule would work an injustice to any party, each Judge of this Court may excuse compliance with such rule, as the ends of justice may require.

(d) Headings, chapter and rule subdivisions do not affect the scope,

meaning or intent of these rules.

(e) Unless the context of the rule otherwise requires,

(1) The singular includes the plural and the plural the singular

(2) “May” is permissive, and “shall” is mandatory, and,

(3) The past, present and future each include the other tenses.

(Effective 7/1/08, amended 7/1/21)

1.2.4 Definitions. Definitions contained within the California Rules of Court apply with equal force in these Rules unless the content or subject matter otherwise requires.

(a) “Clerk” means the Clerk of the Court or his or her deputy. When

referring to calendaring matters, “Clerk” refers to the Supervising Clerk of that Division.

(b) “County” means the County of Madera.

(c) “Court” means Superior Court of the County of Madera, and includes

(1) any Judge who is elected or appointed a member of this Court, (2) while serving in this Court, any Judge, including a retired judge, assigned by the Chairperson of the Judicial Council to serve this Court, (3) any commissioner or referee appointed by the Judges of this Court, (4) while serving this Court, any retired commissioner who is assigned to serve by the Presiding Judge pursuant to Government Code 72190, or any other provision of law, (5) while serving this Court, and any member of the State Bar of California ordered to act as a temporary judge pursuant to Article VI, § 21, of the California Constitution and Rule 2.810 of

19

Superior Court of California County of Madera Local Rules of Court

the California Rules of Court.

(d) “Division” means the divisions of the Superior Court, as set forth in

Local Rule 1.3.2, infra.

(e) “Judicial Officer” includes any judge who is appointed or elected a

member of this Court and any commissioner or referee who is appointed by the Judges of this Court.

(f) “Person” includes corporations, associations, public entities and all

other entities as well as natural persons.

(g) “Court days” include days the Court is open to the public and court is

in session.

(Effective 7/1/08, part (d) amended 7/1/10, 1/1/13, 7/1/20)

1.2.5 Severability of Rules. If any local rule or part of a rule is held to be invalid, all valid portions of that rule which are severable from the invalid portion shall remain valid. If the local rule is held invalid in one or more of its applications, the rule shall remain in effect in all valid applications that are severable from the invalid applications. (Effective 7/1/08)

Chapter 3 The Presiding Judge, Departments and Divisions of the Court. 1.3.1 Duties of Presiding Judge. The Presiding Judge shall:

(a) Prepare, with the assistance of appropriate committees of the Court,

such local rules as may be required to expedite and facilitate the business of the Court; submit such proposed rules for consideration, and upon approval by a majority of the Judges cause the proposed rules to be published and submitted to the local bar association for consideration and recommendation; upon adoption of the rules by a majority of the Judges, cause compliance with appropriate statutory and California Rules of Court directives and cause publication thereof for general distribution.

(b) Designate a Judge to act as Presiding Judge when the Presiding

Judge is absent or unable to act.

(c) Act as a Master Calendar Judge to assign cases for trial purposes.

(d) Apportion the business of the Court among the various departments.

20

Superior Court of California County of Madera Local Rules of Court

(e) Call such meetings of the Judges as may be needed.

(f) Supervise the administrative business of the Court and have general

direction and supervision of the attachés of the Court.

(g) Impanel and have charge of the proceedings of the Grand Jury and

act as a liaison between the Court and the Grand Jury.

(h) Exercise such additional duties as may be prescribed by statute or

state rule of court for presiding judges under the Government Code and the California Rules of Court.

(i) The Presiding Judge may delegate any of the duties in Rule 1.3.1(a)-

(h) to other Judicial Officers of this Court as appropriate.

(Effective 7/1/08)

1.3.2 Departments of the Superior Court. There shall be eleven departments of the Superior Court, designated as Departments 17, 21, 22, 23, 29, 36, 37, 40, 44, 45, and a Temporary Remote Department. There shall be three divisions of the Superior Court, called the Juvenile Division, the Criminal Division, and the Probate-Civil Division. (Effective 7/1/08, amended 7/1/19, 7/1/20, 7/1/25)

1.3.3 Criminal Division. The Criminal Division shall hear arraignments, status conferences, trial confirmations, pretrial motions, and all writs concerning criminal matters as well as all traffic matters. (Effective 7/1/08)

1.3.4 Trial Confirmations in Criminal Cases. The Trial Confirmation is a hearing to determine whether the case is going to trial or the parties are able to reach a disposition of the case without trial. (Effective 7/1/08)

1.3.5 The Juvenile Division. The Juvenile Division shall hear all law and matters, and trials not otherwise assigned, in all matters in the Juvenile Court not otherwise assigned by the Presiding Judge. (Effective 7/1/08)

1.3.6 The Probate-Civil Division. The Probate-Civil Division shall hear all decedents estates, trust matters, conservatorships, guardianships, compromises of minors claims under Probate Code §§ 3600 et seq., spousal property petitions and miscellaneous actions under the Probate Code, civil law and motion matters, applications for writs, receivers, and the like, and hear all family law matters, unless otherwise assigned by the Presiding Judge. (Effective 7/1/08)

21

Superior Court of California County of Madera Local Rules of Court

1.3.7 Districts of Superior Court. There is one district of the Superior Court. It is designated as the Madera County Superior Court District. (Effective 7/1/08)

1.3.8 [Deleted 7/1/19]

1.3.9 [Deleted 7/1/19]

1.3.10 [Deleted 7/1/19]

1.3.11 [Deleted 7/1/19]

1.3.12 Location of Main Courthouse. All Departments are located at the Madera County Main Courthouse, 200 South G Street, Madera, California 93637. (Effective 7/1/08, amended 1/1/16, 7/1/19)

1.3.13 [Deleted 7/1/19]

1.3.14 [Deleted 1/1/13]

Chapter 4 Court Reporter, Interpreter and Translator.

1.4.1 Court Reporters & Electronic Recording of Court Proceedings. A court reporter is mandatory for the following proceedings: felony criminal, juvenile, LPS (Lanterman-Petris-Short), family court matters where a court reporter is required, and cases pursuant to Jameson v. Desta (2018) 5 Cal.4th 594. The court will attempt to provide a court reporter for non-mandatory proceedings (including appeals, civil (including small claims cases), case management conferences, family law cases not requiring a reporter, initial arraignments of criminal complaints, misdemeanor criminal, contempt in civil and family law and infraction matters), but their availability cannot be guaranteed. The Court, in its discretion can order those non-mandatory proceedings reported.

When an official court reporter is not available, limited civil, misdemeanor traffic, and infraction matters may be electronically recorded to make the official record pursuant to Government Code section 69957 and California Rules of Court, rules 2.952 and 2.956(c). With the exception of limited civil, misdemeanor and infraction cases, Government Code section 69957 prohibits the court from providing electronic recording in civil, family law, and probate court rooms.

(Effective 7/1/08, amended 1/1/24)

22

Superior Court of California County of Madera Local Rules of Court

1.4.2 Fee of Court Reporter in Civil Proceedings.

(a) Court reporting services will not be provided for court or jury trials in

civil proceedings. Instead, parties will be required to provide court reporting services at their own expense.

(b) In any civil case in which a hearing is expected to last more than one

(1) hour, but not more than four (4) hours, and official reporting services are required, the parties shall deposit with the Civil Division their pro rata shares of the fee for one-half (½) day of official reporting services. In any civil case in which the hearing is expected to last less than one (1) hour, the fee shall be $30.00. If a hearing which was expected to last less than one (1) hour goes beyond the one (1) hour requiring reporting services, then the difference in the fees must be paid by the end of the day of the hearing.

(c) In any civil case in which a hearing is expected to last more than four

(4) hours and official reporting services are required, the parties shall deposit with the Civil Division their pro rata shares of the fee for one (1) full day of official reporting services.

(d) The fee for any hearing shall be due at the time the hearing is

scheduled. The fee for any subsequent day of the hearing shall be deposited with the Civil Division at the beginning of each subsequent day.

(e) The receipt issued by the Civil Division for payment of the above fees

shall be shown to the Judge’s Clerk at the beginning of the proceeding, or the hearing will not proceed. Further, where a party or attorney has a record of failing to pay fees under this (or any other) section, the Court, in its discretion, may condition the scheduling of any matter on pre-payment of fees, or the payment of any or all due and owing fees.

(Effective 7/1/08, section (a) amended 1/1/13, sections (a), (c), and (d) amended 7/1/13, section (c) amended 7/1/14, 1/1/25)

1.4.3 Originals of Transcripts of Proceedings

Where a transcript of a proceeding has been ordered by a litigant or other

interested party, the Court shall retain the original of such transcript for its records, except as otherwise required by law. (Effective 1/1/13)

1.4.4 Interpreters

23

Superior Court of California County of Madera Local Rules of Court

(a) Definitions.

(1) “Indigenous language” means a language that is native to a particular region and spoken by its indigenous peoples. Indigenous languages at times, require relay interpreting.

(2) “Relay interpreting” is the process by which two interpreters with different language pairs work in tandem to communicate between the target language and English.

(b) The Court provides Court Interpreters at no cost to Limited Language court users in all court proceedings, to the extent required by state and federal laws. The Court recognizes the benefit of providing Court Interpreters for all case types including civil, and will make all necessary efforts to provide interpreters in civil cases in accordance with Evidence Code § 756 and with the availability of interpreters.

(c) In civil, family law, probate, or small claims cases, requests shall be submitted on the Court local MAD-INT-001 form available on the Court’s website, or Judicial Council Form INT-300, to the clerk’s office or to the court’s Interpreter Coordinator via email to interpreter.madera@madera.courts.ca.gov

(d) In civil, family law, probate, or small claims cases, parties shall submit the request with a minimum of ten (10) court days notice to ensure that an interpreter will be available. If it is not possible to provide this information ten (10) court days prior to a hearing, the information shall be communicated to the interpreter coordinator at the earliest possible opportunity.

(e) Where it is later determined that the interpreter is not needed, the party or counsel shall provide notice to the court’s Interpreter Coordinator, either verbally or in writing, with a minimum of two (2) court days before the hearing. If it is not possible to provide this information two (2) court days prior to the hearing because a determination has not yet been made, the information shall be communicated to the interpreter coordinator at the earliest possible opportunity.

(f) Parties who desire to hire their own interpreter may do so, as long as the private interpreter meets the qualifications set forth in Government Code §68561 and §68566.

(g) It is the responsibility of each attorney representing persons who require the

24

Superior Court of California County of Madera Local Rules of Court

services of an indigenous language interpreter, or self-represented litigant, to communicate with the court’s interpreter coordinator no less than five (5) court days before any hearing regarding the appropriate indigenous language variant required for the litigant to receive and understand all proceedings whether communicated verbally or in writing. If it is not possible to provide this information five (5) court days prior to a hearing, the information must be communicated to the interpreter coordinator at the earliest possible opportunity.

The information required includes, but may not be limited to:

(1) the indigenous language understood by the litigant;

(2) the country, state, municipality and town in which the language is spoken;

(3) contact information for the litigant or a family member who may be able to provide the necessary language variant information;

(4) any other information the interpreter coordinator reasonably requests to secure the services of an appropriate interpreter.

The failure to comply may result in the imposition of monetary sanctions, at the discretion of any judicial officer of this court, pursuant to California Code of Civil Procedure section 177.5.

(Effective 7/1/08; Renumbered 1/1/13, amended 1/1/15, 7/1/18, 7/1/20, 1/1/26)

Chapter 5 Transfer of Administrative Procedures.

1.5.1 Designation of Clerk. The Court Executive Officer shall be the Clerk of the Superior Court. (Effective 7/1/08)

Chapter 6 Attorney, Investigator and Expert Fees. 1.6.1 Attorney Fees in Cases Involving Minors or Incompetent Persons. In cases compromised by a guardian ad litem under Code of Civil Procedure § 372 or by Probate Code § 3500; the attorney fees awarded by the Court shall, under normal circumstances, not exceed the following amounts:

(a) Twenty-five percent (25%) of the amount recovered when the case is

settled during trial.

25

Superior Court of California County of Madera Local Rules of Court

(b) Thirty-three and one-third percent (33 1/3%) of the amount

recovered when the case is settled during trial after a substantial part of plaintiff’s case has been introduced or after judgment.

(c) Not more than the fees prescribed in 1.6.1(b) when the case is

settled between the times specified in Rules 1.6.1(a) and 1.6.1(b)

(d) Forty percent (40%) of the amount recovered when the case is

settled after the filing of respondent’s brief on appeal.

(e) An amount less than 1.6.1(a), which shall reflect actual work done,

when the recovery is under an uninsured motorist clause in an insurance policy.

(Effective 7/1/08, Amended 1/1/13)

1.6.2 Computation of Fees. In computing fees, parents claiming reimbursement for expenses shall, except in cases of hardship, pay their proportionate share of the attorney fees. Expenses of litigation to be reimbursed shall not be included in the “amount recovered” for the purpose of fixing fees. Such expenses of litigation shall be separately itemized. (Effective 7/1/08)

1.6.3 Court Approval of Employment Contract. Except for good cause shown, no contract of employment providing for attorney fees shall be approved by the Court in advance. Under no circumstances shall the contract be considered for approval in advance without the client’s appearance on the application for court approval. (Effective 7/1/08)

1.6.4 Attorney Fees Upon Entry of Default Judgment in Actions on Promissory Notes, Contracts Providing for Payment of Attorney Fees, Actions on Book Accounts and Foreclosures. The following attorney fees shall, under normal circumstances, be awarded upon entry of default judgment in actions on promissory notes, contracts providing for the payment of attorney fees, actions on book accounts and foreclosures:

$0.01 to $1,000 15%, with minimum fee of $75
$1000.01 to $10,000 $150 plus 6% excess over $1,000
$10,000.01 to $50,000 $690 plus 3% of excess over $10,000
$50,000.01 to $100,000 $1,890, plus 2% of excess over $50,000
Over $100,000 $2,690 plus 1% of excess over $100,000

26

Superior Court of California County of Madera Local Rules of Court

When the clerk is authorized by statute to enter judgment that includes attorney fees pursuant to an approved fee schedule, the clerk must use the above- approved fees when determining and entering the clerk’s judgment. The amount of attorney fees awarded must not exceed the amount of fees prayed for in the complaint.

Fees for actions on a book account, which are specifically allowed by Civil Code § 1717.5, are subject to the above schedule.

(a) Foreclosure of Mortgage or Trust Deed. Fees for actions on a

foreclosure of mortgage or trust deed are subject to the above schedule, then increased by ten percent (10%). (Amended 1/1/15, 7/1/17)

(b) Foreclosure of Assessment or Bond Lien Relating to a Public

Improvement. Fees for actions on a foreclosure of assessment or bond lien relating to a public improvement are subject to the above schedule, except that the minimum fee shall be $75 in an action involving one assessment or bond and an additional $20 for each additional assessment or bond being foreclosed in the same action. (Amended 1/1/13, 1/1/15, 7/1/17)

(c) Additional Fees. An attorney seeking fees in excess of the fees

stated above must submit a proposed order and written declaration with an itemized statement of services rendered to substantiate any claim for additional fees. (Amended 7/1/17)

(d) Judicial Discretion. A judge retains complete discretion in awarding

attorney fees based on the circumstances of the action, including the experience of counsel, the time expended, the complexity of the issues, the amount in controversy, and the results achieved. A judge may require an attorney to submit a written declaration with an itemized statement of services rendered, and other supporting documentation, to substantiate any claim for attorney fees. (Effective 7/1/17)

(Effective 7/1/08, amended 7/1/17.)

1.6.5 Fees for Court-Appointed Attorneys. The following attorney fees shall, under normal circumstances, be awarded by the Court to court-appointed attorneys if reasonably necessary legal services are tendered in the Superior Court:

(a) Counsel is to be paid at a flat rate of $80 per hour for all court-

appointed cases.

27

Superior Court of California County of Madera Local Rules of Court

(b) In determining fees, the Court shall consider the difficulty of the tasks

performed and the reasonable value of time expended.

(c) The Court may, by separate Policy Memorandum, adjust the amount

paid to attorneys for court appointed cases, with distinctions for capital and non- capital cases, as well as other distinguishing factors.

(Effective 7/1/08, amended 1/1/22)

1.6.6 Motions for Investigators. Motions for the payment of investigators, experts, or others for the preparation or presentation of the defense in a capital case, pursuant to Penal Code § 987.9, shall be presented to a Judge designated by the Presiding Judge.

Comment: Under Penal Code § 987.9(a), the Judge hearing the motion is disqualified from presiding over the trial of the case.

(Effective 7/1/08)

1.6.7 Investigators and Experts -Fee Schedule. The following schedule will be applied to investigators and forensic experts appointed by the Court:

General Felony $50.00/hr
Capital/Life Without Parole $50.00/hr
Mileage Current
mileage rate as
established by the
IRS and
communicated to the
Courts by Judicial
Council
memorandum
Per Diem $50.00/day
Narcotic evaluation and report $850.00 per exam &
report*
Sex offender exam and report $850.00 per exam &
report*
Penal Code § 1368, Competency to Stand Trial $850.00 per exam &
report *
Penal Code § 1026, Sanity at the Time of Crime $850.00 per exam &

28

Superior Court of California County of Madera Local Rules of Court

report *
Penal Code § 1027, Restoration to Sanity $850.00 per exam &
report *
Evidence Code § 1017,
Confidential Psychiatric Evaluation for Defense $850.00 per exam &
report *
Welfare and Institutions Code §709(b),
Competency of a Minor $850.00 per exam
and report*
Evaluation for General Sentencing Guidelines,
Evidence Code § 460 $850.00 per exam &
report *
No Show/Failure to Participate Rate $150.00 each
occurrence
Court appearances:
Full day
Half day

Or per hour**

• Court may authorize fees in excess of these charges by order and at the discretion of the Judicial Officer, including, but not limited to, an hourly rate of $150.00 for additional time spent above the four (4) to five (5) standard to conduct psychological examinations. Extremely lengthy cases requiring extensive review of records (greater than 50 pages) or other extremely complex cases may be negotiated on a case by case basis with the Court.

** Charges for court appearances will be authorized by the Judicial Officer.

This fee schedule may be adjusted from time to time by Policy Memorandum of the Court.

(Effective 7/1/08, amended 1/1/10, 1/1/15, 1/1/23, 1/1/24, 7/1/24)

1.6.8 Applications/Claims for Fees & Motions for Fees. Counsel shall submit a statement for services rendered in each appointed criminal or juvenile case on the application form provided by the Court within ten days after the case has been completed. The application form shall be submitted to the Finance Division of the

29

Superior Court of California County of Madera Local Rules of Court

Superior Court for review. The Finance Division of the Superior Court shall submit the application form to the trial judge with a recommendation for payment. The trial judge shall endorse the fees and costs approved upon the application form and return it to the Finance Division of the Superior Court for processing. After approval, the application form, along with a claim form, shall be transmitted to the County Auditor and the form shall be placed in the case file or notated in the electronic case file. Any inquiries regarding payment status shall be directed to Madera County at 559-675-7703.

All motions for attorney, investigator, and/or expert witness fees referenced in this Chapter shall be submitted to either the Criminal or Civil Divisions (depending on the case type) and the Division(s) will forward to the Finance Division of the Superior Court for processing. If the motion is approved, the Finance Division of the Superior Court shall generally process as noted in the paragraph above. Special processing procedures will take place for capital cases referenced in Section 1.6.6. Attorneys appointed in special circumstances cases shall direct all fee and billing inquiries to Fitzgerald, Alvarez & Ciummo, or the current contract holder for indigent defense. (Effective 7/1/08, amended 7/1/23, 7/1/25)

1.6.9 Appointed Counsel. In each case in which a person has been furnished services of appointed counsel, upon conclusion of the proceedings, the Court shall make a determination of the actual costs of providing such services. Counsel shall be prepared at that time to submit itemized information as to the time they have devoted to the case. (Effective 7/1/08)

1.6.10 Reimbursement Order. In the event any person may be required by law to reimburse the County for compensation of private counsel or costs of public defender services, the Court, after determining the amount thereof, shall make a determination of the present ability of such person to pay all or a portion of such amounts and shall make such reasonable order for payment as is authorized by law. This determination and the determinations required by Local Rules 1.6.8 and 1.6.9 above shall be made only after the Court has held a hearing. A person required by law to reimburse the County for compensation of private counsel or costs of public defender services shall be entitled to reasonable notice of the hearing, and may appear with counsel, and participate therein, including the presentation of evidence and the cross-examination of witnesses. (Effective 7/1/08)

1.6.11 Collection. The Court, in its discretion, may delegate to the County Auditor the authority to collect such reimbursement and to establish and modify arrangements for installment payments. In addition, to the extent authorized by law, it may delegate to the County Auditor authority to reduce or cancel unpaid repayment obligations upon a finding by that office that the person obligated no longer has the ability to pay the amount ordered. These rules are not intended to

30

Superior Court of California County of Madera Local Rules of Court

apply to procedures under § 1431 of the Probate Code. (Effective 7/1/08)

Chapter 7 Jury Venue

1.7.1 Jury in County Seat. A jury in the County seat will be selected from a cross- section of the entire County. (Effective 7/1/08, amended 1/1/15)

1.7.2 Jury in Other than County Seat. When sessions of the Superior Court are held in a location other than the County seat, the names for master jury lists and qualified jury lists to serve in a session may be selected from the area in which the session is held pursuant to this local rule, provided that each prospective juror shall have the opportunity to elect to serve on a jury with respect to a trial held anywhere in the County. (Effective 7/1/08)

1.7.3 County Wide Venue. The Superior Court, in its discretion, may order countywide venue in the interest of justice. (Effective 7/1/08)

Chapter 8 Fees for Court Services

1.8.1 Responsibility for Fees.

(a) When an attorney orders services on behalf of a client, that attorney

shall be responsible for securing payment for those services.

(b) Any attorney requesting services from the Court acknowledges that

collection proceedings may proceed against the requesting attorney should the client fail to pay the requisite fees.

(Effective 7/1/10)

1.8.2 Withholding of Judgment for Non-Payment of Fees.

Except where the interests of justice would require otherwise, the Court may

refuse to enter judgment when any party to the case has failed to pay fees due and owing to the Court. (Effective 7/1/11).

1.8.3 Fees for Printing of Forms/Packets

Per Government Code § 70631 and California Rules of Court, rule 10.815,

31

Superior Court of California County of Madera Local Rules of Court

in order to cover the labor and material costs involved, the Clerk of the Court shall charge fifty cents ($.50) per page for preparing copies of any record, proceeding, or paper on file in the Clerk’s Office. The Clerk of the Court shall also charge the following fees for the preparing of copies of Forms/Packets, which are provided on the Court’s website for free, and include self-help instructions compiled by the Court Paralegal:

Madera Superior Court
Forms and Form Packets

Number of Pages: Fee:

1-25 $0.50 Per Page*

26-40 $16.00 Flat Rate*

41+ $20.00 Flat Rate*

• The following Forms/Packets are provided at NO CHARGE: (1) Fee Waiver Packet; (2) Small Claims Packets; (3) Civil Harassment Packet; and (4) Domestic Violence Packet. (Effective 7/1/18)

1.8.4 Fee Waivers – Delegation of Authority. Per Government Code § 68634(d), the Court delegates to the Clerk of the Court the authority to grant applications for an initial fee waiver that meet the standards of eligibility and application requirements set forth in Sections 68632(a)-(b) and 68633.

As further provided for in Government Code § 68634(d), the Court shall not delegate to a clerk the authority to deny or to partially grant an application for an initial fee waiver. (Effective 1/1/22)

Chapter 9 Fees for Preparation of Appellate Record 1.9.1 Copying Fees When the parties stipulate that the Court file shall be the record in the case, the Court shall charge a fee of $1.00 per page to cover the cost of paper and labor, for copies of the record for transmission to the Court of Appeal or the Appellate Division of the Superior Court, for copies of the record for the Superior Court’s own files, and for copies of the record for each of the parties. This fee shall be shared by the Appellant and Respondent. An Appellant or Respondent may apply to the appropriate court for relief from such fees. (Effective 7/1/11)

32

Superior Court of California County of Madera Local Rules of Court

Chapter 10 Law Enforcement Use of Body-Worn Cameras

1.10.1 Photographing, Recording and Broadcasting in Court.

(a) Definitions. This rule adopts the definitions contained in California Rules of Court, rule 1.150(b), except as follows:

1. The term “media coverage” means any photographing, recording or broadcasting in court by the media;

2. The term “court” means any courtroom or courthouse in the County where the court conducts business, including all entrances, exits, hallways, stairs, elevators, adjacent or subterranean court parking areas, or any other public area within the courthouse;

3. The term “designated media area” means any area so designated by the Presiding Judge.

(b) Court Order Required. While in court, no one may engage in photographing, recording, or broadcasting, or activate any camera, microphone, recorder or broadcasting device, except:

1. in a courtroom where the judge has issued an order allowing media coverage under California Rules of Court, rule 1.150, or expressly granted permission, under California Rules of Court, rule 1.150(d) or otherwise, to photograph, record, and/or broadcast; or

2. outside the courtroom, if it is: i) in a designated media area, or ii) with prior written permission from the Presiding Judge. No one may carry any camera, microphone, or recording equipment, or activate the image or sound capturing feature of any computer, mobile telephone, watch or other similar equipment in a courtroom without express written permission from the appropriate judicial officer.

(c) No Obstruction of Public Access. Persons engaged in photographing, recording and broadcasting (as authorized by (b)(1) and (b)(2) above) must not obstruct pedestrian traffic, create traffic congestion or otherwise impede access to court proceedings, offices, services or facilities.

(d) Written Media Requests Required. Persons requesting media coverage of any type, including pool cameras, must complete and submit for judicial approval Judicial Council form MC-500 to the judicial officer assigned to

33

Superior Court of California County of Madera Local Rules of Court

hear the case, specifying: i) the time estimate for coverage; ii) the proposed placement of cameras, microphones and other equipment; and iii) whether the coverage will be disseminated live or recorded for future dissemination.

(e) Responsibility for Compliance with Rules. Media (as defined in California Rules of Court, rule 1.150(b)(2)), and any other person seeking to photograph, record or broadcast in court must be familiar with, and comply with this rule and the California Rules of Court, rule 1.150.

(f) No Restriction on Judicial Discretion. This rule does not restrict a judge’s discretion to regulate sound or image capturing, photographing, recording or broadcasting in his or her courtroom.

(g) Violations. Any violation of this rule or an order made under this rule is an unlawful interference with the proceedings of the court, and may be the basis for an order terminating media coverage, a citation for contempt of court, or an order imposing monetary or other sanctions as provided by law, including possible violation of Penal Code §166(a)(4).

(Effective 1/1/26)

1.10.2 Law Enforcement Use of Body-Worn Cameras

(a) Definitions. For purposes of this rule:

(1) “Body-worn camera” means an electronic device used to
photograph or record the performance of a peace officer in the course of his
or her official duties.

(2) “Courthouse” means any building in which court proceedings

occur, and all portions of such building, including clerk’s offices, lobby areas, hallways, stairs, and elevators.

(3) “Peace officer” has the meaning specified in Penal Code
section 830.

(b) Permitted Use. A peace officer may use a body-worn camera in the

courthouse to create a recording if the peace officer (i) is conducting an arrest, (ii) is assisting in an arrest, (iii) is interacting with an individual who is not complying

34

Superior Court of California County of Madera Local Rules of Court

with a command from the peace officer, (iv) is responding to an emergency situation, or (v) has received prior authorization from the Presiding Judge.

(c) Limitations on activation of body-worn cameras:

(1) If law enforcement personnel are present in a courthouse where
juvenile matters are heard, they must comply with Welfare and Institutions
Code section 827 and California Rules of Court, rule 5.552.

(2) Except as allowed in subsection (b), a peace officer may not use
a body-worn camera in the courthouse to create a recording.

(Effective 1/1/21, renumbered 1/1/26)

Chapter 11 Court Records

1.11.1 Court Records – Disclosure of Personal Identifying Information. For the privacy and protection of all individuals, the Clerk of the Court will not confirm or disclose personal identifying information by telephone, email, or other informal inquiry. For the purposes of this rule, personal identifying information includes, but is not limited to:

(a) Date of birth

(b) Full or partial Social Security Number

(c) Physical or mailing address

(d) Drivers’ license number

To determine whether the personal identifying information you possess corresponds to a party in a case, you must either:

(a) Appear in person to conduct a file search;

(b) Complete and submit the Records Search and/or Copy Request (Local Form MAD-GEN-001); or

(c) Contact the Clerk for identity verification procedures if requestor is eligible for portal access under California Rules of Court, rule 2.515.

35

Superior Court of California County of Madera Local Rules of Court

(Effective 1/1/26)

DIVISION 2 TRIAL COURT RULES

Chapter 1 General Filing Requirements.

2.1.1 Notice of Deposition. Notices of deposition will not be accepted for filing as part of the case file except by court order. Any motions filed in connection with a deposition must contain a copy of the notice of deposition. (Effective 7/1/08)

2.1.2 Typing Services or Non-Attorney Court Document Preparers

(A) The name, address and phone number of the litigant who is representing him/herself must appear at the top of all filed pleadings.

(B) Non-attorney court document preparers shall comply with the requirements of Business and Professions Code section 6408. The clerk shall not accept for filing any document presented by a non-attorney court document preparer that does not comply with these requirements.

(C) A litigant in a family law or probate case designating a non-attorney court document preparer to act as a courier to submit documents for processing, to receive endorsed copies of documents from the court, or to have remote access to electronic records in the instant action pursuant to California Rules of Court, rule 2.518 shall file an Authorization for Non-Attorney Court Document Preparer (Local Form MAD-CIV-019). The clerk shall not accept for filing any document submitted in the specified case types by a non-attorney court document preparer, unless the required local form is included or has been previously filed in the case.

(D) Notices of Entry shall be sent directly to the litigant, even when presented for filing by a non-attorney court document preparer.

(E) Nothing in this rule is intended to encourage or condone the unauthorized practice of law. In the event it appears that a preparer is engaging in the unauthorized practice of law under the guise of this rule, that matter will be reported to the appropriate authorities.

(Effective 1/1/22, amended 1/1/26)

2.1.3 Factors for Clerk Authorized Rejection

36

Superior Court of California County of Madera Local Rules of Court

In any civil, family law, probate, or small claims cases, the Clerk is authorized to reject filings that do not comply with the following factors, but may not necessarily reject a filing for all factors specified within California Rules of Court Title 2, Division 2, Chapter 1:

(a) Case number

(b) Parties’ names, to be consistent with the initial pleading or most recently filed superseding pleading (complaint, petition, amended complaint, amended petition, DVTRO request, if filing is related to DV, or other lead document) in the case.

(c) Court name

(d) Failing to sign a document whenever applicable for a filing party or their attorney to sign.

(Effective 7/1/24, amended 1/1/25, 1/1/26)

2.1.4 Temporary Orders. All temporary orders filed in any civil, family law, probate, and small claims case, with the exception of petitions for temporary orders in Probate Guardianship matters, shall be presented to the Civil Clerk’s office no later than 11:00 a.m. the day immediately preceding the day of the hearing. Specific facts must be alleged in the requests, facts sufficient to justify the granting of such orders. If the party against whom such an order is sought has been represented in the action by counsel, such counsel shall be informed of the nature of the request and the time of such request in order to allow opposing counsel to appear and comment on the requested relief. Declarations for any type of relief must set forth facts, not conclusions, justifying the relief sought. Counsel has the additional duty to fully disclose those facts.

(Formerly 3.1.7, Effective 7/1/24)

2.1.5 Conformed Copies of Stamped Pages Only. In any civil, family law, probate, or small claims case, the Clerk will provide conformed copies of documents provided in paper form only of the pages which contain a stamp affixed by the Court after submission by the party. It is the filing party’s responsibility to insert the stamped pages in their document to make complete copies of the document that match the document stored electronically with the Court. E-mailed copies of any filed document may be provided to any party, or their attorney, upon request at no charge. Full copies of documents will accrue the copy fees consistent with the statewide civil fee schedule, and the supporting code sections referenced within. (Effective 1/1/25)

Chapter 2 Designation of Record on Appeal.

37

Superior Court of California County of Madera Local Rules of Court

2.2.1 Reporter’s Transcript. All Designations of Record for matters on appeal shall specifically set forth the date of any and all hearings for which a reporter’s transcript is requested. (Effective 7/1/08)

2.2.2 Clerk’s Transcript. All Designations of Record for matters on appeal shall specifically include the date each designated paper was filed with the Superior Court and the nature of the paper. (Effective 7/1/08)

Chapter 3 Jury Instructions.

2.3.1 Types Used. In all jury trials it is the policy of the Court to use the instructions contained in BAJI, CACI, CALJIC and/or CALCRIM, as appropriate. All instructions are to be provided by counsel or self-represented party. All other instructions offered shall conform as nearly as possible to the form instructions contained in BAJI, CACI, CALJIC and/or CALCRIM, as appropriate. Instructions shall not indicate which party submitted the instructions except in a code (prescribed by the Court) which does not readily disclose the identity of the submitting party. Any statement of the party offering an instruction, and citations of authority offered shall be on a separate sheet. An index or fact sheet setting forth the topic of each instruction or BAJI, CACI, CALJIC and/or CALCRIM number shall be attached to each set of proposed instructions. (Effective 7/1/08, amended 1/1/15)

2.3.2 When Submitted. Each party shall submit proposed jury instructions to the Court at the commencement of the trial unless otherwise authorized by the Judge. (Effective 7/1/08, amended 1/1/13)

Chapter 4 Application for Ex Parte Orders.

2.4.0 General. All parties and their counsel are required to review the following provisions for ex parte applications. Any failure to follow the rules may be grounds for summary denial of the application. (Effective 7/1/08, amended 1/1/13)

2.4.1 Fee. No application for an ex parte order, except for the appointment of a guardian ad litem or the approval of an undertaking or an attachment, shall be made until any required filing or other fee, if any, has been paid. (Effective 7/1/08)

2.4.2 Form. Every application for an ex parte order shall be accompanied by the original file of the action. (Effective 7/1/08)

2.4.3 Limitations on Granting. Except upon a stipulation, leave shall not be granted ex parte to stay execution after judgment, file a cross-complaint, amend or

38

Superior Court of California County of Madera Local Rules of Court

supplement a pleading, other than to strike out the name or substitute the true name of a fictitiously-named party. (Effective 7/1/08)

2.4.4 To Whom Presented in Particular. Except as otherwise specifically provided by these rules, an application for an ex parte order shall be presented as follows:

(a) Civil, Ex Parte and Writs. An application involving mandamus,

review, prohibition, certiorari, receivers, and/or habeas corpus in a civil matter shall be presented to the civil law and motion judge to whom the case has been assigned.

(b) Criminal Ex Parte and Writs. An application involving a criminal

matter shall be presented to the Judge to whom the case has been assigned. An application involving mandamus, review, prohibition, certiorari, habeas corpus, and/or coram nobis in a criminal matter shall be presented to the Writ Judge handling criminal writs.

(c) Juvenile. An application involving a juvenile court matter shall be

presented to the Presiding Judge of the juvenile court in cases in which that Judge is authorized to act. In all other cases it will be presented to the Presiding Judge.

(d) Family Law. Application involving an order to show cause (OSC) or

request for orders (RFO) in a domestic relations matter shall be presented to the Judge to whom the case has been assigned.

(e) Probate. An application involving a probate matter shall be presented

to the Judge to whom the case has been assigned.

(f) Mental Health. An application involving a mental health matter shall

be presented to the Supervising Judge of the Probate-Civil Division.

(Effective 7/1/08, section (f) amended 1/1/13, 1/1/15, amended 1/1/21)

2.4.5 How Presented.

(a) Guardian Ad Litem. Every application for the appointment of a

guardian ad litem shall be captioned as the proposed or pending action and be accompanied by the written consent of the person nominated and, if the ward is over fourteen years of age, of the one for whom the guardian is sought. If the latter is a defendant, the application shall state the date on which said defendant was served. No application shall be presented for the nomination of any person who

39

Superior Court of California County of Madera Local Rules of Court

has any interest adverse or which might be prejudicial to the ward or who is not able or disposed to counsel with the ward or to actively and competently prosecute or defend the interest of the ward in the action or proceeding.

(b) Application for Reduction of Undertaking. An application for a

reduction in the amount stated by statute for an undertaking on an attachment shall: be verified; fully set forth facts in the personal knowledge of the affiant or the sources of information of facts averred on information and belief which tend to show that a reduction would not prejudice the rights of the defendant; set forth the facts purporting to justify the attachment; set forth the amount of the demand; set forth whether said property is in use and the nature thereof; state if the property is a going business, the effect, if any, of the attachment thereof and if the attachment is to be on a sum of money; and, set forth the date and result of all previous attachments, if any.

(c) Shortening or Extending Time. An application for an order shortening

or extending time for the service of a notice shall state any previous extension, any expiration date, and the facts showing good cause for granting the application.

(d) Appointment of Counsel for Military Personnel. An application for the

appointment of an attorney for a defendant in military service shall state the branch of such service, his or her service mailing address, when the time to answer or demur expired, whether any pleading has been filed on his or his behalf, and any other pertinent facts.

(e) Substitute Service -- Domestic. An application for an order

authorizing service pursuant to Corporations Code § 1702(a) shall be by affidavit or declaration averring that no designation of an agent for service of process is on file with the Secretary of State (or facts showing the failure to locate a designated agent) corroborated by letter from the Secretary of State and facts showing that service cannot be made upon any person authorized to receive service.

(f) Substitute Service -- Foreign. An application for an order authorizing

service pursuant to Corporations Code § 2111 (a) shall be by affidavit or declaration averring facts showing the doing of business by the corporation in California, the search made to find a person in the state authorized to receive service, no designation of an agent is on file with the Secretary of State (or the designated agent is no longer authorized to receive service) corroborated by a letter from the Secretary of State.

(g) Application for Money Deposited. An application for an order for the

40

Superior Court of California County of Madera Local Rules of Court

payment of money which has been deposited with the Clerk of the Court pursuant to California Code of Civil Procedure § 708.770 shall be verified by the applicant, state the amount of money and date it was deposited with the Clerk, any amount previously received by the applicant and whether any claim of exemption or motion to vacate the judgment has been filed. The amount of money on deposit shall be endorsed on the application by the Clerk of the Court.

(h) Property Otherwise Deposited. An application to receive personal,

property or money, other than that deposited under California Code of Civil Procedure § 708.770, shall be verified by the claimant and shall state when, why and by whom it was deposited; any term or condition of the deposit; the name and addresses of every person claiming any interest therein; and the reason the claimant is entitled to receive it. The amount of money or description of the property on deposit shall be endorsed on the application by the Clerk. The Court may require the applicant to proceed by motion on the notice to all interested persons.

(i) Execution on Installment Order of Judgment. An application for the

issuance of a writ of execution as to an order or judgment for the payment of money installments shall be verified by the judgment creditor, and shall set out the pertinent provisions of the order of judgment, the total amount which has been paid, the amount of principal due, and the particulars as to any interest claimed. The application shall set forth also the assignment and the date service or notice thereof to the judgment debtor.

(Effective 7/1/08)

2.4.6 Notice to Opposition. Ex parte applications and orders ordinarily will not be granted unless the applicant submits with the application a declaration regarding notice in compliance with rules 3.1203 and 3.1204 of the California Rules of Court. (Effective 7/1/08, amended 1/1/10, section (a) amended 1/1/13, amended 1/1/21)

2.4.7 Time for Application. Except as provided in rule 2.4.9, ex parte applications for orders are heard Monday through Friday, beginning at 8:15 a.m. in the designated department. The judicial officer hearing the application may hear the matter at that time or defer the matter until the completion of the law and motion calendar or otherwise as the Court’s calendar may allow. (Effective 7/1/08, amended 1/1/18, 1/1/21)

2.4.8 [Deleted 7/1/19]

41

Superior Court of California County of Madera Local Rules of Court

2.4.9 Ex Parte Application for Temporary Restraining Order (TRO) Procedure When No Notice is Given. (Domestic Violence, Civil Harassment, Elder or Dependent Adult Abuse, Workplace Violence, and Gun Violence). When an application for an ex parte temporary restraining order (TRO) is submitted to the court, without notice to the opposing party, for Domestic Violence Prevention, Civil Harassment Prevention, Elder or Dependent Adult Abuse Prevention, Workplace Violence Prevention, or Gun Violence Prevention, a judicial officer will review the application on the same day the application is submitted, or on the next judicial day if sufficient time for judicial review was not provided, and a judicial assistant will notify the applicant regarding whether or not the temporary restraining orders were issued or denied. Whether or not temporary restraining orders are issued, the hearing on the application will be calendared within the time required by law. If the applicant provided notice of the ex parte application to the opposing party, the matter shall remain on the ex parte calendar for the Court to consider issuing amended orders. (Effective 1/1/21)

Chapter 5 Unlawful Detainer

2.5.1 Unlawful Detainer Proceedings. The following policy shall apply to all unlawful detainer proceedings.

(a) Where plaintiff seeks eviction, for failure to pay rent, a three-day

notice to quit or pay rent clearly showing the amount presently owed must be served on the defendant at least three (3) days prior to the filing of the case. In the case of a 30-day notice of termination of tenancy, the notice must be served on the defendant at least thirty (30) days prior to the filing of the case.

(b) The original or a copy of the three-day notice to quit or 30 day notice

of termination of tenancy must be served and filed in accordance with California Code of Civil Procedure § 1166.

(c) Service of the three-day notice or 30 day notice can be made by the

plaintiff or by a person other than the plaintiff or by a person 18 years of age or older acting as plaintiff’s agent.

(d) Service by the sheriff can be made under the provisions of Code of

Civil Procedure § 1162(a)(3), which provides for posting on the property and mailing of a copy to the defendant when defendant cannot be served personally. Plaintiff (or plaintiff’s agent) must file a declaration which shows what efforts have been made to serve the defendant at his residence or place of business, or by substituted service, that the efforts were not successful, and why the defendant cannot be served at any other location or other means likely to give defendant actual notice.

42

Superior Court of California County of Madera Local Rules of Court

(e) Where plaintiff seeks to set a case for trial, the clerk is authorized to

reject filings that do not comply with Section 1 on Judicial Council Form UD-150, as indicated.

(Effective 7/1/08, amended 1/1/10, 1/1/25, 7/1/25)

Chapter 6 Small Claims Appeals.

2.6.1 Hearing Dates for Small Claims Appeals. Small claims appeals under Code of Civil Procedure § 116.770 shall be treated as short cause trials. (Effective 7/1/08)

Chapter 7 Telephone Hearings in Selected Departments Using CourtCall System.

2.7.1 Establishment of CourtCall System. Departments 17, 37, 40, 44, and 45 of the Superior Court are equipped with speaker phones for telephonic hearings of law and motion matters. Counsel should confer with the clerks of other Departments to determine if CourtCall is available. (Effective 7/1/08, amended 1/1/16, 7/1/19)

2.7.2 Definitions. For the purposes of this chapter,

(a) “Law and Motion matters” shall be defined as those hearings on the

civil or probate law and motion or case management calendar in which:

(1) The length of the hearing will not exceed 15 minutes; and

(2) No oral testimony will be introduced; and

(3) The Court has not ordered the party or counsel to be present;

and

(4) No party will be requesting a transcript of the hearing in any
circumstances.

The term “Law and motion matters” shall not mean any hearing on a

criminal proceeding, any civil proceeding under Penal Code §§ 1368 or 1026, any hearing under Welfare and Institutions Code §§ 3051, et seq. or § 6600, et seq., any adoption proceeding, any habeas corpus proceeding, or any proceeding under

43

Superior Court of California County of Madera Local Rules of Court

the Juvenile Court Law.

(b) “Participating department” shall include Department 17, 37, 40, 44,

and 45 of the Superior Court, or a special department utilizing the facilities of a courtroom of Superior Court Departments 17, 37, 40, 44, and 45 under authorization of the Presiding Judge or the Court Executive Officer.

(c) “Program Administrator” means CourtCall LLC. All questions

concerning participating courtrooms, toll free and access numbers, obtaining forms or general information shall be directed to CourtCall at 888-88COURT (888-882-6878).

(d) “Litigants” means all counsel or litigants representing themselves in a

case.

(e) “Toll Free Number” means such toll-free telephone number assigned

by the Program Administrator to the specific department for the purpose of calling in on case conference calls.

(f) “Toll Free Fax Number” means 888-88FAXIN (888-883-2946) or such

other or additional number assigned by the Program Administrator and/or such additional or other number assigned by the Program Administrator. This number shall be provided to all litigants.

(g) “Court Day” means a day the Court is open to the public and court is

in session.

(h) “Form” means a form entitled “Request for CourtCall Telephonic

Appearance” which on its face shall contain the caption of the case, the date, time, department and type of hearing, motion or other matter which is to be heard, and the words COURTCALL TELEPHONIC APPEARANCE in upper case bold print. This form will be provided by the Program Administrator on request of a litigant.

(i) Calling Procedures. Each participating department shall have a

speaker phone which will use the toll-free telephone number described above and an identification number, which shall be used solely for the purpose of conducting hearings by conference call through the Program Administrator.

(Effective 7/1/08, amended 1/1/13, 7/1/19, part (g) amended 7/1/2020)

2.7.3 Telephone Hearing Calendars. The Calendar Clerk shall prepare a separate telephonic appearance calendar for each matter in which a telephonic appearance

44

Superior Court of California County of Madera Local Rules of Court

will be made. Telephonic hearings will be held during the law and motion calendar for each department. The Calendar Clerk shall segregate or distinctively identify each case which will be heard by telephonic hearing. (Effective 7/1/08, amended 1/1/13)

2.7.4 Telephonic Appearance and Service of Form. Not less than five (5) court days before the hearing, a litigant desiring to appear by telephone shall complete the Form and serve copies on all other litigants. The original shall not be filed with the Court. Additionally, when the request is made at the same time as the filing of a motion or response with the Court, the words “COURTCALL TELEPHONE APPEARANCE. REQUESTED” should be printed below the date, department and time of the hearing on the first page of the papers which are filed with the Court. RETAIN THE ORIGINAL FORM IN YOUR FILE. DO NOT FILE IT WITH THE COURT. (Effective 7/1/08)

2.7.5 Notice by Fax to Program Administrator. Any litigant seeking a telephonic appearance must fax a copy of the first page of the Form to the Program Administrator not less than, five (5) court days prior to the hearing. Failure to advise the Program Administrator will result in the telephone appearance being dropped from the Telephone Appearance Calendar. (Effective 7/1/08)

2.7.6 Payment of Fee to Program Administrator. The litigant must accompany the Form with payment of a non-refundable, non-waivable telephone appearance fee, consistent with the fee schedule listed in California Rules of Court, rule 3.670, subdivision (k). This fee is paid to the Program Administrator and not to the Court. This fee covers all of the costs of litigant’s participation in the telephonic hearing and no other telephone or separate teleconference charge shall be assessed against the litigant. This payment is separate from, and in addition to, any filing fees which may be required to be paid to the Clerk of the Court in connection with the subject hearing or proceeding. (Effective 7/1/08, amended 1/1/20)

2.7.7 Method of Payment and Confirmation. Payment to the Program Administrator may be made by credit card or check.

(a) Credit Card Payment. Litigants using credit card payments shall

complete the credit card information on the copy of the Form which is faxed to the Program Administrator (and not on the copies faxed to other litigants). This information must include the signature of the person whose name is on the credit card.

(b) Payment by Check. Checks must be received by the Program

Administrator not less than five (5) court days prior to the hearing. Late payments will be rejected by the Program Administrator and the request for telephonic

45

Superior Court of California County of Madera Local Rules of Court

hearing will be deemed denied.

(c) Proof of Payment/Calendar Confirmation. Upon receipt of payment a

copy of the Form which has been stamped “Calendar Status Confirmed” will be faxed to the litigant not less than three (3) court days prior to the hearing. If the litigant does not receive a faxed calendar confirmation, it is the litigant’s responsibility to call the Program Administrator immediately to obtain such confirmation.

(Effective 7/1/08)

2.7.8 Conducting the Telephonic Hearing. For the five (5) minute period prior to the scheduled telephonic hearing, all litigants who have received a confirmation from the Program Administrator shall call the dedicated toll free number assigned to the particular court by the Program Administrator. The Court Clerk for the department shall join the conference call, and each of the litigants shall, in an orderly fashion, check in with the Clerk by responding when the Clerk calls the name of his or her case, spelling his or her name, the name of the law firm he or she represents and the name of the party or parties he or she is representing. A litigant calling in after check-in period has begun who does not hear his or her case shall wait until the check in calendar has been called, and shall then announce to the Clerk his or her appearance. Anyone failing to have called in during the five (5) minute check-in period shall be deemed to have failed to appear timely and that failure may be treated by the Court in the same manner as if that party had failed to make a timely personal appearance. Except as ordered by the Court, there shall be no “second call” in the administration of telephonic hearings. In the instance of a litigant who calls in “late” and interrupts a telephonic hearing in progress, the Court may issue such sanctions under Code of Civil Procedure § 177.5 as the Court may deem appropriate. The Court expects that each litigant should have easy access to a phone in a timely manner. (Effective 7/1/08, amended 1/1/13)

Chapter 8 Settlement Conferences.

2.8.1 Settlement Conference. The settlement conference calendar is designed to facilitate the settlement of cases, particularly personal injury cases, before trial. Therefore, all parties and attorneys participating therein will be expected to comply fully with the provisions of this Division. (Effective 7/1/08)

2.8.2 Types of Settlement Conferences.

(a) Voluntary Settlement Calendar. The Calendar Clerk shall set any

long cause case on a Voluntary Settlement Calendar (Panel or Judge) at the request of any party or the Court’s own motion. If any party objects to such setting,

46

Superior Court of California County of Madera Local Rules of Court

the objecting party shall file an objection to same within five (5) days of notice of same. Said objection will then be set for hearing before the civil law and motion judge on a date selected by the Clerk of the Court.

(b) Mandatory Settlement Calendar. The Calendar Clerk shall set a

Mandatory Settlement Conference within the time frame of California Rule of Court 3.1380.

(Effective 7/1/08)

2.8.3 Persons Whose Presence is Required. Plaintiffs, trial counsel, insurance company representatives, and defendants in cases other than personal injury cases where there is insurance coverage, must be present. In medical malpractice cases where doctor or hospital consent to settlement is required, those parties must also be present or have given their open consent to the insurance company for settlement. (Effective 7/1/08)

2.8.4 Settlement Conference Statement. No less than five (5) court days before the settlement conference, each party shall have delivered to the Calendar Clerk a settlement statement. The statements will be deemed confidential unless service on the other parties appears on the brief. The statements shall contain the information required by California Rule of Court, rule 3.1380. The statements will be maintained in a confidential portion of the electronic file for 180 days after the conference and will thereafter be destroyed without further notice unless otherwise ordered by the court. (Effective 7/1/08, amended 1/1/13, 1/1/26)

2.8.5 Discovery. Discovery should be completed by the time of the Settlement Conference. The Court recognizes that many times counsel or self-represented litigant will have reserved some discovery pending the outcome of the settlement conference. However, if the Court determines that discovery is not substantially completed, and this will have a significant influence on the settlement, the Settlement Calendar Judge may either take the case off calendar and strike the At Issue Memorandum, or refer the matter to the Presiding Judge for such action as he or she deems appropriate. (Effective 7/1/08, amended 1/1/13, 7/1/20)

2.8.6 Demands and Offers. Counsel and the interested parties shall be prepared to state their best demand and offer at the settlement conference. If the Court later determines that a significantly different demand or offer is made in the case that results in later settlement, the Court may assess sanctions against the offending party and/or counsel. (Effective 7/1/08)

2.8.7 Failure to Attend or be Prepared. Unexcused absence from the conference may result in sanctions and/or removal of the case from the active list and/or

47

Superior Court of California County of Madera Local Rules of Court

striking of pleadings, and/or default proceedings and/or dismissal of the case. Failure to be prepared may result in sanctions and/or removal of the case from the active list. (Effective 7/1/08)

2.8.8 Continuances. Continuances or further conference on a continued date may be granted or denied within the discretion of the particular Settlement Conference Judge. (Effective 7/1/08)

2.8.9 Notice of Settlement. As required by California Rule of Court 3.1385, plaintiff’s counsel or plaintiff appearing in propria persona must immediately file a written notice of the settlement or other disposition with the Court and otherwise comply with provisions of Rule 3.1385. The plaintiff must file a request for dismissal within 45 days after the date of settlement. If the plaintiff does not file the request for dismissal, the Court must dismiss the case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed. (Effective 7/1/08)

2.8.10 Arbitration. The Court encourages arbitration. The Court provides such arbitration proceedings in accordance with the California Rules of Court. The Court can also arrange private arbitration or case determination through retired judges. (Effective 7/1/08)

2.8.11 Arbitration Administrator. The Presiding Judge shall appoint an Arbitration Administrator (presently the Judicial Secretary). The Arbitration Administrator’s duties shall be to administer the arbitration procedure, select the arbitrators for the cases on the arbitration hearing list, and generally be responsible for operating the program including calendaring and establishing a filing system for all papers and records filed in arbitration matters. (Effective 7/1/08)

2.8.12 Arbitration Panel. The Arbitration Administrator shall maintain a panel of arbitrators which shall be composed of members of the State Bar of California and retired judges of courts of record. When a case is referred for arbitration, the Arbitration Administrator shall select from the panel not less than three (3) names and serve a copy of this list on each party or counsel appearing. Each party shall have the right to disqualify one (1) arbitrator peremptorily. Any such disqualification shall be exercised not later than ten (10) days from the date the list was mailed to the parties or their counsel. Said disqualifications shall be filed with the Arbitration Administrator. Failure to exercise a disqualification within the time limit provided shall cause the right to disqualify to lapse. Additionally, an arbitrator may be disqualified for any reason for which a judge could be disqualified under Code of Civil Procedure § 170.1. If any member of the arbitrator’s law firm would be disqualified under Code of Civil Procedure § 170.1(a)(2), the arbitrator shall be disqualified. (Effective 7/1/08)

48

Superior Court of California County of Madera Local Rules of Court

2.8.13 Arbitration Fees. The parties shall equally share the cost of arbitration and submit their share of the cost at the conclusion of arbitration. (Effective 7/1/08)

Chapter 9 Settlement Conference Setting.

2.9.1 Pretrial Matters. All pretrial matters shall be set in the appropriate department by the Calendar Clerk at such time as may be directed by the Presiding Judge. (Effective 7/1/08)

2.9.2 Setting Procedure

(a) Short Cause. The Court may order, upon the stipulation of all parties

or the Court’s own motion, that a case is a short cause case exempted from the requirements of case management review and set the case for trial, in accordance with and subject to the provisions of Rule 3.735 of the California Rules of Court. A counsel or self-represented litigant who did not participate in the selection of a short cause trial date shall be entitled to one continuance of right, by stipulation or motion.

(b) Settlement Conference. The Court shall maintain a settlement

conference calendar pursuant to Rule 3.1380 of the California Rules of Court. The Calendar Clerk shall send all parties to the case a notice to attend a settlement conference with the notice of trial.

(c) Setting Civil Matters for Trial. The Court shall maintain a case

management conference calendar pursuant to Rule 3.722 of the California Rules of Court. Dates for trials shall be set forth in the Case Management Conference Order issued by the Court as set forth in Rule 3.728.

(Effective 7/1/08, sections (a) and (c) amended 1/1/13)

2.9.3 Duty of Counsel as to Trial Date Assigned. After a trial date has been assigned, it shall be the duty of counsel or party (if self-represented) to inform the Presiding Judge and all opposing counsel or party (if self-represented) of any fact tending to indicate that the case may not proceed to trial on the date to which it has been assigned. In the event of settlement, counsel, or parties appearing in person, shall immediately notify the Court thereof. Failure to do so may be cause for imposition of sanctions. (Effective 7/1/08, amended 1/1/13)

2.9.4 Uncontested Calendars. All uncontested matters such as adoptions, minor’s compromise, dissolutions, nullities, and legal separations, etc., will be set by request made to the Clerk. (Effective 7/1/08)

49

Superior Court of California County of Madera Local Rules of Court

Chapter 10 Continuance Policy.

2.10.1 Statement of Policy re Continuances. This Court practices a firm continuance policy. Counsel or party (if self-represented) should be aware that the dates assigned for settlement conferences and trials are definite appointments with the Court. All continuances, contested or not, are to be applied for by noticed motion with supporting declarations. Continuances applied for in any other manner will be denied, except in emergencies. Motions for the continuance of the settlement conference and trial shall be made to the Department to which the case has been assigned for all purposes, or, if the case has not been assigned to a Department for all purposes, then to the Supervising Judge of the Probate - Civil Division. Motions for the continuance of the mandatory settlement conference shall be made to the Judge to whom the mandatory settlement conference has been assigned and shall be granted only if the continuance would not delay the trial of the action nor disrupt the calendar of the Judge to whom the settlement conference has been assigned. The Court will grant continuances only upon an affirmative showing of good cause. Grounds which the Court will recognize as good cause for continuance will be:

(a) Death

(1) The death of the trial attorney or an essential witness where,
because of the proximity of such death to the date of trial, it is not feasible to
substitute another attorney or witness.

(2) The death of an expert witness where, because of the
proximity of the death to the date of trial, there has been no reasonable
opportunity for a substitute expert witness to become qualified to testify in
the case.

(3) The death of any other witness only where it is not possible to
obtain another witness to testify to the same facts or where, because of the
proximity of the death to the date of trial, there has been no reasonable
opportunity to obtain such a substitute witness.

(b) Illness. An illness (supported by an appropriate declaration of a

medical doctor, stating the nature of the illness and the anticipated period of any incapacity).

(1) The illness of a party or essential witness, except that, when it
is anticipated the incapacity of such party or witness will continue for an
extended period, the continuance will be granted on condition of taking the
deposition of the party or witness in order that the trial may proceed on the

50

Superior Court of California County of Madera Local Rules of Court

next date set.

(2) The illness of the trial attorney or of an expert witness, except
that the substitution of another attorney or witness will be considered in lieu
of a continuance depending on the proximity of the illness to the date of trial,
the anticipated duration of the incapacity, the complexity of the case, and
the availability of a substitute attorney or expert witness.

(3) The illness of any other witness only where it is not possible to
obtain another witness to testify to the same facts or where, because of the
proximity of the illness to trial, there has been no reasonable opportunity to
obtain such a substitute witness.

(c) Unavailability of trial attorney or witness.

(1) The unavailability of the trial attorney when he or she is
engaged in the trial of another case if: (a) at the time such attorney
accepted the trial date in this case the attorney could not have reasonably
anticipated the conflict in trial date; and (b) the Court was informed and
made a finding on motion made at least thirty (30) days before the date set
for trial that the case was assigned for trial to this attorney within a particular
law firm and that no other attorney in that firm was capable and available to
try the case and was or could be prepared to do so.

(2) The unavailability of a witness is only where the witness has
been subpoenaed, or is beyond the reach of subpoena and has agreed to
be present, and his or her absence is due to an unavoidable emergency
about which counsel did not know, and could not reasonably have known, at
the time of the conference.

(d) Substitution of Trial Attorney. The substitution of the trial attorney

only where there is an affirmative showing that the substitution is required in the interest of justice.

(e) Change in Status. A significant change in the status of the case

where, because of a change in the parties or pleadings ordered by the Court, the case is not ready for trial.

(f) Continuation Fee. The Court, at its discretion, may impose a $20

continuance fee for the continuance of any matter on the Court’s calendar. The fee shall be payable to the Court by the party upon whose behalf a continuance of the hearing date was requested. The fee shall be paid prior to the entry of

51

Superior Court of California County of Madera Local Rules of Court

judgment or dismissal of the matter.

(Effective 7/1/08, amended 1/1/15)

2.10.2 Civil Cases-Further Statement of Policy. In order to effect and preserve the maximum efficiency of the Court in reducing congestion and delay in the trial of cases, the Court will enforce a strict policy of requiring mandatory settlement conferences, trial assignments, and trials to proceed as calendared in the absence of good cause shown for a continuance thereof. Any request for a continuance of settlement conference, trial assignment or trial date shall be made in the form of a noticed hearing before the Presiding Judge or such other Judge as he or she may designate. No stipulation for a continuance of such dates shall be accepted without the express consent of the Presiding Judge or such other Judge as the Presiding Judge may from time to time designate. Any request for a continuance of a mandatory settlement conference shall be made to the Judge to whom the settlement conference has been assigned, and it shall be granted only if (a) the continuance would not delay the trial of the action, and (b) the continuance would not disrupt the calendar of the Judge to whom the settlement conference has been assigned. (Effective 7/1/08)

2.10.3 Civil Cases, Law and Motion and Voluntary Settlement Conference Policy. It is the policy of the Court to cooperate with Counsel or self-represented party regarding continuances of law and motion matters and settlement conferences to the extent possible. This policy is necessarily limited by certain obvious practical considerations. For example, the Judges assigned to the law and motion calendars are provided with the file, including the points and authorities filed by the respective parties, and the research statement, well in advance of the date set for hearing, for the purpose of enabling them to familiarize themselves with the matters raised and the applicable law, and to conduct independent research well in advance of the hearing. The grant of a last-minute continuance is generally inappropriate in that it requires a duplication of effort on the part of the Judge and tends to deprive other litigants of timely access to the courts. Similarly, the Judges assigned to settlement conferences receive the files, including, all discovery theretofore filed with the Court. The Judges read and analyze the entire file and all discovery well in advance of the settlement conference date. (Effective 7/1/08)

2.10.4 Law and Motion and Voluntary Settlement Conference Continuances. Continuances may be granted in law and motion and voluntary settlement conference matters unless (a) such continuance would disrupt the calendar of the department to which such matter has been assigned, or (b) such continuance would tend to delay the trial of the action. (Effective 7/1/08)

2.10.5 Family Law Defaults, Orders to Show Cause, Change of Names and

52

Superior Court of California County of Madera Local Rules of Court

Adoption Continuances. The Calendar Clerk may grant continuances in the above types of proceedings as follows:

(a) Each party may obtain one continuance to a date within forty-five (45)

days of the original date set for hearing without the consent of the Court. Litigants requesting such continuances will have the responsibility to make such requests in writing and state their reasons.

(b) Continuances may also be granted on written stipulation of the

parties. The counsel or self-represented party seeking the continuance or Calendar Clerk is responsible for providing all parties to the action with written notice of continuances.

(c) No request for continuance, except by stipulation, will be granted if

not received in writing five (5) calendar days prior to the date set for hearing.

(Effective 7/1/08)

Chapter 11 Fax Filing.

2.11.1 Payment of Fees. Fees for papers delivered to the Court via facsimile filing shall be remitted within three (3) days after the fax filing is completed by payment to the Clerk. If a party or counsel fails to pay the fee within the required time, the pleading shall be stricken on the Court’s own motion after notice to the parties of record. (Effective 7/1/08, renumbered effective 1/1/10, amended 7/1/11)

Chapter 12 Civil Active List and Conference Setting in Departments 37, 40, 44, 45.

2.12.1 Setting Procedures. The Court shall maintain a case management conference calendar and follow the setting requirements set forth in Rules 3.721- 3.735 of the California Rules of Court. (Effective 7/1/08, rule and chapter heading amended 1/1/13)

2.12.2 Short Cause. Each short cause shall be set for trial and be exempt from any requirement of a settlement conference. (Effective 7/1/08)

DIVISION 3 CIVIL RULES

Chapter 1 General Provisions.

53

Superior Court of California County of Madera Local Rules of Court

3.1.1 Initial Filing. Except as otherwise prescribed by law or these rules, all notices of motion, demurrers and orders to show cause must be served and filed in accordance with Code of Civil Procedure § 1005 unless an order shortening time has been granted by the Judge hearing the matter. Such order shortening time should be included in the order setting the hearing. Proper returns and proofs of service for all notices of motion, demurrers, and orders to show cause must be filed with the Clerk not later than 4:00 p m. on the fourth court day preceding the scheduled hearing. (Effective 7/1/08)

3.1.2 Papers filed at or near Deadline. When papers are filed at or near the deadline, service on opposing counsel should be by personal delivery when feasible. Service of responsive papers should be by personal delivery whenever service by mail has not been effected more than seventy-two (72) hours prior to the time of the hearing. (Effective 7/1/08)

3.1.3 Notice. When a shorter period of notice is required by Rules of Practice and Procedure as adopted by the Judicial Council and the Supreme Court, or otherwise provided by law, the opposition documents must be filed no later than one (1) court day preceding the date of hearing. (Effective 7/1/08)

3.1.4 Accompanying Memoranda. All demurrers and motions must be accompanied by a memorandum of points and authorities. A mere citing of code sections which authorize the filing of a demurrer or motion will not be sufficient unless this section is waived by the law and motion judge. (Effective 7/1/08)

3.1.5 Filings in Unlimited Civil Cases

(a) Parties filing Memoranda of Points and Authorities in support of

motions in unlimited civil cases must provide a courtesy copy of the Memorandum at the time of filing.

(b) Parties filing a Memorandum of Points and Authorities in opposition

to any motion in unlimited civil cases must provide a courtesy copy of the Memorandum at the time of filing.

(c) Parties filing either moving, opposition or reply Separate Statements

in Summary Judgment Motions, Summary Adjudication Motions, or Motions to Compel Discovery in unlimited civil cases, must include a courtesy copy of such a Separate Statement at the time of filing, and must also e-mail a copy of said Separate Statement, in Word format, to the court research attorney at

54

Superior Court of California County of Madera Local Rules of Court

researchattorney@madera.courts.ca.gov.

(d) Parties who have obtained a fee waiver are exempt from this

provision.

(e) The failure to comply with parts (a) – (c) of this section will not

prevent the papers from being accepted for filing, but parties are required to comply with this section as soon thereafter as practical.

(f) The Court may, in its discretion, relieve a party from its duties under

this section.

(Effective 1/1/10, amended 1/1/13)

3.1.6 Filing Form for Motions. Unless otherwise specifically prescribed by law, all motions made in a law and motion department, except those for continuances made in open court, must be presented in writing. (Effective 7/1/08, renumbered 1/1/10, amended 1/1/13)

Chapter 2 Calendaring Matters.

3.2.1 Motion Date. No motion shall be scheduled or noticed for hearing (except ex parte hearings) without first contacting the Calendar Clerk to request a date for hearing. (Effective 7/1/08)

3.2.2 Improper Calendaring. Should any matter be improperly noticed, the Clerk shall refer it to the civil law and motion Judge for disposition or instructions. Such instructions may, in the discretion of the Judge, include returning the document without filing. (Effective 7/1/08)

3.2.3 Time. The calendar in the law and motion department shall be called at 8:30 a.m. each court day. This hour may be changed from time to time by the Judge hearing the law and motion matter, or the Presiding Judge. (Effective 7/1/08)

3.2.4 Continuances. In case any party intends to ask for a continuance or does not intend to proceed in any matter on the date set, that party shall so inform the Court Clerk and opposing counsel or self-represented party as soon as possible, and, in any event, no later than 4:30 p.m. of the second court day preceding hearing. The Judge hearing the matter shall have complete discretion to rule or to take the matter off calendar at any time despite the agreement of counsel or self- represented party to the contrary. (Effective 7/1/08, amended 1/1/13)

55

Superior Court of California County of Madera Local Rules of Court

3.2.5 Motion Removed from Calendar. A law and motion matter that has gone off calendar may be restored thereto only upon notice except in an extraordinary situation to be determined by the Court in its discretion. (Effective 7/1/08)

3.2.6 Motions in Limine. Any motions in limine shall be filed no later than 10 court days before the first day of trial. Any oppositions to such motions shall be filed no later than five (5) court days before the first day of trial. The Court shall have the discretion to refuse to consider any late-filed papers subject to this rule. The parties may agree to set different deadlines for the motions and oppositions, subject to the approval of the trial judge. Such an agreement may be put on the record at any status conference, without the need for a noticed motion or ex parte application, but in any event the agreement must be made no later than the date scheduled for the mandatory settlement conference for that case. (Effective 7/1/12)

Chapter 3 Miscellaneous Law and Motion Department Matters.

3.3.1 Objections to Discovery. Objections to requests for admissions or to interrogatories shall identify and quote the request for admission or the interrogatory immediately preceding the objection. (Effective 7/1/08)

3.3.2 Orders and Judgments.

(a) Minute Orders. Normally, the minute order granting, denying,

sustaining, overruling, or ordering the motion off calendar, will be all that is required, and no signed order is necessary.

(b) Judgment Forms. Counsel or self-represented party must prepare,

serve, and present to the court forms for all orders and judgments which require the Court’s signature. If no objection is forthcoming within ten (10) days, the order or judgment will be signed as presented.

(c) Failure to Object. Failure to serve and file written opposition may be

deemed a waiver of any objections and an admission that the motion or demurrer is meritorious.

(d) Captions. Captions in orders, decrees, and judgments must refer to

all matters covered by the order, decree or judgment, and shall affirmatively state the result or relief.

(e) Responsibility for Notice of Ruling. In addition to the requirements of

56

Superior Court of California County of Madera Local Rules of Court

California Code of Civil Procedure § 472d, notice of the Court’s ruling in all law and motion matters shall be deemed waived by all parties present unless a request is expressly made that notice be required or unless there are parties to the matter who are not present. In such instances, the prevailing party shall give notice unless otherwise ordered by the Court. Failure of the party so ordered to provide the notice of ruling to the Court for its signature within ten (10) court days of the ruling may be grounds for sanctions.

(Effective 7/1/08, parts (a) & (e) amended 1/1/10, part (b) amended 1/1/13)

3.3.3 Real Property Judgments. All judgments or decrees including judgments of dissolution which affect the transfer of real property or interest therein or change the recorded title thereof shall set forth the full legal description of the property together with the name and address of the transferee. Proposed forms of judgments or decrees which describe the real property by street number designation only or similar reference shall not be approved. (Effective 7/1/08)

3.3.4 Judicial Notice.

(a) Duty of Requesting Party. Whenever a party requests the Court to take judicial notice of any matter other than a record of the Madera County Superior Court, the requesting party shall provide the Court with sufficient information to enable it to take judicial notice.

(b) Superior Court Files. If such matter is contained in a file of the Madera County Superior Court, the party shall, at least five (5) days prior to the hearing, by separate document filed directly in the department wherein the matter is noticed, request the Clerk of said department to order delivery of the file for the date of the hearing; and said document shall set forth the case name and number.

(c) Other Court Files. If such matter is contained in a file of any other court, such file shall be subpoenaed for the date of the hearing, or a certified copy of the record or so much thereof as the party wants judicially noticed, shall accompany and be attached to the moving papers.

(Effective 7/1/08)

3.3.5 Class Actions. Where not inconsistent with California law, the California Rules of Court or these local rules, cases filed in this Court as representative or class actions under California Code of Civil Procedure § 382, shall be governed by, and comply with, Rule 23 of the Federal Rules of Civil Procedure. (Effective 7/1/08,

57

Superior Court of California County of Madera Local Rules of Court

Renumbered 7/1/11)

3.3.6 Tentative Rulings. “The court does not routinely issue tentative rulings in advance of the hearing date. If the court chooses to issue an advance tentative ruling, it shall follow the procedure described in California Rules of Court, Rule 3.1308 (a)(2). If the court intends to issue an advance tentative ruling, the parties will be notified by the court and the tentative ruling will be sent to the parties by email or fax at the discretion of the court. The ruling may also be obtained by calling 559-416-5599 if the parties have been notified of the court’s intention to issue a tentative ruling. A party should not telephone the court unless the party has been notified by the court of its intention to issue a tentative ruling. The tentative ruling will be made available by 4:30 p.m. the day before the scheduled hearing, unless another time is specified by the court. The parties shall not be required to give notice of intent to appear, and the tentative ruling shall not automatically become the ruling of the court if such notice is not given. The tentative ruling, or such other ruling as the court may render, shall not become final until the hearing. Nothing in this section shall require any judge to issue a tentative ruling on any motion.” (Effective 1/1/16)

Chapter 4 Case Management - Scope, Purpose and Authority.

3.4.1 Scope. The provision of the case management rules contained in this Division of the Local Rules applies only to “general civil cases,” that is, all civil cases except probate, guardianship, conservatorship, family law (including child custody proceedings), juvenile proceedings and other civil proceedings. (Effective 7/1/08)

3.4.2 Definitions. “General civil proceedings” shall specifically include:

(a) Personal injury, death or property damage-motor vehicle cases;

(b) Personal injury, death or property damage-other cases;

(c) Eminent Domain proceedings;

(d) Other civil actions and proceedings including breach of contract,

injunctions, petitions for receivers, extraordinary writs, and the like, where other statutory provisions or Rules of Court do not conflict with these rules.

(Effective 7/1/08)

3.4.3 Purpose. The purpose of this rule is to: (a) expedite disposition of the case;

58

Superior Court of California County of Madera Local Rules of Court

(b) establish early and continuing control so that the case will not be protracted because of lack of management; (c) discourage wasteful pretrial activities; (d) improve the quality of trials by encouraging thorough preparation; and (e) facilitate early settlement of each case. (Effective 7/1/08)

3.4.4 Authority. This Rule is adopted pursuant to the authority of Government Code § 68070, and Standards 2 and 2.1 of the Standards of Judicial Administration. (Effective 7/1/08)

3.4.5 Case Disposition Standards.

(a) General Civil Cases. The Court adopts the disposition guidelines set

forth in Standards 2.1 and 2.2 of the Standards of Judicial Administration, i.e., 90% of all general civil cases shall be disposed of within one (1) year of the filing of the complaint, 98% shall be disposed of within 18 months and 100% shall be disposed of within two (2) years. (Effective 7/1/08, amended 1/1/17)

(b) Time Standards in Small Claims Cases. The goal of each division

within this Court shall be: 90% disposal within 75 days of filing; 100% within 95 days of filing. (Effective 7/1/08, amended 1/1/17)

(c) Time Standards for Unlawful Detainer Actions. The goal of each

division within this Court shall be: 90% disposal within 30 days of filing; 100% disposal within 45 days of filing.

(Effective 7/1/08)

3.4.6 Exemption for Complex Cases. Cases which the Court determines to be “complex” cases shall be governed by Standard 3.10 of the Standards of Judicial Administration and not by this Division. The Court may independently review the case file to determine if a case is a “complex” case at any time after the filing of a complaint or upon the suggestion of any party. (Effective 7/1/08, amended 1/1/10, 7/1/13).

Chapter 5 Case Management Conferences in Superior Court.

3.5.1 Calendaring the Case Management Conference. A Case Management

59

Superior Court of California County of Madera Local Rules of Court

Conference will be calendared no later than 180 days after the filing of the initial complaint, and notice of the case management conference shall be given to all parties no later than 45 days before the conference. If the Complaint has not been served in that time, the Plaintiff or Plaintiffs must still appear and request a continuance, subject to a good cause determination by the Court. The Case Management Conference shall be taken off calendar if a dismissal or judgment as to all parties has been entered, or if an at issue memorandum has been filed. (Effective 7/1/08)

3.5.2 Preparation for Case Management Conference. No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. The parties must use the mandatory Case Management Statement, Judicial Council Form CM-110. All applicable items on the form must be completed. In lieu of each party filing a separate case management statement, any two (2) or more parties may file a joint statement. (Effective 7/1/08)

3.5.3 Continuances of Case Management Conference. A noticed conference may be continued by stipulation of the parties for a period not to exceed 15 days from the original date set for the hearing. The Court may continue the Case Management Conference for the convenience of the Court’s calendar, including informal coordination of related cases, consolidation of hearings on other pending motions, or other good cause. The Court may, in its discretion, impose a $20 continuance fee if the circumstance causing the continuance is caused by one or more of the parties. The fee must be paid prior to the entry of judgment or dismissal. (Effective 7/1/08, amended 1/1/10)

3.5.4 Time and Department for Case Management Conferences. Conferences shall be held in the department to which civil matters are assigned or as directed by the Presiding Judge. The first conference shall ordinarily be heard as calendared by the Judicial Secretary and thereafter conferences shall be held as ordered by the Court. (Effective 7/1/08, amended 1/1/13)

3.5.5 [Deleted 1/1/15]

3.5.6 Service of Parties. Plaintiffs shall have served the summons and complaint on all defendants and shall have filed the proofs of service by the date of the first Case Management Conference. Alternatively, plaintiff may submit an application and order for publication of summons within this period. Parties shall not submit applications for extension of time for service of summons. Requests for additional time to serve summons will be considered at the Case Management Conference. (Effective 7/1/08)

60

Superior Court of California County of Madera Local Rules of Court

3.5.7 [Deleted 1/1/10]

3.5.8 [Deleted 1/1/10]

3.5.9 Uninsured Motorist Cases. To allow for arbitration of the plaintiffs’ claim, the rules in this Division shall not apply to a case designated by the Court as “uninsured motorist” until 180 days after the designation. With the filing of the complaint or within 10 days after discovery that the case is an “uninsured motorist” case, plaintiff shall file an ex parte application for designation as “uninsured motorist.” If the case is not dismissed 180 days after the designation, the Court shall issue an order to show cause why the case should not be dismissed. (Effective 7/1/08)

3.5.10 Reporting of Case Management Conference. Case Management Conferences are not reported unless otherwise directed by the Court. (Effective 7/1/08, amended 1/1/10)

3.5.11 Referral to Arbitration. If plaintiff designates the case as eligible for judicial arbitration under Code of Civil Procedure § 1141.11, and defendant’s response indicates that the case is otherwise eligible, the Court may, on its own motion, vacate the Case Management Conference and refer the matter to judicial arbitration. If the parties fail to designate that the case is or is not suitable for arbitration, the Delay Reduction Coordinator may inquire from the parties whether the case is suitable for arbitration, and if the parties all agree to arbitration, the Court may order the matter so referred and vacate the Case Management Conference. (Effective 7/1/08, amended 1/1/10).

Chapter 6 Case Management Conference Orders.

3.6.1 Type of Order Judge May Enter. Following any case management conference conducted pursuant to this Division, the Judge conducting the conference may enter orders as may be necessary for the conduct of the conference, including continuance of the conference or discovery matters. (Effective 7/1/08)

3.6.2 Order Governs Further Proceedings. Any such Order shall, until modified, govern all further proceedings in the case. (Effective 7/1/08)

3.6.3 Failure to Comply May Result in OSC re: Sanctions. Failure to comply with the orders of the Court in any Case Management Conference may result in the Court imposing monetary sanctions under Code of Civil Procedure § 177.5, or other sanctions under Government Code § 68608(b), including dismissing actions

61

Superior Court of California County of Madera Local Rules of Court

or striking pleadings, if it appears that less severe sanctions would not be effective after taking into account the effect of previous orders or previous lack of compliance in the case. (Effective 7/1/08, amended 1/1/10).

Chapter 7 Case Management - Dismissal Calendar.

3.7.1 Definition. The Court periodically shall hear a dismissal calendar for cases which are eligible for dismissal under the provisions of Part 2, Title 8, Chapter 1.5 (commencing with § 583.110) of the Code of Civil Procedure. (Effective 7/1/08)

3.7.2 Setting. Cases shall be placed on this calendar on motion of the Court. Parties shall be given 20 days’ notice, unless longer notice is required by statute or by the California Rules of Court. (Effective 7/1/08)

3.7.3 Opposition. A party desiring to oppose a motion to dismiss must file a written objection not less than 5 days before the date calendared for hearing the motion. Such an objection shall state concisely the grounds for opposition to any such motion, and if opposition is based on a stay of proceedings issued by another Court a copy of the document on which the party relies for asserting such a stay exists, and a brief statement outlining the status of the matter creating such a stay. (Effective 7/1/08)

3.7.4 Dismissal. When no opposition is filed in accordance with these rules, the matter shall be summarily dismissed on the date calendared for hearing, notwithstanding any later appearance or opposition. (Effective 7/1/08)

Chapter 8 Miscellaneous Provisions

3.8.1 Delegation. The Presiding Judge may delegate the functions of the Court Clerk set forth in this Division in setting, continuing or vacating Case Management Conferences to a designated Court employee who shall be called the Civil Delay Reduction Coordinator. (Effective 7/1/08)

DIVISION 4 CRIMINAL LAW MATTERS

Chapter 1 General Matters.

4.1.1 Continuances in Criminal Cases. The continuance policy of this Court relating to any state of a criminal proceeding is necessarily governed by the provision of the Penal Code. It is the stated policy of this Court that all felony cases may be brought to trial within sixty (60) days of the finding of the indictment or the filing of the information. Time waivers are generally discouraged and may not be

62

Superior Court of California County of Madera Local Rules of Court

accepted except in unusual and extreme circumstances, pursuant to judicial discretion and/or a formal judicial order. (Effective 7/1/08, amended 1/1/22)

4.1.2 Criminal Discovery Motions. All discovery in criminal cases shall be governed by Part 2, Title 6, Chapter 10, commencing with Penal Code § 1054. (Effective 7/1/08)

4.1.3 Moving Parties for Motions under Penal Code § 995. Documents accompanying such motions shall include the following:

(a) A brief statement in summary form of the facts as set forth in the transcript;

(b) A statement of the issues specifically identifying in what regard the People’s case is defective;

(c) References to testimony in the transcript that the moving party intends to rely upon must be set forth specifying page and line number;

(d) A statement of authorities upon which the moving party relies.

(Effective 7/1/08, amended 1/1/10)

4.1.4 Motion under Penal Code § 1538.5 to Suppress Evidence.

(a) Moving papers accompanying such motions shall include a brief

statement in summary form of the facts upon which the moving party relies in support of the motion. Moving papers accompanying such motions shall include a complete specification of the exact matters and things the defendant wants to be suppressed or which the District Attorney wants to have admitted.

CAVEAT: “All the evidence seized on..., etc.” is not a proper specification.

(b) The moving papers designating a motion to suppress pursuant to

Penal Code § 1538.5 shall specifically describe and list the evidence which is the subject of the motion to suppress, and shall specifically state the theory or theories which shall be relied upon and urged for the suppression of evidence, and cite the specific authority or authorities which will be offered in support of the theory or theories upon which suppression of the evidence is urged.

(c) If the moving party intends to rely upon some testimony in the

transcript, the moving papers shall contain references to such testimony specifying

63

Superior Court of California County of Madera Local Rules of Court

the page and line number of the transcript.

(d) If the moving party intends to present testimony, the following must

be done:

(1) The first page of the moving papers shall so state and shall
further set forth an estimate of the time required for such testimony.

(2) Notice of such intent must be given to the Court and opposing
counsel not less than ten (10) days in advance.

(3) The moving party shall be responsible for assuring the
presence of the witnesses he or she intends to call.

(4) Points and Authorities in support of and in opposition to the
motion shall be filed and served on the opposing party. The absence of
such a memorandum may be construed by the Court as an admission that
the motion is not meritorious and cause for its denial.

(Effective 7/1/08)

4.1.5 Forfeiture and Reinstatement of Bail; Resumption of Liability on Bail Bonds.

The general procedure for a motion to vacate forfeiture of bond is as follows:

(a) All motions to vacate forfeiture and exonerate or reinstate bonds in

the Superior Court shall be filed in the criminal case.

(b) A notice of motion shall be filed setting forth the date and time of the

hearing. A supporting declaration stating the specific grounds upon which the motion is based and, unless there is a statement that the surety, or his agent, has surrendered the defendant, also indicating non-collusion of the surety.

(c) Pursuant to Penal Code § 1306(b), if the Court grants relief from

forfeiture, the Court may impose a fee reflecting the actual costs of returning a defendant to custody, except in cases where the Court determines that in the best interest of justice no costs shall be imposed.

(Effective 7/1/08, amended 7/1/11, 1/1/26)

4.1.6 Preliminary Criminal Matters. Any party to a criminal action intending to

64

Superior Court of California County of Madera Local Rules of Court

raise preliminary matters before the trial court should orally specify the matters to be raised and the reasons therefor at the trial confirmation. These include:

(a) A detailed specification of the preliminary matters to be brought

before the trial court and the reasons therefor shall be included in the written motion and papers submitted to the Court.

(b) Preliminary matters include, but are not limited to, motions in limine,

motions to exclude confessions or admissions, motions to suppress where permitted to be raised in the trial court, and motions to strike prior convictions.

(c) An estimate of the time required for the preliminary matters to be

heard.

(Effective 7/1/08)

4.1.7 Mental Capacity Issues and Pleas.

(a) It is the policy of the Court that requests for psychiatric examination

and pleas of “not guilty by reason of insanity” are brought before the Court at the earliest possible time and as far in advance of the trial date as practicable.

(b) If a “not guilty by reason of insanity” plea is reserved pending a

psychiatric examination pursuant to Evidence Code § 1017, a “not guilty by reason of insanity plea” shall be entered within five (5) court days following the receipt of such report.

(Effective 7/1/08)

4.1.8 Evidentiary Hearings. Formal evidentiary hearings on a probation officer’s report and pronouncement shall only be set and heard upon the filing of a declaration by the defendant and/or his or her attorney. The declaration shall set forth the reasons and need for such a hearing. Said declaration shall be filed four (4) court days before the matter is set for hearing or sentencing and shall include proof of service of a copy on the attorney for the plaintiff. (Effective 7/1/08)

4.1.9 Disposition of Exhibits. Pursuant to Penal Code § 1417.3, any exhibits offered by the state or defendant shall be returned to the party offering them, by order of the Court, where the exhibit poses a security, storage, safety, or health problem. A photographic record shall be substituted for said exhibit. Exhibits which are within this category are:

65

Superior Court of California County of Madera Local Rules of Court

(1) Any type of explosive powder

(2) Any explosive chemical such as toluene, ethane, etc.

(3) Any explosive device (i.e. pipe, bomb, grenade)

(4) Any container which contains a flammable liquid

(5) Any canister containing tear gas or mace

(6) Any rags soaked with any flammable liquid

(7) Phencyclidine, methamphetamine, corrosive liquid pyrrolodine,

morpholine, or piperidine in liquid form

(8) Samples of blood, urine, human or animal tissue or other items

requiring refrigeration and/or humidity-controlled storage

(9) Any controlled substance that requires special destruction under the

State of California as being a hazardous material, which would include any cocaine, methamphetamine or heroin.

All such substances will be returned to the district attorney’s office or the agency that confiscated the controlled substance and who has presented it as evidence in court in a criminal action or proceeding. It shall be returned by stipulation of Counsel as provided in Penal Code § 1417.2.

If exhibits or evidence are presented by either party which are deemed by the Court, in its discretion, as a health or safety hazard, or which may otherwise interfere with the Court’s orderly business, the Trial Judge may direct such exhibits or evidence to be placed in storage containers or such applicable containers so as to minimize the intrusiveness or safety concerns of such exhibits or evidence. Counsel are also specifically directed to place evidence or exhibits with a pungent odor into plastic containers wherever practicable when they are brought into Court.

(Effective 7/1/08, amended 7/1/11)

4.1.10 Reporter’s Notes of Capital Cases. So as to comply with the Supreme Court Order of November, 1989, all records in capital cases, including court reporter’s notes, shall be turned in to the Clerk’s Office upon completion of the case. Completion means when the transcript is completed and filed. The Clerk shall

66

Superior Court of California County of Madera Local Rules of Court

maintain all death penalty records in a designated place until ordered destroyed by the Supreme Court. (Effective 7/1/08, amended 1/1/13)

4.1.11 Sound Recordings Offered at Trial. Any party intending to offer any sound recording in evidence at trial shall prepare a transcript of the sound recording at least fourteen (14) days before trial and serve such transcript and copy of the recording on all other parties. Any party disputing the accuracy of the transcript shall prepare his own transcript of the sound recording identifying the disputed portions and serve that transcript on all other parties no later than three (3) days before trial. When disputed, the parties shall meet and confer in a good faith effort to resolve their differences.

(a) In the event that the differing versions cannot be resolved by the

parties, they shall alert the Trial Judge on or before the first day of trial to reserve an appropriate amount of time in the assigned trial court to settle the dispute before summoning a jury panel.

(b) The propounding party shall prepare a sufficient number of copies of

the transcript for distribution as ordered by the Court.

(c) Nothing herein is intended to contravene the applicable rules of

discovery or valid claims of confidentiality provided by law. If a party is entitled to maintain the confidentiality of a sound recording and chooses to do so until trial, a proposed settled transcript shall be lodged with the Court when the sound recording is marked for identification. The opposing party shall be allowed a reasonable opportunity to listen to the sound recording, prepare a proposed transcript and lodge objections before the sound recording is received as evidence.

(Effective 7/1/08, part (a) amended 1/1/13, part (d) added 1/1/15, 1/1/26)

4.1.12 [Deleted 1/1/13]

4.1.13 [Deleted 1/1/15]

4.1.14 Petition Pursuant to Penal Code, § 1203.4. A person who petitions for a change of plea or setting aside of a verdict under Penal Code, § 1203.4 is required to additionally serve the petition for relief on the Madera County Probation Department prior to filing the petition with the court. (Effective 7/1/19)

4.1.15 Filings in Criminal Cases

(a) Parties filing motions and documents in support of motions with the

67

Superior Court of California County of Madera Local Rules of Court

Criminal Division must provide a courtesy copy of all documents at the time of filing.

(b) Parties filing responses and documents, in opposition or otherwise, to

any motion with the Criminal Division must provide a courtesy copy of all documents at the time of filing.

(c) Parties filing a reply and related documents to any response with the

Criminal Division must include a courtesy copy of all documents at the time of filing.

(d) Parties who have obtained a fee waiver are exempt from this

provision.

(e) The failure to comply with parts (a) – (c) of this section will not

prevent the papers from being accepted for filing, but parties are required to comply with this section as soon thereafter as practical.

(f) The Court may, in its discretion, relieve a party from its duties under

this section.

(Effective 1/1/20)

4.1.16 Procedure for Scheduling a Request to Recall Warrant Hearing After Failure to Appear

(a) Definitions.

(1) Failure to Appear (FTA) means the defendant’s nonappearance in court at a scheduled hearing or proceeding for which notice was provided.

(2) Consecutive failures to appear (FTAs) means two (2) failures to appear occurring in succession on the same case without an intervening appearance.

(3) Bail Forfeiture Status means that bail previously posted by the defendant has been ordered forfeited by the court.

(4) Letter of Reassumption of Liability means written confirmation from the surety or bonding company reinstating liability on the bond.

68

Superior Court of California County of Madera Local Rules of Court

(b) Eligibility; No Consecutive Failures to Appear; No Bail Forfeiture.

(1) A defendant may contact the court by telephone or appear in person to schedule a Request to Recall Warrant Hearing.

(2) The hearing shall be set no earlier than one (1) week from the date of the request.

(c) Eligibility: No Consecutive Failures to Appear; Bail in Forfeiture Status.

(1) A defendant with no history of consecutive prior failures to appear, but whose bail is in forfeiture status, shall not have a case scheduled for hearing until the following requirements are satisfied:

(A) Obtain a Letter of Reassumption of Liability from the bonding agency.

a. The Letter of Reassumption of Liability is void if a hearing cannot be scheduled before the expiration date noted on the letter. To be eligible to be placed on calendar, a new letter will need to be obtained from the bonding agency.

(B) Within two (2) days, submit the Letter of Reassumption of Liability to the Court to ensure the letter does not expire.

(2) Upon satisfaction of these requirements, the defendant may contact the court by telephone or appear in person to schedule a Request to Recall Warrant Hearing.

(3) The hearing shall be set before the expiration of the Letter of Reassumption of Liability or no earlier than two (2) court days from the date of the request.

(d) Ineligibility for Scheduling via telephone; Two or More Consecutive Failures to Appear.

(1) A defendant with a history of two (2) consecutive failures to appear shall not be eligible to schedule a Request to Recall Warrant Hearing via telephone.

69

Superior Court of California County of Madera Local Rules of Court

(A) In order for the clerk to calendar a Request to Recall Hearing, the defendant may submit a written request using the ‘Request for Calendar Setting’ form for each case with an active warrant to be scheduled.

(B) The hearing shall be set no earlier than one (1) week from the date of the request.

(C) If the defendant elects not to submit the required written request, or wishes to clear the warrant sooner, the defendant may surrender directly to their local sheriff’s department.

(e) Judicial Discretion. Nothing in this rule shall limit the authority of any judicial officer to deny, modify, or otherwise determine the scheduling of a Request to Recall Warrant Hearing based on the specific circumstances of the case or the interests of justice

(Effective 1/1/26)

Chapter 2 Traffic Matters

4.2.1 Extension for Pay or Appear Date. A party may request from the clerk of the court one extension not to exceed 30 days from the pay or appear date listed on the citation or mandatory reminder notice. The extension will be granted only if the request is made on or before the original pay or appear date. (Effective 1/1/25, amended 7/1/25)

4.2.2 Dismissal of Correctable Traffic Offenses. With respect to violations specified in Vehicle Code § 40303.5, the clerk of the court shall enter an order of dismissal pursuant to Vehicle Code § 40522 on timely presentation of proof of correction and payment of the required fee. (Effective 7/1/08, amended 1/1/15, 7/1/25)

4.2.3 Insurance Vehicle Code § 16028 Fine Reduced by Clerk. A defendant may submit to the clerk of the court proof of insurance to have the fine reduced. If the insurance was valid at the time the citation was issued, a proof of correction fee equal to $25.00 will be collected and the citation dismissed as proof of correction. If valid insurance was obtained after the citation was issued, the base fine will be reduced to the minimum base fine specified in Vehicle Code § 16029. (Effective 1/1/25, amended 7/1/25)

70

Superior Court of California County of Madera Local Rules of Court

4.2.4 Policies for Attendance at Traffic Violator School.

The following shall apply to all applications for Traffic Violator School:

(1) Fine and fee is payable at the Superior Court in the county of
violation according to that court’s policy;

(2) Any speed violation must be less than 26 miles per hour over
the applicable limit;

(3) The alleged violator shall have no prior traffic school in last 18
months (from violation date to violation date);

(4) The time to complete school and submit a certificate of
completion to the clerk of the court is 90 days from receipt of payment. If a
payment plan is granted pursuant to VC § 42007(a)(2), the time to complete
school and submit a certificate of completion to the clerk is 90 days from
receipt of the initial payment. If more time is needed, the defendant may
submit a request to the division which granted the traffic school;

(5) Defendant must request traffic school on or before the due
date on the citation, mandatory reminder notice, or any court-granted
extension to the due date.

(6) Defendants must contact the Traffic Division if they wish to
request traffic school after the due date on the citation, mandatory reminder
notice, or any court-granted extension to the due date. Granting traffic
school after the due date will be at the discretion of the court.

(Effective 7/1/08, amended 1/1/10, 7/1/10, 1/1/25, 7/1/25).

4.2.5 Added Fees for Traffic Violator School. Each person permitted or ordered to attend traffic violator school shall pay a fee equal to the bail for the offense for which he or she was cited. In addition each person shall also pay administrative fees as authorized by law. Payment for both such fees shall be made to the Division which permitted or ordered the traffic violator school attendance. (Effective 7/1/08, amended 7/1/10, 1/1/16, 1/1/25)

4.2.6 Trial by Written Declaration. Any defendant, regardless of where he or she

71

Superior Court of California County of Madera Local Rules of Court

resides, may elect to have a trial by written declaration for traffic violations described in Vehicle Code § 40902. A trial by written declaration shall be processed and determined in accordance with Vehicle Code § 40902. The defendant has 20 calendar days from the date of delivery or mailing of the TR-215 to submit a Request for New Trial (Trial de Novo) (form TR-220). (Effective 7/1/08, amended 7/1/10, 1/1/25)

4.2.7 Trial in Absentia. Pursuant to Vehicle Code § 40903, any person who fails to appear as provided by law may be deemed to have elected to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of the Vehicle Code or any local ordinance adopted pursuant to this code.

(a) When a defendant does not respond to the mandatory reminder notice by the Pay or Appear date, the clerk of the court shall initiate the trial by written declaration process (in absentia). The clerk shall send the defendant a Notice of Trial by Written Declaration and Request (form TR-205). The notices, forms, due dates, and all other requirements for the trial by written declaration process shall be consistent with Rule 4.210 of the California Rules of Court.

(b) Should the officer(s) submit their declaration(s) timely, the Court shall hold a trial by declaration and issue a ruling in the matter.

(c) Should the officer(s) fail to submit their declaration(s) or submit their declaration(s) after the due date, a trial by declaration will not be held. The case will be dismissed for lack of prosecution.

(d) If there is a guilty finding, the conviction shall be reported to DMV (if the charge is reportable), and a Notice of Decision (TR-215) sent to the defendant. The defendant has 20 calendar days from the date of delivery or mailing of the TR- 215 to submit a Request for New Trial (Trial de Novo) (form TR-220). The defendant will be responsible for paying the ordered fine or timely submitting form TR-220 and posting the bail amount with the clerk of the court. The case will be referred to collections if the defendant does not respond to the Notice of Decision.

(Effective 1/1/25, amended 7/1/25)

4.2.8 Transcripts.

72

Superior Court of California County of Madera Local Rules of Court

(a) Where a party or attorney has been found to have repeatedly ordered

transcripts of hearings or trials in preparation for appeal, but continually failed to file such an appeal, the Traffic Court judge has the discretion to deny the request pending the filing of an affidavit by the party or attorney that he or she has a good faith and reasonable suspicion that appealable error occurred at the hearing or trial.

(b) If the trial court proceedings were reported by a court reporter and

the trial court judge determines that it would save court time and resources, instead of correcting a proposed statement on appeal, the trial court judge may order that a transcript be prepared as the record of the oral proceedings. The court will pay for any transcript ordered under this subdivision.

(Effective 7/1/10, amended 7/1/20, 1/1/25)

4.2.9 Remote Video Proceedings.

(a) Traffic infraction trials and proceedings may be conducted by two-

way remote video communications pursuant to California Rules of Court, Rule (“CRC”) 4.220(a).

(b) “Remote video proceedings” (“RVP”) are available in any infraction

case involving an alleged violation of the Vehicle Code, or any local ordinance adopted under the Vehicle Code, that does not involve drugs or alcohol, or cases that are filed in informal juvenile or traffic court; except as specifically excluded by CRC Rule 4.220(b)(1).

(c) RVP are available for arraignments, trials, or related proceedings

conducted by two-way electronic audiovisual communication between the defendant, witnesses, the prosecution, including any law enforcement officer, and the court in lieu of the physical presence of both the defendant and any witness or law enforcement officer in the courtroom.

(d) RVP may only be requested by the defendant. If RVP is not

requested by the defendant, the trial will be heard in Department 17.

(e) To request arraignment and trial on the same day by RVP, the

defendant must complete and submit Judicial Council form TR-505, Notice and Waiver of Rights and Request for Remote Video Arraignment and Trial. To request arraignment and trial on different days by RVP, the defendant must complete and submit Judicial Council form TR-510, Notice and Waiver of Rights and Request for Remote Video Proceeding.

73

Superior Court of California County of Madera Local Rules of Court

(f) Judicial Council forms TR-505 and TR-510 must be submitted, either

in person or by mail, to the Traffic Division for filing. The mailing address for the Traffic Division is:

Madera County Superior Court Traffic Division 200 South “G” Street Madera, California 93637

The Traffic Division is located on the first floor of the Madera County courthouse located at 200 South “G” Street, Madera, California 93637.

(g) The forms requesting RVP must be submitted for filing no later than

one (1) day prior to the appearance date indicated on the traffic citation issued by the officer or other notice to appear. Forms submitted in person must be received at least five (5) court days prior to the appearance date indicated on the traffic citation issued by the officer or other notice to appear. Forms submitted by mail must be postmarked no less than ten (10) court days prior to the appearance date indicated on the traffic citation issued by the officer or other notice to appear.

(h) All documents the defendant, prosecution or law enforcement officer

intends to request the court to consider on the date of the RVP trial must be submitted prior to the date set for trial, in order for the documents to be in the file and available to the judicial officer on the date of the trial.

“Document” means any writing, handwritten, typed or printed, diagram, map, drawing, photograph and reproduction of any electronic image.

All documents submitted must clearly and legibly indicate the full name of the defendant and the case number or citation number. All documents must be submitted with Madera County local form MAD-CSD-0007, Notice of Exhibits Associated with Remote Video Trial. At least two (2) copies of all documents submitted must be brought to the RVP trial by the party submitting the documents. One (1) of those documents must be provided to the opposing party prior to the beginning of the trial.

The judicial officer, in his or her discretion, may accept documents for consideration on the date of the trial by RVP. If any party to an RVP trial wishes to have the court consider documents on the date of the RVP, those documents must be provided to the court clerk no later than 9:30 a.m., on the day of the trial. The original document must be submitted to the court. The submitting party must bring two (2) copies of each original document to the RVP trial and provide one (1) of

74

Superior Court of California County of Madera Local Rules of Court

those copies to the opposing party prior to the beginning of the trial.

(Effective Date 7/1/19, amended 1/1/25)

DIVISION 5 DOMESTIC RELATIONS AND JUVENILE MATTERS

Chapter 1 General

5.1.1 Domestic Relations Forms. All applications in matters coming under the Divisions 6 through 12, inclusive, of the Family Code, and related papers, shall be prepared so far as possible on forms approved by the Judicial Council. The Clerk’s office has approved Judicial Council forms available for counsel and parties. (Effective 7/1/08)

5.1.2 Marvin Cases. Matters involving issues coming within the Marvin v. Marvin (1976) 18 Cal.3d 660, case shall be governed by the statutes, cases, and rules applying to non-family law civil cases except that:

(a) A form pursuant to Family Code § 3409 shall accompany the petition

if minor children are involved;

(b) An Order to Show Cause or Request for Order may be issued;

(c) An Income and Expense Declaration shall be required in accordance

with Rule 5.260(a) of the California Rules of Court.

(Effective 7/1/08, amended 1/1/13, section (c) amended 1/1/15)

5.1.3 [Deleted 1/1/21]

5.1.4 Orders Shortening Time. A request for an Order for Shortening Time of a Notice, for a Request for Order, Order to Show Cause or Notice of Motion, shall be made only after the filing of an affidavit or declaration showing an urgent need for said order, or showing that an irreparable injury may result unless the time is shortened. In such emergency cases, the Clerk shall place the matter on the calendar upon the filing of said papers, together with the Order Shortening Time and proof of service, which said papers shall be filed with the Clerk not later than 4:00p.m. the day before the hearing. (Effective 7/1/08, amended 1/1/13, 1/1/15)

5.1.5 Requests for Orders, Orders to Show Cause and Notices of Motion Re Support or Fees. All Requests for Orders, Orders to Show Cause, and Notices of

75

Superior Court of California County of Madera Local Rules of Court

Motion, regarding payment of spousal support, child support, and attorney’s fees shall be supported by an appropriate declaration together with a complete income and expense declaration on forms provided by the Clerk’s Office. (Effective 7/1/08, amended 1/1/13)

5.1.6 Moving Papers Accompanied by Blank Forms. The moving parties’ supporting declaration and income and expense declaration shall be served with the Request for Order, Order to Show Cause and/or Notice of Motion, which shall be accompanied at the time of service by two blank forms of the petitioner’s/respondent’s income and expense declaration. (Effective 7/1/08, amended 1/1/10, 1/1/13).

5.1.7 Responding Party to Complete Forms. The party, upon being served, shall complete said income and expense declaration, in duplicate, and serve the moving party’s attorney or party, if self-represented, with one and file the other completed income and expense declaration with the Clerk three (3) court days prior to the hearing. In the discretion of the Court, a self-represented respondent may be allowed to file his or her income and expense declaration at any time prior to actual hearing upon the Request for Order, Order to Show Cause, or Notice of Motion. (Effective 7/1/08, amended 1/1/13, 1/1/26)

5.1.8 Fees. The required filing fee shall be waived if the party has submitted a petition to proceed in forma pauperis and it reasonably appears that such person could not otherwise proceed without using the funds required for the necessities of life. (Effective 7/1/08)

5.1.9 Setting Requests for Order, Orders to Show Cause and Notices of Motion in Family Law Matters. The Calendar Clerk shall set all Requests for Order, Orders to Show Cause and Notices of Motion, in family law matters to be heard in the family law department to which such case is assigned. (Effective 7/1/08, amended 1/1/10, 1/1/13)

5.1.10 Assignment for Trial Setting. Upon filing an at-issue memorandum, the matter shall be assigned for trial setting to the family law department to which such case is assigned. (Effective 7/1/08, amended 1/1/10)

5.1.11 [Deleted 1/1/10]

5.1.12 [Deleted 1/1/10]

5.1.13 Non-Appearance of Counsel or Self-Represented Party. When a matter comes on calendar and there is no appearance by counsel or self-represented

76

Superior Court of California County of Madera Local Rules of Court

party, the matter will be ordered stricken from the calendar unless:

(a) The return of service of the copy of the Request for Order, Order to

Show Cause, or Notice of Motion, theretofore issued by the Court is on file or the Clerk has been advised that such service has been effected, and,

(b) The Clerk has been notified to request the Court for a continuance of

said matter.

(Effective 7/1/08, amended 1/1/13)

5.1.14 Counsel’s Duty. If an attorney is unable to be present at the time of the call of the case on calendar he or she must, prior to the call, inform the courtroom Clerk of that department of the reason for and extent of such delay. Failure to appear or furnish such information shall be deemed sufficient cause for placing such matter off the calendar or for proceeding to hear the matter in the absence of counsel as the Court in its discretion may determine. (Effective 7/1/08)

5.1.15 Restoration to Calendar. In the extraordinary situation where there is good cause therefor, the Court may order a matter stricken from the calendar to be restored to the calendar upon such conditions as the Court shall deem necessary or desirable. (Effective 7/1/08)

5.1.16 [Deleted 1/1/26, see Local Rule 2.1.4]

5.1.17 Hearings for Requests for Orders, Orders to Show Cause, and Notices of Motion. All Requests for Orders, Orders to Show Cause, and Notices of Motion, shall be heard before the law and motion judge at the time and the days as the Presiding Judge and/or Calendar Clerk may from time to time designate. In custody matters, the Court may contact Family Court Services for intake evaluation. If it appears that a report from the Family Court Services is appropriate, a stipulation on a form provided shall be signed. All stipulations must be reduced to writing and signed by the parties and their counsel (if represented). Whether payments are to be made by one (1) party on community obligations prior to trial, or whether those payments shall be reimbursable to that party prior to an equal division of the community property at trial, or whether such payments shall be considered as support shall be set out in the stipulation. In cases in which it is anticipated that custody and division of assets will be contested, counsel or self- represented party is requested to seek a bifurcation of those issues for trial.

Caveat: Counsel and/or self-represented party should always bear in mind that what is in the best interests of the children is of paramount importance and that

77

Superior Court of California County of Madera Local Rules of Court

there is a substantial risk of doing irreparable harm to the children if the matter of the children’s custody is litigated in the same proceeding as the division of property.

(Effective 7/1/08, amended 1/1/13)

5.1.18 Mandatory Settlement Conference. All cases involving a trial estimate of five hours or more shall be set for mandatory settlement conference. Settlement conference shall be held in accordance with the Court policy regarding family law matters and the parties and counsel shall comply with such policy. In the event of a failure to comply therewith, the Court may impose appropriate sanctions. The parties shall be present at the settlement conference, and if a settlement is effected, a judgment may be obtained. All judgments shall be approved as to the content by opposing counsel prior to submission to the Judge for signature. (Effective 7/1/08, amended 1/1/13)

5.1.19 Appraisal. In cases in which the value of assets is in dispute, the parties must be prepared to introduce legally sufficient evidence to establish value. Counsel and self-represented parties are urged to consider stipulating that a single appraiser may make an appraisal and that the results of such appraisal shall be admissible in written form thereby waiving the right of cross-examination. The Court may on its own motion appoint an appraiser at the expense of the parties, to assist in determining value. (Effective 7/1/08, amended 1/1/13)

5.1.20 Default Hearings. Default hearings shall be set by the Calendar Clerk for 8:30 a.m., Monday through Friday in Department 37, Department 44 and the Temporary Remote Department, Fridays at 9:30 in Department 40, or other department as the case is assigned. Party/Counsel shall submit with the request for setting a proposed judgment and notice of judgment prepared for signature and filing at the time of the hearing. If a party is receiving public assistance, a waiver of spousal support should not be permitted. Unless special circumstances exist, if the children of the parties are receiving public assistance, child support should be paid through and enforced by the Department of Child Support Services. (Effective 7/1/08, amended 1/1/13, 1/1/15, 7/1/19, 7/1/25)

5.1.21 [Deleted 1/1/13]

5.1.22 Family Law and Motion Matters. All family law and motion matters shall be set in the designated civil law and motion department at 8:30 a.m. on Monday through Friday of each week, subject to the directives of the Department Judge or the Presiding Judge. (Effective 7/1/08, amended 1/1/13, 1/1/15)

5.1.23 Child and Spousal Support. The Court complies with Family Code § 4055 in

78

Superior Court of California County of Madera Local Rules of Court

setting child support. The Court uses Xspouse software as a basis for determining temporary spousal support. Each party and/or the party’s attorney shall provide to the Court at the time of hearing his or her calculations as to the amount of support to be paid. (Effective 7/1/08, amended 7/1/25)

5.1.24 Computer Printouts as Basis for Support Calculation. Counsel or self- represented party may submit printouts from Xspouse or other computer software which have been approved pursuant to Family Code § 3830 as the basis for their calculation of child or spousal support without submitting expert testimony or evidence as to the accuracy of such a program. (Effective 7/1/08, amended 1/1/13, 7/1/25)

5.1.25 Charges for Child Custody Evaluation and Investigation. The Court determines that child custody evaluation is “visitation work,” for which the costs may be charged under Family Code § 3112. (Effective 7/1/08, amended 1/1/13)

5.1.26 Family Court Services Child Custody Recommending Counseling/Mediation Policies and Charges.

(a) Parties shall be referred to Family Court Services by the Court. Upon

referral to Family Court Services, it is the parties’ responsibility to contact Family Court Services to initiate the intake process. Unless otherwise ordered by the Court, appointments for Child Custody Recommending Counseling/Mediation will not be scheduled unless both the petitioner and the respondent contact Family Court Services and complete the intake process. If either party does not contact Family Court Services at least ten (10) Court days prior to the scheduled hearing to review the Family Court Services report, a memorandum to the Court will be issued. If a party contacts Family Court Services after the time that the memorandum is issued, they will be asked to return upon re-referral by the Court. The Court shall re-refer the matter back to Family Court Services if appropriate. In cases where one party has failed to attend their scheduled appointment on two (2) occasions, the party who has attended shall be interviewed by a Child Custody Recommending Counselor/Mediator and a memorandum without a recommendation shall be provided to the Court for review.

(b) There shall be no charge for the Child Custody Recommending

Counseling/Mediation orientation or the initial Child Custody Recommending Counseling/Mediation appointment. Family Court Services may charge fee of $200.00 to a party who fails to attend entirely or who fails to make themselves available within a 15-minute grace period for a scheduled Child Custody Recommending Counseling/Mediation session without notifying the Family Court Services office personnel no less than 48 hours in advance. For each subsequent Child Custody Recommending Counseling/Mediation, the Family Court Services

79

Superior Court of California County of Madera Local Rules of Court

division of the Court shall collect a charge of $100.00 per parent. This charge may increase from time to time by Policy Memorandum. For each child interview conducted by Family Court Services there shall be a $100.00 fee collected from each parent prior to the interview. Parties shall pay all fees at the time of their appointment with Family Court Services, unless they have a valid fee waiver on file. Nonpayment of fees may result in appointment cancellation.

(c) Family Court Services child custody recommending

counseling/mediation services are ordered by the Court. A scheduled mediation appointment shall only be cancelled in the event that the Court orders the matter off calendar or otherwise vacates the referral to Family Court Services, one or both parties do not attend (in which cases fees noted in section (b) shall apply), or if both parties stipulate to the appointment cancellation AND the parties have filed their stipulation prior to the date of the appointment with Family Court Services.

(Effective 7/1/08, amended 1/1/13, 1/1/17, 7/1/18, 1/1/20, 7/1/23, 1/1/25)

5.1.27 Investigation Charge. (a) For each matter referred by the Court for a child custody investigation or evaluation, Family Court Services shall collect a charge of $600.00 per parent. These charges may be increased, or otherwise changed, from time to time by Policy Memorandum. Upon referral to Family Court Services, it is the parties’ responsibility to contact Family Court Services to initiate the intake process. (b) For each matter referred by the Court for a Limited Scope child custody investigation or evaluation or an Expanded Mediation, Family Court Services shall collect a charge of $200.00 per parent. These charges may be increased, or otherwise changed, from time to time by Policy Memorandum. Upon referral to Family Court Services, it is the parties’ responsibility to contact Family Court Services to initiate the intake process. (Effective 7/1/08, amended 7/1/14, 1/1/17, amended and renumbered 7/1/21)

5.1.28 Ability to Pay. If a party believes that he or she does not have the ability to pay the cost of the Child Custody investigation, the party seeking relief shall file a written request for relief (on a form specified by the Court) from the charge and a complete and current Judicial Council Income and Expense Declaration Form with the Clerk setting forth, assets, all income and expenses, including copies of pay stubs for the previous month or a statement by the applicant’s employer of wages earned in the last 30 days. The request and Income and Expense Declaration shall be filed not less than twenty (20) days before either the scheduled Child Custody Evaluation or the first interview on the investigation or evaluation. The Court shall review the application, and grant or deny the application within five (5) Court days

80

Superior Court of California County of Madera Local Rules of Court

of the filing of the request. Failure to file a complete Income and Expense Declaration shall be sufficient grounds for denial of the application. The Court may grant the application as to part of the charge, or all of the charge. (Effective 7/1/08, amended 1/1/13)

5.1.29 Waivers of Court Charges and Costs. Parties who have filed an Application for Waiver of Court Fees and Costs who seek to have the charge imposed for any Family Court Services Fees waived, must submit a supplemental application under California Rules of Court 3.52. Fee waivers must be approved before the first appointment with Family Court Services. Therefore, a fee waiver should be applied for at least two weeks prior to your first appointment. Applicants for waiver of charges will be considered, on the same basis as waiver of filing fees. If no fee waiver has been approved, payment is due prior to the first appointment. (Effective 7/1/08, amended 1/1/13, 7/1/13, 1/1/17, 7/1/18)

5.1.30 Stipulation for Private Evaluation or Dispute Resolution. Upon the stipulation of the parties, and upon the Court’s finding that such an appointment is in the best interests of the minor child or children, the Court may appoint an arbitrator, appraiser, custody investigator, psychologist, psychiatrist, social worker, Child Custody Evaluator or family counselor to assist the Court in resolving custody, visitation or property disputes between the parties. The parties stipulating to such an appointment shall be entirely responsible for compensation of such an appointed person. The Court may apportion the payment of costs of such an individual between the parties. With respect to all custody and visitation matters, the Court shall reserve jurisdiction to enter orders enforcing or modifying any resolutions reached through private evaluation. (Effective 7/1/08, amended 1/1/13)

5.1.31 Disqualification of Child Custody Evaluator or Mental Health Professional. Court employees or individuals (including mental health professionals) appointed by the Court to conduct Child Custody Evaluations pursuant to Family Code § 3170, to conduct investigations pursuant to Family Code §§ 3110 et seq., or appointed pursuant to Evidence Code § 730, shall not be subject to a peremptory disqualification by any party to the proceeding. Any objection to a Child Custody Evaluation or investigation by a specific individual shall be made by noticed motion to the Court, except that any objections within Family Court Services should be made, in the first instance, to the director of Family Court Services. Further, objections to the Child Custody Evaluation or investigation by a specific individual may be made on ex parte notice upon an appropriate showing of need. (Effective 7/1/08, amended 1/1/13)

5.1.32 Contact between Court Child Custody Recommending Counselor (CCRC) and Minor Children.

81

Superior Court of California County of Madera Local Rules of Court

In conducting an interview with minor children pursuant to a court investigation under Family Code § 3110 or pursuant to court order under Evidence Code § 730, the recommending counselor, Court Investigator or other mental health professional shall be governed by the following guidelines:

(a) The professional should inform the minor that his or her parents may

read the report;

(b) The professional who sees the child with one parent should see the

child with the other parent unless there are serious and substantiated allegations of abuse or criminal conduct between the parent and the child, and the investigator, mediator, or other mental health professional determines that such an interview would not be in the child’s best interests;

(c) Interviews with siblings may be together or separate in the discretion

of the investigator, recommending counselor, or other mental health professional conducting the investigation or evaluation;

(d) Child Custody Evaluations should be based whenever possible on

interviews with both parents. In circumstances where one (1) parent is unavailable for interview, the recommending counselor, court investigator or other mental health investigator may conduct an interview with one parent alone, and may make a recommendation based on all of the information available to the counselor, investigator or other professional;

(e) Interviews with children for mediation cases shall be conducted per

the Order of the Court or at the discretion of the Child Custody Recommending Counselor;

(f) For each child interview conducted by Family Court Services for

Child Custody Recommendation Counseling/Mediation there shall be a $100.00 fee collected from each parent prior to the interview. Please refer to section 5.1.26 for additional information regarding the payment of fees.

(Effective 7/1/08, amended 1/1/13, 1/1/17, 7/1/18)

5.1.33 Custody Recommendations by Family Court Services to Court. Madera County is a “recommending county.” In all Child Custody Recommending Counseling/Mediations, whether by privately retained recommending counselor/mediator or through Family Court Services, the Child Custody Recommending Counselor (“CCRC”) shall submit a report and recommendation to the Court. The recommendation shall contain any agreement between the parties,

82

Superior Court of California County of Madera Local Rules of Court

together with the recommendation of the Child Custody Recommending Counselor on any custody or visitation issues between the parties upon which the parties have not agreed. This report is deemed confidential and shall be secured in the Court case management system with confidential and restricted status. Copies of this report shall be provided to parties (or their counsel where parties are represented by counsel). The report shall be filed and shall be considered by the Court as evidence without further stipulation of the parties. A Child Custody Recommending Counselor may not make a recommendation without input from both parties or consultation with another qualified neutral professional, per California Rule of Court, Rule 5.210, subdivision (h)(4). (Effective 7/1/08, amended 1/1/13, 1/1/17, 7/1/23, 1/1/24)

5.1.34 Examination of the Child Custody Recommending Counselor. In the event that any party shall desire to examine the Child Custody Recommending Counselor concerning any report prepared by the Child Custody Recommending Counselor, said party shall subpoena the Child Custody Recommending Counselor as required by Government Code § 68097.2(b). The subpoena and the required deposit under Government Code § 68097.2(b) of $275.00 shall be delivered to the office of Family Court Services not less than ten (10) court days before the date of attendance. For any subsequent hearings, unless the proceeding is continued on the Courts own motion pursuant to Government Code § 68097.2(e) or further service is waived by the court, the subpoena must be delivered to Family Court Services ten (10) court days before the hearing date to which the proceeding is continued. If the party or their counsel who previously served the subpoena for the testimony of Child Custody Recommending Counselor requests a continuance of the proceeding, they shall confirm the availability of the Child Custody Recommending Counselor by contacting the office of Family Court Services prior to selecting a new hearing date. If expenses exceed the $275.00 deposit, Family Court Services will add the fees to the case of the depositing party for the additional funds at the current CCRC hourly rate of $55.00 per hour. All subpoena trust deposit fees shall be paid at the Civil Division window. (Effective 7/1/08, amended 1/1/10, part (b) deleted 1/1/13, amended 1/1/15, 1/1/17, 7/1/20, 7/1/23, 1/1/24, 1/1/26)

5.1.35 Obtaining Copies of Family Court Services Reports. Family Court Services will provide a courtesy copy of the Report and Recommendation to parties, or their counsel related to the current filing before the Court in the event that the party or their counsel does not receive the report through email, fax, or mail. All Family Court Services reports related to previous or adjudicated filings shall be obtained through the Civil Division and charges for copies may apply.

(Effective 7/1/08, amended 7/1/23)

5.1.36 Confidential Declaration Sheet. Upon filing a petition in a family law case,

83

Superior Court of California County of Madera Local Rules of Court

the filing party shall submit a MAD-CIV-010 “Confidential Declaration” form. When filing a response in a family law case, submission of this form is optional but strongly encouraged. This form helps the Court identify the parties and determine if an interpreter is needed. It will be placed in a confidential section of the Court’s electronic case file and is not accessible to other parties without a court order. The form is available on the Court’s website under “Forms” and at the Civil window. (Effective 1/1/13, amended 1/1/26)

5.1.37 Family-Centered Case Resolution

(a) All dissolution, legal separation, nullity and parentage cases filed on

or after January 1, 2013 shall be set for a status conference no later than 120 days from the date of filing of the Petition. Additional status conferences will be set every 180 days or less, as determined by the court, until the case reaches final disposition. If, after 18 months, both parties have failed to participate in the case resolution process as determined by the court, no further hearings will be set except at the discretion of the court or pursuant to local rule 5.1.9 until such time as the case qualifies for dismissal pursuant to Code of Civil Procedure §§ 583.210 or 583.310.

(b) The goal of the Family Centered Case Resolution process is to

finalize dispositions as set forth in CRC rule 5.83.

(c) Cases involving self-represented litigants shall be referred to the

Family Law Facilitator to assist in complying with the case resolution process. Written material as required by California Rule of Court rule 5.83(g) shall be provided by the Clerk upon filing of first papers in dissolution, legal separation, nullity, or parentage actions.

(d) Results of failure to comply with Family Centered Case Resolution

Rules

All family law cases will be reviewed for compliance with these rules, and

orders to show cause may be issued for failure to comply. Failure of a party or parties to comply with these rules, including failing to appear at a mandatory Court event or failing to file required forms, may result in one or more of the following on the request of the other party or on the Court's own motion:

(1) Dismissal of the case.

(2) An award of attorneys fees and costs against the
noncomplying party, the party's attorney, or both.

84

Superior Court of California County of Madera Local Rules of Court

(3) An order based solely upon the pleadings properly before the
court.

(4) Such other orders as the Court deems appropriate.

(e) Reinstatement of dismissed cases

A party to a case dismissed under these rules for failure to appear at a

required Court event or failure to file required Court documents may apply within six (6) months to have their case reinstated under Code of Civil Procedure § 473(b). The Court may reinstate the case upon such terms and conditions as the Court deems just.

(Effective 1/1/13, section (a) amended 7/1/13)

5.1.38 Mandatory “Notice of Family Law Case Status Conference” Form. The Court is adopting a “Notice of Family Law Case Status Conference” Form (MAD-CIV- 003) for all dissolution, legal separation, nullity and parentage cases filed on or after July 1, 2013. This form will be generated and completed by the Court. The Court will provide a hearing date on the Form, pursuant to Rule 5.1.37(a), and return the Form to the Petitioner. The Form is to be served on the Respondent along with the Petition, and a proof of service shall be returned to the Court upon completion of service. (Effective 7/1/13, amended 1/1/26)

5.1.39 Sanctions. If a party has an appointment with Family Court Services, and does not need the appointment, the party must cancel it at least 48 hours prior to the appointment time. Please call 559-416-5560 for cancellations. If the party does not cancel the appointment, and/or fails to appear for the appointment, the party may be ordered by the Court to pay a monetary sanction of up to $1,500.00 pursuant to Code of Civil Procedure, section 177.5. (Effective 1/1/17)

5.1.40 Family Law Criminal Contempt Actions. Any party electing to proceed on a criminal contempt in a Family Law Case not arising from child support or domestic violence, must list each violation with a number indicating the count, specify which order was violated, how the order was violated and when the order was violated. (Effective 7/1/19)

5.1.41 Appointment of Counsel for Children (Minor’s Counsel). Attorneys who would like to be considered for appointment as Minor’s Counsel in a Family Law case must contact the Court Administration for further instructions.

(a) Minor’s Counsel must meet all qualifications set forth in California

85

Superior Court of California County of Madera Local Rules of Court

Rule of Court 5.242.

(b) Attorneys appointed as Minor’s Counsel must file Judicial Council

form FL-322 (or its equivalent) no later than 10 days after appointment and before beginning work on the case.

(c) After the initial appointment, Minor’s Counsel appointed must file

Judicial Council form FL-322 (or its equivalent) annually in each case during the time they are appointed to indicate they have completed the required updates.

(Effective 1/1/21)

5.1.42 Complaints regarding Minor’s Counsel. Complaints or questions regarding Minor’s Counsel representation shall be addressed as follows:

(a) Complaints or questions shall initially be referred to any agency or

law firm appointed to represent the client.

(b) If the issue remains unresolved, or if there is no designated agency

or law firm, the complaint may be submitted to the Court in writing. The Court may conduct its own review of the complaint or question and take appropriate action if required.

(Effective 1/1/21)

5.1.43 Professional Visitation Providers. In compliance with all mandatory requirements for professional providers of supervised visitation under Family Code section 3200.5 and standard 5.20 of the Standards of Judicial Administration,

professional providers shall complete the Judicial Council form FL324(P) Declaration of Supervised Visitation Provider (Professional). The procedure for completion and submission of the declarations are as follows:

(a) Agencies which provide professional visitation supervision shall submit an FL324(P) to Family Court Services each time a new provider/employee begins offering services through their agency. Family Court Services may contact Professional Visitation Providers or Agencies providing Professional Visitation services to affirm the qualifications of their staff on an annual basis.

(b) An update of this form shall be submitted with any report regarding

86

Superior Court of California County of Madera Local Rules of Court

supervised visitation provided to the Court, and section 2b. shall be selected as the type of submission. All reports regarding professional supervised visitation shall be filed with the Civil Division and shall be provided to all parties and their attorneys as well as any attorney representing the child(ren).

(Effective 7/1/22, amended 7/1/23)

Chapter 2 Juvenile Dependency Cases -Appointment of Counsel

5.2.1 Timeliness. Attorneys for parties are required to adhere to the statutory timelines for all hearings. Time waivers will be accepted and continuances granted only on a showing of exceptional circumstances. Timelines for hearings are as follows:

(a) Detention Hearings. Detention hearings shall be heard no later than

the end of the next court day after a petition has been filed (Welfare & Inst. Code § 315; CRC 5.667);

(b) Contested Jurisdiction Hearing. If the child is not detained, the

hearing on the petition shall begin within 30 calendar days from the date the petition was filed. If the child is detained, the hearing on the petition shall begin within 15 court days from the date of the detention order (Welfare & Inst. Code § 334; CRC 5.680);

(c) Disposition Hearing. If the child is detained, the hearing on

disposition must begin within 10 court days from the date the petition was sustained. If the child is not detained, the disposition hearing shall begin no later than 30 calendar days after jurisdiction is found (Welfare & Inst. Code § 358; CRC 5.686);

(d) Six (6) Month Review Hearing. The Court is required to review the

status of every dependent child within six (6) months of the declaration of dependency and at least every six (6) months thereafter (Welfare & Inst. Code §§ 364, 366, 366.21; CRC 5.710);

(f) Twelve (12) Month Review. The Court is required to review the status

of every child who has been removed from the custody of a parent or guardian within twelve (12) months of the declaration of dependency (Welfare & Inst. Code § 366.21; CRC 5.715);

(g) Eighteen (18) Month Review. If the child is not returned at the twelve

87

Superior Court of California County of Madera Local Rules of Court

(12) month review, the Court shall conduct a review no later than eighteen (18) months from the date of the original detention (Welfare & Inst. Code §§ 366.21, 366.22, 355; CRC 5.720);

(h) Notice of Intent to File Writ Petition. A notice of intent to file a petition

for extraordinary writ shall be filed within seven (7) days of the date of the order setting a hearing under Welfare & Inst. Code § 366.26, with an extension of five (5) days if the party received notice of the order only by mail (CRC 8.450);

(i) Petition for Writ. A petition seeking writ review of orders setting a

hearing under Welfare & Inst. Code § 366.26 shall be served and filed within ten (10) days after the filing of the record in the reviewing court (CRC 8.452);

(j) Response to Writ Petition. Any response to a writ petition shall be

served and filed within ten (10) days after the filing of the writ petition or within ten (10) days of receiving a request for a response from the reviewing court (CRC 8.452);

(k) Selection Hearing. A selection hearing for Permanent Plan shall

begin within 120 days of the review at which reunification services are terminated and a hearing under Welfare & Inst. Code § 366.26 ordered (Welfare & Inst. Code §§ 366.31, 366.22; CRC 5.710, 5.715, 5.720);

(l) Notice of Appeal. Notice of Appeal shall be filed within 60 days after

the rendition of the judgment.

(Effective 7/1/08, sections (h),(i), and (j) amended 1/1/15)

5.2.2 Experience, Training, Education, Standards of Representation. Every party in a dependency hearing who is represented by an attorney shall be entitled to competent counsel as defined in California Rule of Court 5.660(d). The law firm designated by the Court for appointment as counsel in dependency proceedings shall be responsible for the following:

(a) The establishment of written procedures for screening applicants

seeking to represent parties, including but not limited to (1) instructions as to whom application shall be made, (2) the information required for application, and (3) the process for reviewing applications and interviewing applicants.

(b) The establishment of written requirements and procedures for

qualification of attorneys to be included in the list of those to be appointed to represent parties, including but not limited to those requirements described in CRC

88

Superior Court of California County of Madera Local Rules of Court

5.660(d). For example: (1) demonstrated familiarity with relevant statutes and rules of court; (2) knowledge of court procedures and forms, including restraining and custody orders, transfers out, Welfare & Inst. Code § 388 motions, placement, requirements, de facto parents, and participation by interested persons, including relatives and confidentiality.

(c) The establishment of written minimum standards of representation

including, but not limited to, those described in CRC 5.660(d)(4). For example: (1) requirements for frequency and extent of client contact, (2) duties to assist with resolution of the case, e.g., mediation, settlement, conferences, etc., (3) duties after disposition and on-going representation, and (4) filing of Notices of Appeal, Notices of Intent to File Writ Petition, and Writ Petitions.

(d) The establishment of minimum and maximum caseloads for

attorneys representing parties in dependency proceedings.

(e) Copies of the procedures and standards described in rule 5.2.2 shall

be lodged with the Court and made available to all juvenile and court judicial officers.

(Effective 7/1/08, amended 7/1/13, 1/1/15)

5.2.3 Appointment of Counsel for Parents or Guardians. In the absence of a known conflict of interest, the Court shall appoint the law firm of Ciummo and Associates to represent the mother and the law firm of Madera Alternate Defense to represent the father.

(a) If the parent or guardian is known and said parent or guardian lives

within Madera County, counsel shall automatically be appointed. Other parents or guardians may be appointed counsel at the Court’s discretion upon their request and showing of need for appointed counsel.

(b) Notification of the appointment shall be communicated as follows:

The Clerk shall send written copy of notice of appointment to the appointed attorney and the petitioner. Petitioner shall notify the parents of any appointment of counsel.

(c) Parents may be billed for the cost of counsel by the Revenue

Services Division of the County Auditor-Controller in accordance with that office’s procedure.

(d) The assigned law firm shall be responsible for assigning particular

89

Superior Court of California County of Madera Local Rules of Court

attorneys to each case.

(Effective 7/1/08)

5.2.4 Appointment of Counsel for Children. The Court shall appoint a wheel attorney from the conflict panel to represent those children the Court determines would benefit from the appointment of counsel.

(a) Counsel for all children shall automatically be appointed.

(b) Notification of the appointment shall be communicated as follows:

Notice of appointment shall be sent to the appointed attorney and to the petitioner.

(c) Procedures for billing a parent or guardian for the cost of the child’s

appointed counsel shall be established by the Revenue Services Division of the County Auditor-Controller.

(d) The law firm appointed shall be responsible for assigning particular

attorneys to each case.

(Effective 7/1/08)

5.2.5 Conflicts. In the event of a conflict, the Court shall appoint a wheel attorney. (Effective 7/1/08)

5.2.6 Client Complaints. Complaints or questions by a party regarding representation shall be addressed as follows:

(a) Complaints or questions shall initially be referred to any agency or

law firm appointed to represent the client.

(b) If the issue remains unresolved, or if there is no designated agency

or law firm, the party may submit the complaint to the Court in writing. The Court may conduct its own review of the complaint or question and take appropriate action if required.

(Effective 7/1/08)

5.2.7 Attorney for the Child. Counsel for the child in a dependency proceeding is charged with representation of the child’s interests, including causes of action and other interests to be advanced or protected by administrative or judicial

90

Superior Court of California County of Madera Local Rules of Court

proceeding.

(a) Absent exceptional circumstances, the attorney for the child shall

have personal contact with the child regardless of age, and shall interview any child four (4) years or older so the attorney may effectively represent to the Court how the child’s wishes and interests may best be addressed.

(b) The attorney for the child shall investigate any interests of the child

beyond the scope of the dependency proceeding and shall immediately advise the juvenile Court of information regarding any interest or right of the child to be protected or pursued in other judicial or administrative forums.

(c) Upon receipt of the request by counsel for instructions from the

Court, the Court shall do one or more of the following:

A. Refer the matter to the appropriate agency for further
investigation, and require a report to the Court and counsel within a
reasonable time;

B. Authorize and direct the child’s attorney to initiate and pursue
appropriate action;

C. Appoint a guardian ad litem for the child if one is required to
initiate and pursue appropriate action;

D. Take any other action to protect the interests and rights of
child.

(Effective 7/1/08)

5.2.8 Information Received by Court Concerning the Child. If the Court receives information regarding an interest or right of the child from a person other than the attorney for the child, the Court may inform the attorney of record for the child of the information and ask the attorney to further investigate the matter. (Effective 7/1/08)

Chapter 3 Court Appointed Special Advocates (CASA).

5.3.1 The Child Advocate Program. The Superior Court may appoint child advocates to represent the interests of dependent children. In order to qualify for appointment, the child advocate must be trained by and function under the auspices of a Court Appointed Special Advocate Program (CASA), formed and

91

Superior Court of California County of Madera Local Rules of Court

operating under the guidelines set forth in California Rules of Court, Rule 5.655 and Welfare & Institutions Code § 356.5.

The CASA program shall report regularly to the Presiding Judge of the Juvenile Court with evidence that it is operating under the guidelines established by the National Court Appointed Special Advocate Association and the California State Guidelines for Child Advocates. (Effective 7/1/08)

5.3.2 Child Advocates.

(a) Advocate’s Functions. Advocates serve at the pleasure of the Court

having jurisdiction over the proceeding in which the advocate has been appointed. In general, an advocate’s functions are as follows:

(1) To support the child throughout the court proceedings;

(2) To establish a relationship with the child to better understand his
or her particular needs and desires;

(3) To communicate the child’s needs and desires to the Court in
written reports and recommendations;

(4) To identify and explore potential resources which will facilitate
early family reunification or alternative permanency planning;

(5) To provide continuous attention to the child’s situation to ensure
that the Court’s plans for the child are being implemented;

(6) To the fullest extent possible, to communicate and coordinate
efforts with the case manager/social worker;

(7) To the fullest extent possible, to communicate and coordinate
efforts with the child’s attorneys; and

(8) To investigate the interests of the child in other judicial or
administrative proceedings outside Juvenile Court; report to the Juvenile
Court concerning same; and, with the approval of the Court, offer his or her
services on behalf of the child to such other courts or tribunals.

(b) Sworn Officer of the Court. An advocate is an officer of the Court

and is bound by these rules. Each advocate shall be sworn in by a Superior Court

92

Superior Court of California County of Madera Local Rules of Court

Judge before beginning his or her duties, and shall subscribe the written oath describing the duties and responsibilities of the advocate.

(c) Specific Duties. The Court shall, in its initial order of appointment,

and thereafter in any subsequent order, specifically delineate the advocate’s duties in each case, which may include independent investigation of the circumstances of the case, interviewing and observing the child and other appropriate individuals, reviewing appropriate records and reports, consideration of visitation rights for the child’s grandparents and other relatives, and reporting back directly to the Court as indicated. If no specific duties are outlined by court order, the advocate shall discharge his or her obligation to the child and the Court in accordance with the general duties set forth in subsection (a) above.

(Effective 7/1/08)

5.3.3 Release of Information to Advocate.

(a) Court Authorization. To accomplish the appointment of an advocate,

the Judge making the appointment shall sign an order granting the advocate the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer appointed to investigate proceedings on behalf of the Court.

(b) Access to Records. An advocate shall have the same legal right to

records relating to the child he or she is appointed to represent as any case manager/social worker with regard to records pertaining to the child held by an agency, school, organization, division or department of the State, physician, surgeon, nurse, other health care provider, psychologist, psychiatrist, mental health provider or law enforcement agency. The advocate shall present his or her identification as a Court-appointed advocate to any such record holder in support of his or her request for access to specific records. No consent from the parent or guardian is necessary for the advocate to have access to any records relating to the child.

(c) Report of Child Abuse. An advocate is a mandated child abuse

reporter with respect to the case to which the advocate is appointed.

(d) Communication with Others. There shall be ongoing, regular

communication concerning the child’s best interests, current status, and significant case developments, maintained among the advocate, Department of Social Services (DSS), case manager, child’s attorney, attorneys for parents, relatives, foster parents and any therapist for the child.

93

Superior Court of California County of Madera Local Rules of Court

(Effective 7/1/08)

5.3.4 Advocate’s Right to Timely Notice. In any motion concerning the child for whom the advocate has been appointed, the moving party shall provide the advocate timely notice. (Effective 7/1/08)

5.3.5 Calendar Priority for Advocates. In light of the fact that advocates are rendering a voluntary service to children and the Court, matters on which they appear should be granted priority on the Court’s calendar, whenever possible. (Effective 7/1/08)

5.3.6 Advocate’s Visitation Throughout Dependency. An advocate shall visit the child regularly until the child is secure in a permanent placement. Thereafter, the advocate shall monitor the case as appropriate until dependency is dismissed or the advocate is relieved from appointment. (Effective 7/1/08)

5.3.7 Family Law Advocacy. Should the Juvenile Court dismiss dependency and create a family law order pursuant to Welfare & Institutions Code § 362.4, the advocate’s appointment may be continued in the family law proceeding, in which case the Juvenile Court order shall set forth the nature, extent and duration of the advocate’s duties in the family law proceeding. (Effective 7/1/08)

5.3.8 Advocate’s Right to Appear. An advocate shall have the right to be present and be heard at all court hearings, and shall not be subject to exclusion by virtue of the fact that the advocate may be called to testify at some point in the proceedings. The Court, in its discretion, shall have the authority to grant the advocate amicus curiae status, which includes the right to appear with counsel. (Effective 7/1/08)

5.3.9 Appearance by Consular Representative. In cases where a parent or minor is a citizen of a foreign nation, the Consul and/or an attorney or representative of the Consul of that nation shall have the right to appear and participate in the Court proceedings to the extent such is provided for by international agreement to which the United States is a signatory. (Effective 7/1/08)

DIVISION 6 ELECTRONIC FILING

Chapter 1 Electronic Filings Generally

6.1.1 Electronic Filing. E-filing requirements shall be governed in accordance with Code of Civil Procedure §1010.6 and California Rules of Court, rules 2.250 et seq.

94

Superior Court of California County of Madera Local Rules of Court

and any policies or orders adopted by the Court and posted on the court website. (Effective 1/1/22)

6.1.2 Effective Date. Should the Court implement electronic filing, these rules will be in effect immediately upon implementation of an e-filing platform or any justice partner interfaces as specified in rules 6.1.6 and 6.1.7. (Effective 1/1/22)

6.1.3 Fax Filings (Facsimile Transfer to Court). The Court may receive a facsimile transmission and may store such transmission as an electronic document. For purposes of these rules, however, such a document shall not be considered an electronically filed document, but rather shall be governed by the rules of court concerning Fax Filings. (Effective 1/1/22)

6.1.4 Format of Electronically Filed Documents. All documents electronically filed with the Court shall be in a text searchable Portable Document Format (PDF), i.e. containing Optical Character Recognition (OCR) technology, and must adhere to the requirements for general format as required in California Rules of Court, rules 2.256 and 3.1110, including those related to electronic exhibits and bookmarks. (Effective 1/1/22)

6.1.5 Hyperlinks. If a party or attorney elects to include hyperlinks in a filing, the hyperlink shall be active and should be formatted to standard citation format as provided in California Rules of Court, rule 1.200. (Effective 1/1/22)

6.1.6 Eligible Case Types – Electronic Filing Service Providers. Documents and filings can be submitted electronically from various electronic filing service providers (EFSPs) as noted on the Court’s website in the following case types: Civil (limited and unlimited); Small Claims; Family Law; Probate. Should the Court implement electronic filing, this rule will be in effect immediately upon implementation of an e-filing platform. (Effective 1/1/22, amended 1/1/24)

6.1.7 Eligible Case Types – E-Delivery and Interface. Documents and filings can be submitted through electronic delivery, including electronic mail and/or interface with the Court’s case management system (CMS) in the following case types: Infractions filed in the Traffic Division; Misdemeanors and Felonies filed in the Criminal and Traffic Divisions; Juvenile Delinquency matters filed in the Juvenile Division; Child Support matters filed in the Juvenile Division.

The Court intends to allow for electronic filing through direct interface (Interface) with the following justice partner agencies: Madera County District Attorney: Filing of initial and subsequent charging

95

Superior Court of California County of Madera Local Rules of Court

documents to include complaints, amended complaints, informations, and amended informations. Filing of subsequent documents including, but not limited to, motions, oppositions, petitions, and proposed orders (‘District Attorney Interface’); Madera County Probation Department: Filing of all probation related documents/filings (‘Probation Interface’); Madera County Sheriff’s Department: Filing of all executed arrest warrants, bench warrants, and body attachments (‘Warrant Interface’); Madera County Sheriff’s Department, Jail Division: Filing of all booking sheets (‘Jail Interface’); Madera Police Department: Filing of all direct filed citations (‘Electronic Citation Interface’) California Highway Patrol: Filing of all direct filed citations (‘CHP Interface’); California Department of Child Support Services: Filing of all documents related to Title IV-D Child Support matters (‘DCSS Interface’).

For most documents not included in justice partner agency interfaces, the Court will allow for electronic filing through electronic delivery, or E-Delivery (including e- mail), by other Court users. Please see ‘Exclusions and Exceptions’ below. This rule will become effective as follows:

For all filings in the Traffic Division, immediately upon the implementation of either the CHP Interface, District Attorney Interface, or Electronic Citation Interface, whichever is implemented first. For all filings in the Criminal Division, immediately upon the implementation of either the District Attorney Interface, Jail Interface, Probation Interface, or Warrant Interface, whichever is implemented first. For all filings in the Juvenile Division, immediately upon the implementation of either the DCSS Interface or District Attorney Interface, whichever is implemented first. (Effective 1/1/22, amended 1/1/24)

6.1.8. Electronically Filed Proposed Orders. In compliance with California Rules of Court rule 3.1312(c), if a proposed order is submitted to the court electronically in a case in which the parties are electronically filing documents pursuant to California Rules of Court rule 2.250-2.261, an editable word-processing version of the proposed order must also be sent, by e-mail, to the court at Proposed.Orders@madera.courts.ca.gov. (Effective 7/1/25)

Chapter 2 Exclusions and Exceptions

6.2.1 Exceptions to E-filing. Certain documents/filings are not eligible for submission through electronic filing and must be filed through conventional methods. A notice that identifies the existence, content, and physical filing of the document/filing must be electronically filed by the Court user as specified or instructed. These documents/filings include:

96

Superior Court of California County of Madera Local Rules of Court

Affidavits re Real Property of Small Value; Any and all documents deemed sealed by the California Rules of Court or statute; Any and all documents requested or intended to be sealed by the Court; Any appeal-related documents, including, but not limited to, Labor Commissioner Appeals; Any order for Deposit into Trust Bearing Account; Any order with an original judicial officer’s signature; Bonds/Undertaking documents; Claims of Right to Possession; Copy or Certified Copy Requests, including a certificate of no appeal; Documents and other materials that are not feasibly converted to electronic form by scanning, imaging, or other means; Exhibits to be lodged for Hearings or Trials; Family Law Request for Entry of Default, Notice of Entry of Judgment, and Child Support Case Registry Forms; Orders of Examination; Original Contracts/Instruments; Original Wills/Codicils; Out-of-State Commission; Out-of-State Judgments or Orders to be Registered; Subpoenaed documents; Subpoenas for Out of State Actions; Any paper document ordered by the Court to be filed through conventional methods in the clerk’s office. (Effective 1/1/22, amended 1/1/25)

6.2.2 Administrative Records in CEQA Petition Cases. For CEQA petition cases the format of the administrative record must comply with California Rules of Court, rules 3.2200 through 3.2208. The party lodging the administrative record must submit one (1) copy of the administrative record, contained on a CD-ROM, DVD, or other electronic format, in a manner that cannot be altered, and one (1) copy of the administrative record in paper format. All copies of the administrative record should be submitted through conventional nonelectronic means. The party lodging the administrative record shall file electronically and serve a notice of such filing for the administrative record. (Effective 1/1/22)

6.2.3 Administrative Mandamus Matters. If a record in an administrative mandamus matter exceeds 100 pages in length, the party lodging the administrative record must submit one (1) copy of the administrative record, contained on a CD-ROM, DVD, or other electronic format, in a manner that cannot be altered. The copies of the administrative record should be submitted through conventional nonelectronic means. The party lodging the administrative record shall file electronically and serve a notice of such filing for the administrative record. (Effective 1/1/22)

Chapter 3 Electronic Filings for Domestic Violence Restraining Orders,

97

Superior Court of California County of Madera Local Rules of Court

Domestic Violence Temporary Restraining Orders and Gun Violence Restraining Orders

6.3.1 Electronic Filings for Domestic Violence Restraining Orders (DVRO), Domestic Violence Temporary Restraining Orders (DVTRO), and Gun Violence Restraining Orders (GVRO). Petitions for restraining orders referenced in this Chapter can be electronically filed through the court’s e-filing platform. (Effective 7/1/23)

6.3.2 Timeframe to Electronically File DVRO, DVTRO and GVRO. The ability to electronically file these orders shall be available twenty-four hours per day. The electronic filing shall be acted upon/processed consistent with the timeframes outlined in applicable law and at the same timing intervals as if the filing were submitted to the court in person. (Effective 7/1/23)

6.3.3 Filing Fees. There shall be no filing fees for petitions or protective order actions submitted pursuant to this Chapter. (Effective 7/1/23)

6.3.4 Electronic Filing Instructions. The court shall prominently post on the homepage of its website instructions on how to electronically file for orders outlined in this Chapter. (Effective 7/1/23)

6.3.5 Court Telephone Number. The court shall prominently post on the homepage of its website a dedicated telephone number to the Civil Division for the public to call during business hours for electronic filing instructions or questions related to DVRO, DVTRO and GVRO. The Court shall respond to telephone inquiries within one business day. (Effective 7/1/23)

DIVISION 7 PROBATE, ADOPTION AND RELATED MATTERS

Chapter 1 Probate Filings and Orders.

7.1.1 Additional Notice Requirements. A copy of the petition shall be served with each notice of hearing when served on a person requesting special notice or where the petition is the accounting of a testamentary trustee. Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §§ 10800 et seq., the notice of hearing and a copy of the petition shall be served on all interested parties. The proof of service shall show service of the copy of the petition as well as the notice of hearing. (Effective 7/1/08)

7.1.2 Notice by Clerk. The moving party shall prepare and submit to the Clerk as many copies of notices to be posted, published or mailed by the Clerk as the Clerk

98

Superior Court of California County of Madera Local Rules of Court

is required to post, publish or mail. Where the notice is to be mailed the moving party shall furnish to the Clerk envelopes addressed to those required to receive notice, with postage prepaid, and with the Clerk’s address as the return address. (Effective 7/1/08)

7.1.3 Notice Required for Special or Temporary Letters. The party seeking special letters of administration, or temporary letters of guardianship or conservatorship shall give notice of the application to the surviving spouse, proposed ward or proposed conservatee, other persons who might be expected to seek letters and any other person who appears to be equitably entitled to notice. Unless otherwise ordered, the notice given shall be the notice required under the applicable provisions of the Probate Code. When a petition for special or temporary letters has been filed, there must appear in the petition for special or temporary letters a showing of good cause why a petition for permanent letters has not also been filed. (Effective 7/1/08, amended 1/1/13)

7.1.4 Heirs without Known Addresses. Where notice is mailed to an heir, devisee, or legatee at the County seat, an affidavit or declaration shall be filed with the proof of mailing showing due diligence made to locate that person. (Effective 7/1/08)

7.1.5 Copies of Handwritten Wills and Codicils; Translation of Foreign Wills. A typewritten copy of the will or codicil shall accompany the petition for probate if the document is handwritten. If the document is in a foreign language, it shall be accompanied by a translation, signed by the translator, together with an affidavit or declaration under penalty of perjury showing the qualifications of the translator. (Effective 7/1/08)

7.1.6 Wording of Probate Orders. Probate orders shall be worded so that their general effect may be determined without reference to the petition on which they are based. (Effective 7/1/08)

7.1.7 Time for Submitting Papers and Orders. Except for petitions for temporary guardianship orders (as noted in Local Rule 7.1.10), all papers relating to a probate hearing, including the proposed order prepared by the moving party, shall be filed or lodged with the Clerk at least four (4) court days before the date of hearing. (Effective 7/1/08, amended 1/1/24, 7/1/25)

7.1.8 Uncontested Matters.

(a) Appearance of Counsel. Except as otherwise provided by law, all

verified petitions in probate matters shall be deemed submitted without an appearance, except that the attorney, if represented, shall appear on a petition for confirmation of sale of (1) real property or (2) personal property valued in excess of

99

Superior Court of California County of Madera Local Rules of Court

$100. The petitioner and the petitioner’s attorney shall appear on all petitions for appointment of a guardian or conservator. As used in this rule, “verified” means verified by the petitioner. Before denying any petition where there is no appearance under this rule, the Court will continue the matter one (1) week or until the next succeeding calendar day, whichever is later, to give the petitioner or petitioner’s attorney an opportunity to appear. If there is no appearance or other response by the petitioner or petitioner’s attorney at the continued hearing, the Court may drop the matter from the calendar.

(b) Proposed Order in Matters Submitted Without an Appearance. In

matters submitted without an appearance by a party or the party’s attorney pursuant to Rule 7.1.8(a), an original and one (1) copy of a proposed order bearing the date of submission shall be delivered to the Clerk for presentation, together with the case file, to the Judge at least two (2) court days before the hearing.

Comment: It is the responsibility of the attorney to determine whether the matter has been approved or continued.

(Effective 7/1/08, amended 1/1/13)

7.1.9 Orders for Family Allowance. The duration of an order for family allowance is limited to six (6) months if no inventory and appraisement has been filed and to one (1) year if an inventory and appraisement has been filed.

Comment: The Court discourages requests for retroactive (nunc pro tunc) payment of family allowance. Requests for a family allowance should be made in a timely fashion.

(Effective 7/1/08)

7.1.10 Petitions for Appointment of Temporary Guardian. If the court finds good cause to dispense notice as required by probate code 2250(e), Petitions for Appointment of Temporary Guardian shall be presented to the Clerk’s office no later than 10:00 a.m. to be scheduled for hearing no sooner than the second court day after the filing of the petition. This will allow determination to be made as to whether a referral to the local child welfare agency pursuant to Probate Code 1513(b) is necessary. All petitions for appointment of temporary guardian in which notice is being given pursuant to probate code 2250(e) will be given a tentative hearing no sooner than 10 court days after the filing of the petition. The hearing will be scheduled when proof of service is filed. Proof of service shall be filed no later than 10:00 a.m. 2 days before the tentative hearing. Note that Local Rule 7.1.7 does not apply to the filing of petitions for temporary guardianship orders.

100

Superior Court of California County of Madera Local Rules of Court

(Formerly 3.1.8, Effective 7/1/24.)

Chapter 2 Fees and Commissions.

7.2.1 Fees and Commissions in General. Assignments of property to attorneys or personal representatives in place of fees or commissions will not ordinarily be approved. All attorney’s fees or personal representative’s commissions shall be set forth as such and approved by the Court. All attorney’s fees and personal representative’s commissions shall be stated, along with an explanation of how the fees or commissions were calculated, even if an accounting is waived. (Effective 7/1/08)

7.2.2 Fees and Commissions in Advance.

(a) Decedents Estates. There is no authority for the payment of any fees

or commissions in decedents estate in advance of a court order authorizing the same, unless the written consent of the residuary beneficiaries is filed with the Court and the amounts paid are reasonable and proper or unless it can be shown that payment of such fees was to the benefit of the estate.

(b) Trusts. Fees or commissions shall be paid only after the services to

which they relate have been performed. The payment shall be in conformity with the compensation provided in the trust instrument, if any, or otherwise be reasonable in amount.

(c) Guardianships and Conservatorships. Periodic payment of fees or

commissions may be made with prior court authority pursuant to Probate Code § 2643. Without such prior authority, the Court will apply the same rule as in decedent’s estates. The Court prefers that requests for fees for ordinary services be deferred until the first account.

(Effective 7/1/08)

7.2.3 Fees or Commissions Based on Fluctuating Values. In all accountings wherein fees or commissions are requested by the accounting party or his attorney based upon the fluctuating values of items constituting capital assets of the estate or trust, rather than the original or appraised values, the papers shall contain the following:

(a) A detailed statement, setting forth the original or appraised value of

each item;

101

Superior Court of California County of Madera Local Rules of Court

(b) A statement, showing the value of each item used as a basis for the

request for fees or commissions, together with the date of valuation of the item; and,

(c) Proof by declaration or affidavit of service by mail at least ten (10)

days before the hearing of said petition of a notice of the date of hearing and a copy of the accounting on all persons having a beneficial interest in the trust.

(Effective 7/1/08)

7.2.4 Allowance on Account of Fees and Commissions. Allowances on account of statutory fees or commissions will be granted by the Court only in proportion to the work actually completed. Moreover, the last twenty-five percent (25%) of statutory fees or commissions will not be allowed before the approval of the final account and the decree of distribution, unless it can be shown that payment of a greater amount will benefit the estate. Until the final account is settled, the Court is unable to fix the total amount of statutory fees or commissions. Any allowance made before that time shall be low enough to avoid the possibility of overpayment. (Effective 7/1/08)

7.2.5 Determination of Statutory Fees and Commissions. If an accounting is waived, the statutory fee is to be based upon only the stated inventory. In such cases, no fees are to be paid on gains on sales or on receipts by the estate. (Effective 7/1/08)

7.2.6 Determination of Extraordinary Fees and Commissions. No appearance by the attorney or the parties will normally be requested where such petition is verified by the party and the fee does not exceed $750. However, all fees requested for extraordinary services shall be supported by a detailed description of such services. Each item that constitutes an extraordinary service shall be individually stated in the petition with a specific fee request for such service. The description shall indicate criteria that the Court may consider in awarding fees, such as complexity, size of the estate, result obtained, particular expertise brought to bear on the problem, time involved, and novelty of the issues. (Effective 7/1/08)

7.2.7 Probate Code § 13650 Proceedings. In proceedings under Probate Code § 13650, for confirmation of community property to surviving spouse, all services shall be treated as extraordinary and described in detail. (Effective 7/1/08)

Chapter 3 Claims and Sales.

102

Superior Court of California County of Madera Local Rules of Court

7.3.1 Creditor’s Claims by Personal Representative. A noticed motion for approval of a creditor’s claim filed by the personal representative, with service of the notice of motion on the heirs, is required unless:

(a) The claim is for reimbursement of funeral and last illness expenses

and proof of payment is attached to the claim;

(b) The claim, together with all other claims of the personal

representative except for reimbursement of funeral and last illness expenses, is less than $1,000; and,

(c) All persons beneficially interested in the estate approve the claim in

writing.

(Effective 7/1/08)

7.3.2 Sale or Encumbrance of Estate Property. All petitions for the sale or encumbrance of estate property must be accompanied by a declaration under oath that the property sought to be sold is not specifically devised or bequeathed real or personal property. No specifically devised or bequeathed real or personal property shall be encumbered or offered for sale unless first approved by the Court on seven (7) court days’ notice to the specific devisee or legatee. (Effective 7/1/08)

Chapter 4 Accounts and Distribution.

7.4.1 Required Matters in a Petition for Final Distribution. In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report:

(a) A full and complete description of all assets on hand.

(b) Facts specifically showing the entitlement of each heir to the portion

of the estate to be distributed to that heir, including any information concerning predeceased children.

(c) A computation of the attorney fees and representative commissions

requested.

(d) An accounting if assets are to be distributed to a trustee, conservator

or guardian.

103

Superior Court of California County of Madera Local Rules of Court

(e) An agreement to the distribution signed by each heir with each

signature acknowledged if distribution of assets is to be made in kind and all persons will not share equally in each asset.

(f) A schedule of names showing the name of the claimant, amount

claimed, date presented, date allowed, and if paid, the date of payment. As to any claims rejected, the date of rejection must be set forth and the original of the notice of rejection with an affidavit of mailing to the creditor must be filed.

(g) The terms of any testamentary trust must be set out in full in the

petition and order and not merely incorporated by reference.

(h) An itemization of costs for which counsel is seeking reimbursement.

Ordinary overhead items, including but not limited to costs of duplication of documents, telephone calls, and automobile mileage are not proper cost items.

(i) A schedule showing the proration of taxes, fees, and costs.

(j) A statement of what property is separate and what is community.

(k) If distribution is to be made pursuant to an assignment of interest, the

assignment shall be filed and acknowledged and the details of the consideration set forth.

(l) If distribution is to be made to a trust, either an acknowledged

statement by the trustee accepting the property under the terms of the trust or a petition by the executor or administrator for the designation of a substitute trustee.

(m) If distribution is to be made to a minor or an incompetent, either facts

showing compliance with Probate Code §§ 3300 et seq. or current certified copies of letters of conservatorship or guardianship shall be filed.

(Effective 7/1/08)

7.4.2 Required Form of Accounts. All accounts filed in probate proceedings, including guardianships, conservatorships and trust accounts, shall contain a summary or recapitulation showing:

(a) Amount of inventory and appraisement, if first account, or amount

chargeable from prior account.

104

Superior Court of California County of Madera Local Rules of Court

(b) Amount of receipts excluding capital items.

(c) Gain on sales or other disposition of assets.

(d) Amount of disbursement.

(e) Loss on sales or other disposition of assets.

(f) Amount of property on hand.

(Effective 7/1/08)

7.4.3 Suggested Form of Summary. A suggested form of summary is as follows:

SUMMARY OF ACCOUNT

The petitioner is chargeable, and is entitled to the credits, respectively as set forth in this summary of account. The attached supporting schedules are hereby incorporated herein by reference:

CHARGES Amount of Inventory and Appraisement (OR, If subsequent account, amount chargeable from prior account) $________________ Receipts during Account Period (Schedule “A”) $________________ Gain on Sales (Schedule ”B”) $________________ TOTAL CHARGES $________________ CREDITS Disbursements during Account Period (Schedule “C”) $________________ Loss on Sales (Schedule “D”) $________________ Other Credits: (Property distributed, Homestead or other property set apart-Schedule “E”) $________________

105

Superior Court of California County of Madera Local Rules of Court

Property on Hand (Schedule “F”) $________________ TOTAL CREDITS $________________

The summary should be supported by detailed schedules. The schedules of receipts and disbursements should show the nature or purpose of each item and date thereof. The schedule of property on hand should describe each item and indicate the appraised value.

(Effective 7/1/08)

Chapter 5 Disposition Without Administration.

7.5.1 Required Allegations in Support of Claimed Property as Community. The Court may require any person submitting a petition to determine and/or to confirm community property to provide to the Court the following information in addition to that required by law. Counsel should be prepared to provide such information, if it is requested, at the first hearing on the petition in a form which would be admissible as evidence at an uncontested hearing:

(a) Date and place of marriage;

(b) Decedents occupation at time of marriage;

(c) Whether decedent owned any real or personal property on date of

marriage and, if so, its description and approximate value at the time of marriage and whether it is still a part of the estate;

(d) Decedent’s net worth at time of marriage;

(e) Whether decedent ever received any property after the date of

marriage by gift, bequest, devise, descent, proceeds of life insurance or joint tenancy survivorship and, if so, its description, approximate value, dates of receipt, and whether it is still a part of the estate;

(f) A copy of any document on which the claim is based;

(g) The date decedent first came to California; and,

(h) Any additional facts upon which claim of community property is

based.

106

Superior Court of California County of Madera Local Rules of Court

(Effective 7/1/08)

7.5.2 Notice in Proceedings to Set Aside Community Property. Prior to the hearing on a petition to determine and/or confirm community property, the petitioner shall file a declaration showing compliance with the notice requirements of Probate Code § 13655. (Effective 7/1/08)

7.5.3 Petition to Establish Fact of Death. A petition to establish the fact of death (terminate a joint tenancy or life estate) shall be verified and shall have attached as exhibits:

(a) A copy of any instrument relating to any interest in the property, and

(b) A copy of the death certificate.

Comment: There is no statutory provision for the determination by a court of attorney fees in proceedings for termination of joint tenancy or a life estate. No request for fees for service of this character should be made.

(Effective 7/1/08)

Chapter 6 Adoptions

7.6.1 Stepparent Adoption under Family Code §§ 9000, et seq.

(a) If a petition for adoption is filed under Family Code § 9000 without

first having had a petition and order under Family Code §§ 7800 et seq., there shall be a special hearing entitled “necessity of consent” hearing.

(b) The Clerk shall immediately notify Family Court Services Division of

the Court of the filing of the petition and the Family Court Services investigator shall report in the same manner as provided in Family Code § 7850.

(c) A citation in the form provided by Family Code § 7880 shall be issued

on the filing of the petition and shall be served on the persons and in the manner described in Family Code §§ 7881 and 7882. The citation shall require the persons served to show cause, if any, why the minor shall not be found to be abandoned and the consent of the named parent to the adoption is unnecessary.

(d) The hearing date shall be on the regular adoptions calendar and the

date selected shall be within sixty (60) calendar days of the filing of the petition.

107

Superior Court of California County of Madera Local Rules of Court

(e) The proceeding under this rule is in addition to that required by

Family Code § 9000.

(Effective 7/1/08)

7.6.2 Adoption where Natural Father not Found. If it is claimed that an alleged natural father cannot be found, or is unidentifiable, the petitioner shall file a petition under Family Code § 7664 and the Clerk shall set a hearing on the regular adoptions calendar, to be scheduled within sixty (60) calendar days of the filing of the adoption petition, to determine whether notice to any alleged natural father may be dispensed with and if the father is unidentifiable. The petitioner shall appear and present evidence at the hearing. (Effective 7/1/08)

7.6.3 Military Affidavit. An affidavit under the Servicemembers Relief Act is required in all adoption and abandonment proceedings where citations have been issued and the parties served have not appeared in the proceedings. If the petitioner or someone on his behalf is unable to make an affidavit that the parent served is not in the military service, the Court will accept the certificate alluded to in 50 USC App. section 521 et seq. of said Act. (Effective 7/1/08, amended 7/1/13)

7.6.4 Charges for Investigations in Stepparent Adoptions. There shall be a charge of $300 for each investigation conducted by the Family Court Services Division of this Court or by any court-appointed investigator for a stepparent adoption pursuant to Family Code §§ 9000, et seq. [formerly Civil Code § 227.10, et seq.]. This charge may increase from time to time by Policy Memorandum. Upon referral to Family Court Services, it is the parties’ responsibility to contact Family Court Services to initiate the intake process. Please see section 5.1.29 for instructions regarding fee waivers. If no fee waiver has been approved, payment is due at the time of the first appointment. (Effective 7/1/08, amended 1/1/17, 7/1/18, 1/1/20)

7.6.5 Charges for Investigations in Declare Minor Free Petitions. There shall be a charge of $300.00 for each investigation conducted by the Family Court Services Division of this Court or by any court-appointed investigator pursuant to Family Code §§ 7820, et seq. This charge may increase from time to time by Policy Memorandum. Upon referral to Family Court Services, it is the parties’ responsibility to contact Family Court Services to initiate the intake process. (Effective 7/1/18)

7.6.6 Charges for Investigations in Dual Stepparent Adoptions/Declare Minor Free Petitions. There shall be a charge of $450.00 for each investigation conducted by the Family Court Services Division of this Court or by any court-appointed investigator pursuant to Family Code §§ 9000, et seq. and Family Code §§ 7820, et seq. This charge may increase from time to time by Policy Memorandum. Upon

108

Superior Court of California County of Madera Local Rules of Court

referral to Family Court Services, it is the parties’ responsibility to contact Family Court Services to initiate the intake process. (Effective 7/1/18)

Chapter 7 Orders for Withdrawal of Funds.

7.7.1 Application. When application is made for the withdrawal of funds on deposit under Probate Code § 1510, a deputy clerk shall submit the original court file together with the application for withdrawal of funds to the Judge who approved the compromise. If the Judge is not available, the application shall be submitted to any available Judge of this Court. (Effective 7/1/08)

Chapter 8 Guardianship & Conservatorship Investigations.

7.8.1 Investigation of Proposed Guardian or Proposed Conservator. In conducting the investigation required under Probate Code § 1513 or Probate Code §1826 the Court investigator in his/her discretion may require the proposed guardian or guardians or proposed conservator or conservators to submit a fingerprint card, and/or or undergo a background check through the California Law Enforcement Telecommunications System (CLETS). The results of this check may be referred to in the investigator’s report to the Court. Upon referral to Family Court Services, it is the parties’ responsibility to contact Family Court Services to initiate the intake process. (Effective 7/1/08, amended 1/1/17, 1/1/22, 1/1/25)

7.8.2 Charges for Guardianship Investigations. There shall be a charge of $600.00 for each investigation conducted pursuant to Probate Code § 1513 charged to the petitioner. This charge shall be paid to the Family Court Services Division at the time an appointment is made for an interview. This charge may increase from time to time by Policy Memorandum. Please see section 5.1.29 for instructions regarding fee waivers. If no fee waiver has been approved, payment is due at the time of the first appointment. (Effective 7/1/08, amended 7/1/18, 1/1/20)

7.8.3 Preparation and Filing of Order Appointing Guardianship Investigator. In each guardianship case where the petition seeks the appointment of a guardian of the person, the petitioner shall prepare an Order Appointing Guardianship Investigator, and serve a copy on the office of Family Court Services, or on the office of Madera County Child Protective Services, as instructed by the Court. (Effective 7/1/08, amended 1/1/20)

7.8.4 Charges for Conservatorship Investigation. Pursuant to Probate Code § 1851.5, there shall be a charge of $400 for each conservatorship investigation conducted by a court investigator with respect to that conservatee. (Effective 7/1/08, amended 1/1/15)

109

Superior Court of California County of Madera Local Rules of Court

7.8.5 Ability to Pay. If a party, who is required to pay an investigation charge under Local Rule 7.8.2 or 7.8.4, believes that neither the party nor the estate has the ability to pay the cost of the investigation, the party requesting relief shall submit a request for relief in compliance with Local Rule 5.1.28 and/or 5.1.8. Please see section 5.1.29 for instructions regarding fee waivers. If no fee waiver has been approved, payment is due at the time of the first appointment. (Effective 7/1/08, amended 1/1/13, 1/1/15, 7/1/18, 1/1/20)

7.8.6 Required Orientation for Proposed Probate Conservators. All persons who are proposed conservators of either the person or the estate of a proposed conservatee shall, unless attendance is waived by the Court, attend an orientation at the office of the Family Court Services. Any proposed conservator will be required to show proof of having read the Judicial Council publication, “Handbook for Conservators,” pursuant to Probate Code, § 1835, which is available on the Madera County Superior Court website. (Effective 7/1/08, amended 7/1/13, 1/1/15, 1/1/17)

7.8.7 Background Check/Electronic Fingerprint Scan. A background check through the California Law Enforcement Telecommunications System (CLETS) or an electronic fingerprint scan will be required when a petition for a name change, or adoption has been filed. The purpose of the background check is to verify that the petitioner is not on probation, parole or a registered sex offender. (Code Civ. Proc. §1279.5 (e).) A Live Scan, or CLETS, consists of a check of electronic fingerprint records maintained by the Department of Justice, the Child Abuse Central Index and possibly the FBI. Live Scan locations can be obtained from Family Court Services or on the Department of Justice website (doj.ca.gov) by typing “Live Scan Locations” in the search box. The individual subject to Live Scan shall pay the fee charged by the Live Scan provider. The individual subject to Live Scan shall complete the Live Scan application form with the requested information and provide the Live Scan provider valid photo identification. Failure to provide the requested information will delay the petition and/or otherwise preclude the completion of the required investigation. For Child Custody Evaluations, Conservatorships, and Guardianships, this information will be obtained by Family Court Services through CLETS at the Madera Sheriff’s Office. (Effective 1/1/17, amended 1/1/22).

7.8.8 Guardianship Filings Involving Multiple Minors. In the event multiple minors are involved in a guardianship proceeding, the same case number will be assigned if both parents (mother and father) are the same. However, if the minors share one parent, but the other parent is different or unknown, then the guardianship for each minor must be filed under separate case numbers, but marked as companion cases so that the issues will be heard in the same department. (Effective 1/1/20)

110

Superior Court of California County of Madera Local Rules of Court

DIVISION 8 APPELLATE DEPARTMENT

Chapter 1 General 8.1.1 Briefs. Briefs shall be prepared and filed as provided by California Rule of Court 8.800, et seq. In addition thereto, counsel shall deposit with the Clerk of the Court, when filing the original brief, four (4) legible copies of the original brief for the assistance of the members of the Court. (Effective 7/1/08, amended 7/1/13, 1/1/17, 7/1/20)

8.1.2 Calendaring. The Court, after the filing of an appeal, will set a briefing schedule and set a date for oral argument on the third Friday of the month at 8:00 a.m. (Effective 7/1/08)

8.1.3 Oral Argument. Unless otherwise ordered, counsel for each party shall be allowed fifteen (15) minutes for oral argument. The appellant or the moving party shall have the right to open and close. (Effective 7/1/08)

8.1.4 Motions. All motions shall be heard at regular sessions in the department designated by the Presiding Judge unless a different time or place for the hearing of a particular motion is designated by the Presiding Judge. (Effective 7/1/08, amended 1/1/10, 1/1/13)

DIVISION 9 COURT PERSONNEL

Chapter 1 General Provisions.

9.1.1 Definition. All persons appearing on the payroll of the Superior Court as permanent, full-time employees and any additional full-time employees assigned to the Superior Court, but appearing on the payroll of a separate budget unit, shall be considered Superior Court personnel. (Effective 7/1/08)

9.1.2 Judicial Officers. A person elected or appointed to the office of Judge of the Superior Court or a person appointed as Court Commissioner shall be considered judicial personnel. (Effective 7/1/08)

9.1.3 Officers. The Court Executive Officer, the Staff Attorney, the Facilitator and the Director of Family Court Services are officers of the Court. (Effective 7/1/08)

9.1.4 Employees. All Superior Court personnel who are neither Judges nor Court Officers and who are not employed by contract (which includes per diem interpreters and per diem reporters not permanently appointed by a Judge of the Court) shall be considered Court employees. (Effective 7/1/08)

111

Superior Court of California County of Madera Local Rules of Court

9.1.5 Assigned Court Personnel. Personnel assigned to the Court by other agencies (i.e. bailiffs) are Superior Court Personnel. Such persons shall be assigned to any such departments as may be designated by the Presiding Judge. Nothing contained herein shall be construed as in any way affecting the power of the employing agency to transfer such personnel away from the Superior Court. (Effective 7/1/08)

Chapter 2 Court Executive Officer.

9.2.1 Appointments. The Presiding Judge shall appoint a Court Executive Officer who shall serve at the pleasure of a majority of the Judges of the Court. (Effective 7/1/08)

9.2.2 Functions. The Court Executive Officer shall organize and administer the non-judicial activities of the Court. Subject to the supervision and direction of the Presiding Judge, the Court Executive Officer shall:

(a) Supervise and assign work to the staff that serves the Judges in the

execution of the Court’s business.

(b) Provide necessary administrative direction in the dispatch of judicial

business, particularly in calendar management.

(c) Manage all personnel functions for non-judicial employees.

(d) Manage facilities and procurement functions.

(e) Prepare and administer the Court’s budget.

(f) Direct statistical data analysis and prepare statistical studies.

(g) Direct the development, implementation, and maintenance of data

processing efforts.

(h) Monitor the performance of the organization and take actions

necessary to ensure that the operations are conducted according to the plans.

(i) Act as the Clerk of the Court, and serve as a liaison for the Court with

the Judicial Council, Board of Supervisors, and the County Administrative Officer.

(j) Develop and recommend innovations, modify non-judicial and

112

Superior Court of California County of Madera Local Rules of Court

administrative policies and procedures, and propose modifications to court rules.

(k) Provide administrative support to the Grand Jury in budgeting,

supervising staff support, and managing facilities, procurement, and office operations.

(l) Select, qualify, and summon jurors for all jury trials in the Court.

(m) Supervise and direct all jury system staff and activities.

(n) Provide all management services for the jury system.

(o) Perform other tasks as directed by the Court.

(Effective 7/1/08, section (f) amended 1/1/15)

Chapter 3 Chief Probation Officer.

9.3.1 Selection. The Chief Probation Officer shall be appointed as provided by the applicable statutes and County ordinances. The Judges of the Superior Court shall assist in the selection process. The Chief Probation Officer shall serve at the pleasure of the Court. (Effective 7/1/08)

9.3.2 Functions. The Chief Probation Officer shall:

(a) Formulate departmental policy.

(b) Direct the probation services provided by the department including

but not limited to juvenile intake and detention control, adult and juvenile investigation, reports and supervision, special court services, and related programs.

(c) Direct the fiscal, personnel, budget and other administrative functions

of the department.

(d) Direct the development and use of professional skills in probation

casework provided to adults and juveniles and in the maintenance of adequate standards of service.

(e) Direct the development and administration of the department’s

113

Superior Court of California County of Madera Local Rules of Court

detention and treatment facilities for the custody, care and rehabilitation of juveniles.

(f) Direct the medical, psychiatric, dental and nursing care programs

provided to juveniles placed in detention facilities and foster homes.

(g) Direct the research activities of the department.

(h) Coordinate the work of the Probation Department with various

segments of the justice system including, but not limited to Police Departments, the Sheriff’s Office, Public Defender, District Attorney, and the Court.

(i) Maintain public relations with other County departments, other

jurisdictions, social welfare agencies, civic groups and the public, and interpret the objectives and progress of the department.

(j) Work with the Juvenile Justice and Delinquency Prevention

Commission in establishing and coordinating services provided to juveniles.

(k) Recommend the adoption, enactment, and amendment of County

ordinances, resolutions, regulations and state statutes to promote the effective, efficient and economical administration of the department.

(l) Direct the development of changes in organization, staffing, work

processing, and management information systems to increase effectiveness and efficiency, and to reduce administrative costs.

(m) Make periodic reports to the Court and to the Board of Supervisors

regarding the accomplishments of the department.

(n) The Chief Probation Officer shall serve, when appropriate and

pursuant to court order, as guardian or conservator of wards of the Court.

(Effective 7/1/08)

Chapter 4 Director of Family Court Services and Facilitator

9.4.1 Appointment. The Judges shall appoint the Director of Family Court Services and Facilitator. (Effective 7/1/08)

9.4.2 Functions-Family Court Services.

114

Superior Court of California County of Madera Local Rules of Court

The duties of the Director of Family Court Services shall include, but are not

limited to:

(a) Conducting mediations (in family law and juvenile dependency), child
custody evaluations/investigations, probate investigations, petitions relating
to adoption and declaring minor’s free from parental control, investigating all
other related family law matters, locating guardians and conservators, and
investigating all other matters referred by the Court as needed.

(b) Acts as a liaison between Family Court Services, Family Law Court,
Probate Court, and Juvenile Dependency Court.

(c) Acts as a liaison between the Family Law Court and Probate Court
regarding Child Welfare Services investigation information. Coordinates
Child Protective Services reports ordered by the Family Law and Probate
Courts.

(d) Verifies the qualifications of Professional Visitation Providers and
obtains information regarding community resources available to children
and families.

(e) Implements directives received from Judicial Officers and Court
Administration and serves all Family Law, Probate, and Juvenile
Dependency departments as needed.

(f) Maintains compliance with all applicable state and federal mandates
regarding domestic violence, Indian Child Welfare Act, Special Immigrant
Juvenile Status and implements mandated legislative changes in all Family
Law and Probate case types.

(Effective 7/1/08, amended 1/1/13, 7/1/23)

9.4.3 [Deleted 1/1/13]

9.4.4 Simultaneous Release of Reports. No Child Custody Evaluator may provide information regarding final recommendations prior to the release of the final report. No Child Custody Evaluator will divulge final recommendations to either party or his or her attorney, separately. Final recommendations will be made available in written form to all parties and their attorneys simultaneously. (Effective 7/1/08, amended 1/1/13)

115

Superior Court of California County of Madera Local Rules of Court

9.4.5 Functions - Facilitator. The office of the Family Law Facilitator oversees the Family Law Facilitator/Self Help Center shall provide the following services to Self- Represented Litigants:

(a) Distributing, completing and reviewing judicial council forms

establishing, modifying and enforcing parentage and child support.

(b) Preparing child support schedules based upon statutory guidelines.

(c) Preparing spousal support schedules based upon statutory

guidelines.

(d) Distributing family law judicial council forms, including Domestic

Violence Prevention Restraining Orders, and civil judicial council forms related to Civil Harassment Restraining Orders, Elder Abuse Restraining Orders, Unlawful Detainer actions, small claims, Name Change, probate Guardianship of the Person, Conservatorship, and limited decedent’s estates.

(e) . Reviewing judicial council forms for completeness.

(f) Providing educational materials to parties concerning the Court’s

process and presenting their case.

(Effective 7/1/08, amended 7/1/23, 1/1/26)

9.4.6 Grievance Procedure Relating to Family Court Services, Child Custody Recommending Counseling and/or Facilitator. The following procedure shall be observed with regard to complaints about Family Court Services, Child Custody Recommending Counseling or Facilitator:

(a) A complaint received on the conduct of individual or individuals shall

be directed to the Presiding Judge or to a person designated by the Presiding Judge for the purposes of handling such complaints. When a complaint is not in writing, the Presiding Judge may require that the complainant reduce the complaint to writing, or may direct a written memorandum be made of the complaint.

(b) The Presiding Judge or such person as the Presiding Judge may

appoint shall investigate the complaint. If the complaint is frivolous or unfounded on its face, the complaint may be disposed of without further action.

(c) If the Presiding Judge, or the Presiding Judge’s designee,

116

Superior Court of California County of Madera Local Rules of Court

determines the complaint has possible validity, the matter shall be reviewed promptly. A copy of the complaint shall be provided to the individual being complained of, who shall be allowed an opportunity to respond. A preliminary inquiry may be terminated if the complaint is found to be lacking in merit or if an acceptable explanation is offered.

(d) When the preliminary inquiry indicates that the complaint is not minor

in nature and appears to have validity, or there is good cause (including other complaints), the Presiding Judge may act upon the allegation including appointing a committee of judges to conduct further investigation if deemed necessary, or the Presiding Judge’s designee may recommend that the Presiding Judge appoint a committee of Judges to conduct further investigation if believed necessary or may recommend any other action deemed necessary. The individual complained of shall be presented with a written statement of allegations and provided an opportunity to respond either orally or in writing.

(e) At the conclusion of the investigation, the committee shall make such

report and recommendations as it deems fit for action by the Court.

(f) The Court shall inform the complainant of the disposition of the

complaint.

(Effective 7/1/08, amended 1/1/13)

9.4.7. Confidentiality of Communications and Reports. All communications and reports made pursuant to Rule 9.4.6 shall be deemed confidential, except communications under 9.4.6(f). (Effective 7/1/08)

DIVISION 10 REMOTE HEARINGS AND APPEARANCES (INCLUDING DOMESTIC VIOLENCE AND GUN VIOLENCE HEARINGS)

Chapter 1 Remote Hearings and Appearances Generally

10.1.1 General Remote Hearings and Appearances. The court shall abide by California law, the California Rules of Court, as well as judicial discretion, when conducting remote hearings and appearances. (Effective 7/1/23) 10.1.2 Technology. The technological platform on which remote hearings and appearances are conducted shall be at the discretion of the court. (Effective 7/1/23)

10.1.3 Remote Appearance for Domestic Violence and Gun Violence Petition

117

Superior Court of California County of Madera Local Rules of Court

Hearings. A party or a witness may appear remotely at the hearing on a petition for a domestic violence restraining order or a gun violence restraining order. (Effective 7/1/23)

10.1.4 Remote Appearance Instructions for Domestic Violence and Gun Violence Hearings. The court shall prominently post on the homepage of its website instructions on how a party or a witness can request to appear remotely for hearings conducted pursuant to subchapter 10.1.3. (Effective 7/1/23)

10.1.5 Court Telephone Number. The court shall prominently post on the homepage of its website a dedicated telephone number to the Court Services Division for the public to call at least 30 minutes before the start of the court session at which the hearing will take place, and during the court session. (Effective 7/1/23)

118

Superior Court of California County of Madera Local Rules of Court

Index

Adoptions 7.6.1--7.6.6 Appeals 8.1.1 -- 8.1.4 Arbitration 2.8.10 -- 2.8.13; 3.5.11 Attorney Fees 1.6.1 – 1.6.5 Body-Worn Cameras, Law Enforcement Use 1.10.2 Calendar Clerk 1.1.1; 2.7.3; 2.8.2; 2.9.2; 2.10.5; 3.2.1; 5.1.9; 5.1.17; 5.1.20 Case Management Conference See generally, Division 3, Chapters 4-7. Clerk Court Executive Officer as, 1.5.1 Death penalty cases 4.1.10 Filing of papers 2.1.4; 3.1.1 – 3.1.6 Continuance 2.10.1 – 2.10.5 Court reporter 1.4.1-1.4.2 Criminal Cases, generally See Division 4 Default 2.10.5; 5.1.20 Districts of Madera Superior Court 1.3.7 Divisions of the Court 1.3.2 – 1.3.3; 1.3.5 – 1.3.6 Ex Parte 2.4.1 – 2.1.9 Fees Attorney Fees 1.6.1 – 1.6.5 Court reporter 1.4.2 CourtCall 2.7.1-2.7.8 Fax Filing 2.11.1 Interpreters and translators 1.4.4 Investigation of proposed guardians 7.8.1-7.8.8 Probate fees and commissions 7.2.1-7.2.6 Filings 3.1.1 – 3.1.6 Interpreters and translators 1.4.4 Investigator, court 5.1.27; 5.1.32; 7.8.1-7.8.4; 9.4.1 – 9.4.7 Minor’s Counsel 5.1.41 – 5.1.42

119

Superior Court of California County of Madera Local Rules of Court

Presiding Judge 1.3.1 Settlement conference 2.8.1 – 2.8.9; 2.9.1-2.9.2; 5.1.18 Small Claims Appeals 2.6.1 Traffic Matters 4.2.1 – 4.2.6 Unlawful Detainers 2.5.1

120

Superior Court of California County of Madera Local Rules of Court

List of Local Forms0F0F1
Organized by Form Name

Form Form Name: Form Type: Form

Number: Effective/Revised Date: MAD-JUV-013 Adult Adoption Optional 04/15/2020 Agreement MAD-JUV-016 Adult Adoption Order Optional 09/15/2024

MAD-CIV-012 Application and Order Optional 04/15/2020 for Publication, Posting of Summons, Citation; Extension of Time MAD-CRM- Application for Order to Optional 04/15/2020 025 Modify and/or Terminate Criminal Protective Order MAD-CIV-001 At Issue Memorandum Optional 09/25/2025 MAD-CIV-019 Authorization for Non- Mandatory 09/25/2025 Attorney Court Document Preparer MAD-CRIM- Certificate of Optional 04/15/2020 010-A Rehabilitation Pursuant to Penal Code §4852.13 MAD-CIV-020 Certificate of No Appeal Optional 03/20/2024 MAD-CRM- Checklist for Optional 04/15/2020 005 Undertaking Pursuant to Penal Code §§ 1279 and 1298

MAD-FCS- Child Custody Mandatory 09/12/2024 005* Investigation Intake Questionnaire MAD-JUV-022 Citation to Appear Optional 11/01/2023 MAD-CIV-010 Confidential Declaration Mandatory 09/25/2025

MAD-CIV-022 Consent and Waiver of Optional 09/01/2024 Statutory Notice

1 Form Numbers followed by a “*” symbol indicate the Local Form is available in a Spanish version.

Form Numbers followed by “**” symbols indicate the Local Form is available in Spanish, Punjabi, Mandarin, and Hmong versions.

121

Superior Court of California County of Madera Local Rules of Court

MAD-JUV-014 Consent of Spouse of Optional 04/15/2020 Adopting Parent MAD-JUV-015 Consent of Spouse of Optional 04/15/2020 Adopted Person MAD-CIV-021 Consent to Confer Optional 04/25/2024 Separately During Settlement Conferences MAD-CIV-016 Consent to Termination Optional 08/15/2020 and Waiver of Service of Petition and Notice of Hearing MAD-FCS- Conservatorship Mandatory 04/15/2020 006* Investigation Intake Questionnaire MAD-FCS-002 Court Order Appointing Optional 09/25/2025 Child Protective Services in Probate Guardianship for Non- Relative (Pursuant to Probate Code §1513) MAD-FCS-003 Court Order Appointing Optional 04/15/2020 Superior Court Investigator in Probate Conservatorship MAD-FCS-001 Court Order Appointing Optional 09/25/2025 Superior Court Investigator in Probate Guardianship Relative (Pursuant to Probate Code §1513) MAD-FCS-014 Court Order Appointing Optional 01/01/2022 Superior Court Investigator in Probate Guardianship Termination Pursuant to Gov. Code §1601 MAD-FCS-004 Court Order Appointing Optional 04/15/2020 Superior Court Investigator Pursuant to Family Code §7850

MAD-CIV-017 Declaration of Due Optional 03/15/2022

122

Superior Court of California County of Madera Local Rules of Court

Diligence and Request to Dispense with Notice of Service

MAD-FCS- Declare Minor Mandatory 04/15/2020 009* Free/Stepparent Adoption Investigation Intake Questionnaire MAD-CRM- Deed of Full Optional 04/15/2020 007 Reconveyance MAD-CIV-023 Demographical Optional 09/25/2025 Information MAD-CIV-005 Ex-Parte Declaration Optional 09/25/2025

MAD-CIV-013 Family Law Settlement Optional 04/15/2020 Conference Statement MAD-FCS- Grandparent-Stepparent Mandatory 04/15/2020 010* Mediation Intake Questionnaire MAD-FCS- Guardianship Mandatory 04/15/2020 007* Investigation Intake Questionnaire MAD-FCS- Guardianship Mediation Mandatory 04/15/2020 011* Intake Questionnaire MAD-CRM- Information and Optional 04/15/2020 019 Instructions for Expungement of DNA Profiles and Samples (Pen Code §299) MAD-CRM- Information and Optional 02/13/2024 018 Instructions for Petition for Dismissal MAD-JUV-005 Information Sheet for Optional 04/15/2020 Petition to Inspect Adoption Record (FC §9200) MAD-JUV-008 Information Sheet for Optional 04/15/2020 Petition to Inspect and/or Obtain Copies of Birth Record (H&S §102705) MAD-JUV-011 Information Sheet for Optional 04/15/2020 Petition to Obtain Original Unsealed/Unredacted

123

Superior Court of California County of Madera Local Rules of Court

Birth Certificate

MAD-CRM- Instructions for Petition Optional 04/15/2020 022 for Certificate of Rehabilitation and Pardon MAD-CRM- Instructions for Optional 04/15/2020 004 Undertaking Pursuant to Penal Code §§1279 and 1298 MAD-CRM- Instructions on Notice of Optional 04/15/2020 023 Petition and Petition for Relief Under Penal Code § 1210(e)(1) MAD-CIV-008 Judgment Debtor’s Optional 04/15/2020 Declaration Re: Request to Enter Satisfaction of Judgment Pursuant to CCP §116.850 and Order MAD-INT-003* Language Access Optional 04/15/2020 Complaint or Comment Form MAD-CIV-006 Local Court Policy Optional 04/15/2020 MAD-FCS- Mediation Intake Mandatory 10/09/2020 008* Questionnaire MAD-CRM- Modification Request Optional 04/15/2020 002 Form – Criminal Division MAD-TRC-005 Modification Request Optional 05/01/2024 Form – Traffic Division MAD-CIV-003 Notice of Family Law Mandatory 04/15/2020 Status Conference MAD-CRM- Notice of Filing of Optional 04/15/2020 009 Petition for Certificate of Rehabilitation and Pardon Pursuant to Penal Code §§4852.01, 4852.06 MAD-CRM- Notice of Petition and Optional 04/15/2020 008 Petition for Relief Pursuant to Penal Code §1210(e)(1) MAD-CIV-007 Objection Optional 09/20/2024

124

Superior Court of California County of Madera Local Rules of Court

MAD-CRM- Order Commitment to Optional 06/04/2024 027 the State Department of Mental Health (PC- 1370) MAD-JUV-023 Order Declaration Minor Optional 11/01/2023 Free from Parental Custody and Control MAD-CRM- Order Dismissing Optional 04/15/2020 011 Accusation Against Probationer Pursuant to Penal Code §1210(e)(1) MAD-CRM- Order— Petition for Optional 04/15/2020 014 Resentencing MAD-CRM- Order – Petition for Optional 04/15/2020 020 Resentencing (Health and Safety Code §11361.8) Prop 64 MAD-JUV-004 Order to Inspect and/or Optional 04/15/2020 Obtain Copies of Adoption Record (FC §9200) MAD-JUV-007 Order to Inspect and/or Optional 04/15/2020 Obtain Copies of Birth Record (H&S §102705) MAD-JUV-010 Order to Obtain Original Optional 04/15/2020 Unsealed/Unredacted Birth Certificate MAD-RPT-002 Order Appointing Court Optional 09/24/2025 Approved Reporter as Official Reporter Pro Tempore MAD-RPT-001 Order for Production of Optional 01/05/2024 Reporter Pro Tempore Transcripts MAD-CRM- Order Withdrawing Lien Optional 04/15/2020 003 on Real Property Posted as Bail MAD-CIV-014 Peremptory Challenge Optional 08/15/2020 (CCP §170.6)

125

Superior Court of California County of Madera Local Rules of Court

MAD-CRM- Petition: Certificate of Optional 04/15/2020 010 Rehabilitation and Pardon Pursuant to Penal Code §§4852.01, 4852.06 (Penal Code §4852.1 et seq.) MAD-JUV-012 Petition for Approval of Optional 04/15/2020 Adult Adoption Agreement MAD-CIV-009 Petition for Joinder Optional 04/15/2020 (Visitation)

MAD-CRM- Petition for Optional 04/15/2020 017 Modification/Termination of Probation Pursuant to Penal Code §1203.3 MAD-CRM- Petition for Optional 04/15/2020 012 Resentencing for Reduction to Misdemeanor MAD-CIV-015 Petition for Visitation Optional 08/15/2020 (Probate) MAD-FCS- Petitioner(s) Screening Mandatory 04/15/2020 013* Form—Guardianship MAD-JUV-021 Petition to Declare Optional 11/01/2023 Minor Free from Parental Custody and Control MAD-JUV-003 Petition to Inspect Optional 04/15/2020 and/or Obtain Copies of Adoption Record (FC §9200) MAD-JUV-006 Petition to Inspect Optional 04/15/2020 and/or Obtain Copies of Birth Record (H&S §102705) MAD-JUV-009 Petition to Obtain Optional 04/15/2020 Original Unsealed/Unredacted Birth Certificate MAD-CRM- Proof of Service— Optional 08/01/2020 016 Criminal MAD-CRM- Proof of Service- Notice Optional 07/01/2020

126

Superior Court of California County of Madera Local Rules of Court

024 of Petition and Petition
for Relief Under Penal
Code §1210(e)(1)

MAD-CRM- Proof of Service— Optional 07/01/2021 021 Petition for Expungement of DNA Profiles and Samples (Penal Code § 299)

MAD-GEN-001 Records Search and/or Optional 01/01/2026 Copy Request MAD-CIV-002 Request for Calendar Optional 09/13/2024 Setting – Civil Division MAD-CRM- Request for Calendar Optional 07/01/2020 026 Setting – Criminal Division MAD-TRC-004 Request for Calendar Optional 07/01/2020 Setting – Traffic Division MAD-JUV-002 Request for Calendar Optional 04/15/2020 Setting – Juvenile Division MAD-CRM- Request for Copy of Optional 04/15/2020 015 Notice of Default and Sale MAD-CIV-011 Request for Dismissal in Optional 04/15/2020 Whole or in Part (Small Claims)

MAD-INT-001 Request for Interpreter Optional 03/01/2025 Services- English- Spanish MAD-CFO-001 Request for Judicial Optional 04/15/2020 Administrative Records MAD-TRC-001 Request for Records – Optional 03/20/2024 Traffic Division MAD-GEN-002 Request for Refund Optional 09/25/2025 MAD-CRIM- Response Resentencing Optional 04/15/2020 013 for Reduction to Misdemeanor MAD-CRM- Undertaking and Optional 04/15/2020 006 Affidavit for Undertaking (Deposit or Real Property as Bail)

127

Superior Court of California County of Madera Local Rules of Court

MAD-CIV-018 Unlawful Detainer Optional 09/01/2020 Supplemental Cover Sheet MAD-FCS- Waiver of Right to Mandatory 04/15/2020 012* Individual Session

128

Superior Court of California County of Madera Local Rules of Court

List of Local Forms Organized by Form Number

Form Form Name: Form Type: Form Number: Effective/Revised Date: MAD-CFO- Request for Judicial Optional 04/15/2020 001 Administrative Records MAD-CIV- At Issue Memorandum Optional 09/25/2025 001 MAD-CIV- Request for Calendar Optional 09/13/2024 002 Setting – Civil Division MAD-CIV- Notice of Family Law Mandatory 04/15/2020 003 Status Conference MAD-CIV- Ex-Parte Declaration Optional 09/25/2025 005 MAD-CIV- Local Court Policy Optional 04/15/2020 006 MAD-CIV- Objection Optional 09/20/2024 007 MAD-CIV- Judgment Debtor’s Optional 04/15/2020 008 Declaration Re: Request to Enter Satisfaction of Judgment Pursuant to CCP §116.850 and Order MAD-CIV- Petition for Joinder Optional 04/15/2020 009 (Visitation) MAD-CIV- Confidential Declaration Mandatory 09/25/2025 010 MAD-CIV- Request for Dismissal in Optional 04/15/2020 011 Whole or in Part (Small Claims) MAD-CIV- Application and Order Optional 04/15/2020 012 for Publication, Posting of Summons, Citation; Extension of Time MAD-CIV- Family Law Settlement Optional 04/15/2020 013 Conference Statement MAD-CIV- Peremptory Challenge Optional 08/15/2020 014 (CCP §170.6) MAD-CIV- Petition for Visitation Optional 08/15/2020 015 (Probate)

129

Superior Court of California County of Madera Local Rules of Court

MAD-CIV- Consent to Termination Optional 08/15/2020 016 and Waiver of Service of Petition and Notice of Hearing MAD-CIV- Declaration of Due Optional 03/15/2022 017 Diligence and Request to Dispense with Notice of Service MAD-CIV- Unlawful Detainer Optional 09/01/2020 018 Supplemental Cover Sheet MAD-CIV- Authorization for Non- Mandatory 09/25/2025 019 Attorney Court Document Preparer MAD-CIV- Certificate of No Appeal Optional 03/20/2024 020 MAD-CIV- Consent to Confer Optional 04/25/2024 021 Separately During Settlement Conferences MAD-CIV- Consent and Waiver of Optional 09/01/2024 022 Statutory Notice MAD-CIV- Demographical Optional 09/25/2025 023 Information MAD-CRM- Modification Request Optional 04/15/2020 002 Form—Criminal Division MAD-CRM- Order Withdrawing Lien Optional 04/15/2020 003 on Real Property Posted as Bail MAD-CRM- Instructions for Optional 04/15/2020 004 Undertaking Pursuant to Penal Code §§1279 and 1298 MAD-CRM- Checklist for Optional 04/15/2020 005 Undertaking Pursuant to Penal Code §§ 1279 and 1298 MAD-CRM- Undertaking and Optional 04/15/2020 006 Affidavit for Undertaking (Deposit or Real Property as Bail) MAD-CRM- Deed of Full Optional 04/15/2020 007 Reconveyance MAD-CRM- Notice of Petition and Optional 04/15/2020 008 Petition for Relief

130

Superior Court of California County of Madera Local Rules of Court

Pursuant to Penal Code §1210(e)(1)

MAD-CRM- Notice of Filing of Optional 04/15/2020 009 Petition for Certificate of Rehabilitation and Pardon Pursuant to Penal Code §§4852.01, 4852.06 MAD-CRM- Petition: Certificate of Optional 04/15/2020 010 Rehabilitation and Pardon Pursuant to Penal Code §§4852.01, 4852.06 (Penal Code §4852.1 et seq.) MAD- Certificate of Optional 04/15/2020 CRIM-010- Rehabilitation Pursuant A to Penal Code §4852.13 MAD-CRM- Order Dismissing Optional 04/15/2020 011 Accusation Against Probationer Pursuant to Penal Code §1210(e)(1) MAD-CRM- Petition for Optional 04/15/2020 012 Resentencing for Reduction to Misdemeanor MAD-CRM- Response Resentencing Optional 04/15/2020 013 for Reduction to Misdemeanor MAD-CRM- Order— Petition for Optional 04/15/2020 014 Resentencing MAD-CRM- Request for Copy of Optional 04/15/2020 015 Notice of Default and Sale MAD-CRM- Proof of Service— Optional 08/01/2020 016 Criminal MAD-CRM- Petition for Optional 04/15/2020 017 Modification/Termination of Probation Pursuant to Penal Code §1203.3 MAD-CRM- Information and Optional 02/13/2024 018 Instructions for Petition for Dismissal MAD-CRM- Information and Optional 04/15/2020 019 Instructions for

131

Superior Court of California County of Madera Local Rules of Court

Expungement of DNA Profiles and Samples (Pen Code §299)

MAD-CRM- Order – Petition for Optional 04/15/2020 020 Resentencing (Health and Safety Code §11361.8) Prop 64 MAD-CRM- Proof of Service— Optional 07/01/2020 021 Petition for Expungement of DNA Profiles and Samples (Penal Code § 299) MAD-CRM- Instructions for Petition Optional 04/15/2020 022 for Certificate of Rehabilitation and Pardon MAD-CRM- Instructions on Notice of Optional 04/15/2020 023 Petition and Petition for Relief Under Penal Code § 1210(e)(1) MAD-CRM- Proof of Service- Notice Optional 07/01/2020 024 of Petition and Petition for Relief Under Penal Code §1210(e)(1) MAD-CRM- Application for Order to Optional 04/15/2020 025 Modify and/or Terminate Criminal Protective Order MAD-CRM- Request for Calendar Optional 07/01/2020 026 Setting—Criminal Division MAD-CRM- Order Commitment to Optional 06/04/2024 027 the State Department of Mental Health (PC- 1370) MAD-FCS- Court Order Appointing Optional 09/25/2025 001 Superior Court Investigator in Probate Guardianship Relative (Pursuant to Probate Code §1513) MAD-FCS- Court Order Appointing Optional 09/25/2025 002 Child Protective Services in Probate

132

Superior Court of California County of Madera Local Rules of Court

Guardianship for Non- Relative (Pursuant to Probate Code §1513)

MAD-FCS- Court Order Appointing Optional 04/15/2020 003 Superior Court Investigator in Probate Conservatorship

MAD-FCS- Court Order Appointing Optional 04/15/2020 004 Superior Court Investigator Pursuant to Family Code §7850 MAD-FCS- Child Custody Mandatory 09/12/2024 005* Investigation Intake Questionnaire MAD-FCS- Conservatorship Mandatory 04/15/2020 006* Investigation Intake Questionnaire MAD-FCS- Guardianship Mandatory 04/15/2020 007* Investigation Intake Questionnaire MAD-FCS- Mediation Intake Mandatory 10/09/2020 008* Questionnaire MAD-FCS- Declare Minor Mandatory 04/15/2020 009* Free/Stepparent Adoption Investigation Intake Questionnaire MAD-FCS- Grandparent-Stepparent Mandatory 04/15/2020 010* Mediation Intake Questionnaire MAD-FCS- Guardianship Mediation Mandatory 04/15/2020 011* Intake Questionnaire MAD-FCS- Waiver of Right to Mandatory 04/15/2020 012* Individual Session MAD-FCS- Petitioner(s) Screening Mandatory 04/15/2020 013* Form—Guardianship MAD-FCS- Court Order Appointing Optional 01/01/2022 014 Superior Court Investigator in Probate Guardianship Termination Pursuant to Gov. Code §1601 MAD-GEN- Records Search and/or Optional 01/01/2026 001 Copy Request

133

Superior Court of California County of Madera Local Rules of Court

MAD-GEN- Request for Refund Optional 09/25/2025 002 MAD-INT- Request for Interpreter Optional 03/01/2025 001 Services- English- Spanish MAD-INT- Language Access Optional 04/15/2020 003* Complaint or Comment Form MAD-JUV- Request for Calendar Optional 04/15/2020 002 Setting- Juvenile Division MAD-JUV- Petition to Inspect Optional 04/15/2020 003 and/or Obtain Copies of Adoption Record (FC §9200) MAD-JUV- Order to Inspect and/or Optional 04/15/2020 004 Obtain Copies of Adoption Record (FC §9200) MAD-JUV- Information Sheet for Optional 04/15/2020 005 Petition to Inspect Adoption Record (FC §9200) MAD-JUV- Petition to Inspect Optional 04/15/2020 006 and/or Obtain Copies of Birth Record (H&S §102705) MAD-JUV- Order to Inspect and/or Optional 04/15/2020 007 Obtain Copies of Birth Record (H&S §102705) MAD-JUV- Information Sheet for Optional 04/15/2020 008 Petition to Inspect and/or Obtain Copies of Birth Record (H&S §102705) MAD-JUV- Petition to Obtain Optional 04/15/2020 009 Original Unsealed/Unredacted Birth Certificate MAD-JUV- Order to Obtain Original Optional 04/15/2020 010 Unsealed/Unredacted Birth Certificate MAD-JUV- Information Sheet for Optional 04/15/2020 011 Petition to Obtain

134

Superior Court of California County of Madera Local Rules of Court

Original Unsealed/Unredacted Birth Certificate

MAD-JUV- Petition for Approval of Optional 04/15/2020 012 Adult Adoption Agreement MAD-JUV- Adult Adoption Optional 04/15/2020 013 Agreement MAD-JUV- Consent of Spouse of Optional 04/15/2020 014 Adopting Parent MAD-JUV- Consent of Spouse of Optional 04/15/2020 015 Adopted Person MAD-JUV- Adult Adoption Order Optional 09/15/2024 016 MAD-JUV- Petition to Declare Optional 11/01/2023 021 Minor Free from Parental Custody and Control MAD-JUV- Citation to Appear Optional 11/01/2023 022 MAD-JUV- Order Declaration Minor Optional 11/01/2023 023 Free from Parental Custody and Control MAD-RPT- Order for Production of Optional 01/05/2024 001 Reporter Pro Tempore Transcripts MAD-RPT- Order Appointing Court Optional 09/24/2025 002 Approved Reporter as Official Reporter Pro Tempore MAD-TRC- Request for Records Optional 03/20/2024 001 Search—Traffic Division MAD-TRC- Request for Calendar Optional 07/01/2020 004 Setting MAD-TRC- Modification Request Optional 05/01/2024 005 Form

135