Kern — Proposed Amendments to Local Rules

Source: https://www.kern.courts.ca.gov/system/files/general/proposed-amendments-local-rules.pdf

SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN

JUDGES September 3, 2026

Kenneth C. Twisselman II John R. Brownlee Judith K. Dulcich The proposed adoption and/or amendments to the Superior Court of California,Raymonda Burnham Marquez J. Eric Bradshaw County of Kern, Local Rules of Court, and Local Forms, for January 1, 2027, have Charles R. Brehmer been posted for comment at www.kern.courts.ca.gov. A hard copy of the proposals Bryan K. Stainfield Susan M. Gill is available on request. Jose R. Benavides John W. Lua 1. Chapter I. General RulesThomas S. Clark Brian M. McNamara 2. Chapter IV. Traffic Rules David R. Zulfa 3. Chapter VI. Family Law Rules Marcos R. Camacho 4. Chapter VII. Juvenile Court MattersDavid Wolf Kenneth R. Green Jr. 5. Chapter VIII. Probate Matters Tiffany Organ-Bowles Gloria J. Cannon Gregory A. Pulskamp Public comments can be sent by email to WMadmin@kern.courts.ca.gov or mail to Chad A. Louie the following address: Jason W. Webster Bernard C. Barmann, Jr. Wendy Avila Tara Leal Lisa Pacione Court Executive OfficerAndrew B. Kendall Christie Canales Norris Superior Court of California, County of Kern Michael A. Caves 1415 Truxtun AvenueT. Mark Smith Dawn Bittleston Bakersfield, CA 93301 Stephanie R. Childers Marcus Cuper Tanya R. Richard All comments must be received by 5:00 p.m. on Wednesday, October 28, 2026. Bradley King Donald B. Griffith Keenan Perkins Cole McKnight Respectfully, William J. Schlaerth Sally Ackerknecht Jennifer Feige

COURT COMMISSIONERS

Gina M. Cervantes Murray Robertson Tara Leal Brett V. Myers Court Executive Officer Kevin Moran James Green Superior Court of California, County of Kern Samantha K. G. Allen Thurman Owen Cynthia Espinosa

COURT EXECUTIVE OFFICER CLERK OF THE COURT

Tara Leal

Superior Court of California County of Kern 1415 Truxtun Avenue Bakersfield, CA 93301 (661) 610-6000

Number 1: Proposed Amendment to Local Rule Chapter I. General Rules Rule 1.8.1 Additional Court Fees (Effective 7/1/14; rev. 1/1/20; rev. 1/1/22; rev. 1/1/23; rev. 1/1/24; rev. 7/1/24; rev. 1/1/27)

The Superior Court of California, County of Kern will charge the following fees:

(a) – (c) ***

1. – (4) ***

5. Fee of $14.50 17.00 for every quarter hour or portion thereof for media platform copies,
transfers, recordings, and processing: (Effective 1/1/22; rev. 7/1/24; rev. 1/1/27)

a) media platform copies, transfers, recordings, and processing; (Effective 1/1/22; rev.
7/1/24)

b) making photocopies from hardcopies; and (Effective 1/1/22)

c) search fees. (Effective 1/1/22; renum. 7/1/24)

6. Postage/Shipping (envelope provided by Court) for hardcopies: (Effective 7/1/14; rev.
1/1/20; rev. 1/1/22; rev. 1/1/27)

a) Fee for hard copies:

Number of pages Total Cost
1-15 pages - $ 2.13 1.45
16-30 pages - $ 2.73 4.05
31-45 pages - $ 3.13 5.15
46-60 pages - $ 3.73 5.95
61-75 pages - $ 4.13 6.70

7. b) Fee Postage for Media Disc (i.e., CD, DVD) – $ 4.86 3.85 (Effective 7/1/14; rev. 1/1/20;
rev. 1/1/22; rev. 1/1/27)

The Court reserves the right to increase adjust these fees when the cost of postage is
increased changed by the U.S. Postal Service, or when administrative or supply cost
change. A summary of the calculations and documentation that support any increases in
additional fees are available upon written request from: (Effective 7/1/14; rev. 1/1/20; rev.
1/1/22; rev. 1/1/27)

Superior Court of California, County of Kern
Accounting Division
1415 Truxtun Avenue
Bakersfield, CA 93301

(d) ***

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Number 2: Proposed Amendment to Local Rule Chapter I. General Rules Rule 1.10 Electronic Filing and Service (Effective 1/1/12; renum. 1/1/13; rev. 1/1/17; rev. 7/1/18; rev. 1/1/19; rev. 7/1/19; rev. 7/1/20; rev. 1/1/21; rev. 1/1/23; rev. 1/1/24; rev. 1/1/25; rev. 7/1/26; rev. 1/1/27)

(a) – (k) ***

(l) Certain documents/filings are not eligible for submission through electronic filing and must be submitted in hard copy format. These documents include: (Effective 7/1/18; rev. 7/1/19; rev. 1/1/21; rev. 1/1/24; renum. 1/1/25; rev. 7/1/26; rev. 1/1/27)

1. Any and all documents deemed sealed by California Rules of Court or statute;
2. Any and all documents requested or intended to be sealed by the Court;
3. Subpoenaed documents;
4. Bonds;
5. Undertakings;
6. Civil Bench Warrants;
7. Original Contracts/Instruments;
8. Over-sized Documents/Exhibits;
9. Sister-State Judgments;

10. Affidavits re Real Property of Small Value;
11. Original Wills/Codicils; and
12. Any appeal-related documents, including notices of appeal; and
13. 12. Electronic evidence.

(m) ***

(n) Applications for entry of a judgment that include an instrument, contract, or written obligation must may be filed electronically filed and the original instrument must be filed at the Clerk’s office via conventional methods. The Court shall have discretion to accept a copy of the original instrument, contract or written obligation, in lieu of the original. If filed, tThe original document(s) will then be cancelled and merged if the judgment is entered, after which the document will then be imaged and maintained in the electronic court record. The submitted document(s) will then be returned to the proffering party for safekeeping. Parties must provide a suitable method of return along with the submitted document(s). If no method of return is included, the document(s) will be shredded and recycled. (Effective 7/1/18; rev. 7/1/19; renum. 1/1/21; renum. 1/1/25; rev. 1/1/27)

(o) – (q) ***

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Number 3: Proposed Adoption of Local Rule Chapter IV. Traffic Rules

Rule 4.5 Traffic Convictions (Effective 1/1/27)

If a Defendant is found guilty, the guilty conviction will be transmitted to the Department of Motor

Vehicles and will remain in place unless the Defendant prevails on a trial de novo. If the Defendant prevails on a trial de novo, the Clerk of Court shall transmit an amendment to the Department of Motor Vehicles to remove the conviction from Defendant’s driving record.

(Renumber current Rule 4.5) Number 4: Proposed Amendment to Local Rule Chapter VI. Family Law Rules

Rule 6.3.3 Calendar Conflicts (Effective 7/1/03; rev. 1/1/06; rev. 1/1/27)

In the event an attorney will be unable to appear at the time scheduled for a hearing, of a calendar conflict preventing or delaying a hearing, the attorney with the conflict shall notify the Court using the Attorney Late Line Protocol set forth in Rule of Court 6.3.5 and, to the extent possible, the opposing counsel or unrepresented party, at the earliest opportunity. If notice is not given pursuant to this Rule, the Court may award attorney’s fees impose any of the remedies listed in Rule of Court 6.2.

Number 5: Proposed Adoption of Local Rule Chapter VI. Family Law Rules

Rule 6.3.4 Special Appearances (Effective 1/1/27)

If an attorney of record elects to have another attorney specially appear on their behalf at a

scheduled hearing, the attorney of record must notify the Court who will make a special appearance at the hearing. If the attorney making a special appearance cannot timely appear in the department at the time set for hearing, the attorney of record must also notify the court and, to the extent possible, the opposing counsel or unrepresented party, that the attorney making a special appearance will be late. The attorney of record may use the Attorney Late Line Protocol set forth in Rule of Court 6.3.5 to notify the court that an attorney will specially appear at the hearing and, if necessary, that the attorney making a special appearance will be late. Failure to comply with this Rule may result in the Court imposing any of the remedies listed in Rule of Court 6.2.

(Renumber current Rule 6.3.4 & Rule 6.3.5) Number 6: Proposed Amendment to Local Rule Chapter VII. Juvenile Court Matters

Rule 7.0.1 Ex Parte Request for Hearing and Orders (Effective 1/1/20; rev. 1/1/27)

(a) Any Ex Parte Request for Hearing must be submitted to the court on the Request for Ex-Parte Hearing (Juvenile) local mandatory form KRN SUP CRT JV-2645. Before submitting ex parte orders to the judge or referee for approval, the applicant must give notice of, and a copy of the application for ex parte orders, to all counsel, or explain the reason notice has not been given.

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(b) An opposing party must advise the court of opposition to the request as soon as possible after receiving notice of the request, unless present any written opposition to a request for ex parte orders to the courtroom clerk within 48 hours of receipt of notice or may have their opposition is noted on the ex parte application form. Unless the court is advised there is an no objection or request for hearing, the ex parte request may will be heard or decided no sooner than 48 hours without a hearing, or the request may be set for a hearing. after its submission. The Court may render its decision on the ex parte application or set the matter for hearing, unless an opposition is filed in which case the matter will be set for a hearing. The applicant shall notify all persons entitled to notice of any hearing date set by the court. Number 7: Proposed Amendment to Local Rule Chapter VIII. Probate Matters Rule 8.3.2.1 Matters Not Ready for Hearing (Effective 7/1/03; rev. 7/1/09; rev. 1/1/10; rev. 1/1/13; rev. 7/1/16; rev. and renum. 7/1/18; rev. 1/1/27)

(a) All matters set for hearing are reviewed in advance by the probate examiner's office. Examiner’s notes (also known as “Probate Notes”) are posted on the Kern County Superior Court website as a “Comment” on each hearing. Any documents submitted to resolve examiner’s notes shall be filed by 9:00 a.m. 5:00 p.m. two three court days prior to the hearing date, or they may not be considered by the court, and the matter may be continued. (Effective 1/1/13; rev. 7/1/16; rev. 1/1/27)

(b) On the call of the calendar, matters not ready for hearing normally may be dropped from calendar. A matter is considered not ready for hearing if notices, supplements, proofs of service, or other documentation curing all discrepancies other than strictly court determined matters are not filed prior to 9:00 a.m. 5:00 p.m. at least three two (2) court days before the hearing. (Effective 7/1/03; rev. 7/1/09; rev. 1/1/10; rev. 1/1/13, rev. 7/1/18; rev. 1/1/27)

Number 8: Proposed Adoption of Local Rule Chapter VIII. Probate Matters

Rule 8.3.2.2 Withdrawal of Motion (Effective 1/1/27)

Upon the filing of a Notice of Withdrawal of Motion and verification of the following conditions, the Probate Clerk’s office will vacate the hearing set by the motion. No additional notice will be provided. The Probate Clerk’s office will confirm that no objections to the motion have been filed, that the party submitting the Notice of Withdrawal is the same party who filed the motion, that the Notice of Withdrawal has been properly served, and that the Notice of Withdrawal clearly identifies the specific motion being withdrawn. If any of these conditions are not met, the motion will remain on calendar for hearing.

(Renumber current Rule 8.3.2.2) Number 9: Proposed Adoption of Local Form

Response to Probate Notes – KRN SUP CRT PR-XXXX

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KRN SUP CRT PR-XXXX ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: FOR COURT USE ONLY NAME: FIRM NAME: STREET ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO.: FAX NO. E-MAIL ADDRESS: ATTORNEY FOR (name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN Juvenile Justice Center 2100 College Avenue Bakersfield, CA 93305 ESTATE OF ☐ GUARDIANSHIP OF CONSERVATORSHIP OF☐ ☐ TRUST OF☐ CASE NAME:

CASE NUMBER:

RESPONSE TO PROBATE NOTES

HEARING DATE: TIME: DEPT:

Use this form to respond to the Probate notes listed on the Court’s website at www.kern.courts.ca.gov under Divisions – Probate.

Make sure you respond to each Probate Note in order by copying or writing out the note on this form and writing your response immediately after the note or notes to which you are responding. Attach additional signed pages as needed.

I have read this Response to Probate Notes and know its contents. The matters stated are true to my own knowledge, except as to the matters which are stated upon information or belief, and as to those matters I believe them to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at this day of , 20 .

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

Approved for Optional Use RESPONSE TO PROBATE NOTES Page 1 of 2 KRN SUP CRT PR-XXXX [Adopted x/x/xx]

KRN SUP CRT PR-XXXX CASE NAME: CASE NUMBER:

I have read this Response to Probate Notes and know its contents. The matters stated are true to my own knowledge, except as to the matters which are stated upon information or belief, and as to those matters I believe them to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at this day of , 20 .

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

Approved for Optional Use RESPONSE TO PROBATE NOTES Page 2 of 2 KRN SUP CRT PR-XXXX [Adopted x/x/xx]