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State statute

Tulare — Local Rules

California foreclosure, tax-defaulted, court-ordered and probate-sale law and official procedures — verbatim and citable.

Edition
2026-09-26
Last updated
2026-09-28
Jurisdiction
Tulare County

Tulare — Local Rules

Exceptions & meaning →

Page 1

TULARE COUNTY SUPERIOR COURT LOCAL RULES

VISALIA County Civic Center 221 South Mooney Boulevard Visalia, CA 93291 559-730-5000

DINUBA 640 South Alta Avenue Dinuba, CA 93618 559-595-6400

SOUTH COUNTY JUSTICE CENTER 300 East Olive Avenue Porterville, CA 93257 559-782-3700

JUVENILE JUSTICE CENTER 11200 Avenue 368 Visalia, CA 93291 559-738-2300

1 (Revised 07/01/2026)

Exceptions & meaning →

Page 2

TABLE OF CONTENTS LIST OF LOCAL FORMS FOR USE IN THE TULARE COUNTY SUPERIOR COURT ....9 TABLE OF RULE MODIFICATIONS EFFECTIVE JULY 1, 2026 .......................................16 CHAPTER 1 - GENERAL ADMINISTRATION OF THE COURT ........................................25

Exceptions & meaning →

Rule 100 — Hours of Operation; Coin Will Not Be Accepted For Payment…

Rule 100 - Hours of Operation; Coin Will Not Be Accepted For Payment ................................. 25

Exceptions & meaning →

Rule 101 — Objectives and Availability of Local Rules…

Rule 101 - Objectives and Availability of Local Rules ................................................................ 25

Rule 102 — Amendment of Rules…

Rule 102 - Amendment of Rules .................................................................................................. 25

Rule 103 — Sanctions…

Rule 103 - Sanctions ..................................................................................................................... 25

Rule 104 — Weapons and Oleoresin Capsicum (Pepper Spray)…

Rule 104 - Weapons and Oleoresin Capsicum (Pepper Spray) .................................................... 26

Exceptions & meaning →

Rule 105 — Gang-Related Clothing and Personal Property…

Rule 105 - Gang-Related Clothing and Personal Property ........................................................... 26

Exceptions & meaning →

Rule 106 — Electronic Devices in Courtroom…

Rule 106 - Electronic Devices in Courtroom ................................................................................ 26

Rule 106.1 — Electronic Recording Devices in Courthouse Facilities…

Rule 106.1 - Electronic Recording Devices in Courthouse Facilities .......................................... 27

Exceptions & meaning →

Rule 106.2 — Use of Law Enforcement Body Cameras Prohibited in Courthouse…

Rule 106.2 - Use of Law Enforcement Body Cameras Prohibited in Courthouse ....................... 27

Exceptions & meaning →

Rule 107 — Smoking, Food, & Drinks…

Rule 107 - Smoking, Food, & Drinks ........................................................................................... 27

Rule 108 — CourtCall Telephonic Appearance of Counsel/Parties…

Rule 108 - CourtCall Telephonic Appearance of Counsel/Parties ............................................... 28

Exceptions & meaning →

Rule 109 — Appointment of Counsel…

Rule 109 - Appointment of Counsel ............................................................................................. 28

Rule 110 — Court Order to Deposit Money with Clerk of Superior Court…

Rule 110 - Court Order to Deposit Money with Clerk of Superior Court .................................... 28

Exceptions & meaning →

Rule 111 — Jurors…

Rule 111 - Jurors ........................................................................................................................... 29

Rule 112 — Proposed Jury Instructions and Verdict Forms (Omitted 01/01/09)…

Rule 112 - Proposed Jury Instructions and Verdict Forms (Omitted 01/01/09) ........................... 29

Exceptions & meaning →

Rule 113 — Reimbursement of Waived Fees…

Rule 113 - Reimbursement of Waived Fees ................................................................................. 29

Rule 114 — Fax Filing…

Rule 114 - Fax Filing .................................................................................................................... 29

Rule 115 — Court Reporters…

Rule 115 - Court Reporters ........................................................................................................... 29

Rule 115.1 — Delivery of Court Reporter Transcripts to the Court…

Rule 115.1 - Delivery of Court Reporter Transcripts to the Court ............................................... 30

Exceptions & meaning →

Rule 116 — Copying and Reproducing Official Court Records…

Rule 116 - Copying and Reproducing Official Court Records ..................................................... 30

Exceptions & meaning →

Rule 117 — Electronic Filing…

Rule 117 - Electronic Filing .......................................................................................................... 30

Rule 118 — Elimination of Bias…

Rule 118 – Elimination of Bias ..................................................................................................... 31

Rule 119 — Traffic Infractions – Ability to Pay Program…

Rule 119 - Traffic Infractions – Ability to Pay Program .............................................................. 31

Rule 120 — Civil Assessments…

Rule 120 - Civil Assessments ....................................................................................................... 31

Rule 121 — Judges’ Vacation Day…

Rule 121 – Judges’ Vacation Day ................................................................................................. 32 CHAPTER 2 - ORGANIZATION OF COURT ..........................................................................33

Rule 200 — Presiding Judge…

Rule 200 - Presiding Judge ........................................................................................................... 33

Rule 201 — Departments of the Court…

Rule 201 - Departments of the Court ............................................................................................ 33

Rule 202 — Superior Court Executive Officer/Jury Commissioner…

Rule 202 - Superior Court Executive Officer/Jury Commissioner ............................................... 33

Exceptions & meaning →

Rule 203 — Superior Court Commissioners and Referees…

Rule 203 - Superior Court Commissioners and Referees ............................................................. 34

Exceptions & meaning →

Rule 204 — Attorneys Volunteering to Sit as Judge Pro Tem…

Rule 204 - Attorneys Volunteering to Sit as Judge Pro Tem ........................................................ 34

Exceptions & meaning →

Rule 205 — Grand Jury Selection…

Rule 205 - Grand Jury Selection ................................................................................................... 34

Rule 206 — Executive Committee (Omitted 07/01/25)…

Rule 206 - Executive Committee (Omitted 07/01/25) .................................................................. 34

Exceptions & meaning →

Rule 207 — Complaint Procedure…

Rule 207 – Complaint Procedure .................................................................................................. 34 CHAPTER 3 - JUDICIAL ASSIGNMENTS ...............................................................................36

Rule 300 — Court Calendar…

Rule 300 - Court Calendar ............................................................................................................ 36

Rule 301 — Setting the Calendar for Hearings and Trials…

Rule 301 - Setting the Calendar for Hearings and Trials .............................................................. 36

Rule 302 — (Omitted 07/01/11)…

Rule 302 - (Omitted 07/01/11) ...................................................................................................... 36 CHAPTER 4 - APPELLATE DIVISION .....................................................................................37

Rule 400 — Appeal Hearings…

Rule 400 - Appeal Hearings .......................................................................................................... 37

Rule 401 — Notice of Appeal…

Rule 401 - Notice of Appeal ......................................................................................................... 37

Rule 402 — Statement on Appeal or Reporter’s Transcript…

Rule 402 - Statement on Appeal or Reporter’s Transcript ........................................................... 37

2 (Revised 07/01/2026)

Exceptions & meaning →

Page 3

Rule 403 — Briefs on Appeal…

Rule 403 - Briefs on Appeal ......................................................................................................... 37

Rule 404 — Proof of Service…

Rule 404 - Proof of Service .......................................................................................................... 38

Rule 405 — Orders Extending or Shortening Time…

Rule 405 - Orders Extending or Shortening Time ........................................................................ 38

Rule 406 — Oral Argument…

Rule 406 - Oral Argument ............................................................................................................ 38

Rule 407 — Decisions…

Rule 407 - Decisions ..................................................................................................................... 38

Rule 408 — Writs and/or Need for Ex Parte Hearing…

Rule 408 - Writs and/or Need for Ex Parte Hearing ..................................................................... 38

Rule 409 — Record on…

Rule 409 - Record on Appeal........................................................................................................ 38 CHAPTER 5 - PRESENTATION, FILING, AND SERVICE OF COURT PAPERS .............39

Rule 500 — Statements of Decision, Orders, Judgments, and Decrees…

Rule 500 - Statements of Decision, Orders, Judgments, and Decrees .......................................... 39

Exceptions & meaning →

Rule 501 — Submission of Written…

Rule 501 - Submission of Written Orders..................................................................................... 39

Rule 502 — Presentation of Documents and Service of Orders…

Rule 502 - Presentation of Documents and Service of Orders ..................................................... 39

Exceptions & meaning →

Rule 503 — Entry of Court Orders in Minutes…

Rule 503 - Entry of Court Orders in Minutes ............................................................................... 39

Rule 504 — Guardian ad Litem Forms…

Rule 504 - Guardian ad Litem Forms ........................................................................................... 39

Rule 505 — Self-Addressed Stamped Envelope for Conformed Copies…

Rule 505 - Self-Addressed Stamped Envelope for Conformed Copies ........................................ 39

Exceptions & meaning →

Rule 506 — Filing of Form with Writing on Each Side (Omitted 07/01/25)…

Rule 506 - Filing of Form with Writing on Each Side (Omitted 07/01/25) ................................. 40 CHAPTER 6 - MANAGING CIVIL CASES ...............................................................................41

Exceptions & meaning →

Rule 600 — Case Management…

Rule 600 - Case Management Conference.................................................................................... 41

Rule 601 — Policy…

Rule 601 - Policy .......................................................................................................................... 42

Rule 602 — Reduction of Unnecessary Paperwork and Avoidance of Unnecessary Court

Rule 602 - Reduction of Unnecessary Paperwork and Avoidance of Unnecessary Court Appearances .................................................................................................................................. 42

Exceptions & meaning →

Rule 603 — Case…

Rule 603 - Case Designation......................................................................................................... 43

Rule 604 — Service of Complaint…

Rule 604 - Service of Complaint .................................................................................................. 43

Rule 605 — Arbitration…

Rule 605 - Arbitration ................................................................................................................... 43

Rule 606 — Settlement Conference…

Rule 606 - Settlement Conference ................................................................................................ 44

Rule 607 — Continuances; Taking a Matter Off Calendar…

Rule 607 - Continuances; Taking a Matter Off Calendar ............................................................. 45

Exceptions & meaning →

Rule 608 — Pretrial Motions - In Limine and Evidentiary Hearings…

Rule 608 - Pretrial Motions - In Limine and Evidentiary Hearings ............................................. 45

Exceptions & meaning →

Rule 609 — Uninsured Motorist Cases…

Rule 609 - Uninsured Motorist Cases ........................................................................................... 46

Rule 610 — Bankruptcy…

Rule 610 - Bankruptcy .................................................................................................................. 46

Rule 611 — Trial Readiness…

Rule 611 - Trial Readiness ............................................................................................................ 46 CHAPTER 7 - CIVIL LAW AND MOTION ...............................................................................47

Rule 700 — Preemption…

Rule 700 - Preemption .................................................................................................................. 47

Rule 701 — Adoption of Tentative Ruling System…

Rule 701 - Adoption of Tentative Ruling System ........................................................................ 47

Rule 702 — Once Tentative Ruling Has Issued, Party Cannot Take a Matter Off Calendar…

Rule 702 - Once Tentative Ruling Has Issued, Party Cannot Take a Matter Off Calendar ......... 47

Exceptions & meaning →

Rule 703 — Courtesy Copy to Research Attorney - Omitted (7/1/2018)…

Rule 703 - Courtesy Copy to Research Attorney - Omitted (7/1/2018) ....................................... 47

Exceptions & meaning →

Rule 704 — Scheduling Civil Ex Parte…

Rule 704 - Scheduling Civil Ex Parte Hearings............................................................................ 47

Rule 705 — Judicial Notice Request…

Rule 705 - Judicial Notice Request ............................................................................................... 48

Rule 706 — Guardian Ad Litem Appointments and Compromise of Minors’ Claims…

Rule 706 - Guardian Ad Litem Appointments and Compromise of Minors’ Claims ................... 48

Exceptions & meaning →

Rule 707 — Affirmative Duty to Explore Annuity for Minor’s Compromise…

Rule 707 - Affirmative Duty to Explore Annuity for Minor’s Compromise ................................ 49

Exceptions & meaning →

Rule 708 — Attorney Fees on a Default Action on Note or Contract…

Rule 708 - Attorney Fees on a Default Action on Note or Contract ............................................. 49

Exceptions & meaning →

Rule 709 — Actions Arising Under The California Environmental Quality Act…

Rule 709 - Actions Arising Under The California Environmental Quality Act ........................... 49 CHAPTER 8 - CRIMINAL TRIALS AND PRETRIAL MATTERS .......................................51

Exceptions & meaning →

Rule 800 — Placing of Matters on Calendar…

Rule 800 - Placing of Matters on Calendar ................................................................................... 51

Rule 801 — Copy of Pleadings to be Delivered to Trial Judge…

Rule 801 - Copy of Pleadings to be Delivered to Trial Judge ...................................................... 51

Exceptions & meaning →

Rule 802 — Setting for Trial and Pretrial Motions in Felony Cases…

Rule 802 - Setting for Trial and Pretrial Motions in Felony Cases .............................................. 51

Exceptions & meaning →

Rule 803 — Criminal Law and Motion…

Rule 803 - Criminal Law and Motion ........................................................................................... 51

Rule 804 — Pretrial…

Rule 804 - Pretrial Motions........................................................................................................... 51

3 (Revised 07/01/2026)

Page 4

Rule 805 — Presentation, Filing, and Motion Requirements…

Rule 805 - Presentation, Filing, and Motion Requirements ......................................................... 52

Exceptions & meaning →

Rule 806 — Ex Parte Hearing for Order Shortening Time…

Rule 806 - Ex Parte Hearing for Order Shortening Time ............................................................. 52

Exceptions & meaning →

Rule 807 — Application for Modification of Sentence or Probation Terms…

Rule 807 - Application for Modification of Sentence or Probation Terms .................................. 52

Exceptions & meaning →

Rule 808 — Pretrial Conferences in Felony Cases, Proposed Jury Instructions, and…

Rule 808 - Pretrial Conferences in Felony Cases, Proposed Jury Instructions, and Verdict Forms ....................................................................................................................................................... 52

Exceptions & meaning →

Rule 809 — Extended Hearing…

Rule 809 - Extended Hearing ........................................................................................................ 53

Rule 810 — Criminal Trials…

Rule 810 - Criminal Trials ............................................................................................................ 53

Rule 811 — Continuances of Criminal Matters…

Rule 811 - Continuances of Criminal Matters .............................................................................. 53

Rule 812 — Attorney’s Appearance, Representation, and Withdrawal…

Rule 812 - Attorney’s Appearance, Representation, and Withdrawal .......................................... 54

Exceptions & meaning →

Rule 813 — Domestic Violence Coordination Rules…

Rule 813 - Domestic Violence Coordination Rules ...................................................................... 54

Rule 814 — Electronic Filing of Accusatory…

Rule 814 - Electronic Filing of Accusatory Pleadings.................................................................. 55 CHAPTER 9 - FAMILY LAW MATTERS .................................................................................56

Rule 900 — Subject Matter of the Family Law Division; Application of Rules; and…

Rule 900 - Subject Matter of the Family Law Division; Application of Rules; and Sanctions .... 56

Exceptions & meaning →

Rule 901 — Notice of Assignment and Setting Matters for Hearing…

Rule 901 - Notice of Assignment and Setting Matters for Hearing .............................................. 56

Exceptions & meaning →

Rule 902 — Presentation of Documents – Omitted (07/01/24)…

Rule 902 - Presentation of Documents – Omitted (07/01/24) ...................................................... 56

Exceptions & meaning →

Rule 902.1 — Rules Specific to Child Custody and Visitation Matters…

Rule 902.1 - Rules Specific to Child Custody and Visitation Matters ......................................... 56

Exceptions & meaning →

Rule 903 — Matters Off Calendar…

Rule 903 - Matters Off Calendar .................................................................................................. 57

Rule 904 — Continuances…

Rule 904 - Continuances ............................................................................................................... 57

Rule 905 — Hearings Estimated to Take More Than 20 Minutes…

Rule 905 - Hearings Estimated to Take More Than 20 Minutes .................................................. 57

Exceptions & meaning →

Rule 906 — Family Centered Case Resolution…

Rule 906 - Family Centered Case Resolution ............................................................................... 57

Rule 906.1 — Service of Case Information Sheet (Omitted 07/01/25)…

Rule 906.1 - Service of Case Information Sheet (Omitted 07/01/25) ........................................... 58

Exceptions & meaning →

Rule 907 — Emergency Short Notice Hearings…

Rule 907 - Emergency Short Notice Hearings .............................................................................. 58

Rule 908 — Omitted (01/01/18)…

Rule 908 - Omitted (01/01/18) ...................................................................................................... 59

Rule 909 — Omitted (01/01/18)…

Rule 909 - Omitted (01/01/18) ...................................................................................................... 59

Rule 910 — Omitted (07/01/11)…

Rule 910 - Omitted (07/01/11) ...................................................................................................... 59

Rule 911 — Omitted (01/01/18)…

Rule 911 - Omitted (01/01/18) ...................................................................................................... 59

Rule 912 — Omitted (01/01/18)…

Rule 912 - Omitted (01/01/18) ...................................................................................................... 59

Rule 913 — Omitted (01/01/18)…

Rule 913 - Omitted (01/01/18) ...................................................................................................... 59

Rule 914 — Failure to Appear/Tardiness…

Rule 914 - Failure to Appear/Tardiness ........................................................................................ 59

Rule 915 — Preparation of Order After Hearing…

Rule 915 - Preparation of Order After Hearing ............................................................................ 59

Rule 916 — Adoption of Schedule for Temporary Spousal Support Awards…

Rule 916 - Adoption of Schedule for Temporary Spousal Support Awards ................................ 59

Exceptions & meaning →

Rule 917 — Income and Expense Declaration…

Rule 917 - Income and Expense Declaration ................................................................................ 59

Rule 918 — Child Support and the Tulare County Department of Child Support Services…

Rule 918 - Child Support and the Tulare County Department of Child Support Services ........... 60

Exceptions & meaning →

Rule 919 — Mandatory Child Custody Recommending Counseling and Confidential Voluntary

Rule 919 - Mandatory Child Custody Recommending Counseling and Confidential Voluntary Mediation Sessions in Child Custody and/or Visitation Matters .................................................. 61

Exceptions & meaning →

Rule 920 — Custody Evaluations…

Rule 920 - Custody Evaluations ................................................................................................... 62

Rule 921 — Custody Orders and Agreements…

Rule 921 - Custody Orders and Agreements ................................................................................ 63

Rule 922 — Settlement Conference Statement…

Rule 922 - Settlement Conference Statement ............................................................................... 63

Rule 923 — Court’s Dismissal Pursuant to Delay Reduction Guidelines…

Rule 923 - Court’s Dismissal Pursuant to Delay Reduction Guidelines ...................................... 64

Exceptions & meaning →

Rule 924 — Entry of Default…

Rule 924 - Entry of Default .......................................................................................................... 64

Rule 925 — Omitted 01/01/10…

Rule 925 - Omitted 01/01/10 ........................................................................................................ 64

Rule 926 — Parties Not Represented…

Rule 926 - Parties Not Represented .............................................................................................. 64

Rule 927 — Early Disposition…

Rule 927 - Early Disposition Conferences.................................................................................... 65

Rule 928 — Procedures for Entry of Judgment and Common Child Support Orders…

Rule 928 - Procedures for Entry of Judgment and Common Child Support Orders .................... 65

Exceptions & meaning →

Rule 929 — Family and Juvenile Court Management of Child Abuse Cases…

Rule 929 - Family and Juvenile Court Management of Child Abuse Cases ................................ 65

4 (Revised 07/01/2026)

Exceptions & meaning →

Page 5

Rule 930 — Self Help Resource Center/Family Law Facilitator - Resource for People Who

Rule 930 - Self Help Resource Center/Family Law Facilitator - Resource for People Who Represent Themselves .................................................................................................................. 67

Exceptions & meaning →

Rule 931 — Domestic Violence Coordination Rules…

Rule 931 - Domestic Violence Coordination Rules ...................................................................... 67

Rule 932 — Complaints Regarding Minor’s Counsel in Family Law…

Rule 932 - Complaints Regarding Minor’s Counsel in Family Law ............................................ 68

Exceptions & meaning →

Rule 933 — Appointment of Elisor…

Rule 933 - Appointment of Elisor ................................................................................................. 68

Rule 934 — Venue…

Rule 934 - Venue .......................................................................................................................... 69

Rule 935 — Processing and Maintaining Reports and Declarations from Supervised Visitation

Rule 935 – Processing and Maintaining Reports and Declarations from Supervised Visitation Providers ....................................................................................................................................... 69

Exceptions & meaning →

Rule 936 — Electronic Submission of Petitions for Domestic Violence Restraining Orders…

Rule 936 – Electronic Submission of Petitions for Domestic Violence Restraining Orders ........ 70

Exceptions & meaning →

Rule 937 — Remote Appearances at Family Law Hearings, Including Petitions for Domestic

Rule 937 – Remote Appearances at Family Law Hearings, Including Petitions for Domestic Violence Restraining Orders ......................................................................................................... 70

Exceptions & meaning →

Rule 938 — Evidentiary Hearings…

Rule 938 – Evidentiary Hearings .................................................................................................. 70 CHAPTER 10 - PROBATE MATTERS.......................................................................................72 PART ONE. General .................................................................................................................. 72

Rule 1000 — Calendar and Procedural Matters…

Rule 1000 - Calendar and Procedural Matters .............................................................................. 72

Rule 1001 — Hearing Procedures…

Rule 1001 - Hearing Procedures ................................................................................................... 73

Rule 1002 — Contested Matters…

Rule 1002 - Contested Matters ..................................................................................................... 74

Rule 1003 — Ex Parte Matters…

Rule 1003 - Ex Parte Matters ........................................................................................................ 74

Rule 1004 — Probate Referee Procedures…

Rule 1004 - Probate Referee Procedures ...................................................................................... 75

Rule 1005 — Accountings and Final…

Rule 1005 - Accountings and Final Distributions......................................................................... 75

Rule 1006 — Family Allowance…

Rule 1006 - Family Allowance ..................................................................................................... 76 PART TWO. Guardianships and Conservatorships .............................................................. 77

Rule 1007 — Procedures for Temporary and General Guardianships…

Rule 1007 - Procedures for Temporary and General Guardianships ............................................ 77

Exceptions & meaning →

Rule 1008 — Procedures for Temporary and General Probate Conservatorships…

Rule 1008 - Procedures for Temporary and General Probate Conservatorships .......................... 77

Exceptions & meaning →

Rule 1009 — Orientation Program – (Omitted 07/01/25)…

Rule 1009 - Orientation Program – (Omitted 07/01/25) ............................................................... 78

Exceptions & meaning →

Rule 1010 — Ex Parte Motions for Temporary Conservatorships – (Omitted 07/01/25)…

Rule 1010 - Ex Parte Motions for Temporary Conservatorships – (Omitted 07/01/25) .............. 78

Exceptions & meaning →

Rule 1011 — Providing Information – (Omitted 07/01/25)…

Rule 1011 - Providing Information – (Omitted 07/01/25) ............................................................ 78

Exceptions & meaning →

Rule 1012 — Out of State Conservators…

Rule 1012 - Out of State Conservators ......................................................................................... 78

Rule 1013 — Care Plans…

Rule 1013 - Care Plans ................................................................................................................. 78

Rule 1014 — Independent Exercise of Powers…

Rule 1014 - Independent Exercise of Powers ............................................................................... 78

Rule 1015 — Surety Bonds…

Rule 1015 - Surety Bonds ............................................................................................................. 79

Rule 1016 — Sanctions…

Rule 1016 - Sanctions ................................................................................................................... 79

Rule 1017 — Termination…

Rule 1017 - Termination ............................................................................................................... 79

Rule 1018 — Accountings for Conservatorships and Guardianships…

Rule 1018 - Accountings for Conservatorships and Guardianships ............................................. 79

Exceptions & meaning →

Rule 1019 — Conflict of Interest…

Rule 1019 - Conflict of Interest .................................................................................................... 80

Rule 1020 — Final Distribution in Conservatorships and Guardianships…

Rule 1020 - Final Distribution in Conservatorships and Guardianships ...................................... 80

Exceptions & meaning →

Rule 1021 — Limited Conservatorships…

Rule 1021 - Limited Conservatorships ......................................................................................... 80 PART THREE. Lanterman-Petris-Short Act (LPS) Conservatorships ............................... 81

Rule 1022 — Individualized Treatment Plan…

Rule 1022 - Individualized Treatment Plan .................................................................................. 81

Rule 1023 — Venue (Omitted…

Rule 1023 – Venue (Omitted 07/01/25)........................................................................................ 82

Rule 1024 — Change of Venue (Omitted 07/01/25)…

Rule 1024 - Change of Venue (Omitted 07/01/25) ....................................................................... 82

Rule 1025 — Orders…

Rule 1025 – Orders ....................................................................................................................... 82

Rule 1026 — Definitions…

Rule 1026 – Definitions ................................................................................................................ 82

Rule 1027 — Services Subject to Compensation…

Rule 1027 - Services Subject to Compensation ............................................................................ 82

Rule 1028 — Costs Subject to Reimbursement…

Rule 1028 - Costs Subject to Reimbursement .............................................................................. 83

5 (Revised 07/01/2026)

Page 6

Rule 1029 — Appointment of Counsel/Prosecuting Agency…

Rule 1029 - Appointment of Counsel/Prosecuting Agency .......................................................... 83

Exceptions & meaning →

Rule 1030 — Appointment of Hearing Officers…

Rule 1030 - Appointment of Hearing Officers ............................................................................. 83

Rule 1031 — Calendars…

Rule 1031 – Calendars .................................................................................................................. 83

Rule 1032 — Calendaring Hearings…

Rule 1032 - Calendaring Hearings ................................................................................................ 84

Rule 1033 — Date of Hearings…

Rule 1033 - Date of Hearings ....................................................................................................... 84

Rule 1034 — Filing Petitions, Schedule for certification review Hearings, Original Riese

Rule 1034 - Filing Petitions, Schedule for certification review Hearings, Original Riese Medication Capacity Hearings, Writs of Habeas Corpus, and Riese Medication Capacity Writs/Appeals Hearings ................................................................................................................ 84

Exceptions & meaning →

Rule 1035 — Applications for Writ Seeking Release or Modification of Custody…

Rule 1035 - Applications for Writ Seeking Release or Modification of Custody ........................ 84

Exceptions & meaning →

Rule 1036 — Writ of Habeas Corpus and Riese Medication Capacity Writ/Appearance…

Rule 1036 - Writ of Habeas Corpus and Riese Medication Capacity Writ/Appearance .............. 85

Exceptions & meaning →

Rule 1037 — Burden…

Rule 1037 – Burden ...................................................................................................................... 85

Rule 1038 — Compliance with Welfare and Institutions Code…

Rule 1038 - Compliance with Welfare and Institutions Code ...................................................... 85

Exceptions & meaning →

Rule 1039 — Burden…

Rule 1039 - Burden ....................................................................................................................... 85

Rule 1040 — Procedures…

Rule 1040 - Procedures ................................................................................................................. 85

Rule 1041 — Certification Review Hearing Finding Contested by Writ of Habeas Corpus…

Rule 1041 - Certification Review Hearing Finding Contested by Writ of Habeas Corpus .......... 87

Exceptions & meaning →

Rule 1042 — Scope and Purpose…

Rule 1042 - Scope and Purpose .................................................................................................... 87

Rule 1043 — Petition…

Rule 1043 - Petition ...................................................................................................................... 87

Rule 1044 — Documents (Omitted 07/01/26)…

Rule 1044 – Documents (Omitted 07/01/26) ................................................................................ 87

Rule 1045 — Calendaring Hearings…

Rule 1045 - Calendaring Hearings ................................................................................................ 87

Rule 1046 — Interpreter Services…

Rule 1046 - Interpreter Services ................................................................................................... 88

Rule 1047 — Attorney Duties…

Rule 1047 - Attorney Duties ......................................................................................................... 88

Rule 1048 — Patient Representation…

Rule 1048 - Patient Representation ............................................................................................... 88

Rule 1049 — Treating Physician/Facility Counsel…

Rule 1049 - Treating Physician/Facility Counsel ......................................................................... 88

Rule 1050 — Surroundings of Hearing…

Rule 1050 - Surroundings of Hearing ........................................................................................... 88

Rule 1051 — Burden…

Rule 1051 - Burden ....................................................................................................................... 88

Rule 1052 — Determination of Capacity…

Rule 1052 - Determination of Capacity ........................................................................................ 88

Rule 1053 — Patient Presence…

Rule 1053 - Patient Presence ........................................................................................................ 89

Rule 1054 — Access to Records…

Rule 1054 - Access to Records ..................................................................................................... 89

Rule 1055 — Continuance of Hearings…

Rule 1055 - Continuance of Hearings ........................................................................................... 89

Rule 1056 —…

Rule 1056 - Determination............................................................................................................ 89

Rule 1057 — Confidentiality…

Rule 1057 - Confidentiality .......................................................................................................... 89

Rule 1058 — Riese Medication Capacity Appeals…

Rule 1058 - Riese Medication Capacity Appeals ......................................................................... 89 PART FOUR. Compensation of Fiduciaries and Attorneys .................................................. 89

Rule 1059 — Compensation of Fiduciaries and Attorneys…

Rule 1059 - Compensation of Fiduciaries and Attorneys ............................................................. 89 PART FIVE. Bonds .................................................................................................................... 92

Exceptions & meaning →

Rule 1060 — Bonds…

Rule 1060 - Bonds ........................................................................................................................ 92 PART SIX. Decedent Estates ..................................................................................................... 93

Rule 1061 — Sales of Real Property…

Rule 1061 - Sales of Real Property ............................................................................................... 93

Rule 1062 — Claims of Personal Representative and Attorneys of Record…

Rule 1062 - Claims of Personal Representative and Attorneys of Record ................................... 94 PART SEVEN. Adoptions ......................................................................................................... 94

Exceptions & meaning →

Rule 1063 — Adoption Proceedings…

Rule 1063 - Adoption Proceedings ............................................................................................... 94 CHAPTER 11 - JUVENILE COURT ...........................................................................................95

Rule 1100 — Presiding Judge and Hearing Officers…

Rule 1100 - Presiding Judge and Hearing Officers ...................................................................... 95

Rule 1101 — Juvenile Court Commissioners and…

Rule 1101 - Juvenile Court Commissioners and Referees............................................................ 95

6 (Revised 07/01/2026)

Exceptions & meaning →

Page 7

Rule 1102 — Location and Schedule of Juvenile…

Rule 1102 – Location and Schedule of Juvenile Court................................................................. 96

Exceptions & meaning →

Rule 1103 — Filing of…

Rule 1103 - Filing of Documents.................................................................................................. 96

Rule 1104 — Motion Requirements…

Rule 1104 - Motion Requirements ................................................................................................ 96

Rule 1105 — Documenting Notice of Hearings…

Rule 1105 - Documenting Notice of Hearings ............................................................................. 97

Rule 1106 — Ex Parte Orders in Dependency Cases…

Rule 1106 - Ex Parte Orders in Dependency Cases ...................................................................... 97

Rule 1107 — Appointment of Child Advocates (CASA)…

Rule 1107 - Appointment of Child Advocates (CASA) ............................................................... 98

Exceptions & meaning →

Rule 1108 — Authorization for Use of Psychotropic…

Rule 1108 - Authorization for Use of Psychotropic Drugs........................................................... 99

Exceptions & meaning →

Rule 1109 — Medical, Surgical, Dental Care…

Rule 1109 - Medical, Surgical, Dental Care ................................................................................. 99

Rule 1110 — Discovery…

Rule 1110 - Discovery .................................................................................................................. 99

Rule 1111 — Confidentiality of Juvenile Court Records…

Rule 1111 - Confidentiality of Juvenile Court Records .............................................................. 100 Rule 1112 - Access to the Courtroom by Non-parties. ............................................................... 101

Exceptions & meaning →

Rule 1113 — Media Requests for Observing, Interviewing, Photographing, Videotaping, or…

Rule 1113 - Media Requests for Observing, Interviewing, Photographing, Videotaping, or Voice Recording of Minors or their Families, in a Non-Courtroom Setting and Requests for Access to Certain Facilities. ........................................................................................................................ 101 Rule 1114 - Inspection and Disclosure of Juvenile Court Records (Omitted 07/01/26). ........... 102

Exceptions & meaning →

Rule 1115 — Ex Parte Restraining Orders - Juvenile Dependency…

Rule 1115 - Ex Parte Restraining Orders - Juvenile Dependency .............................................. 102

Exceptions & meaning →

Rule 1116 — Dependency - Designation of Permanent Mailing Address…

Rule 1116 - Dependency - Designation of Permanent Mailing Address .................................... 102

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Rule 1117 — Motion to Challenge Legal Sufficiency of Petition…

Rule 1117 - Motion to Challenge Legal Sufficiency of Petition ................................................ 102

Exceptions & meaning →

Rule 1118 — Presentation of Evidence - Dependency Cases Only…

Rule 1118 - Presentation of Evidence - Dependency Cases Only .............................................. 102

Exceptions & meaning →

Rule 1119 — Modifications of Orders (Welf. & Inst. Code, §§ 386, 387, and 388, and Cal.…

Rule 1119 - Modifications of Orders (Welf. & Inst. Code, §§ 386, 387, and 388, and Cal. Rules of Court, rules 5.560 and 5.570) ................................................................................................. 103

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Rule 1120 — Representation of Parties Relating to Dependency…

Rule 1120 - Representation of Parties Relating to Dependency ................................................. 103

Exceptions & meaning →

Rule 1121 — Appointment for Children…

Rule 1121 - Appointment for Children ....................................................................................... 105

Rule 1122 — Family and Juvenile Court Management of Child Abuse Cases (This rule is…

Rule 1122 - Family and Juvenile Court Management of Child Abuse Cases (This rule is repeated in Family Law, rule 929 ) ........................................................................................................... 105

Exceptions & meaning →

Rule 1123 — Juvenile Dependency, Juvenile Delinquency, Family, and Probate Courts Exchange

Rule 1123 - Juvenile Dependency, Juvenile Delinquency, Family, and Probate Courts Exchange of Information ............................................................................................................................. 107

Exceptions & meaning →

Rule 1124 — Exchange of Information among CWS, Service Providers, and Schools in…

Rule 1124 - Exchange of Information among CWS, Service Providers, and Schools in Juvenile - Dependency Cases ...................................................................................................................... 108

Exceptions & meaning →

Rule 1125 — Domestic Violence Coordination Rules…

Rule 1125 - Domestic Violence Coordination Rules .................................................................. 108 CHAPTER 12 - PROCEEDINGS FOR COMMITMENT OF PERSONS WITH DEVELOPMENTAL DISABILITIES; HABEAS CORPUS PROCEEDINGS PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTIONS 4800 AND 7250; PROCEEDINGS PURSUANT TO IN RE HOP (1981) 29 Cal.3d 82 ......................................109

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Rule 1200 — Commitment of Persons with Developmental Disabilities…

Rule 1200 - Commitment of Persons with Developmental Disabilities ..................................... 109

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Rule 1201 — Hearing Requirements…

Rule 1201 - Hearing Requirements ............................................................................................. 109

Rule 1202 — Omitted (07/01/11)…

Rule 1202 - Omitted (07/01/11) .................................................................................................. 110 APPENDIX 1 - SETTLEMENT CONFERENCE CHECK LIST .................................................111 APPENDIX 2 - PROOF OF SERVICE DECLARATION ............................................................112 APPENDIX 3 - CERTIFICATE OF COMPETENCY ...................................................................113 APPENDIX 4 - APPLICATION re ORDER and FACTS .............................................................114 APPENDIX 5 - OMITTED 01/01/2020 .........................................................................................115 APPENDIX 6 - ORDER APPOINTING REGIONAL CENTER .................................................116 APPENDIX 7 - INCREASED BID IN OPEN COURT ................................................................117 APPENDIX 8 - COUNSEL SERVICES AND FEES ...................................................................118 APPENDIX 9 - REQUEST FOR EXTENSION OF TIME TO FILE...........................................119

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APPENDIX 10 - PETITION AND ORDER RE HEARING TO REVIEW CASE .......................120 APPENDIX 11 - DECLARATION RE NOTICE OF EX PARTE APPLICATION .....................121 STANDING ORDERS ...................................................................................................................121 NO. 01 - 001 .................................................................................................................................122 NO. 01 - 002 .................................................................................................................................124 NO. 05 - 003 .................................................................................................................................125 NO. 05 - 004 .................................................................................................................................126 NO. 05 - 005 .................................................................................................................................129 NO. 07 - 006 .................................................................................................................................131 NO. 08 - 007 .................................................................................................................................132 NO. 17 - 008 .................................................................................................................................137 SUBJECT MATTER INDEX .........................................................................................................139

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LIST OF LOCAL FORMS FOR USE IN THE TULARE COUNTY SUPERIOR COURT (Mandatory Unless Noted Otherwise)

Copies of the following forms are included in the Tulare County Superior Court Local Rules as indicated: Form Page Location Appendix 1 Settlement Conference Checklist………………………….. Appendix 2 Proof of Service Declaration . . . . . . . . . . . . . . . . . . . . . . . Appendix 3 Certificate of Competency . . . . . . . . . . . . . . . . . . . . . . . . . Appendix 4 Application re Order and Facts – for Optional Use . . . . . . Appendix 5 Notification of Address . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix 6 Order Appointing Regional Center . . . . . . . . . . . . . . . . . . Appendix 7 Increased Bid in Open Court . . . . . . . . . . . . . . . . . . . . . . . Appendix 8 Counsel Services and Fees ………………………………… Appendix 9 Request for Extension of Time to File . . . . . . . . . . . . . . . . Appendix 10 Petition and Order re Hearing to Review Case . . . . . . . . Appendix 11 Declaration re Notice of Ex Parte Application . . . . . . . .

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The following forms are located on the court’s website at https://www.tulare.courts.ca.gov on the Local Forms page. These forms are for mandatory use unless otherwise specified: CIVIL Declaration of Judgment Debtor Regarding Satisfaction of CIV-001 Eff. 07/01/2016 Judgment (CCP 116.850(c)) (Optional) Notice of Motion/Motion for Order Setting Aside CIV-002 Rev. 03/17/2026 Default/Judgement/Stay (Optional) Order on Motion for Order Setting Aside CIV-003 Eff. 08/01/2019 Default/Judgement/Stay (Optional) Request for Refund of Court Filing Fees (Optional) CIV-004 Eff. 01/01/2023 COLLECTIONS

Advisement and Waiver of Rights for Bail Forfeiture COL-001 Rev. 05/01/2018 Advisement and Waiver of Rights for Bail Forfeiture – Spanish COL-002 Rev. 06/01/2018 Collection Installment Application COL-003 Rev. 04/01/2023 Collection Installment Application – Spanish COL-004 Rev. 04/01/2023 Correspondence to Commissioner (Optional) COL-005 Rev. 07/15/2024 Correspondence to Commissioner - Spanish (Optional) COL-006 Rev. 07/15/2024 FAMILY

Findings and Order After Hearing - Fillable (Optional) FAM-001 Rev. 05/07/2025 Findings and Order After Hearing - No Lines (Optional) FAM-001 Rev. 05/07/2025 Settlement Conference Statement/Trial Brief (Optional) FAM-002 Eff. 07/01/2016 Child Custody and Visitation Declaration Attachment FAM-003 Eff. 07/01/2016 (Optional) Child Support Modification Declaration Attachment (Optional) FAM-004 Eff. 07/01/2016 Attachment to Judgment - Child Custody & Visitation FAM-005 Eff. 05/06/2024 (Optional) Attachment to Judgment - Child Support (Optional) FAM-006 Eff. 05/06/2024 Attachment to Judgment - Child Support Payable (Optional) FAM-007 Eff. 05/06/2024 Attachment to Judgment - Spousal Support (Optional) FAM-008 Eff. 02/27/2025 Attachment to Judgment - Property Division (Optional) FAM-009 Eff. 05/06/2024 Attachment to Judgment - (Lines) Other Orders (Optional) FAM-010A Eff. 05/06/2024 Attachment to Judgment - (No Lines) Other Orders (Optional) FAM-010B Eff. 05/06/2024 Petition for Grandparent Visitation (Optional) FAM-011 Rev. 09/01/2022 Stipulated Order for Case Transfer FAM-012 Eff. 07/01/2016

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(num. chg. 08/03/2022) Declaration of Supervised Visitation Provider - Non- FAM-013 Rev. 11/21/2024 Professional Declaration of Due Diligence FAM-014 Eff. 12/05/2023 Stipulation for Court Commissioner to Act as Temporary Judge FAM-015 Rev. 04/22/2024 Order Appointing Expert FAM-016 Rev. 10/18/2024 Stipulation to Request Case Transfer FCS-601 Eff. 07/01/2016

FAMILY COURT SERVICES

Instructions for Family Court Services (FCS) Online FCS-001 Rev. 07/22/2022 Orientation/Intake and Counseling Service Instructions for Family Court Services (FCS) Online FCS-001a Rev. 08/26/2022 Orientation/Intake and Counseling Service - Spanish

Minor Marriage Pre-Age (Minor) Marriage Questionnaire FCS-200 Rev. 11/19/2024 Pre-Age (Minor) Marriage Questionnaire - Spanish FCS-201 Eff. 07/01/2016 Certification of Premarital Counseling FCS-202 Rev. 06/08/2023

PROBATE GUARDIANSHIPS & CONSERVATORSHIPS

Petition to Transfer Venue of Guardianship or Conservatorship PRO-007 Eff. 08/01/2029 (Optional) (num. chg. 08/29/2022) Declaration of Due Diligence PRO-008 Rev. 08/29/2022 (num. chg.)

Guardianships Objection to Guardianship (Optional) PRO-002 Eff. 07/01/2016 Petition re: Visitation - Guardianships (Optional) PRO-003 Rev. 08/29/2022 (num. chg.) Guardianship Questionnaire PRO-004 Eff. 09/01/2019 (num. chg. 08/29/2022) Termination of Guardianship Questionnaire PRO-009 Eff. 01/03/2023 Termination Petition Attachment 5 PRO-010 Eff. 01/05/2023

Conservatorships Confidential Contact Information (Optional) PRO-001 Eff. 07/01/2016

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Confidential Conservatorship Questionnaire PRO-006 Rev. 03/17/2025

STEP-PARENT ADOPTION

Declaration of Due Diligence in Support of a Request for an ADO-001 Eff. 07/01/2016 Order of Publication or For Order Dispensing with Notice (Optional) Petition to Declare Minor Free from Parental Custody and ADO-002 Eff. 07/01/2016 Control and Terminate Rights (num. chg. 08/03/2022) Declaration of Custodial Parent ADO-003 Eff. 07/01/2016 (num. chg. 08/03/2022) Citation for Freedom from Parental Custody ADO-004 Eff. 07/01/2016 (num. chg. 08/03/2022) Application and Order for Publication or Dispensing with ADO-005 Eff. 07/01/2016 Notice to Alleged Father on Petition to Terminate Parental (num. chg. 08/03/2022) Rights Findings and Order of the Court on the Petition to Declare ADO-006 Eff. 07/01/2016 Minor(s) Free from Parental Custody and Control and (num. chg. 08/03/2022) Terminate Parental Rights Stepparent or Domestic Partner Adoption Informational ADO-007 Eff. 07/01/2016 Questionnaire (num. chg. 08/03/2022) Stepparent or Domestic Partner Adoption Informational FCS-506 Rev. 01/01/2024 Questionnaire

JUVENILE

Declaration in Support of Request to Inspect and/or Copy JUV-001 Eff. 07/01/2026 Juvenile Court Records with a Court Order

MISCELLANEOUS

Request for Permission to Use Electronic Device – Private TCSC-001 Rev. 01/01/2020 Attorney or Unrepresented Party Request for Permission to Use Electronic Device on All Cases TCSC-002 Rev. 01/01/2020 Assigned

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The following are the court forms listed in alphabetical order:

Court Form Advisement and Waiver of Rights for Bail Forfeiture COL-001 Rev. 05/01/2018

Advisement and Waiver of Rights for Bail Forfeiture – Spanish COL-002 Rev. 06/01/2018

Application and Order for Publication or Dispensing with Notice ADO-005 Eff. 07/01/2016 to Alleged Father on Petition to Terminate Parental Rights (num. chg. 08/03/2022) Attachment to Judgment - (Lines) Other Orders (Optional) FAM-010A Eff. 05/06/2024

Attachment to Judgment - (No Lines) Other Orders (Optional) FAM-010B Eff. 05/06/2024

Attachment to Judgment - Child Custody & Visitation (Optional) FAM-005 Eff. 05/06/2024

Attachment to Judgment - Child Support (Optional) FAM-006 Eff. 05/06/2024

Attachment to Judgment - Child Support Payable (Optional) FAM-007 Eff. 05/06/2024

Attachment to Judgment - Property Division (Optional) FAM-009 Eff. 05/06/2024

Attachment to Judgment - Spousal Support (Optional) FAM-008 Eff. 02/27/2025

Certification of Premarital Counseling FCS-202 Rev. 06/08/2023

Child Custody and Visitation Declaration Attachment (Optional) FAM-003 Eff. 07/01/2016

Child Support Modification Declaration Attachment (Optional) FAM-004 Eff. 07/01/2016

Citation for Freedom from Parental Custody ADO-004 Eff. 07/01/2016 (num. chg. 08/03/2022) Collection Installment Application COL-003- Rev. 04/01/2023 2016-M Collection Installment Application – Spanish COL-004- Rev. 04/01/2023 2016-M Confidential Conservatorship Questionnaire PRO-006 Rev. 03/17/2025

Confidential Contact Information (Optional) PRO-001 Eff. 07/01/2016

Correspondence to Commissioner - Spanish (Optional) COL-006 Rev. 07/15/2024

Correspondence to Commissioner (Optional) COL-005 Rev. 07/15/2024

Declaration in Support of Request to Inspect and/or Copy JUV-001 Eff. 07/01/2026 Juvenile Court Records with a Court Order Declaration of Custodial Parent ADO-003 Eff. 07/01/2016 (num. chg. 08/03/2022) Declaration of Due Diligence FAM-014 Eff. 12/05/2023

Declaration of Due Diligence PRO-008 Rev. 08/29/2022 (num. chg.)

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Declaration of Due Diligence in Support of a Request for an ADO-001 Eff. 07/01/2016 Order of Publication or For Order Dispensing with Notice (Optional) Declaration of Judgment Debtor Regarding Satisfaction of CIV-001 Eff. 07/01/2016 Judgment (CCP 116.850(c)) (Optional) Declaration of Supervised Visitation Provider - Non-Professional FAM-013 Rev. 11/21/2024

Findings and Order After Hearing - Fillable (Optional) FAM-001 Rev. 05/07/2025

Findings and Order After Hearing - No Lines (Optional) FAM-001 Rev. 05/07/2025

Findings and Order of the Court on the Petition to Declare ADO-006 Eff. 07/01/2016 Minor(s) Free from Parental Custody and Control and Terminate (num. chg. 08/03/2022) Parental Rights Guardianship Questionnaire PRO-004 Eff. 09/01/2019 (num. chg. 08/29/2022) Instructions for Family Court Services (FCS) Online FCS-001 Rev. 07/22/2022 Orientation/Intake and Counseling Service Instructions for Family Court Services (FCS) Online FCS-001a Rev. 08/26/2022 Orientation/Intake and Counseling Service - Spanish Notice of Motion/Motion for Order Setting Aside CIV-002 Rev. 03/17/2026 Default/Judgement/Stay (Optional) Objection to Guardianship (Optional) PRO-002 Eff. 07/01/2016

Order Appointing Expert FAM-016 Rev. 10/18/2024

Order on Motion for Order Setting Aside Default/Judgement/Stay CIV-003 Eff. 08/01/2019 (Optional) Petition for Grandparent Visitation (Optional) FAM-011 Rev. 09/01/2022

Petition re: Visitation - Guardianships (Optional) PRO-003 Rev. 08/29/2022 (num. chg.) Petition to Declare Minor Free from Parental Custody and ADO-002 Eff. 07/01/2016 Control and Terminate Rights (num. chg. 08/03/2022) Petition to Transfer Venue of Guardianship or Conservatorship PRO-007 Eff. 08/01/2029 (Optional) (num. chg. 08/29/2022) Pre-Age (Minor) Marriage Questionnaire FCS-200 Rev. 11/19/2024

Pre-Age (Minor) Marriage Questionnaire - Spanish FCS-201 Eff. 07/01/2016

Request for Permission to Use Electronic Device – Private TCSC-001 Rev. 01/01/2020 Attorney or Unrepresented Party Request for Permission to Use Electronic Device on All Cases TCSC-002 Rev. 01/01/2020 Assigned Request for Refund of Court Filing Fees (Optional) CIV-004 Eff. 01/01/2023

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Settlement Conference Statement/Trial Brief (Optional) FAM-002 Eff. 07/01/2016

Stepparent or Domestic Partner Adoption Informational ADO-007 Eff. 07/01/2016 Questionnaire (num. chg. 08/03/2022) Stipulated Order for Case Transfer FAM-012 Eff. 07/01/2016 (num. chg. 08/03/2022) Stipulation for Court Commissioner to Act as Temporary Judge FAM-015 Rev. 04/22/2024

Stipulation to Request Case Transfer FCS-601 Eff. 07/01/2016

Termination of Guardianship Questionnaire PRO-009 Eff. 01/03/2023

Termination Petition Attachment 5 PRO-010 Eff. 01/05/2023

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TABLE OF RULE MODIFICATIONS EFFECTIVE JULY 1, 2026 EFFECTIVE REVISED DATE DATE ___ CHAPTER 1 – GENERAL ADMINISTRATION OF THE COURT Rule 100 Hours of Operation; Coin Will 7/1/00 1/1/07, 1/1/10, Not Be Accepted for Payment 7/1/11, 1/1/20, 7/1/22, 7/1/25 Rule 101 Objectives and Availability of Local Rules 1/1/03 1/1/07, 1/1/16, 7/1/25 Rule 102 Amendment of Rules 7/1/00 1/1/07, 1/1/16 Rule 103 Sanctions 7/1/97 1/1/07, 7/1/25 Rule 104 Weapons and Oleoresin capsicum 7/1/97 1/1/07, 1/1/16 Rule 105 Gang-Related Clothing and Personal 1/1/03 1/1/07 Property Rule 106 Electronic Devices in Courtroom 7/1/97 1/1/07, 7/1/09, 1/1/10, 1/1/14, 7/1/17, 1/1/21, 7/1/25 Rule 106.1 Electronic Recording Devices in 7/1/17 Courthouse Facilities Rule 106.2 Use of Law Enforcement Body Cameras 7/1/17 1/1/21, 7/1/25 Prohibited in Courthouse 7/1/00 1/1/07, 1/1/14, Rule 107 Smoking, Food, Drinks 7/1/97 7/1/00, 1/1/07, 1/1/14, 7/1/25 Rule 108 CourtCall Telephonic Appearance of 1/1/03 1/1/07 Counsel/Parties Rule 109 Appointment of Counsel 7/1/97 1/1/07 Rule 110 Court Order to Deposit Money with 1/1/03 1/1/07 Clerk of Superior Court Rule 111 Jurors 1/1/03 1/1/07 Rule 112 Proposed Jury Instructions 7/1/00 1/1/07, OMITTED 1/1/09 Rule 113 Reimbursement of Waived Fees 7/1/00 1/1/07, 7/1/11 Rule 114 Fax Filing 1/1/03 1/1/07 Rule 115 Court Reporter Policy 1/1/07 1/1/09, 1/1/14, 7/1/17, 7/1/25 Rule 115.1 Delivery of Court Reporter Transcripts 7/1/17 to the Court Rule 116 Copying and Reproducing Official 1/1/07 1/1/14, 7/1/26 Court Records Rule 117 Electronic Filing 1/1/10 1/1/14, 1/1/20, 7/1/25 Rule 118 Elimination of Bias 7/1/22 7/1/25 Rule 119 Traffic Infractions – Ability to Pay Program 1/1/19 Rule 120 Civil Assessments 1/1/19 Rule 121 Judges’ Vacation Day 7/1/25

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CHAPTER 2 – ORGANIZATION OF COURT Rule 200 Presiding Judge 1/1/03 Rule 201 Departments of the Court 1/1/07 1/1/09, 1/1/11, 1/1/14, 1/1/16, 7/1/25 Rule 202 Superior Court Executive Officer/ 1/1/03 1/1/07 Jury Commissioner Rule 203 Superior Court Commissioners and 1/1/03 1/1/07, 7/1/25 Referees Rule 204 Attorneys Volunteering to Sit as Judge 1/1/07 7/1/25 Pro Tem Rule 205 Grand Jury Selection 1/1/03 1/1/07 Rule 206 Executive Committee 7/1/17 OMITTED 7/1/25 Rule 207 Complaint Procedure 7/1/25 CHAPTER 3 – JUDICIAL ASSIGNMENTS Rule 300 Court Calendar 7/1/00 1/1/07, 1/1/09, 1/1/10, 7/1/11, 1/1/14, 7/1/25 Rule 301 Setting the Calendar for Hearings 7/1/97 1/1/07, 7/1/11, And Trials 7/1/25 Rule 302 Assignment to Departments 7/1/97 1/1/07, OMITTED 7/1/11 CHAPTER 4 – APPELLATE DEPARTMENT Rule 400 Appeal Hearings 1/1/03 1/1/07, 1/1/09, 7/1/17 Rule 401 Notice of Appeal 7/1/07 1/1/09 Rule 402 Statement on Appeal or Reporter’s 7/1/00 1/1/07, 1/09, Transcript 1/1/16 Rule 403 Briefs on Appeal 1/1/07 1/1/09 Rule 404 Proof of Service 7/1/89 1/1/07, 1/1/09 Rule 405 Orders Extending or Shortening Time 7/1/00 1/1/07, 1/1/09 Rule 406 Oral Argument 6/1/83 1/1/07, 1/1/09 Rule 407 Decisions 7/1/00 1/1/07, 1/1/09 Rule 408 Writs and/or Need for Exparte Hearing 1/1/07 1/1/09, 1/1/16 Rule 409 Record on Appeal 1/1/09 CHAPTER 5 – PRESENTATION, FILING, AND SERVICE OF COURT PAPERS Rule 500 Statements of Decision, Orders, 7/1/00 1/1/07 Judgments and Decrees Rule 501 Submission of Written Orders 7/1/00 1/1/07 Rule 502 Presentation of Documents and Service 7/1/00 1/1/07 Of Orders Rule 503 Entry of Court Orders in Minutes 7/1/00 1/1/07, 1/1/23 Rule 504 Guardian ad Litem Forms 1/1/03 1/1/07, 1/1/20 Rule 505 Self-Addressed Stamped Envelope 7/1/00 1/1/07

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for Conformed Copies Rule 506 Filing of Form with Writing on Each Side 7/1/00 1/1/07, OMITTED 7/1/25 CHAPTER 6 – MANAGING CIVIL CASES Rule 600 Case Management Conference 1/1/03 1/1/07, 1/1/09, 7/1/11, 7/1/17, 7/1/24 Rule 601 Policy 1/1/03 1/1/07 Rule 602 Reduction of Unnecessary Paperwork 1/1/03 1/1/07 And Avoidance of Unnecessary Court Appearances Rule 603 Case Designation 1/1/03 1/1/07 Rule 604 Service of Complaint 7/1/97 1/1/07 Rule 605 Arbitration 7/1/97 1/1/07 Rule 606 Settlement Conference 7/1/97 1/1/07, 1/1/09, 1/1/16 Rule 607 Continuances; Taking a Matter off Calendar 7/1/97 1/1/07, 1/1/09 Rule 608 Pretrial Motions – In Limine 7/1/97 1/1/07, 1/1/09 Rule 609 Uninsured Motorist Cases 1/1/03 1/1/07 Rule 610 Bankruptcy 7/1/97 1/1/07 Rule 611 Trial Readiness 1/1/09 CHAPTER 7 – CIVIL LAW AND MOTION Rule 700 Preemption 7/1/00 1/1/07 Rule 701 Adoption of Tentative Ruling System 7/1/97 1/1/07, 7/1/17, 7/1/25 Rule 702 Once Tentative Ruling Has Issued a Party 7/1/00 1/1/07 Cannot Take a Matter off Calendar Rule 703 Courtesy Copy to Research Attorney 1/1/03 1/1/07, 7/1/17 OMITTED 07/01/18 Rule 704 Scheduling of Civil Exparte Hearings 1/1/03 1/1/07, 7/1/11 Rule 705 Judicial Notice Request 7/1/00 1/1/07 Rule 706 Guardian Ad Litem Appointments and 1/1/03 1/1/07, 7/1/11 Compromise of Minors’ Claim 1/1/20 Rule 707 Affirmative Duty to Explore Annuity for 1/1/03 1/1/07 Minors’ Compromise Rule 708 Attorney Fees on a Default Action on Note 1/1/03 1/1/07 Or Contract Rule 709 Actions Arising Under the California 1/1/03 1/1/07, 7/1/17, Environmental Quality Act 1/1/26 CHAPTER 8 – CRIMINAL TRIALS AND PRETRIAL MATTERS Rule 800 Placing of Matters on Calendar 7/1/97 1/1/07, 1/1/20 Rule 801 Copy of Pleadings to be Delivered to 1/1/03 1/1/07 Trial Judge Rule 802 Setting for Trial and Pretrial Motions in 1/1/07 Felony Cases Rule 803 Criminal Law and Motion 1/1/07 7/1/11

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Rule 804 Pretrial Motions 7/1/97 1/1/07, 7/1/11, 7/1/26 Rule 805 Presentation, Filing and Motion Requests 7/1/00 1/1/07 Rule 806 Exparte Hearing for Order Shortening Time 1/1/07 Rule 807 Application for Modification of Sentence 7/1/97 1/1/07, 7/1/11 Or Probation Terms Rule 808 Pretrial Conferences in Felony Cases 7/1/97 1/1/07, 1/1/09 Rule 809 Extended Hearing 7/1/97 1/1/07, 7/1/11, 7/1/26 Rule 810 Criminal Trials 7/1/00 1/1/07 Rule 811 Continuances on Criminal Matters 7/1/97 1/1/07, 7/1/11, 7/1/26 Rule 812 Attorney’s Appearance, Representation 7/1/97 1/1/07, 1/1/20 And Withdrawal Rule 813 Domestic Violence Coordination Rules 1/1/07 7/1/11 Rule 814 Electronic Filing of Accusatory Pleadings 1/1/10 CHAPTER 9 – FAMILY LAW MATTERS Rule 900 Enforcement 7/1/97 1/1/07, 1/1/18, 7/1/24 Rule 901 Setting Matters for Hearing 7/1/97 1/1/07, 1/1/18 7/1/24, 7/1/25 Rule 902 Presentation of Documents 7/1/97 OMITTED 7/1/24 Rule 902.1 Rules Specific to Child Custody 7/1/24 7/1/25, 7/1/26 and Visitation Matter Rule 903 Matters off Calendar 7/1/97 1/1/07, 1/1/18 Rule 904 Continuances 7/1/97 1/1/07, 1/1/18, 7/1/24 Rule 905 Hearings Estimated to Take More 7/1/97 1/1/07, 1/1/18 Than 20 Minutes Rule 906 Family Centered Case Resolution 1/1/07 7/1/11, 1/1/14, 7/1/17, 1/1/18, 7/1/24 Rule 906.1 Service of Case Management Sheet 1/1/16 7/1/24, OMITTED 7/1/25 Rule 907 Emergency Short Notice Hearings 7/1/97 1/1/07, 1/1/09, 1/1/10, 7/1/17, 1/1/18, 7/1/24, 7/1/25 Rule 908 Family Law Temporary Orders 7/1/97 1/1/07 OMITTED 1/1/18 Rule 909 Family Law Orders to Show Cause 7/1/97 1/1/07, Issued by the Clerk OMITTED 1/1/18 Rule 910 Applications for Family Law Court Orders 7/1/97 OMITTED 7/1/11 Rule 911 Pending Judgment (“Pendente Lite”) 7/1/97 1/1/07, Attorney Fees OMITTED 1/1/18 Rule 912 Meet & Confer Requirement/Settlement 7/1/00 1/1/07,

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Efforts OMITTED 1/1/18 Rule 913 Stipulations in Open Court 7/1/97 1/1/07, OMITTED 1/1/18 Rule 914 Failure to Appear/Tardiness 7/1/89 1/1/07, 1/1/18, 7/1/24 Rule 915 Preparation of Order After Hearing 7/1/97 1/1/07, 7/1/11, 1/1/14, 1/1/18, 7/1/24, 7/1/25 Rule 916 Adoption of Schedule for Temporary 7/1/00 1/1/07, 1/1/18 Spousal Support Awards Rule 917 Income and Expense Declaration/ 1/1/03 1/1/07, 1/1/18, Financial Statement 7/1/24, 7/1/25 Rule 918 Child Support and the Tulare County 1/1/03 1/1/07, 1/1/09, Department of Child Support Services 1/1/18, 1/1/21, 7/1/24 Rule 919 Mandatory Mediation in Child Custody 7/1/97 1/1/07, 1/1/09 and/or Visitation Matters 7/1/11, 1/1/18, 7/1/24 Rule 920 Custody Evaluations 1/1/03 1/1/07, 7/1/11, 1/1/18, 7/1/24 Rule 921 Custody Orders and Agreements 1/1/03 1/1/07, 7/1/11 Rule 922 Settlement Conference Statement 7/1/97 1/1/07, 7/1/24, 7/1/25 Rule 923 Court’s Dismissal Pursuant to Delay 7/1/97 1/1/07, 1/1/18 Reduction Guidelines Rule 924 Entry of Default 7/1/00 1/1/07, 1/1/18 Rule 925 Stipulation or Objection to Family Law 1/1/07 OMITTED 1/1/10 Commissioner(s) Rule 926 Parties Not Represented 7/1/97 1/1/07, 1/1/18 Rule 927 Early Disposition Conferences 7/1/97 1/1/07, 7/1/11, 1/1/18 Rule 928 Procedures for Entry of Judgment and 1/1/03 1/1/07, 1/1/18, Common Child Support Orders 1/1/20, 7/1/24, 7/1/25 Rule 929 Family and Juvenile Court Management of 7/1/00 1/1/07, 7/1/11 Child Abuse Cases 1/1/20, 7/1/24 Rule 930 Family Law Facilitator – Resource for 1/1/03 1/1/07, 1/1/09, People Who Represent Themselves 1/1/10, 1/1/18, 1/1/23, 7/1/24, 7/1/25 Rule 931 Domestic Violence Coordination Rules 1/1/07 7/1/11, 1/1/18, 7/1/24, 7/1/25, 7/1/26 Rule 932 Complaints Regarding Minor’s Counsel 1/1/10 7/1/11, 7/1/25 In Family Law Rule 933 Appointment of Elisor 1/1/18 7/1/24, 7/1/25

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Rule 934 Venue 1/1/18 7/1/24, 7/1/25 Rule 935 Processing and Maintaining Reports and 1/1/22 1/1/23, 7/1/24 Declarations from Supervised Visitation 7/1/26 Providers Rule 936 Electronic Submission of Petitions for 7/1/22 Domestic Violence Restraining Orders Rule 937 Remote Appearances at Hearings on 7/1/22 7/1/24, 7/1/25 Petitions for Domestic Violence Restraining Orders Rule 938 Evidentiary Hearings 7/1/25 CHAPTER 10 – PROBATE MATTERS Rule 1000 Calendar and Procedural Matters 7/1/97 1/1/07, 1/1/16 1/1/20, 7/1/25, 7/1/26 Rule 1001 Hearing Procedures 7/1/00 1/1/07 Rule 1002 Contested Matters 7/1/00 1/1/07, 1/1/20 Rule 1003 Exparte Matters 7/1/00 1/1/07, 1/1/20, 7/1/26 Rule 1004 Probate Referee Procedures 7/1/97 1/1/07 Rule 1005 Accountings and Final Distributions 7/1/97 1/1/07 Rule 1006 Family Allowance 7/1/97 1/1/07 Rule 1007 Procedures for Temporary and General 7/1/00 1/1/07, 1/1/09, Guardianships 1/1/10, 1/1/16, 7/1/25 Rule 1008 Procedures for Temporary and General 1/1/03 1/1/07, 7/1/25, Probate Conservatorships 7/1/26 Rule 1009 Orientation Program 1/1/03 1/1/07, 1/1/09, 1/1/18, OMITTED 7/1/25 Rule 1010 Exparte Motions for Temporary 1/1/03 1/1/07, 1/1/09, Conservatorships 1/1/23, OMITTED 7/1/25 Rule 1011 Providing Information 1/1/03 1/1/07, 1/1/09, OMITTED 7/1/25 Rule 1012 Out of State Conservators 1/1/03 1/1/07 Rule 1013 Care Plans 1/1/03 1/1/07, 1/1/09, 7/1/25 Rule 1014 Independent Exercise of Powers 7/1/97 1/1/07, 1/1/09 Rule 1015 Surety Bonds 1/1/03 1/1/07 Rule 1016 Sanctions 1/1/03 1/1/07 Rule 1017 Termination 1/1/03 1/1/07, 1/1/09, 7/1/25 Rule 1018 Accountings for Conservatorship and 7/1/97 1/1/07, 1/1/09, Guardianships 01/1/16 Rule 1019 Conflict of Interest 1/1/03 1/1/07 Rule 1020 Final Distribution in Conservatorships 7/1/97 1/1/07, 1/1/09

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and Guardianships Rule 1021 Limited Conservatorships 7/1/00 1/1/07, 7/1/07, 7/1/25 Rule 1022 Individualized Treatment Plan 1/1/07 Rule 1023 Venue 11/8/01 1/1/07, OMITTED 7/1/25 Rule 1024 Change of Venue 11/8/01 1/1/07, OMITTED 7/1/25 Rule 1025 Orders 11/8/01 1/1/07 Rule 1026 Definitions 11/8/01 1/1/07 Rule 1027 Services Subject to Compensation 11/8/01 1/1/07 Rule 1028 Costs Subject to Reimbursement 11/8/01 1/1/07 Rule 1029 Appointment of Counsel/Prosecuting 11/8/01 1/1/07 Agency Rule 1030 Appointment of Hearing Officers 11/8/01 1/1/07 Rule 1031 Calendars 11/8/01 1/1/07 Rule 1032 Calendaring Hearings 11/8/01 1/1/07 Rule 1033 Date of Hearings 11/8/01 1/1/07 Rule 1034 Filing Petitions, Schedule for Certification 11/8/01 1/1/07 Review Hearings, Original Riese Medication Capacity Hearings, Writs of Habeas Corpus & Riese Medication Capacity Writs/Appeal Hearings Rule 1035 Applications for Writ Seeking Release or 11/8/01 1/1/07, 1/1/20, Modification of Custody 7/1/26 Rule 1036 Writ of Habeas Corpus & Riese Medication 1/1/07 7/1/26 Capacity Writ/Appearance Rule 1037 Burden 11/8/01 1/1/07, 7/1/26 Rule 1038 Compliance with Welfare & Institutions 11/8/01 1/1/07 Code Rule 1039 Burden 11/8/01 1/1/07 Rule 1040 Procedures 11/8/01 1/1/07, 1/1/09, 7/1/26 Rule 1041 Certification Review Hearing Finding 11/8/01 1/1/07, 7/1/26 Contested by Write of Habeas Corpus Rule 1042 Scope and Purpose 11/8/01 1/1/07 Rule 1043 Petition 11/8/01 1/1/07, 7/1/26 Rule 1044 Documents 11/8/01 1/1/07, 1/1/20, OMITTED 7/1/26 Rule 1045 Calendaring Hearings 11/8/01 1/1/07 Rule 1046 Interpreter Services 11/8/01 1/1/07 Rule 1047 Attorney Duties 11/8/01 1/1/07, 7/1/26 Rule 1048 Patient Representation 11/8/01 1/1/07 Rule 1049 Treating Physician/Facility Counsel 11/8/01 1/1/07 Rule 1050 Surroundings of Hearing 11/8/01 1/1/07 Rule 1051 Burden 11/8/01 1/1/07

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Rule 1052 Determination of Capacity 11/8/01 1/1/07, 1/1/20, 7/1/26 Rule 1053 Patient Presence 11/8/01 1/1/07 Rule 1054 Access to Records 11/8/01 1/1/07 Rule 1055 Continuance of Hearings 11/8/01 1/1/07 Rule 1056 Determination 11/8/01 1/1/07, 7/1/26 Rule 1057 Confidentiality 11/8/01 1/1/07 Rule 1058 Riese Medication Capacity Appeals 11/8/01 1/1/07, 7/1/26 Rule 1059 Compensation of Fiduciaries and Attorneys 7/1/97 1/1/07 Rule 1060 Bonds 7/1/97 1/1/07 Rule 1061 Sales of Real Property 7/1/97 1/1/07 Rule 1062 Claims of Personal Representative and 7/1/97 1/1/07 Attorneys of Record Rule 1063 Adoption Proceedings 7/1/00 1/1/03, 1/1/07, 1/1/20, 7/1/20 CHAPTER 11 – JUVENILE COURT Rule 1100 Presiding Judge and Hearing Officers 7/1/00 1/1/07 Rule 1101 Juvenile Court Commissioners and Referees 7/1/00 1/1/07 Rule 1102 Location and Schedule of Juvenile Court 7/1/00 1/1/07, 7/1/11, 1/1/19, 7/1/26 Rule 1103 Filing of Documents 1/1/03 1/1/07, 7/1/26 Rule 1104 Motion Requirements 7/1/00 1/1/07 Rule 1105 Documenting Notice of Hearings 7/1/00 1/1/07, 1/1/20 Rule 1106 Exparte Orders In Dependency Cases 1/1/03 1/1/07 Rule 1107 Appointment of Child Advocates (CASA) 1/1/03 1/1/07 Rule 1108 Authorization for Use of Psychotropic 7/1/00 1/1/07, 1/1/20 Drugs Rule 1109 Medical, Surgical, Dental Care 1/1/03 1/1/07 Rule 1110 Discovery 7/1/00 1/1/03, 1/1/07, 7/1/11 Rule 1111 Confidentiality of Juvenile Court Records 1/1/03 1/1/07, 7/1/11, 7/1/26

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Rule 1112 — Access to Courtroom by Non-Parties 1/1/03 1/1/07

Rule 1112 Access to Courtroom by Non-Parties 1/1/03 1/1/07 Rule 1113 Media Requests for Observing, 7/1/00 1/1/07 Interviewing, Photographing, Videotaping Or Voice Recording of Minors or their Families, in a Non-Courtroom Setting and Requests for Access to Certain Facilities

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Rule 1114 — Inspection and Disclosure of Juvenile Court 7/1/00 1/1/07,

Rule 1114 Inspection and Disclosure of Juvenile Court 7/1/00 1/1/07, Records OMITTED 7/1/26 Rule 1115 Exparte Restraining Orders – Juvenile 7/1/00 1/1/07 Dependency Rule 1116 Dependency – Designation of Permanent 1/1/07 1/1/20 Mailing Address Rule 1117 Motion to Challenge Legal Sufficiency 1/1/03 1/1/07 Of Petition

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Rule 1118 Presentation of Evidence – Dependency 1/1/03 1/1/07 Cases Only Rule 1119 Modifications of Orders 1/1/03 1/1/07 Rule 1120 Representation of Parties Relating to 7/1/00 1/1/07 Dependency Rule 1121 Appointment of Children 1/1/03 1/1/07 Rule 1122 Family and Juvenile Court Management 7/1/00 1/1/07, 7/1/11, Of Child Abuse Cases 1/1/20 Rule 1123 Juvenile Dependency, Juvenile Delinquency 7/1/00 1/1/07 Family, and Probate Courts Exchange of Information Rule 1124 Exchange of Information Among CWS, 7/1/00 1/1/07 Service Providers, and Schools in Juvenile Dependency Cases Rule 1125 Domestic Violence Coordination Rules 1/1/07 7/1/11

CHAPTER 12 – PROCEEDINGS FOR COMMITMENT OF PERSONS WITH DEVELOPMENTAL DISABILITIES; HABEAS CORPUS PROCEEDINGS PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTIONS 4800 AND 7250; PROCEEDINGS PURSUANT TO IN RE HOP (1981) 29 Cal.3d 82 Rule 1200 Commitment of Persons with 1/1/03 1/1/07, 7/1/11 Developmental Disabilities Rule 1201 Requirements Prior to Hearing 1/1/03 1/1/07 Rule 1202 Filing of Individual Program Plan 1/1/03 1/1/07, OMITTED 7/1/11

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CHAPTER 1 - GENERAL ADMINISTRATION OF THE COURT Rule 100 - Hours of Operation; Coin Will Not Be Accepted For Payment The clerks' offices and telephone lines will remain open from 8:00 a.m. to 4:00 p.m. daily, excluding weekends and holidays. Drop boxes are installed in each court location except the Juvenile court to facilitate deposit of papers and fines after 4:00 p.m. and before 5:00 p.m. The documents placed in the drop box before 5:00 p.m. will be file stamped on the date deposited in the drop box. Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a noncourt day shall be deemed filed on the next court day. (Code Civ. Proc., § 1010.6, subd. (b)(3); Cal. Rules of Court, rules 2.252 and 2.253.) The court will not accept coin for payment. It is recognized that payment of coin to the court negatively impacts efficiency and cost-effectiveness. The court executive officer is the clerk of the court and a duly authorized officer of the court, and in accordance with the provisions of Government Code section 24353, a court officer, together with his/her deputies, is not required to accept any payment tendered by coin. (07/01/00) (Revised 01/01/07, 01/01/10, 07/01/11, 01/01/20, 07/01/22, 07/01/25) Rule 101 - Objectives and Availability of Local Rules The Tulare County Superior Court Local Rules are adopted pursuant to Code of Civil Procedure section 575.1. These rules set forth specific local policies and procedures and are intended to promote the efficient disposition of the business of the court. The rules are intended to augment, not restate or summarize, California Rules of Court, existing statutes, or applicable case law. The rules, although binding on attorneys and support personnel, may be departed from in the sound discretion of the court. Any judge may dispense with strict compliance with any provision of these rules in the interest of justice and upon a showing of good cause. A loose-leaf version of these rules is available for purchase from the superior court clerk’s office at the price of $10.00. They are also available on the court’s website at https://www.tulare.courts.ca.gov. (01/01/03) (Revised 01/01/07, 01/01/16, 07/01/25) Rule 102 - Amendment of Rules The court periodically reviews Local Rules for their continuing necessity and consistency with statewide rules and statutes. Amendments to Local Rules are considered and adopted by the court in accordance with the requirements of California Rules of Court, rule 10.613. Procedures related to the internal management of the court may be adopted from time to time and are not required to comply with Rule 10.613. (07/01/00) (Revised 01/01/07, 01/01/16)

Rule 103 - Sanctions Failure to comply with these rules may result in one or more of the following actions: (a) An order dropping the matter from the calendar; (b) An order continuing the matter; (c) An order based solely on the pleadings properly before the court; (d) A noticed motion by the court or any party to strike all or part of the pleading, to dismiss all or part of the action, to enter default judgment, to impose any lesser penalties provided by law, and/or to award reasonable costs, including attorney fees pursuant to Code of Civil Procedure sections 128.7, 177.5, or 575.2; Family Code section 271; Government Code section 68608(b); or California Rules of Court, rules 2.30 and 5.546(j).

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(e) Other orders as the court deems appropriate under the circumstances. (07/01/97) (Revised 01/01/07, 07/01/25) Rule 104 - Weapons and Oleoresin Capsicum (Pepper Spray) All persons entering a Tulare County court facility are subject to search by court security personnel. No firearms, explosives, weapons, or pepper spray will be permitted within any court facility. Other items determined to pose a safety hazard may also be excluded as determined by security personnel. The firearm exclusion applies to persons who are holders of a concealed weapons permit, but is not applicable to peace officers or judicial officers who are in the performance of their official duties. (07/01/97) (Revised 01/01/07, 01/01/16) Rule 105 - Gang-Related Clothing and Personal Property No person will wear gang clothing or possess gang-related personal property while on the premises of any courthouse. This will include gang insignias, monikers, color patterns, bandannas, hats, jewelry, clothing, belts, or any other clothing or personal property with any gang significance. Any person identified by courthouse security personnel or law enforcement as wearing or possessing any item of property in violation of this rule will be asked to remove the property or themselves from the courthouse. Any such property is also subject to confiscation as contraband. Violation of this order is punishable as contempt pursuant to Penal Code section 166 (maximum penalty of six months in county jail, a $500 fine, or both). Any person who resists any courthouse security or law enforcement request to comply with this rule can be punished pursuant to Penal Code section 148 (maximum penalty of one year in county jail, $1,000 fine, or both). (01/01/03) (Revised 01/01/07)

Rule 106 - Electronic Devices in Courtroom In accordance with California Rules of Court, rule 1.150 and the California Code of Judicial Ethics, Canon 3(B)(3), the Tulare County Superior Court establishes the following policy regarding the use of cell phones, blue tooth ear pieces, cameras, eyeglasses or sunglasses capable of video or audio recording, prescription or non-prescription, and other portable electronic devices (hereinafter “electronic devices” or “devices”) in the courtroom. Any use of an electronic device while court is in session is prohibited unless the party seeking to use such device is granted leave by the court to do so. Unless permission is granted to use a device, all such devices must be silenced or turned off while court is in session. A judge may require a party and/or counsel requesting permission to use an electronic device to complete in writing a form entitled “Request for Permission to Use Electronic Device” available on the Local Forms (miscellaneous) page of the Court’s web site at: https://www.tulare.courts.ca.gov. Parties and/or counsel at counsel table may use such devices for calendaring purposes (e.g. to check for available hearing dates) while court is in session without leave by the court. Court personnel (e.g. bailiffs, clerks, and/or interpreters) may use such devices if this use is in the ordinary course of their duties with the courts. Any use of electronic devices in contravention of this policy may result in the imposition of lawful penalties and sanctions including a contempt of court citation. Nothing in this policy limits the court’s authority to impose other reasonable limitations on use of these devices to maintain conditions conducive to the orderly conduct of court proceedings. (07/01/97) (Revised 01/01/07, 07/01/09, 01/01/10, 01/01/14, 07/01/17, 01/01/2021, 07/01/2025)

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Rule 106.1 - Electronic Recording Devices in Courthouse Facilities Any and all “photographing” and/or “recording” of people, things, conversations, or proceedings is strictly prohibited in any court or court related facility, including, but not limited to clerks’ offices, stairways, elevators, waiting areas, hallways, entrances, security screening stations, service areas, through windows, through doors, and with respect to any other accessible areas of court facilities, whether access was intended or not, absent written order from the Presiding Judge. Any device that appears capable of photographing, recording, or broadcasting is subject to confiscation. Media requests for an exception to this restriction may be submitted in accordance with California Rules of Court Rule 1.150(e). (07/01/17) Rule 106.2 - Use of Law Enforcement Body Cameras Prohibited in Courthouse Court users, primarily participants in various legal proceedings, have a reasonable privacy interest in their activities within the courthouse. Generally, law enforcement officers are precluded from recording communications without the consent of the parties to the communication. Penal Code 632. Law enforcement personnel participating in court proceedings would not likely have cause to activate a body worn camera while in the courthouse. Under California Rules of Court rule 1.150, the court has broad authority to regulate use of recording devices in the courthouse. See also Superior Court v. County of Mendocino (1996) 13 Cal.4th 45. The court regularly makes use of video technology to enable parties, including in-custody defendants, to appear remotely for a variety of court proceedings. Remote appearances may, in some cases, originate from jail facilities under the control of law enforcement agencies. Based on the foregoing, body-worn cameras utilized by law enforcement agencies may not be activated within any court or court related facility without prior authorization by the Presiding Judge. To the extent jail facilities being used for remote video appearances may be considered court related facilities, law enforcement personnel are authorized to use and activate body-worn cameras while transporting inmates to and from the hearing location in jail facilities for remote video appearances by in-custody defendants. Officers assigned to court security duties shall not carry body-worn cameras in any court or court related facility. Such officers are authorized to use body-worn cameras while transporting inmates to and from video hearings located in jail facilities. No other use of body-worn cameras in court and court related facilities is permitted without prior authorization by the Presiding Judge. (07/01/17), (Revised 01/01/21, 07/01/2025) Rule 107 - Smoking, Food, & Drinks (a) Smoking is prohibited in all court facilities except for designated outdoor smoking areas. (b) Food and drinks are prohibited in all public hallways and public waiting areas of all court facilities, except as follows: (1) Prospective jurors, summoned by the court to report for jury service, may bring one (1) soft plastic, factory-sealed water bottle of 20 ounces or less and/or one (1) clear, empty, non-metal refillable bottle. Summoned jurors may also bring small snack items and/or lunch bags. Lunch bags may be subject to search at the discretion of court security; (2) Court and/or county staff are exempt from this rule; (3) Exceptions may be granted by the presiding judge, or his or her designee, for meal delivery services. All meal deliveries are subject to search by court security staff. (07/01/97) (Revised 07/01/00, 01/01/07, 01/01/14, 07/01/25) Rule 108 - CourtCall Telephonic Appearance of Counsel/Parties Contact CourtCall at 888-882-6878, no later than five court days prior to the hearing, and give notice to the court and other parties of your plans to appear telephonically.

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(a) General Information - The CourtCall Telephonic Appearance Program (“CourtCall”) organizes a procedure for telephonic appearance by attorneys and/or parties as a reasonable alternative to personal appearance in appropriate cases and situations. CourtCall is fully voluntary, and no attorney is required to utilize CourtCall if he/she would rather make a personal appearance. CourtCall is available at a reasonable fixed fee to use when circumstances are appropriate. The party wishing to appear telephonically must check with the clerk of the department to see if the judicial officer in charge of that department allows a telephonic appearance. (b) Request for Permission and Notice - As stated above, the request to appear telephonically must be made directly to CourtCall at 888-882-6878, no later than five court days prior to the hearing. The party must give notice to the court and other parties of their plans to appear telephonically. All participants in CourtCall agree to abide by the rules of CourtCall, which they may obtain from CourtCall, and to pay in advance as required by CourtCall, directly to CourtCall. No cellular telephone may be used. The participant must call from a quiet place in order to hear, and be heard, without disruption to the court. (c) The court reserves the right, at any time, to reject any request for CourtCall appearance. When the court rejects a request, it will order a refund of deposited telephonic appearance fees and notify CourtCall. (01/01/03) (Revised 01/01/07) Rule 109 - Appointment of Counsel In all criminal, juvenile, and conservatorship cases where the defendant or party is without funds to employ counsel, the court will, in each instance, appoint the office of the public defender. When the public defender is unable to represent the defendant or party, the court will appoint counsel. All such appointments will be made, when possible, in accord with any existing county contract for the processing of alternative defense counsel. (07/01/97) (Revised 01/01/07) Rule 110 - Court Order to Deposit Money with Clerk of Superior Court In any civil matter in which either party is required by statute or court order to deposit money with the clerk of the superior court pending the outcome of the matter, the party will be responsible for keeping the clerk of the superior court advised of his/her current address. If a party fails to maintain a current address with the court, the party may not receive notice that the deposit is considered abandoned by the clerk of the superior court. (01/01/03) (Revised 01/01/07) Rule 111 - Jurors When a jury trial is held in a superior courthouse, other than one located in the county seat, the names for the master jury list and the qualified jury list for that trial may be selected from the area in which the trial is held. Nothing in this section precludes the court, in its discretion, from ordering a countywide venire in the interest of justice. Seated jurors will be issued a badge or other insignia identifying them as members of a trial jury. Jurors are to wear these badges at all times while present in the courthouse. As far as is practicable, jurors are to spend their recesses in the jury room or jury assembly room. A juror should not visit other courtrooms while a member of a trial jury. If the jury is taken to lunch or dinner during deliberations, the bailiff will be responsible for the conduct of the jury. Jurors must not consume any alcoholic beverage during deliberations. Jurors are to comply with all instructions given by the trial judge. (01/01/03) (Revised 01/01/07)

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Rule 112 - Proposed Jury Instructions and Verdict Forms (Omitted 01/01/09) Rule 113 - Reimbursement of Waived Fees Pursuant to Government Code section 68630 and 68637 and California Rules of Court, rule 3.57, there will be a standing order of this court that a lien exists on any money recovered by an applicant in any civil case who has had the court fees waived, except family law and unlawful detainer. If any money is received by the applicant by means of settlement or judgment, all waived fees and costs must be reimbursed to the court before the case will be dismissed. It will be the responsibility of the litigant proceeding with a fee waiver, or the attorneys if any party is represented, to notify the court within five days of any settlement or monetary consideration received in settlement or judgment by the litigant. The applicant, or his/her attorney, must see that the court’s fees and costs are reimbursed prior to any disbursement to the attorney, or the client, based upon the court’s lien. The amount of the lien can be obtained upon demand from the clerk of the court. The court may exercise any of the remedies as outlined in Government Code section 68637 to collect these fees. (07/01/00) (Revised 01/01/07, 07/01/11) Rule 114 - Fax Filing The Tulare County Superior Court will accept documents filed by a fax filing agency in accordance with the provisions of California Rules of Court, rule 2.303. The court does not have a system in place for direct fax filing, and therefore documents may not be directly faxed filed. (01/01/03) (Revised 01/01/07) Rule 115 - Court Reporters The ongoing shortage of court reporters statewide is a crisis that poses dynamic challenges to this court’s ability to reliably provide the services of an official court reporter in many cases, as the services of court reporters available at the court are very limited. Parties are encouraged to check the court’s website at https://www.tulare.courts.ca.gov/ for current announcements and information on the court’s official court reporter and electronic recording policies. (a) The court normally provides official court reporters in all felony trials and hearings, all proceedings under the Lanterman-Petris-Short Act, and all juvenile calendars. (b) The court does not normally provide official court reporters for limited civil, misdemeanor or infraction cases. Misdemeanor proceedings and contempt actions in family law matters shall be electronically recorded. (c) Unless otherwise noted on the court’s website, the court does not normally provide court reporters for the following case types: (1) Unlimited civil; (2) Probate, including guardianships; and (3) Family law, except contempt actions. (d) Parties desiring a court reporter in a case in which the court cannot provide one will need to make arrangements to have a certified court reporter available well in advance of the scheduled hearing date(s), either from the court’s approved list of qualified reporters or using the procedures specified by statute and the Rules of Court (see Government Code section 70044 and California Rule of Court 2.956). It is a party’s responsibility to arrange for and pay the outside reporter’s fee for attendance at the proceedings, but the expense may be recoverable as part of the costs, as provided by law. (e) If a party to a case type described in subdivision (c) above has been granted a fee waiver, the party may request a court reporter pursuant to California Rule of Court 2.956, subdivisions (c)(2), on the forms and pursuant to the timelines set forth in that rule. In accordance with California Rule of Court 2.956, subdivision (c)(2), an official reporter will

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be provided by the court if the fee waiver has been granted and the court is not electronically recording the proceeding as long as the request is made in a timely manner. (f) In appropriate circumstances when an official court reporter is unavailable for the proceedings in a case described in subdivision (c), the court may order the courtroom clerk to operate the department’s approved electronic recording equipment to record the proceedings in accordance with California Rule of Court 2.952. Litigants in cases where electronic recording is used to make a verbatim record of the proceedings are advised that, to provide an appellate court with a record of oral proceedings that were electronically recorded, the party seeking to provide such record will need to follow appropriate procedures to use an alternate form of the record of the oral proceedings instead of a reporter’s transcript as provided under the applicable California Rules of Court and other applicable law. (See e.g., California Rules of Court 8.134 [agreed statement in civil appeals], 8.137 [agreed statement in civil appeals], 2.952 [written transcript of electronic recordings].) (01/01/07) (Revised 01/01/09, 01/01/14, 07/01/17, 07/01/2025)

Rule 115.1 - Delivery of Court Reporter Transcripts to the Court Effective July 1, 2017, in all case types, any court reporter utilized to report court proceedings shall file all appellate and court ordered transcripts electronically via YesLaw or other court approved vendor and/or process. This rule applies to Court employees, per diem and pro tempore court reporters. (07/01/17)

Rule 116 - Copying and Reproducing Official Court Records The court’s policies for file retrieval and photocopying are available on the court’s website here: https://www.tulare.courts.ca.gov/policy-record-viewing-and-copying. A member of the public requesting to view and duplicate, on the premises of the court, a record that is accessible to the public shall be allowed to use the requester’s equipment on court premises, without charge, in a manner that does not require the equipment to make physical contact with the record, to the extent permitted, and subject to the limitations imposed, by Government Code section 68150. (01/01/07) (Revised 01/01/14, 07/01/26) Rule 117 - Electronic Filing Effective January 1, 2014, the court permits the electronic filing of documents in any action or proceeding specified on the court’s electronic filing page on the court’s website (https://www.tulare.courts.ca.gov) subject to and in accordance with California Code of Civil Procedure section 1010.6 and California Rules of Court, rules 2.250-2.261. Additional information concerning electronic filing availability, requirements, and procedures can be found through the eFiling tab on the court’s website. (01/01/10) (Revised 01/01/14, 01/01/2020, 07/01/25) Rule 118 – Elimination of Bias The Superior Court of Tulare County is committed to ensuring that every interaction with the court, in courtroom proceedings or outside of them, is fair and impartial to all participants. The court has an established regional Committee on the Elimination of Bias, entitled “Kern-Tulare Elimination of Bias Committee. The Committee has adopted the procedures, goals and guidelines contained within standard 10.20 of title 10 of the Standards of Judicial Administration set forth in the California Rules of Court. The purpose of the committee is to assist the court in maintaining a courthouse environment free of bias and the appearance of bias. The court will ensure that the public can easily access existing information about how to make a complaint regarding bias in court interactions based on a protected classification, and the rule regarding

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such complaints is Rule 207. The Committee will continue to sponsor or support educational programs designed to eliminate unconscious or explicit bias within the court and legal communities. (07/01/2022) (Revised 07/01/2025) Rule 119 - Traffic Infractions – Ability to Pay Program The Superior Court of Tulare County is participating in the pilot program for online adjudication of traffic infractions. The pilot program is sponsored by the Judicial Council and authorized in division 17, chapter 1.5 of the Vehicle Code (sections 40280–40288). Under this program, a defendant may request an ability-to-pay determination for Vehicle Code infractions using procedures authorized in section 40283. The request may be made through an online tool, accessible through the Court’s website, or in person. Because this program is in its pilot stage, it may be subject to change. Additional information about the program is, or soon will be, posted on the Court’s website, and will be updated as needed. (01/01/2019)

Rule 120 - Civil Assessments Upon full payment of any delinquent fine where a civil assessment pursuant to Penal Code 1214.1 is imposed, the court delegates the following authority to the court collections clerk:

If the delinquent fine is paid within forty-five (45) days of imposition of the Civil

Assessment, the collections clerk will reduce the Civil Assessment to $100.00

If the delinquent fine is paid within forty-six to sixty (46-60) days of imposition of the Civil

Assessment, the collections clerk will reduce the Civil Assessment to $150.00.

If the delinquent fine is paid within sixty-one to ninety (61-90) days of imposition of the Civil Assessment, the collections clerk will reduce the Civil Assessment to $200.00

If the delinquent fine is paid more than ninety (90) days from imposition of the Civil

Assessment, no reduction of the Civil Assessment by the collections clerk is permitted. (01/01/2019)

Rule 121 – Judges’ Vacation Day A day of vacation for a judge of the court is an approved absence for one full business day. Other absences from the court listed in California Rules of Court, rule 10.603(c)(2)(H) are excluded from this definition. (07/01/2025)

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CHAPTER 2 - ORGANIZATION OF COURT Rule 200 - Presiding Judge The court will select a presiding judge for a term of two years in accordance with the provisions of California Rules of Court, rule 10.602. The presiding judge is responsible for leading the court, establishing policies and allocating resources in a manner that promotes access to justice for all members of the public, providing a forum for the fair and expeditious resolution of disputes, maximizing the use of judicial and other resources, increasing efficiency in court operations, and enhancing service to the public in accordance with the provisions of California Rules of Court, rule 10.603. (01/01/03) Rule 201 - Departments of the Court There will be as many departments of this court as there are judicial officers of the court. The presiding judge will designate specific departments to hear juvenile matters, probate matters, criminal matters, civil matters, and family law matters. All Limited Civil, Unlimited Civil, and Family Law matters filed in any division of the court shall be assigned, at the direction of the Presiding Judge, to a judge for all purposes, including trial, upon filing of the initial pleading or upon notice of transfer from another county or division. Notice of the all- purpose judicial assignment will be provided by the clerk by entering the assignment on the face page of the initial pleading at the time of filing and on all copies submitted. Any challenge to a judge must be made within 15 days of the filing of the initial pleading and/or first appearance pursuant to California Code of Civil Procedure (hereinafter CCP) section 170.6(a)(2) under the all-purpose assignment rule. All Juvenile matters shall be assigned for all purposes as of the date of filing the initial pleading based on the alphabetical assignment specified in the court’s Judicial Assignments Order (available on the court’s website at https://www.tulare.courts.ca.gov) according to the last name of the first plaintiff or petitioner. Any challenge to a judge must be made within 15 days of the filing of the complaint/petition and/or first appearance pursuant to California Code of Civil Procedure (hereinafter CCP) section 170.6(a)(2) under the all-purpose assignment rule. The presiding judge will appoint one judge to be the presiding judge of the juvenile court who, to the extent possible, will remain in that position for at least three years. All misdemeanor cases in any division of the court shall be assigned for all purposes pursuant the Judicial Assignments Order from the date of filing the initial pleading. Judicial challenges must be made within 10 days of filing the complaint and/or first appearance pursuant to CCP 170.6(a)(2) under the all-purpose assignment rule. In felony cases in any division of the court, the Judicial Assignments Order designates the judge for trial after the preliminary hearing pursuant to the alphabet as set forth in the order. Any judicial challenge must be made within 10 days after the defendant is held to answer pursuant to CCP section 170.6(a)(2) under the all-purpose assignment rule. (01/01/07), (Revised 01/01/09, 01/01/11, 01/01/14, 01/01/16, 07/01/25) Rule 202 - Superior Court Executive Officer/Jury Commissioner The court executive officer/jury commissioner is appointed to hold office at the pleasure of the court (Code Civ. Proc., § 195). Under the direction of the presiding judge, the court executive officer is responsible for overseeing the management and administration of the non-judicial operations of the court and allocating resources in a manner that promotes access to justice for all members of the public, providing a forum for the fair and expeditious resolution of disputes, maximizing the use of judicial and other resources, increasing efficiency in court operations, and

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enhancing service to the public (Cal. Rules of Court, rule 10.610). (01/01/03) (Revised 01/01/07) Rule 203 - Superior Court Commissioners and Referees Any superior court commissioner or referee will act in the capacity of judge pro tem, if so appointed by a majority of the superior court judges and stipulated to by the parties. The stipulation may be expressed, oral, and/or implied by the conduct of a party, or a party’s attorney, by not objecting to the commissioner acting as a temporary judge upon the first appearance, or within the time specified in a local rule when the local rule gives notice that a commissioner routinely acts as a temporary judge and specifies how an objection must be made. Commissioners and referees will have been members of the State Bar of California for a period of not less than 10 years. Commissioners and referees will serve at the pleasure of the judges. (01/01/03) (Revised 01/01/07, 07/01/25) Rule 204 - Attorneys Volunteering to Sit as Judge Pro Tem Any attorney wanting to sit as a judge pro tem must comply with California Rules of Court, rules 2.810-2.819. The state has imposed mandatory educational requirements before the court can approve an attorney to act as a judge pro tem. (See the court’s website at https://www.tulare.courts.ca.gov and related links to obtain the necessary training regarding a judge pro tem; and the application necessary for prior court approval to be able to qualify as a judge pro tem.) (01/01/07) (Revised 07/01/25) Rule 205 - Grand Jury Selection A grand jury will be drawn and impaneled by the presiding judge of the superior court once each fiscal year commencing July 1, pursuant to the procedures set forth in Penal Code sections 888 et seq. (01/01/03) (Revised 01/01/07) Rule 206 - Executive Committee (Omitted 07/01/25)

Rule 207 – Complaint Procedure (a) Complaints against court employees must be submitted in writing to the Chief Executive Officer of the Court. The Chief Executive Officer will have the discretion to not consider complaints that are made anonymously. (b) Complaints against judicial officers must be submitted in writing to the presiding judge or to the Commission on Judicial Performance. If the complaint is regarding the presiding judge, the complaint must be submitted to the assistant presiding judge. The presiding judge, or assistant presiding judge if the complaint is regarding the presiding judge, will have the discretion to not consider complaints that are made anonymously. (c) If a disability prevents a complainant from submitting the complaint in writing, the party receiving the complaint will cause it to be reduced to writing. (d) Complaints against court employees or judicial officers include complaints of bias based on age, ancestry, color, ethnicity, gender, gender expression, gender identity, genetic information, marital status, medical condition, military or veteran status, national origin, physical or mental disability, political affiliation, race, religion, sex, sexual orientation, socioeconomic status, or any other classification protected by federal or state law. (e) Complaints against judicial officers must allege conduct that would be within the jurisdiction of the Commission on Judicial Performance under Article IV, section 18 of the California Constitution, and not conduct related to the permissible exercise of judicial or administrative discretion by a judicial officer. (07/01/25)

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CHAPTER 3 - JUDICIAL ASSIGNMENTS Rule 300 - Court Calendar The business of the court will be assigned in accordance with the Judicial Assignments Order which will be issued on or about July 1st of each year to be effective until the next July 1st, or until a new or amended Judicial Assignments Order is issued (see the current judicial assignments for each department here: https://www.tulare.courts.ca.gov/general- information/judicial-assignments). The clerk, at the beginning of each court day, will post a daily court calendar outside of each courtroom showing the matters assigned to that department that day. The names of parties in adoption, juvenile, and mental capacity matters will not be shown and will be kept confidential. (07/01/00) (Revised 01/01/07, 01/01/09, 01/01/10, 07/01/11, 01/01/14, 07/01/25) Rule 301 - Setting the Calendar for Hearings and Trials Prior to setting any matter for hearing, the moving party must make a reasonable and good faith attempt to resolve the matter. If resolution is not possible, the moving party must attempt to coordinate hearing dates with the opposing parties prior to contacting the court. (a) Under the general supervision of the presiding judge, hearings will be set as follows: (1) All civil matters and appeals, whether contested or uncontested, will be set by the appropriate calendar clerk. Before filing or serving notice of a motion and/or hearing, the moving party must clear and reserve a hearing date with the appropriate calendar clerk. If for any reason a matter is removed from the calendar, the moving party must promptly notify the calendar clerk with whom the hearing date was set. (2) All civil case management conferences will be set pursuant to Local Rule 600; all family law case management conferences will be set pursuant to Local Rule 906. (3) All criminal law and motion matters will be handled pursuant to California Rules of Court, rules 4.111 and 4.112 as set forth in the Criminal Rules. Matters which are appropriate for motions in limine will be heard by the trial judge at the time set by the trial judge. (4) All juvenile matters will be set by the juvenile court clerk, under the authority of the juvenile court judge or referee, and in accordance with the general calendar of the court. (b) Attorneys should avoid scheduling more than two hearings at the same time on the same day (not including ex parte hearings). While the court will reasonably trail matters to accommodate the necessary scheduling of more than one matter on the same day, a pattern of routine or unreasonable delay in matters being heard caused by a violation of this rule may result in the imposition of attorney fees or other sanctions. (07/01/97) (Revised 01/01/07, 07/01/11, 07/01/25) Rule 302 - (Omitted 07/01/11)

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CHAPTER 4 - APPELLATE DIVISION Rule 400 - Appeal Hearings The Chief Justice of the California Supreme Court appoints three judges of the court to sit as an Appellate Panel of the Superior Court, pursuant to California Rules of Court, rule 10.1100. The Chief Justice also designates the presiding judge of the appellate division. Appeals from the limited civil cases, misdemeanors, and traffic infractions will be heard once a month in the Visalia courthouse at a time, date, and courtroom determined by the appellate panel and stated in the court’s judicial assignments order. Pursuant to Code of Civil Procedure section 77(h), one judge of the appellate division may hear traffic infractions. (01/01/03) (Revised 01/01/07, 01/01/09, 07/01/17) Rule 401 - Notice of Appeal A timely Notice of Appeal is a jurisdictional requirement to a valid appeal (Cal. Rules of Court, rules 8.821 and 8.822 [civil appeals], rules 8.852 and 8.853 [misdemeanor appeals] and rules 8.901 [infraction appeals]). The Notice of Appeal must be filed with the trial court (Cal. Rules of Court, rules 8.821, 8.852, and 8.901). Failure to timely file a Notice of Appeal constitutes a ground for dismissal of the appeal. (01/01/07) (Revised 01/01/09) Rule 402 - Statement on Appeal or Reporter’s Transcript Except where the appeal is on the judgment role, no appeal will be set for hearing unless and until the elected record of oral proceedings in the trial court or the statement on appeal has been filed. It is the responsibility of appellant to see that the appropriate record of oral proceedings is timely lodged with the clerk. Parties must comply with applicable statutes, codes and rules of court in preparing the record of oral proceedings. Where a court reporter was present, a reporter’s transcript of the proceedings must be obtained. Where trial court proceedings are electronically recorded, the court elects to permit the use of a copy of the electronic recording, made by the court, to be utilized in the appellate division without being transcribed (California Rules of Court, rules 8.835, 8.868, and 8.917). Infraction proceedings are not electronically recorded and limited civil proceedings may not be recorded. In such cases, a statement on appeal will be required. In the event the statement on appeal, electronic recording, or transcript has not been filed, and appellant has not commenced appropriate proceedings to mandate compliance with this requirement, the appellate division of this court may dismiss the appeal, after the court clerk has mailed notice pursuant to California Rules of Court, rule 8.842 for limited civil cases, rule 8.869(b)(3) for misdemeanor cases and rule 8.916(b)(3) for infraction cases. If appellant fails to perform any act necessary to procure the preparation or filing of the record on appeal or shall otherwise fail to prosecute his appeal with diligence, the appeal may be dismissed by the appellate division on its own motion and/or on respondent’s motion (Cal. Rules of Court, rule 8.842). (07/01/00) (Revised 01/01/07, 01/01/09, 01/01/16) Rule 403 - Briefs on Appeal As soon as the record on appeal in any case is filed, the clerk will mail to the attorney appearing of record for each party, or if any party has appeared without an attorney, then to such party personally, at the address of such attorney, or party appearing in the record, a notice stating that said record has been filed and giving the time, date, and department in which the appeal will be heard, and the dates when each party must file briefs, as provided in the California Rules of Court. (See Cal. Rules of Court, rules 8.882 and 8.927 for the allowed time for opening, responding, and replying briefs.)

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Briefs must comply in form and length with California Rules of Court. The original brief submitted for filing must be accompanied by three copies. Failure to file an appellant’s opening brief constitutes a ground for dismissal of the appeal (Cal. Rules of Court, rule 8.882 and 8.927). (01/01/07) (Revised 01/01/09) Rule 404 - Proof of Service No appellate brief will be accepted for filing by the clerk unless accompanied by proof of service upon the parties entitled to service under California Rules of Court, rules 8.25, 8.882, and 8.927. (07/01/89) (Revised 01/01/07, 01/01/09) Rule 405 - Orders Extending or Shortening Time Any request for routine matters such as an order extending or shortening time must be presented in writing to the clerk for the clerk to present to the presiding judge of the appellate division. The document shall not exceed five pages in length, and shall include a declaration under penalty of perjury (Cal. Rules of Court, rules 8.806, 8.810, and 8.812). (07/01/00) (Revised 01/01/07, 01/01/09) Rule 406 - Oral Argument Unless good cause is shown, counsel’s oral argument will be limited to 10 minutes per side in limited civil and misdemeanor appeals (Cal. Rules of Court, rule 8.885(d)) and will be limited to 5 minutes per side in infraction appeals (Cal. Rules of Court, rule 8.929(d). A party who is not present at calendar call is deemed to have waived oral argument unless the party has advised the clerk in advance of a delay. Continuances will not be granted without a showing of good cause. Continuances by stipulation are subject to approval of the presiding judge of the appellate division. Supplemental briefing shall not be permitted unless, after oral argument, the court intends to decide a case upon the basis of an issue not briefed or proposed by any party (Gov. Code, § 68081). (06/01/83) (Revised 01/01/07, 01/01/09) Rule 407 - Decisions Unless the decision of the court is announced orally from the bench, a written decision will be issued within 90 days of the hearing and will be mailed to all parties and to each department of the Tulare County Superior Court. (07/01/00) (Revised 01/01/07, 01/01/09) Rule 408 - Writs and/or Need for Ex Parte Hearing All matters, including writs that require emergency action by the appellate division, must be submitted to the court administrator in Room 201 of the Visalia courthouse with proof of service, informing the court staff that it requires immediate attention. The court staff will immediately contact the presiding judge of the appellate division. The presiding judge will determine what action should be taken, and the parties will be notified by court staff. Parties are never to directly contact an appellate judge and/or his personal staff. Writ petitions shall comply with Cal. Rules of Court rules 8.930-8.936. This rule 408 is not applicable to petitions for habeas corpus relief. (01/01/07), (Revised 01/01/09, 01/01/16). Rule 409 - Record on Appeal The court elects to use the original file from the trial court in lieu of a clerk’s transcript pursuant to California Rules of Court, rules 8.830(a)(1)(B) and 8.833 [civil appeals]; 8.860(a)(1)(B) and 8.863 [misdemeanor appeals]; 8.910(a)(1)(B) and 8.914 [infraction appeals]. (01/01/09)

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CHAPTER 5 - PRESENTATION, FILING, AND SERVICE OF COURT PAPERS

Rule 500 - Statements of Decision, Orders, Judgments, and Decrees Statements of decision, orders, judgments, or decrees must bear a standard caption and must be submitted to the judge at the time of the hearing or to the judge’s clerk after the hearing. All documents submitted for a judge’s endorsement must also bear opposing counsel’s or party’s approval as to form, or a declaration of the one seeking the judge’s endorsement that he or she has complied with California Rules of Court, rule 3.1312. No proposed orders will be accepted for filing prior to the hearing of the matter. Proposed orders may be lodged in the file. If a department requires proposed orders prior to hearings, the orders must be presented to the departmental clerk and not to the clerk’s office. (07/01/00) (Revised 01/01/07) Rule 501 - Submission of Written Orders

All orders must be on a separate document, for entry on the docket upon the judge’s signature. If the document has at the end of the request, “It is so Ordered,” a second copy of the document must be submitted to be the order. This allows for a different file stamp date at the top of the document on the order when it is signed. It also provides a correct date for entry of the order on the docket and provides a court order which can be found chronologically in the file. (07/01/00) (Revised 01/01/07) Rule 502 - Presentation of Documents and Service of Orders Papers that do not comply with these rules, the Code of Civil Procedure, and the California Rules of Court may not be considered by the court. All written orders signed by a judge, including orders to show cause, temporary restraining orders, and injunctions, must be filed forthwith; and an endorsed copy must be served upon the parties to be notified thereof. (07/01/00) (Revised 01/01/07) Rule 503 - Entry of Court Orders in Minutes The clerk will keep minutes of court orders and will upload a copy of each minute order in the court’s electronic file of actions in chronological order in lieu of a minute book, pursuant to Government Code sections 69844 et seq. (07/01/00) (Revised 01/01/07, 01/01/23) Rule 504 - Guardian ad Litem Forms The Judicial Council has issued forms to petition for appointment of a guardian ad litem and has made their use mandatory in almost all matters. These forms are available in the clerk’s office in room 201 of the Visalia courthouse and/or on the Web at https://www.courts.ca.gov. (01/01/03) (Revised 01/01/07, 01/01/20)

Rule 505 - Self-Addressed Stamped Envelope for Conformed Copies Conformed copies, by mail, will be returned to the parties requesting them only when the request is accompanied by a self-addressed stamped envelope. (07/01/00) (Revised 01/01/07) Rule 506 - Filing of Form with Writing on Each Side (Omitted 07/01/25)

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CHAPTER 6 - MANAGING CIVIL CASES Rule 600 - Case Management Conference (a) The Judicial Council has implemented state rules for the management of civil cases (Cal. Rules of Court, Chapter 2 Trial Court Management of Civil Cases, rules 10.900, et. seq.). In recognition of the state rules requiring the court to implement a case management Plan, the court elects to follow California Rules of Court, rule 3.714. (1) At the time the complaint is filed, the clerk will issue a hearing date for the Case Management Conference (CMC) to plaintiff that is no less than 120 days after the filing of the complaint. Plaintiff must serve a Notice of CMC on each defendant along with the summons and complaint. (2) Any party who files and serves a cross-complaint prior to the CMC must serve on each cross-defendant who is a new party to the action, a copy of the Notice of CMC along with the summons and cross-complaint. If a new cross-defendant is served after the initial CMC, the cross-complainant must serve the new cross- defendant with notice of any pending CMC, any assigned mediation date, trial, or settlement conference dates, and any other dates set by the court or orders made at the CMC. (3) If the plaintiff adds a new defendant or identifies a fictitiously named defendant after the initial CMC, along with the summons and complaint, plaintiff must serve the newly named defendant with notice of any pending CMC, any pending mediation date, any assigned trial and settlement conference dates, and any other dates set by the court or orders made at the CMC. (4) Proof of service of Notice of the CMC must be filed with the court within 60 days from the date the complaint is filed and may be included in the proof of service of the summons and complaint or cross-complaint. (5) This court has found that mediation is highly desirable and orders the parties to meet and confer prior to the CMC date regarding an agreed upon mediator and mediation date and time. A list of mediators and their fees are provided by the court in its ADR package, which can be obtained on the court’s website at https://www.tulare.courts.ca.gov/divisions/civil. The mediator must be agreed upon before the CMC and the mediation date and time cleared with the mediator so the court may enter the date in the court’s minute order. (6) Under California Rules of Court, rule 3.725, no later than 15 calendar days before the date set for the CMC, each party must file a CMC statement and serve it on all other parties in the case. Parties must use the mandatory CMC Statement (Judicial Council form CM-110). All applicable items on the form must be completed. (7) In lieu of each party’s filing a separate case management statement, any two or more parties may file a joint statement. (8) In the event all parties stipulate in writing presented to the clerk at least 15 days prior to the Case Management Conference, any matter will be assigned for all purposes to the South County Justice Center. Requests to transfer made after the deadline for filing a stipulation will be at the discretion of the assigned judge. (b) Presence Required - Counsel and unrepresented parties are required to be present, either in person; by remote appearance as permitted by law (see https://www.tulare.courts.ca.gov/online-services/request-remote-hearings for information on remote appearances); or by telephonic appearance pursuant to The Superior Court of

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Tulare County, Local Rules, rule 108, and must have: (1) sufficient information and understanding of the case to evaluate it accurately, and (2) sufficient authority to enter into binding agreements such as the diversion of the case to arbitration, including binding arbitration, the setting of a trial date and mandatory settlement conference date, the dismissal of doe defendants or other parties, and the setting of a further case management conference. (c) Compliance - Failure to attend the case management conference will result in the court making whatever orders and imposing whatever sanctions as may be necessary and appropriate to obtain compliance with these rules, including but not limited to, a waiver of the right to a jury trial and a waiver of the right to object to a referral to arbitration or other alternate dispute resolution procedure. (d) Waiver of Notice - When all parties are present at the case management conference and a trial date and settlement conference dates are agreed to by the parties or ordered by the court, such presence is an effective waiver of a separate or formal notice of settlement conference and trial date. (01/01/03) (Revised 01/01/07, 01/01/09, 07/01/11, 07/01/17, 07/01/24) Rule 601 - Policy (a) Hearing on Order to Show Cause - At an order to show cause hearing, the court may make whatever orders and impose whatever sanctions as may be necessary or appropriate to obtain compliance with these rules. Such orders may include requiring the filing of documents or the carrying out of other acts required to proceed with the case. Such sanctions may include imposition of monetary fines or other consequences as set forth in The Superior Court of Tulare County, Local Rules, rule 103. The failure of counsel, or an unrepresented party, to appear at a hearing on an order to show cause will be an unqualified waiver of any objection to any order or sanction made or imposed by the court at such hearing. (b) Final Disposition of Case - No case will be removed from the civil active list except by order of court. The civil calendar clerk must be notified in writing immediately upon settlement of a case. A dismissal, judgment, or a statement of conditional settlement must be filed within 10 days of such action (Cal. Rules of Court, rule 3.1385). No case will be removed from the civil active list except by court order. No time standard or deadline specified in this chapter nor any schedule, dates, time limitations or other requirements imposed by any order made pursuant to this chapter may be modified, extended or voided by any stipulation or agreement of the parties unless a written order approving the same is first obtained from the presiding judge. Such order may be obtained only upon a showing of good cause. (01/01/03) (Revised 01/01/07) Rule 602 - Reduction of Unnecessary Paperwork and Avoidance of Unnecessary Court Appearances To reduce the public’s costs in money, time, and resources in the conduct of civil litigation, it is the policy of this court to reduce the preparation, mailing, and filing of documents whenever possible. To this end, these rules have eliminated the filing of an at-issue memorandum or a counter at-issue memorandum. To further implement this policy, unnecessary court appearances are avoided by the elimination of a separate trial setting conference and by allowing telephone appearances at the case management conference pursuant to The Superior Court of Tulare County, Local Rules, rule 108.

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Counsel and the parties are urged to manage each case in such a manner as to avoid the issuance of orders to show cause. (01/01/03) (Revised 01/01/07) Rule 603 - Case Designation All civil cases must be classified by the court pursuant to California Rules of Court, rule 3.714, with the court presuming that the case can be completed within one year. For a case to come under any other designation, the parties must make a motion to the court to have the case designated as protracted. Protracted cases are those which comply with California Rules of Court, rule 3.400. (01/01/03) (Revised 01/01/07) Rule 604 - Service of Complaint (a) Timing - Pursuant to the delay reduction rules, within 60 calendar days of filing, the complaint must be served and a proof of service as to each named defendant filed with the court, unless a “Request for Extension of Time” is filed with the court stating facts establishing good cause as to why service has not been made, or should not be made, upon all parties within the time as provided in this rule. The request and order to obtain an extension of time must be in the form as set forth in Appendix 9. Upon filing the “Request for Extension of Time,” the court may, (1) grant an extension of time to a specified date, (2) deny the request, or (3) conduct a hearing to determine the setting of the date for compliance with these rules. (b) Compliance - Upon failure to serve the complaint and file proof of service or dismissal as to each named defendant, or to file a “Request for Extension of Time” as required by these rules, the court will issue an “Order to Show Cause” as to why the party or counsel should not be sanctioned. Service of the complaint and filing the proof of service after the “Order to Show Cause” has been issued will not relieve the party from the imposition of the sanction. For administrative tracking purposes, the filing of an answer or other responsive pleading by a defendant does not obviate the need to file a proof of service. (07/01/97) (Revised 01/01/07) Rule 605 - Arbitration The provisions of Code of Civil Procedure section 1141.10 et seq., and California Rules of Court, rules 3.810 et seq., are augmented or emphasized as follows: (a) The amount in controversy in each case will be determined at the case management conference. The court may also order an increase to the limit on the amount the arbitrator is otherwise authorized to award. All cases to which Code of Civil Procedure section 1141.11 applies will be submitted to arbitration by the case management judge if the case is appropriate for arbitration pursuant to the code. (b) If a case is ordered to arbitration, a back-up trial date will be selected so that the case will proceed expeditiously to trial if the case is not resolved by arbitration. The court will also set the time limit for conducting the arbitration hearing in order to afford the parties a reasonable opportunity to conduct discovery. If no time is set, the arbitration hearing must be held within 120 days of the order. (c) With the consent of the arbitrator and the court, the parties may stipulate to continuances. (d) Whenever parties fail to appear at a scheduled arbitration hearing without having previously notified the arbitrator, the case must be certified to the presiding judge who will order the parties and their counsel to appear to show cause why they failed to appear. Without a showing of good cause, appropriate sanctions will be imposed. (e) If a party requests a trial de novo after arbitration, the request may not be withdrawn except by a written stipulation, signed by counsel for all parties appearing in the case, expressly

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agreeing that a non-appealable judgment may be entered on the arbitration award. If a request for a trial de novo is not timely filed, the clerk will, upon the expiration of the time for filing, forthwith enter the award as a judgment, and will vacate the back-up trial date. (e) If the parties consent to binding arbitration, the consent must be stipulated to in writing and must be signed by the client or clients whose rights are affected by such consent. (07/01/97) (Revised 01/01/07)

Rule 606 - Settlement Conference Settlement conferences are mandatory in every case except trials de novo in small claims cases. Counsel for each party must comply with California Rules of Court, rule 3.1380, and deliver to the civil calendar clerk and all other counsel, no later than 5 court days prior to the conference, a written statement including: (a) Contentions as to what counsel believes are the specific material facts. In a personal injury case, copies of the official accident report, all relevant medical reports, and a summary of expected medical testimony with identification of each witness must be attached; (b) Legal and factual contentions set forth with particularity; (c) Citation of authority for all legal contentions; (d) An itemized list of special damages claimed. If earnings loss is claimed, a copy of Employer’s Wage Loss Statement must be attached. If a wage loss statement is not available, a method of computation of claimed loss of earnings, earning capacity, or loss of profits must be attached; and (e) Any other information that counsel feels may be helpful to the court in familiarizing the court with the case. Counsel should be prepared to respond to the “Settlement Conference Check List” in Appendix 1 of these rules. A statement that the information required is unknown will be cause for imposition of sanctions unless good cause is shown for failure to respond. Since these statements are to be used by the court and counsel solely for the purpose of the settlement conference, they will not be filed in the action. Therefore, counsel should feel entirely free to set forth all matters they deem necessary to facilitate the conference. A specific settlement amount may be included. Nothing contained in any pretrial statement or any statement made by any party at the settlement conference will be received in evidence in the proceeding. Since any settlement requires the consent of all the interested parties, all interested parties or their representatives with authority to bind the parties must be present in the courtroom. In those cases which require consent of an insurance carrier to arrive at a settlement, an authorized claims or insurance representative of the carrier, who is fully familiar with the case and who has full authority to settle the case, must also be present in the courtroom. “Full Authority” is defined as authority to pay the last settlement demand. The insurance carrier’s attendance may, at the discretion of the judge, be excused upon prior written application to the court if, (1) the carrier has no California claims office or representative, and (2) the carrier has an authorized claims or insurance representative with full authority to settle available by telephone during the settlement conference. Counsel attending the conference must be completely familiar with the facts of the case and the law applicable thereto. It is the intent of the court to explore the case in depth; therefore, counsel will be expected to be fully prepared on all aspects of the litigation. Compliance with these requirements and complete cooperation between counsel and the court are essential to make the settlement conference productive. (07/01/97) (Revised 01/01/07, 01/01/09, 01/01/16)

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Rule 607 - Continuances; Taking a Matter Off Calendar (a) Matters Set for Hearing - Matters set for hearing may be continued with agreement from opposing parties or counsel and permission from the calendar clerk. A written stipulation by the parties or counsel must be sent to the calendar clerk. No such matter will be continued more than two times or within 24 hours of the time set for hearing without a specific order of the court. If the parties do not agree, the party seeking a continuance can do so on a noticed motion or by a motion made at the time of hearing which the court may grant for good cause shown and upon such terms as the court in its discretion may impose. Only the moving party will be allowed to take a matter off calendar. The request must be in writing. No matter will be taken off calendar by any party once a tentative ruling has been issued. (b) Matters Set for Trial - Continuances of all matters set for trial, including short cause matters, will be granted by the judge assigned to hear the case only upon an affirmative showing of good cause within the meaning of California Rules of Court, rule 3.1332. If necessary and justified, the moving party on a motion to continue may seek an order by an ex parte hearing under California Rules of Court, rules3.1332 and 3.1200, et. seq. Appearances are required on all motions and requests to continue trial dates so that a new trial date can be established if the motion or request is granted. It is the policy of the court to be extremely strict in granting continuances. No continuance will be granted in any event unless there is a factual showing of good cause for such continuance. (c) Designation of Trial Counsel - Where there is more than one attorney in a firm, the unavailability of the particular attorney who intends to try the case will not be considered good cause for a continuance unless, (1) trial counsel is designated by giving notice to the court and to all parties within 30 days of the case management conference, or (2) all trial attorneys in the firm are in trial on the assigned trial date. (d) Notice of Case Disposition - All parties must strictly comply with California Rules of Court,

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Rule 3.1385 — to notify the court of settlement or stay of any pending cases. The…

rule 3.1385 to notify the court of settlement or stay of any pending cases. The parties must also notify the court if there is a dismissal or any other event or circumstance that would vacate the trial date. (07/01/97) (Revised 01/01/07, 01/01/09) Rule 608 - Pretrial Motions - In Limine and Evidentiary Hearings (a) In cases estimated for five or more days of trial, counsel must file and serve at least five court days prior to trial date, all motions expected to be made prior to trial or during trial. The document must be properly captioned, must succinctly state the nature of the motion or evidence question with a citation to appropriate code or case law, and must set forth the specific trial court action requested and the facts relied upon to justify the request. An estimate of the time necessary for the hearing of such motions must be set forth on the caption page covering the motions. All documents filed pursuant to these requirements must be filed with the superior court clerk with a separate copy directed to trial court chambers. Failure to file and serve these motions at least five court days before trial may be deemed a waiver of the moving party’s right to make such motions. (b) All requests to determine evidentiary matters pursuant to Evidence Code section 402 which are anticipated to require more than a five (5) minute hearing shall be in writing and shall be scheduled for hearing such that they can be completed no later than the date set for the Readiness Conference. (07/01/97) (Revised 01/01/07, 01/01/09)

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Rule 609 - Uninsured Motorist Cases An action for personal injury or property damage against an uninsured defendant may be designated an “uninsured motorist case” upon application of the plaintiff filed within 30 days of the commencement of the action. California Rules of Court, rule 3.712, and Government Code section 68609.5 apply to uninsured motorist cases. Upon the filing of such an application, the court will set a hearing date six months from the date of the designation. At the hearing, the action will be dismissed (without prejudice) unless the court, for good cause, extends the time for resolution of the case. (01/01/03) (Revised 01/01/07) Rule 610 - Bankruptcy The court must be notified in writing immediately by any defendant filing a bankruptcy petition. The case will be stayed only as to the defendant filing for bankruptcy. In a multi-party case, the action will proceed against the remaining defendants unless the court is petitioned to stay the entire action, and the court issues an order staying the entire action. Any stayed matter will be set for review of its status in 12 months. (07/01/97) (Revised 01/01/07) Rule 611 - Trial Readiness (a) In all civil cases, except short cause cases, counsel for all parties shall meet and confer at least five (5) court days prior to the date set for trial regarding the following: (1) If a jury has been requested, counsel shall prepare and exchange proposed jury instructions. Requests for special instructions not contained in CACI must be accompanied with appropriate citations of cases supporting the request. Counsel shall confer with a view to present joint agreed jury instructions at the readiness conference. (2) If no jury has been requested, counsel shall prepare and exchange trial briefs. (3) Counsel shall prepare a joint binder of documentary exhibits, pre-marked, which the parties agree are admissible. These exhibits will be admitted in evidence at trial by stipulation. All other proposed exhibits shall be identified, pre-marked, and exchanged. (4) Counsel shall discuss matters to be addressed at the Readiness Conference. (b) Except for short cause cases, a trial readiness conference shall be heard before the assigned trial judge on the Friday prior to the date set for trial. Trial counsels are required to personally attend this conference. Matters to be considered at the readiness conference include jury instructions, exhibits, motions in limine, witnesses, and such other pre-trial matters as may be determined by the trial judge. (01/01/09)

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CHAPTER 7 - CIVIL LAW AND MOTION Rule 700 - Preemption The Judicial Council preempted local court rules pursuant to California Rules of Court, rule 3.20 in all civil law and motion proceedings (California Rules of Court, rules 3.1100 et seq., for requirements in format and filing of papers and evidence in all motion practice). (07/01/00) (Revised 01/01/03, 01/01/07) Rule 701 - Adoption of Tentative Ruling System The court offers a tentative ruling procedure in civil law and motion matters. The court follows the procedure set forth in rule 3.1308, subdivision (a)(1), of the California Rules of Court. (a) Time by which Tentative Rulings will be Available. Tentative rulings will be made available no later than 3:00 p.m. the court day before the scheduled hearing (b) Method for Obtaining Tentative Rulings. Tentative rulings may be obtained by the following methods: (1) Telephoning the court at (559) 737-4339; or (2) Visiting the court’s website at https://www.tulare.courts.ca.gov/general- information/tentative-rulings. (c) Notice of Oral Argument Required if Court has Not Directed Argument. If the court has not directed argument, oral argument shall be permitted only if a party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear. The tentative ruling will become the ruling of the court if the court has not directed oral argument by its tentative ruling and notice of intent to appear has not been given. (d) Manner of Notice of Party’s Intention to Appear. Notice of a party’s intention to appear under subdivision (c) shall be given as follows: (1) Notice to Other Parties. A party must notify all other parties by telephone or in person. (2) Notice to the Court. A party must notify the court by one of the following methods: i. By telephoning (559) 730-5010; ii. By facsimile to (559) 733-6774; or iii. By email to research_attorney@tulare.courts.ca.gov. (07/01/97) (Revised 01/01/07, 07/01/17, 07/01/25). Rule 702 - Once Tentative Ruling Has Issued, Party Cannot Take a Matter Off Calendar A request to take a matter off calendar requires 24-hour notice, or a court order (Super. Ct. Tulare County, Local Rules, rule 607(a)). No matter will be taken off calendar by any party after the tentative ruling has issued. (07/01/00) (Revised 01/01/07) Rule 703 - Courtesy Copy to Research Attorney - Omitted (7/1/2018) Rule 704 - Scheduling Civil Ex Parte Hearings Ex parte civil matters may be heard any day of the week, pursuant to the judge’s schedule at a time designated by the judge assigned to hear the case. It is the responsibility of the attorney wishing to set a matter for ex parte consideration to contact the judge’s clerk to reserve the date and time for the hearing. All papers must be filed with the court by 10:00 a.m. on the day before the hearing date, in addition to compliance with California Rules of Court, rule 3.1200-3.1207. In the event the assigned judge is not available, the moving party is directed to contact the Court’s Administrative Office to determine which judge will hear the ex parte application. The moving party will then contact the clerk of that judge to reserve the date and time for hearing, in

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addition to compliance with our local rule and with California Rules of Court, rule 3.1200- 3.1207. (01/01/03) (Revised 01/01/07, 07/01/11) Rule 705 - Judicial Notice Request The California Rule of Court regarding Judicial Notice is set forth in rule 3.1306(c). Even though the rule only requires the party to have the court’s file available at the hearing if the material is part of a file in the court in which the matter is being heard, the court requests you also copy and attach this material. Many times the case has become voluminous, and the documents are in multiple files. It is much more efficient for counsel to make the documents available by copies attached than for the clerk to deliver multiple files to the hearing. Since this court has adopted a tentative ruling system, failure to attach a copy may preclude the court from considering the material if the file is only provided at the actual hearing. (07/01/00) (Revised 01/01/03, 01/01/07) Rule 706 - Guardian Ad Litem Appointments and Compromise of Minors’ Claims Petitions for Appointment of a “Guardian ad Litem” must use the Judicial Council mandatory forms. The forms are available in the clerk’s office in room 201 of the Visalia courthouse and on the Web at https://www.courts.ca.gov. Minors’ compromises must be submitted on the Judicial Council mandatory forms and must include the proposed order on the Judicial Council form (also see Super. Ct. Tulare County, Local Rules, rule 707). Without good cause shown, it will be counsel’s responsibility to file an acknowledgment of receipt on the Judicial Council form within two weeks after the “Order Approving Minor’s Compromise” has been entered. Attorney fees in minor’s compromise cases must follow California Rules of Court, rule 7.955. Except as set forth above, hearings on approval of compromises of minors, conservatees, and incompetent persons will be held in open court. After hearing, if the court orders the proceeds deposited in a bank, trust company, or savings and loan association, the order approving the compromise will provide as follows: “A certified copy of this order will be delivered to the manager of the bank, trust company, or savings and loan association together with the sum to be deposited therein, and a written receipt of said bank, trust company, or savings and loan association acknowledging receipt of said sum will forthwith be filed with the superior court clerk.” In cases involving minors, the order must contain the date when the minor will attain the age of 18 years and a direction to the bank, trust company, or savings and loan association to release on such date all funds to the minor without further order of the court. Withdrawals from a minor’s blocked account will only be permitted for specific and limited purposes for which a parent/guardian is not financially capable and obligated to pay (for example, orthodontic work and tuition above the high school level). However, if both parents are too ill to work or both have been unemployed and there are no funds other than those of the minor, the court may permit the use of some of the monies, but only for necessities of the child. Any request for an order to withdraw funds from a blocked account will be carefully scrutinized by the court. Within 15 days from the date of an order to withdraw funds, the parent/guardian must file with the court a “Certificate Accounting for Funds Withdrawn From Minor’s Account.” A court-approved form for this certificate will be attached to a copy of the authorizing order to aid the parent/guardian in complying with this requirement. Failure to file a certificate can result in the court’s refusal to allow future withdrawals of funds, as well as possible contempt proceedings against the parent/guardian for failure to comply with the court order. (01/01/03) (Revised 01/01/07, 07/01/11, 01/01/2020)

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Rule 707 - Affirmative Duty to Explore Annuity for Minor’s Compromise The party seeking a minor’s compromise has an affirmative duty to the child, and must consider an annuity for the child. Any party not obtaining an annuity for the child’s proceeds must explain to the court why an annuity has not been considered, or if considered, why an annuity was not in the child’s best interest. (01/01/03) (Revised 01/01/07) Rule 708 - Attorney Fees on a Default Action on Note or Contract The schedule for attorney fees on a default action on a note or contract is set forth in Appendix 8. Any request for attorney fees on default to be issued by the clerk must be accompanied by a declaration from the attorney that he will accept the amount as set forth in the schedule in Appendix 8. If no declaration is attached, no fees will be awarded unless the attorney sets a hearing before a judge. (01/01/03) (Revised 01/01/07) Rule 709 - Actions Arising Under The California Environmental Quality Act (Mandate actions under Public Resources Code sections 21000 et seq. [CEQA)]) (a) Where Filed - Mandamus actions challenging an agency decision under the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) must be filed in the civil clerk’s office of the Visalia Superior Court. Each action must be accompanied by an initial filing form utilized by the court and must designate the action as Environmental Law- CEQA (Pub. Resources Code, §§ 21167.1 et seq.), and must be assigned to the designated CEQA department for all purposes. (b) Mediation – In accordance with Government Code section 66031, the parties may elect to mediate a CEQA action. They shall notify the court of the election at the trial setting conference. (c) The Administrative Record - The administrative record shall be completed in accordance with Public Resources Code section 21167.6, to the extent applicable, and rules 3.2205 through 3.2208 of the California Rules of Court, and any other applicable law. The party preparing the administrative record must prepare an electronic version of the record in conformity with rule 3.2207 of the California Rules of Court, which requirements include, inter alia, that the electronic version of the record include electronic bookmarks that identify each part of the record and clearly state the volume and page numbers contained in each part of the record, and be capable of full text searching. It is strongly encouraged that the electronic version of the index required under rule 3.2205(b) of the California Rules of Court include hyperlinks to the indexed documents. Notwithstanding the foregoing, unless otherwise required by law, any document that is part of the administrative record and for which it is not feasible to create an electronic version may be provided in paper format only. “Not feasible” means that it would be reduced in size or otherwise altered to such an extent that it would not be easily readable. (d) Requesting Hearing; Establishing the Briefing Schedule; Trial Setting - Petitioner must request a hearing within 90 days of filing the petition in accordance with Public Resources Code section 21167.4. Ordinarily, the court will not establish a briefing schedule or set a hearing date prior to confirming that the final version of the administrative record has been lodged with the court. In the absence of good cause, the court will require completion of briefing within a period of 90 days from the later of (i) the date the final version of the administrative record has been lodged with the court and (ii) the date the request for hearing is filed; and the hearing shall be set, to the extent feasible, on a date not more than 30 days after the completion of briefing as ordered by the court.

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Stipulations that resolve issues relating to completion of the administrative record, and as to appropriate briefing deadlines and the scheduling of hearing, are encouraged. Parties are generally expected to confer early and to cooperate in good faith to ensure expeditious determination of the matter, with due consideration for the complexity of the issues and the volume of material to be reviewed in the administrative record (and other evidence, if any). (e) Appendix of Excerpts with Briefs – Each party filing a brief must prepare and lodge with that brief an appendix of excerpts containing the documents or pages of the administrative record cited in that brief. (f) Settlement Meeting - The initial notice required by Public Resources Code section 21167.8 will provide that, if the parties agree, the first meeting will be continued so as to take place no later than 35 days after the administrative record is served. If the parties do not agree to this continued first meeting date, then the first meeting will take place in accordance with Public Resources Code section 21167.8, and a second meeting is ordered to take place within five days after the Record is served. The parties must agree as to the time and place of any meeting pursuant to Public Resources Code section 21167.8. Other meetings may be scheduled by the parties. (g) Statement of Issues – The parties are required by Public Resources Code section 21167.8, subdivision (f), and the court will not waive this requirement pursuant to stipulation. No pleading or document other than the statement of issues required by subdivision (f) of section 21167.8 shall be deemed to constitute a statement of issues for the purposes of that subdivision, though the statements of issues must be consistent with, and may not expand on, the scope of the pleadings. The statement of issues must identify those portions of the administrative record that are directly related to the issues identified therein. (h) Trial Notebook - Petitioner must prepare two trial notebooks (one for the judge and one for the research attorney), which must be filed with the designated CEQA department 14 days before the date of the hearing. The trial notebooks must consist of the petition, the answer(s), the briefs, the statement of issues, and any other document(s) agreed upon by the parties. Additionally, each party must file an exhibit notebook which must contain only the pages of the administrative record to which they have referred in their briefs. (i) Tentative Rulings – In most cases, the court shall post a tentative ruling in accordance with Local Rule 701 and the procedures under that rule shall, in that event, apply. (01/01/03) (Revised 01/01/07, 07/01/17, 01/01/26)

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CHAPTER 8 - CRIMINAL TRIALS AND PRETRIAL MATTERS Rule 800 - Placing of Matters on Calendar

No arraignments on original or amended information or indictments, and/or misdemeanor complaints will be placed on calendar with less than two days prior notice to the court administrator or calendar clerk. The deadline for filing documents related to persons in custody for felony and/or misdemeanor charges are as follows: For Misdemeanor and/or Felony matters to be heard on the same day calendar at 1:00 p.m., documents must be filed before 10:00 a.m.

Where documents have not been filed by 10:00 a.m., Felony matters subject to Penal Code 667.5 may be heard on the same day calendar at 3:00 p.m. only if documents are filed by 2:00 p.m.

Where documents are filed after 2:00 p.m., Felony and Misdemeanor matters may be heard the following day at 1:30 p.m. (07/01/97) (Revised 01/01/07, 01/01/20)

Rule 801 - Copy of Pleadings to be Delivered to Trial Judge

In any pre-assigned criminal case, counsel must submit two days before the hearing a copy of all pleadings to the assigned judge by delivering a copy to room 303 at the Visalia courthouse, and to the clerk of the court in the other court locations. (01/01/03) (Revised 01/01/07) Rule 802 - Setting for Trial and Pretrial Motions in Felony Cases Upon the taking of a defendant’s plea of not guilty in felony cases, the judge will set the date for trial. The judge will also set a date for a pretrial conference and will announce the last date for hearing further pretrial motions. Except for motions of a constitutional dimension and 1538.5 motions, motions made after that date will not be heard. No special motions will be set or heard after the pretrial conference date except upon an affirmative showing of good cause in a written declaration. The court may impose sanctions against any attorney unreasonably delaying the bringing of any pretrial motion including 1538.5 motions and motions of a constitutional dimension. (07/01/97) (Revised 01/01/07) Rule 803 - Criminal Law and Motion Except those matters specifically assigned pursuant to the Judicial Assignments Order, criminal law and motion matters will be heard at 8:30 a.m. on those days designated by the department to which the case has been assigned unless otherwise scheduled by the assigned judge. (01/01/07) (Revised 07/01/11)

Rule 804 - Pretrial Motions All pretrial motions, including motions for defense attorney fees and costs, will be heard in the department to which the case was assigned for all purposes. (07/01/97) (Revised 01/01/07, 07/01/11, 07/01/26) Rule 805 - Presentation, Filing, and Motion Requirements

All motions must be in writing and must comply with California Rules of Court as to motion practice (Cal. Rules of Court, rule 4.111 under rules for criminal cases in superior court). Motions to set aside an indictment or information must set forth with particularity the claimed deficiencies in the transcript or the irregularities in the proceedings. Any motions made after the

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date set for the bringing of motions must be presumed to be unreasonably delayed, and the party bringing the same will have the burden of showing good cause for such delay. (07/01/00) (Revised 01/01/07) Rule 806 - Ex Parte Hearing for Order Shortening Time If a hearing on a motion is needed sooner than the 10 days prescribed by California Rules of Court, rule 4.111 under rules for criminal cases in superior court, counsel should apply ex parte to the department where the case is assigned for an order shortening time. If possible, counsel should obtain opposing counsel’s stipulation and attach that to the application. The application may be typed at the end of the notice of motion or on a separate sheet attached to and served with the moving papers. The application should be accompanied by a declaration (Cal. Rules of Court, rule 3.1204 for civil motions). Because applications for orders shortening time are made ex parte, counsel must notice opposing counsel of the ex parte hearing, and serve him or her with the papers when possible, and provide proof of that notice and/or service in their declaration (Cal. Rules of Court, rule 3.1200-3.1207). (01/01/07) Rule 807 - Application for Modification of Sentence or Probation Terms Modification motions must be in writing and directed to the sentencing department. , . No person will be transported to court for consideration of any such application unless the judge has ordered the defendant’s appearance prior to the hearing. Such an application may be rejected without hearing if the judge finds that it fails to show good cause for any such modification. Notice of such application must be given to the opposing counsel at least 10 days prior to the hearing date. Such motions may also be granted ex parte (Super. Ct. Tulare County, Local Rules, rule 806 and Cal. Rules of Court, rule 3.1200-3.1207) by the court upon a showing of good cause. (07/01/97) (Revised 01/01/07, 07/01/11) Rule 808 - Pretrial Conferences in Felony Cases, Proposed Jury Instructions, and Verdict Forms The assigned judge will schedule pretrial readiness conferences in compliance with California Rules of Court, rule 4.112. All requests for jury instructions and proposed verdict forms and copies of proposed instructions and verdict forms will be provided by counsel. Requests for special instructions not contained in CALCRIM must be accompanied with appropriate citations of cases supporting the request. A list of proposed jury instructions and proposed verdict forms must be filed with the clerk as ordered by the judge and/or if not so ordered, no later than the pretrial readiness conference (before the jury panel is summoned). (07/01/97) (Revised 01/01/07, 01/01/09) Rule 809 - Extended Hearing When a criminal law and motion matter is expected to take more than 30 minutes the court may schedule the motion on a date convenient to all parties. (07/01/97) (Revised 01/01/07, 07/01/11, 07/01/26) Rule 810 - Criminal Trials (a) Voir Dire - Voir dire examination will be conducted in accordance with the provisions of the Code of Civil Procedure section 223. (b) Alternate Jurors - Alternate jurors will be selected in compliance with Code of Civil Procedure section 234. (c) Exhibits - Maps and diagrams should be prepared in advance. A lay person should not be asked to draw a map or diagram in court. Lay witnesses may place markings on maps and diagrams. (d) Witnesses - Each attorney is responsible for having all witnesses available at the time their testimony is required. No trial will be delayed because of incorrect scheduling of witnesses

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unless counsel can show the court that (1) due diligence was exercised in attempting to secure the witness’s presence, and (2) the witness’s presence is necessary to ensure a fair trial. If a problem arises because of incorrect scheduling of witnesses, the court will usually permit the calling of witnesses out of order. (e) Transcription of Recorded Documents - Prior to the commencement of any trial, a typed transcription of any sound recording which counsel expects to offer into evidence must be prepared and must be certified by the preparer as containing a true transcription of such recorded statement. Failure to prepare such transcription will be presumptive cause for exclusion of such statement from evidence. (07/01/00) (Revised 01/01/07) Rule 811 - Continuances of Criminal Matters (a) All applications for orders continuing a noticed motion must be addressed to the judge of the department to which the matter is assigned for all purposes and must be considered in light of the requirements of this chapter. (b) Continuances of criminal pretrial conferences will not be granted except upon affirmative proof in open court that the ends of justice require a continuance within the meaning of Penal Code section 1050. (c) Continuances of criminal trials are governed by the provisions of Penal Code section 1050 and California Rules of Court, rule 4.113. It is the policy of this court that all felony criminal cases will be brought to trial within 60 days of the filing of the indictment or filing of the information. Time waivers are discouraged and will not be accepted, except in unusual and extreme circumstances. (c) All motions to continue trials, whether noticed and set for hearing or made the day of trial, must only be made and considered by the judge to whom the case was assigned. Failure to comply with Penal Code section 1050 regarding criminal trial continuances may subject counsel to sanctions under Penal Code section 1050. (07/01/97) (Revised 01/01/07, 07/01/11, 07/01/26) Rule 812 - Attorney’s Appearance, Representation, and Withdrawal Any appearance at any proceeding in the superior court will be considered a general appearance obligating the attorney to represent the defendant throughout the proceedings, except as may be otherwise provided by law. The procedure for discharge, withdrawal, and substitution of retained counsel in criminal proceedings shall be the same as that for civil proceedings (People v. Bouchard (1957) 49 Cal. 2d 438, 441). California Rules of Court, rule 3.1362 sets forth the requirements for withdrawal and requires that the notice of motion, motion, declaration, and order be made on Judicial Council forms. The forms may be obtained from the Web at https://www.courts.ca.gov. (07/01/97) (Revised 01/01/07, 01/01/2020) Rule 813 - Domestic Violence Coordination Rules Domestic Violence Coordination Rules Court Communication It is this court’s goal to coordinate domestic violence orders. It is the clerk’s responsibility, prior to any hearing requesting protective orders and/or child custody and/or visitation orders, to determine if any such orders have already been issued as to the same parties or children in any other department by accessing the court’s case management system and California Court Protective Order Registry (CCPOR). The court’s criminal, family, and juvenile law departments shall use all reasonable efforts to communicate and exchange information with each other in regards to any domestic violence orders.

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Avoiding Conflicting Orders No department of the family or juvenile court shall knowingly issue a protective order or custody order in conflict with an order of the criminal court. If such an order is issued inadvertently, the orders of the criminal law proceeding shall have priority. Modification of Criminal Orders A court issuing a criminal protective order may, after review of any existing family or juvenile court orders, modify the criminal protective order to allow or restrict contact between the restrained person and his or her children, spouse, or other protected person. Coexisting Criminal and Family or Juvenile Orders A family or juvenile court order may coexist with a criminal court protective order, subject to the following: (a) Any order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a “No Contact Order” issued by a criminal court. (b) Safety of all parties shall be the court’s paramount concern. The family or juvenile court order shall specify the time, day, place, and manner of transfer of the child, as provided in Family Code section 3100. Issuance and Enforcement of Restraining Order Upon granting of relief (through initial petition, modification, or termination), the clerk shall convey within 24 hours a file endorsed copy of the order to the Tulare County Sheriff’s Department for input into CLETS (a statewide computerized registration system for restraining orders), or to the court CLETS administrator when that program becomes operational. (01/01/07) (Revised 07/01/11) Rule 814 - Electronic Filing of Accusatory Pleadings The court is only accepting electronic filing of accusatory pleadings. The filing must comply with Code of Civil Procedure section 1010.6 and California Rules of Court, rules 2.250 – 2.261, and Penal Code section 959.1. Where the electronic confirmation from the court shows that a document was electronically filed after 5:00 P.M. of any business day, such document will be deemed to have been filed on the next court day. (Code of Civil Procedure section 1010.6(a)(3) and (a)(4). California Rules of Court, rule 2.259(a)(1) and (a)(2).) (01/01/10)

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CHAPTER 9 - FAMILY LAW MATTERS Rule 900 - Subject Matter of the Family Law Division; Application of Rules; and Sanctions (a) All matters arising under the California Family Code are assigned to the Family Law Division. Marvin actions are not provided for under the Family Code, and therefore are to be filed in the Civil Division. (b) The Family Law Division consists of the Family Law and AB 1058 Child Support Courts. (c) These Rules supplement the California Rules of Court. (d) Failure to comply with these Rules may result in sanctions, including but not limited to, an award of attorney’s fees and costs pursuant to California Rules of Court 5.14. All requests made for sanctions shall comply with California Rules of Court 5.14. (07/01/97) (Revised 01/01/07, 01/01/18, 07/01/24) Rule 901 - Notice of Assignment and Setting Matters for Hearing (a) New cases are assigned to a specific judicial officer for all purposes, except as provided in subsection (b). The case assignment will be stamped on the first page of the petition when it is filed. All appearances in the case must be made before the assigned judicial officer, unless otherwise ordered. Upon resolution of all non-child support related issues, matters involving the Department of Child Support Services shall be transferred to the AB 1058 Commissioner to resolve remaining issues related to child support or establishment of parentage. (b) All matters involving the Department of Child Support Services shall be assigned to the AB 1058 Commissioner where the issues before the court are related only to establishing parentage and/or child support. (c) Any subsequently opened Family Law case involving the same parties will be assigned to the same department assigned to hear the existing Family Law case. (07/01/97) (Revised 01/01/07, 01/01/18, 07/01/24, 07/01/25) Rule 902 - Presentation of Documents – Omitted (07/01/24) Rule 902.1 - Rules Specific to Child Custody and Visitation Matters (a) A party must inform the court when a Child Welfare Services investigation is pending in any county or if a family member with custody or visitation rights is or was involved with CWS. No permanent order will be made until CWS completes its investigation and the findings of that investigation are made known to the court. (b) Consistent with the obligations of the court set forth at Family Code section 3042, Evidence Code section 765, and California Rules of Court 5.250 to ensure that the children’s participation in child custody and/or visitation litigation are consistent with the child’s best interests before the child participates in litigation, attorneys representing parents in child custody and/or child visitation matters will have no direct contact with the minor children who are the subject of the litigation absent a court order authorizing the contact in advance of the contact. An attorney who has direct contact with a minor child or children who is or are subject to the litigation, either before or after the attorney has been retained by a parent, has an affirmative duty to promptly disclose that fact to the court and to the opposing party and his or her attorney. (c) Prior to hearing on a child custody and visitation matter, a designated court employee will conduct a criminal history search on the databases available to the employee of both parties to determine the applicability of Family Code sections 3030(a), (b) or (c); 3031(a); 3041.5; 3044(a); 3044(b)(2)(D); 3044(b)(2)(E); 3044(b)(2)(G); and 3044(d)(1). Only the information reportable pursuant to these statutes will be provided to the Judicial Officer

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hearing the matter. (07/01/24) (Revised 07/01/25, 07/01/26) Rule 903 - Matters Off Calendar After service of the moving papers, but before responsive pleadings are served, no matter will be taken off calendar without notice to the responding party or attorney. If responsive pleadings have been served and relief is requested by the responding party, the responding party or attorney must consent before the matter may be taken off calendar. (07/01/97) (Revised 01/01/07, 01/01/18) Rule 904 - Continuances All requests to continue must comply with California Rules of Court 5.95. (07/01/97) (Revised 01/01/07, 01/01/18, 07/01/24) Rule 905 - Hearings Estimated to Take More Than 20 Minutes If it is apparent to the assigned judicial officer, after consulting with counsel for the parties or self- represented party, that a matter will take more than 20 minutes the court will inquire of counsel for the parties or self-represented party to obtain a time estimate for the hearing, and the matter will be set for a hearing on the earliest available date given the time estimate. (07/01/97) (Revised 01/01/07, 01/01/18) Rule 906 - Family Centered Case Resolution All Dissolution of Marriage, Dissolution of Domestic Partnership, Legal Separation, Nullity of Marriage, and Uniform Parentage Actions shall be set for a judicially supervised family centered case resolution conference, entitled “Case Management Conference,” pursuant to California Rules of Court 5.83, and Family Code sections 2450-2452. (a) Case Management Conferences will be heard by a judicial officer. On the court’s initiative, or at the request of parties, to enhance access to the court, the Conference may be held in person, by telephone, by videoconferencing, or by other appropriate means of communication. (b) At the Case Management Conference counsel for each party and each self-represented litigant must be familiar with the case and must be prepared to discuss the party’s positions on the issues. (c) Any inclusion of alternative dispute resolution (ADR) in a case resolution plan under Family Code section 2451(a)(2) must comply with California Rules of Court 5.83 (d)(4). (d) All cases will be set for Case Management Conference 120 days following the filing of a Petition, however if a motion or other request for orders is presented for filing with the Petition, the first Case Management Conference will be set concurrently with the hearing date set on the motion or other request for orders. If the Case Management Conference is set 120 days following the filing of the Petition, then by the time of the first Case Management Conference the Petitioner shall have a Declaration of Service of the Preliminary Declaration of Disclosure (Judicial Council Form FL-141) filed, and the Respondent shall have a Declaration of Service of the Preliminary Declaration of Disclosure (Judicial Council Form FL-141) filed, provided that service of Summons was effected on the Respondent more than 60 days prior to the Case Management Conference. (e) At the Case Management Conference, the case status including discovery will be discussed, alternative dispute resolution ordered as appropriate, and mandatory settlement conference dates will be assigned so long as both parties have filed a Declaration of Service of the Preliminary Declaration of Disclosure (Judicial Council form FL-141), unless settlement of all issues is imminent. Trial dates will not be scheduled until after the mandatory settlement conference to ensure that the estimated time to the try the contested issues is accurate.

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(f) If an answer or response has not been filed within 120 days of the filing date of the action, and no default or judgment has been entered, the court will order a review hearing in accordance with California Rules of Court 5.83(c)(2). (g) Case Management Conferences shall thereafter be set in the court’s discretion, but at least every 180 days thereafter until disposition. (h) If, after 18 months from the date the petition was filed, both parties have failed to participate in the case resolution process as determined by the court, the court’s obligation for further review of the case is relieved until the case qualifies for dismissal under Code of Civil Procedure section 583.210 or 583.310, or until the parties reactivate participation in the case. (i) In deciding whether a case is progressing in an effective and timely manner, the court will consider the procedural milestones set forth at California Rules of Court 5.83(c)(4) and the additional factors for consideration set forth at California Rules of Court 5.83(c)(7). (01/01/07) (Revised 07/01/11, 01/01/14, 07/01/17, 01/01/18, 07/01/24) Rule 906.1 - Service of Case Information Sheet (Omitted 07/01/25) Rule 907 - Emergency Short Notice Hearings (a) All parties requesting an emergency short notice hearing must file the required pleadings with the clerk in Room 201 of the Tulare County Superior Court in Visalia or the Counter Clerk at the South County Justice Center in Porterville, depending upon where the case has previously been filed or is being filed concurrently with the request. The clerk will transmit the request to the assigned judge, who will review the pleadings and instruct the clerk as to whether an ex parte hearing is to be set. If instructed by the judge to do so, the clerk will set the matter for hearing before the assigned judge, unless the assigned judge is not available in which case an available judicial officer will hear the matter. (b) The procedure and notice of an emergency short notice hearing must be pursuant to California Rules of Court 5.151 through 5.169. (c) A short notice order granting exclusive use of a vehicle will not be granted unless the declaration demonstrates that the opposing party has suitable transportation available, or requires no such transportation, or such order is necessary for the immediate best interests of the child/ren. Only in unusual circumstances will an order for vehicle possession be issued on short notice. (d) A short notice order removing a party from a residence will not issue without facts demonstrating domestic violence, and the date or dates thereof, and that physical harm would result if the short notice order is not granted. (e) A short notice order requiring the payment of obligations will not issue without financial facts justifying the order, plus a fully completed Income and Expense Declaration containing at least an estimate of opposing party’s gross income. Only in unusual circumstances will a payment of an obligation order be issued on short notice. (f) Where an emergency short notice hearing is being requested related to a matter in the AB 1058 child support court, that request may be made directly through the AB 1058 court assigned clerks. (07/01/97) (Revised 01/01/07, 01/01/09, 01/01/10, 07/01/17, 01/01/18, 07/01/24, 07/01/25)

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Rule 908 - Omitted (01/01/18) Rule 909 - Omitted (01/01/18) Rule 910 - Omitted (07/01/11) Rule 911 - Omitted (01/01/18) Rule 912 - Omitted (01/01/18) Rule 913 - Omitted (01/01/18) Rule 914 - Failure to Appear/Tardiness (a) Failure of the moving party or attorney to be present at the calendar call, or failure to have informed the bailiff or clerk of his or her location, may result in the matter being removed from the calendar; and if the responding party has appeared, attorney fees and costs may be awarded to the appearing party. (b) In the event the responding party or attorney fails to appear or fails to have informed the bailiff or clerk of his or her location, the court may continue the matter, award attorney fees, or enter an order on the pleadings and testimony of the moving party. (07/01/89) (Revised 01/01/07, 01/01/18, 07/01/24) Rule 915 - Preparation of Order After Hearing (a) Findings and Order After Hearing prepared on printed local forms provided by the court shall be completed prior to the attorneys and/or parties leaving the courtroom on the day of the hearing. Fillable local form Findings and are also available on the court’s website at https://www.tulare.courts.ca.gov/forms-filing/local-forms-information-filing-instructions. (b) In the alternative, the court in its discretion may order preparation of the Findings and Order After Hearing to be made in compliance with California Rules of Court 5.125. (c) Findings and Order After Hearing forms will be prepared by the Self-Help Resource Center staff in cases in which both parties are unrepresented. (07/01/97) (Revised 01/01/07, 07/01/11, 01/01/14, 01/01/18, 07/01/24, 07/01/25) Rule 916 - Adoption of Schedule for Temporary Spousal Support Awards Except for good cause shown, temporary spousal support shall be calculated by using the computation method commonly known as the “Kings County formula” programmed into the support software certified by the Judicial Council. (07/01/00) (Revised 01/01/07, 01/01/18) Rule 917 - Income and Expense Declaration (a) Except as provided in Family Code section 6309, where a party requires information from an opposing party for the court to rule on financial issues that exceeds the scope of information the opposing party is otherwise affirmatively required to produce under existing law or these rules, the court expects the party and their counsel to propound discovery on the opposing party to obtain that information. (b) If production of documents under this rule is requested or ordered, the order must state, “___________ is ordered to comply with Local Rule 917, a copy of which is attached. Willful failure to comply with this rule may result in sanctions, if requested.” (c) In addition to the fully-completed Income and Expense Declaration required by CRC 5.92, a party subject to this Rule must serve on the other party, but need not file with the court, the following documents: (1) Copies of tax returns for the immediately preceding year (state and federal). (2) Copies of all records reflecting income (whether the income has been received or not) since the last tax return, including but not limited to bank statements and cash application (such as Zelle, Venmo, and similar cash apps) records of transactions.

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(3) Copies of partnership Schedule K-1’s filed within the last three years by any partnership in which either party has any interest. (4) Copies of financial statements received by either party regarding any legal entity in which either party had an interest during the last three years. (5) Copies of all loan applications or financial statements submitted to financial institution(s) within the last three years, whether or not a loan was obtained. (d) If any of the above-listed documents are not available to the producing party (i.e., they are in the possession and control of the other party) or no such documents exist, the producing party must file and serve a declaration under penalty of perjury specifying the unavailable category or document and the reason for its unavailability. (01/01/03) (Revised 01/01/07, 01/01/18, 07/01/24, 07/01/25) Rule 918 - Child Support and the Tulare County Department of Child Support Services (a) The language set forth at section (b) must appear in all orders or judgments, or as ordered by the court in any proceeding where child support, child support arrearages, or enforcement of child support is at issue in any of these circumstances: (1) A party is awarded custody of minor child/ren and is receiving, or is likely to receive, Temporary Assistance to Needy Families for the benefit of the child/ren; (2) The Department of Child Support Services has an open case and is either establishing or enforcing an order of support for the minor child/ren; (3) The issue of child support has not yet been addressed at the time the judgment is submitted for the court’s review and filing; (4) Either party requests that the Department of Child Support Services establish and enforce an order of support, and one or both parties want to open a case with the Tulare County Department of Child Support Services. (b) “The issue of child support is referred to the Tulare County Department of Child Support Services (hereinafter, the Department) for an investigation and report. Prior to the investigation commencing, one of the parties shall open a case with the Department, which can be done online at: https://childsupport.ca.gov/enroll/. Once the case has been opened with the Department, if not already filed with the Court, the parties shall have 30 days in which to file with the court and provide to the Department fully completed Income and Expense Declarations including all supporting information requested in that form. If either party fails to open a case with the Department within 60 days of the referral or provide the required Income and Expense Declaration within 30 days of the case opening, the Department will automatically be released from having to prepare the investigation and report. This release will not limit the Department’s ability to provide further services to the party that requested case opening. If the case is opened with the Department within 60 days of the referral and the required income information is received within 30 days of the case opening, the report of the Department shall be mailed to the parties or their attorneys within 120 days from the date of the referral. The Department will provide a blank Request for Order with the report. The parties will have 20 days after the mailing of the Department’s report to file a Request for Order objecting to the report. The objecting party shall simultaneously serve a copy of the Request for Order objecting to the report on the Department and the opposing party. In the absence of such an objection, the recommendation will be adopted as an order of this court. “The Department will enforce the payment of child support as ordered above. All child support payments must be made to the California State Disbursement Unit, P. O. Box

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989067, West Sacramento, CA 95798-9067. Parties must notify the Department of Child Support Services in writing within 10 days of any change of residence, income, or employment.” (01/01/03) (Revised 01/01/07, 01/01/09, 01/01/18, 01/01/21, 07/01/24) Rule 919 - Mandatory Child Custody Recommending Counseling and Confidential Voluntary Mediation Sessions in Child Custody and/or Visitation Matters Child Custody Recommending Counseling and Voluntary Mediation sessions will be held in private, and all written and verbal communication will be deemed “official information” (Evidence Code, § 1040). Any information may, however, be disclosed to the court. (a) Prior to their session, the parties shall complete the Online Orientation and Intake for Family Court Services located on the Tulare County Superior Court website at: https://www.tulare.courts.ca.gov. Select Family Court Services and click the box that states “complete here.” On the Orientation page, read instructions and follow the directions to complete orientation and registration. Notice will be sent automatically to Family Court Services. (b) Family Court Services Locations – Family Court Services’ main offices are located in Room 204 of the Visalia Courthouse. Family Court Services conducts Voluntary Mediation Sessions and Child Custody Recommending Counseling Sessions at their Visalia location and at the Self-Help Resource Center of the South County Justice Center. All Voluntary Mediation Sessions are to be scheduled through the Visalia office, but may be conducted at that office or at the South County Justice Center. The location of all Child Custody Recommending Counseling Sessions will be set by the assigned judge. (c) Child Custody Recommending Counseling Sessions - In all matters set for hearing involving disputed issues of custody and visitation of minor children, the parties will be referred to Family Court Services for mediation so long as a written response has been timely filed and served, or the moving party consents to late service of the response. The assigned judge will schedule the child custody recommending counseling appointment and a review hearing date which shall be set at least two weeks after the appointment date. The child custody recommending counselor will work to assist the parties in settling the issues by agreement on the date set for their appointment. If an agreement is reached, the child custody recommending counselor will prepare a stipulation, which will be submitted to the court for endorsement after the parties and their attorneys, if applicable, have reviewed and signed the document. If no agreement is reached, the child custody recommending counselor will prepare a written recommendation and reasons for the recommendation, which will be filed with the court and provided to the parties and their attorneys, if applicable, prior to their hearing date. The assigned judge will consider the recommendation at the time of the hearing. (d) Voluntary Mediation Sessions - Without the filing of a noticed motion, confidential Voluntary Mediation Sessions are available through Family Court Services. If an agreement is reached in mediation, a stipulation will be prepared and when signed by the parties, their attorneys, and the court, it will be filed in the court’s file. If no agreement is reached and a party desires that the court address the disputed issues of custody and visitation, a noticed motion must be filed by one of the parties and the matter must be set for hearing. At the hearing the case will be referred to Child Custody Recommending Counseling. A different Family Court Services staff member will be assigned to the case. (e) Challenge to a Child Custody Recommending Counselor – A request for change of child custody recommending counselor shall be addressed to the Family Court Services director,

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or his or her designee if the director is not present. The request for change of child custody recommending counselor shall be made prior to the beginning of the child custody recommending counseling session. If the request for change is not satisfactorily resolved, it may be directed to the assigned judge. (f) Complaint Procedure - Any objections that may arise in conjunction with a court-ordered child custody recommending counseling session must be presented to the director of Family Court Services. If the director or the director’s designee is not available, the matter may be presented to the assigned judge for resolution. (g) Participation of Children - A minor may give his or her input to the court, pursuant to CRC 5.250. Consistent with Family Code section 3042 and CRC 5.250, children may not be present in the courtroom during proceedings relating to them without prior approval of the court. (h) Domestic Violence Procedures - If the matter is referred by the court to Family Court Services for a Child Custody Recommending Counseling Session, the Session shall be conducted remotely and the party holding a restraining order, or who has made allegations of domestic violence occurring within the past five years in his or her moving papers, shall be interviewed separately. This court follows procedures outlined in California Rules of Court, rule 5.215. (i) Presence in Family Court Services - Only the parties involved in the Voluntary Mediation or Child Custody Recommending Counseling Session are to be present in the offices of Family Court Services in Visalia or at the Self Help Resource Center at the South County Justice Center in Porterville. Friends and relatives of the parties shall not be in the waiting room or in the area outside of either location while the parties are in their Voluntary Mediation or Child Custody Recommending Counseling Session. (07/01/97) (Revised 01/01/07, 01/01/09, 07/01/11, 01/01/18, 07/01/24) Rule 920 - Custody Evaluations (a) California Rules of Court 5.220 is implemented. (b) In all cases referred for evaluation or limited investigation for which there is no previous stipulation as to the evaluator or the process for selection of an evaluator, the parties will nominate three qualified professionals, and the court will choose from that list. No peremptory challenge will be allowed once the name of the evaluator is so chosen. (c) A court-appointed evaluator may petition the court to withdraw from a case. (d) Ex parte communication between the parties, counsel, and the court shall be governed by applicable statutes and Rules of Court. (e) A party may obtain information about finding a qualified evaluator by consulting directories in the local area. (f) A party to the action may present a complaint about the performance of a child custody evaluator to the Supervising Family Law Judge. Said complaint shall be in writing and copies of the complaint shall be served on all parties. A proof of service evidencing service of the complaint on all parties is required. A response to the complaint, if any, shall be presented to the Supervising Family Law Judge within seven (7) days of service of the complaint. Said response shall be in writing and copies of the response shall be served on all parties. A proof of service evidencing service of the response on all parties is required. Upon receipt of the complaint and the response, if any, the Supervising Family Law Judge may respond to the complaint as the Supervising Family Law Judge deems appropriate. (01/01/03) (Revised 01/01/07, 07/01/11, 01/01/18, 07/01/24)

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Rule 921 - Custody Orders and Agreements As allowed by Family Code section 3024, all custody agreements and orders shall contain language that is in substantial conformity to the following: “If either parent plans to change the residence of a child, subject to this order, for more than thirty (30) days, and that change will affect the ability of either parent to fulfill this parenting plan, the parent contemplating the move shall notify the other parent of said move by mail, return receipt requested and postage prepaid, to the last known address of the parent to be notified. A copy of the notice shall also be sent to that parent’s attorney of record. To the extent feasible, the notice shall be provided within a minimum of 45 days prior to the proposed change of residence so as to allow time for child custody recommending counseling of a new agreement concerning custody and visitation. It is the policy of this court that the parent contemplating the move is responsible for obtaining a modified parenting plan by either written agreement or order of the court.” Compliance with this notice requirement is not sufficient to change an existing order of custody and visitation. (01/01/03) (Revised 01/01/07, 07/01/11) Rule 922 - Settlement Conference Statement All parties and attorneys must attend a mandatory settlement conference prior to trial on a date designated by the court, unless exempted from compliance with this rule. An exemption will be granted only upon a showing of good cause and leave granted by the court. A motion for leave to dispense with any mandatory settlement conference requirement must be filed, calendared, and heard on or before the date of the settlement conference. At least ten days before the settlement conference, each party must submit to the court and serve on the opposing party a Settlement Conference Statement. These Statements will be marked as “Received” by the clerk, but will not be filed. The Statement must contain the following: (a) A list of all community assets and encumbrances, including the date of acquisition, purchase price, and present fair market value. If there is a dispute as to whether the asset is, in fact, community property, a tracing of the funds should be included. (b) A list of all property that the party claims is separate property, including the date and method of acquisition. The fair market value of separate assets should also be included. (c) Factual data upon which the parties rely in support of (or in opposition to) a claim for child support, and/or spousal support, and attorney fees. Any request for spousal support must be supported by a completed FL-157 form or other statement addressing all relevant facts as listed in Family Code section 4320. An updated Income and Expense Declaration must be filed concurrently with the Settlement Conference Statement if child or spousal support is to be addressed. (d) Where the parties possess real property, the same must have been appraised before the date of the settlement conference, and a copy of the appraisal must be attached to the statement. (e) Where the furniture has not been divided, a complete inventory of the furniture must be attached along with an appraisal or other reliable evidence of the fair market value of each item. (f) Motor vehicles listed must be accompanied by the Kelly Blue Book private party sale valuations. (g) When the asset is a pension or retirement plan, unless the parties have agreed regarding the pension division, or anticipate it will be an in-kind division, an appraisal of the same must be attached to the statement; provided however, that if a party is willing to accept the

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“vested cash value,” such party may furnish a certified statement by the holder of the pension giving the “vested cash value” of the pension. (h) A list of the community obligations existing at time of separation. If a spouse is claiming credit for payment after separation, an itemized list, with proof of payment, must be attached. (i) Any party contending that community property or quasi-community property of the parties should be valued at a date after separation and before the trial must comply strictly with the provisions of Family Code sections 2550-2552 with respect to notice to the other party. Such motion must have been made and heard before the date of the settlement conference. (j) A statement that the value of an asset or liability is unknown (without a showing that a good faith appraisal thereof could not be made), or that a valuation of the asset is not made because a party seeks a sale, a deferred sale of home order, or equal division of the asset, will be deemed a material failure to comply with these rules. (k) Where it is urged that the family home be retained pursuant to Family Code section 3800, all facts relevant to this issue must be included in the statement. (07/01/97) (Revised 01/01/07, 07/01/24, 07/01/25) Rule 923 - Court’s Dismissal Pursuant to Delay Reduction Guidelines Dismissals of Family Law matters shall be made without prejudice and in accordance with the mandates of Code of Civil Procedure sections 581, 583.161, 583.250, 583.310, 583.360, 583.410, 583.420, and California Rules of Court 3.1340 and 3.1342, as applicable. (07/01/97) (Revised 01/01/07, 01/01/18) Rule 924 - Entry of Default Envelopes provided to the superior court clerk for mailing to parties in default in a dissolution matter must contain the return address of the superior court clerk, not the address of the moving party. The court’s address for cases assigned to the Visalia Court is: Clerk of the Superior Court, County Civic Center, Room 201, Visalia, CA 93291, Case No.: ___________________ ; the court’s address for cases assigned to the Porterville Court is: Clerk of the Superior Court, 300 E. Olive Avenue, Porterville, CA 93257, Case No.: ___________________ (07/01/00) (Revised 01/01/07, 01/01/18) Rule 925 - Omitted 01/01/10 Rule 926 - Parties Not Represented Any proposed Marital Settlement Agreement in which only one party has legal counsel should contain language which is in substantial conformity with the following: “Petitioner/Respondent acknowledges by the initials at the end of this paragraph that she/he has been advised to obtain independent legal counsel and that she/he has voluntarily chosen not to do so; that she/he has read and understands the contents and legal effect of this agreement and has entered into it and signed it freely and voluntarily. (initials of party)” (07/01/97) (Revised 01/01/07, 01/01/18) Rule 927 - Early Disposition Conferences The purpose of an early disposition conference (EDC) is to expedite and simplify family law litigation. Participation in an EDC is not in lieu of a mandatory settlement conference and will not relieve either party of the duty to participate in a regularly scheduled settlement conference. Parties and counsel must mutually agree on an EDC date and must contact the appropriate family law courtroom clerk with the requested date. (07/01/97) (Revised 01/01/07, 07/01/11, 01/01/18)

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Rule 928 - Procedures for Entry of Judgment and Common Child Support Orders (a) All proposed judgments or findings and orders after hearing in which child support is ordered shall include a copy of Judicial Council Form FL-192 entitled “Notice of Rights and Responsibilities Regarding Child Support,” and shall contain the following language: (1) “The parent ordered to pay support must pay additional monthly support for reasonable child-care costs, as follows: ___one-half or __% (specify amount) per month of the costs. Payments must be made to the __ other parent __State Disbursement Unit __ child-care provider (select one).” (2) “The parent ordered to pay support must pay reasonable uninsured health-care costs for the children as follows: ___one-half or __% (specify amount) per month of the costs. Payments must be made to the __ other parent __State Disbursement Unit __ healthcare provider (select one).” (b) All proposed judgments or findings and orders after hearings containing a stipulation to set child support below the guideline amount of child support shall contain the following: (1) A clear recitation of the provisions of Family Code section 4065(a), and the parties’ understanding of and agreement to each of those provisions. (2) A copy of the guideline calculation of child support. (c) All judgments or findings and orders after hearings containing a child support order that is being enforced by Tulare County Department of Child Support Services (TCDCSS) shall have attached to it Form FS01, “Standard Orders Attachment.” A supply of forms as mentioned above in this rule shall be maintained and distributed by the courtroom clerks as well as be available on the court’s web site (https://www.tulare.courts.ca.gov) and for purchase from room 201 of the Visalia courthouse and from the Counter Clerk of the Porterville Courthouse. (01/01/03) (Revised 01/01/07, 01/01/18, 01/01/20, 07/01/24, 07/01/25) Rule 929 - Family and Juvenile Court Management of Child Abuse Cases It is the policy of this court to identify and coordinate custody proceedings involving the same child, which may appear in multiple legal settings. It is further the policy of the court to coordinate the efforts of the different court systems so that the child/ren’s and family’s needs are served and the resources of the family and the court are not wasted. To these ends the court and the agencies serving the court must cooperate to increase the exchange of information and to determine the most appropriate forum for the resolution of the issues relating to the child/ren. (Pursuant to Welfare & Institutions Code section 827.10.) (a) Report Pursuant to Penal Code section 11166 - If, during the pendency of a family law proceeding, a child abuse allegation against one of the child’s parents comes to the attention of a Family Court Services staff member or other evaluator, that person must first determine whether the allegation must be reported to a child protection agency, pursuant to Penal Code section 11166. If that person determines the allegation does not fall within the description of section 11166, he/she need not make a report. However, any other person may report the allegation to a child protection agency. (b) Child Abuse Investigation - When the Health and Human Services Agency, Child Welfare Services Branch (CWS), receives a report of suspected child abuse during the pendency of a family law proceeding, it must investigate the matter immediately, or within 10 days, unless the judicial officer from family court requests an earlier investigation. CWS, and the law enforcement agency having jurisdiction, must coordinate their investigative efforts. If CWS becomes aware that a family law case is ongoing concerning a child who is the

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subject of a suspected child abuse investigation, CWS must inform Family Court Services of the pending investigation and any decisions it makes concerning the child abuse investigation. If CWS, or the law enforcement agency having jurisdiction, determines that further investigation is necessary, the agency making that determination must contact the other agency immediately so that all investigative efforts may be coordinated. (c) Welfare and Institutions Code section 329 Application - If CWS decides not to intervene, or fails to report to the reporting party within 10 days, any person may apply to the social worker pursuant to Welfare and Institutions Code section 329. In that application, the affiant must give notice and identifying information of any pending family law proceeding. A copy of the application must be sent to Family Court Services by the moving party. The social worker must respond to the application as soon as possible, or within three weeks after submission of the application (Welf. & Inst. Code, § 329). (See Appendix 4 for application and order form or use Judicial Council form JV-212, Application to Review Decision by Social Worker Not to Commence Proceedings.) (d) Suspension of Family Court Proceedings Pursuant To Welfare and Institutions Code section 300 Petition Filed In Juvenile Court - Upon the filing of a petition pursuant to Welfare and Institutions Code section 300 in the juvenile court, all custody and visitation proceedings in the family court are suspended. The juvenile court clerk will determine whether there is a family law court file concerning the child/ren named in the petition. If there is a family law court file, the juvenile clerk will send a copy of the notice required under Welfare and Institutions Code section 335 to the family law court. Upon receipt of such notice, the family law clerk will place such notice in the family law file. Thereafter, custody and visitation issues will be determined by the juvenile court. The family court will resume jurisdiction over custody and visitation issues only after termination of jurisdiction of the juvenile court. Upon termination of jurisdiction of the juvenile court, the clerk of the juvenile court will lodge a copy of the order terminating jurisdiction and any juvenile court custody order in the family court file. (e) Review of Dependency Decision - If CWS decides to initiate dependency proceedings after reviewing the application under Welfare and Institutions Code section 329, any person may apply to the juvenile court to review that decision pursuant to Welfare and Institutions Code section 331. The application for court review must include a copy of the application made pursuant to Welfare and Institutions Code section 329. The juvenile court will rule on the application as soon as possible, and in no event later than 30 days after receipt of the application. (f) Informal Supervision Agreement - If, during the CWS worker’s investigation, one or both parents reach an informal supervision agreement pursuant to Welfare and Institutions Code section 331, a copy of that agreement must be sent immediately to CWS, to Family Court Services, to family court, and to each parent. (g) Family Code section 3150 Appointment of Counsel - During family court proceedings in which allegations of child abuse have been made, the family court judge may appoint counsel for the child/ren (Fam. Code, § 3150) to protect the child/ren’s interests and/or to expedite the policy stated herein and carry out the terms of this protocol. (h) Coordination of Cases - At any time during the process described herein, the supervising judges and bench officers of the family and juvenile courts are encouraged to discuss, generally, problems relating to the coordination of cases involving child abuse allegations.

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Nothing in this section will be construed to permit judicial officers to discuss the specific facts of any certain case. (07/01/00) (Revised 01/01/07, 07/01/11, 01/01/20, 07/01/24)

Rule 930 - Self Help Resource Center/Family Law Facilitator - Resource for People Who Represent Themselves (a) The services provided by the Family Law Facilitator are pursuant to the Family Law Facilitator Act, Family Code section 10000 et seq., including the additional duties set forth in Family Code section 10005. (b) To the extent adequate funding is provided, the duties set forth in Family Code section 10005, in addition to those mandated by Family Code section 10004, are adopted as a local rule of court. These duties include that the Family Law Facilitator’s office may meet with litigants to draft stipulations to include all issues agreed to by the parties, which may include issues other than those specified in Family Code section 10003; and may prepare formal orders consistent with the court’s announced order in cases where both parties are unrepresented. (c) The Family Law Facilitator has offices located at Room 203 of the Visalia courthouse located at 221 South Mooney Boulevard, Visalia, CA 93291, and at the Self Help Resource Center of the South County Justice Center located at 300 E. Olive Avenue, Porterville, California 93257. Parties may call (559) 737-5500 or email selfhelp@tulare.courts.ca.gov for information regarding the services of the Family Law Facilitator and the Self-Help Resource Center. (01/01/03) (Revised 01/01/07, 01/01/09, 01/01/10, 01/01/18, 01/01/23, 07/01/24, 07/01/25) Rule 931 - Domestic Violence Coordination Rules (a) Prior to a judge reviewing a Request for Domestic Violence Restraining Order, a designated court employee shall, in conformity with Family Code section 6306, conduct a search on the databases available to the employee to determine if the subject of the proposed order has a prior criminal conviction for a violent felony specified in Penal Code section 667.5 or a serious felony specified in Penal Code section 1192.7; has a misdemeanor conviction involving domestic violence, weapons, or other violence; has an outstanding warrant; is currently on parole or probation; owns or possesses a firearm as reflected in the Department of Justice Automated Firearms System; or has a prior restraining order or a violation of a prior restraining order. The search will include a search of the databases set forth in subdivision (a)(1) of Family Code section 6306. The employee conducting the search will submit to the judicial officer hearing the matter a written memorandum containing only the information reportable pursuant to Family Code section 6306. All additional provisions of Family Code section 6306 will apply, including but not limited to the provisions regarding judicial use of the information, confidentiality and destruction of information, and the parties’ access to the information. (b) The court’s criminal, family, and juvenile law departments shall use all reasonable efforts to communicate and exchange information with each other regarding any domestic violence orders. (c) No department of the family or juvenile court shall knowingly issue a protective order or custody order in conflict with an order of the criminal court. If such an order issues inadvertently, the orders of the criminal law proceeding shall have priority. A court issuing a criminal protective order may, after review of any existing family or juvenile court orders,

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modify the criminal protective order to allow or restrict contact between the restrained person and his or her children, spouse, or other protected person. (d) A family or juvenile court order may coexist with a criminal court protective order, subject to the following: (1) Any order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain either printed or handwritten language that violates a “no contact order” issued by a criminal court. (2) Safety of all parties shall be the courts’ paramount concern. The family or juvenile court order shall specify the time, day, place, and manner of transfer of the child, as provided in Family Code section 3100. (e) Upon granting of relief (through initial petition, modification, or termination), the clerk shall convey within 24 hours a file-endorsed copy of the order to the Tulare County Sheriff’s Department (TCSO) for input into CLETS (a statewide computerized registration system for restraining orders), or to the court CLETS administrator upon that program becoming operational. (01/01/07) (Revised 07/01/11, 01/01/18, 07/01/24, 07/01/25, 07/01/26) Rule 932 - Complaints Regarding Minor’s Counsel in Family Law The court maintains a list of attorneys who may be appointed counsel for children in family law matters. These attorneys must sign the Judicial Council Form FL-322 stating they have completed the required training outlined in California Rules of Court, rule 5.240. The court uses a rotation system to appoint the attorneys. If an attorney is appointed who is not on the list, the court will state on the record the reason for the appointment (Cal. Rules of Court, rule 5.240(d)(3)). In a family law proceeding in which the court has appointed counsel for minor children, any party or counsel or minor child may present a written complaint about the performance of appointed counsel pursuant to California Rules of Court, rule 5.240(e). The complaint must be filed and served on all counsel and self-represented parties, and a copy must be delivered to the courtroom clerk for the Presiding Family Law Judge. The court will respond to the complaint within 30 days, either by setting the matter for hearing or by issuing a written response. (Cross reference Local Rule 1007(q).) (01/01/10) (Revised 07/01/11, 07/01/25) Rule 933 - Appointment of Elisor (a) A court order for the appointment of an elisor must be made by a Request for Order. (b) The Request For Order must include at least one supporting declaration with a list of the exact documents the elisor is being asked to sign. (c) Copies of the documents to be signed must be filed with the Request for Order. The original documents presented to the elisor for signature must be identical to the copies of documents attached to the Request for Order. (d) An order appointing an elisor must designate “The Clerk of the Court or Clerk’s Designee” as the elisor. (01/01/18) (Revised 07/01/24, 07/01/25) Rule 934 - Venue (a) Initial pleadings in a family law matter may be filed either at the Visalia Courthouse or the South County Justice Center in Porterville, except as provided for at section (b). (b) Petitions for Return of Minor Children made in accordance with the Hague Convention on the Civil Aspects of Child Abduction shall filed be in the Visalia Division. (c) Venue may be transferred in the following circumstances, and consistent with Code of Civil Procedure section 397:

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(1) The parties may stipulate to transfer venue. (2) A party may file a Request for Order to Transfer Venue, and if granted venue will be transferred. (3) The court on its own motion and in its discretion may transfer venue in accordance with Code of Civil Procedure section 397. (01/01/18) (Revised 07/01/24, 07/01/25) Rule 935 – Processing and Maintaining Reports and Declarations from Supervised Visitation Providers Supervised visitation providers have a number of legal responsibilities and duties under Family Code section 3200.5 and Standard 5.20 of the California Standards of Judicial Administration (Uniform Standards of Practice for Providers of Supervised Visitation). Providers should be familiar with all requirements. In addition, the following obligations must be satisfied. (a) Professional Supervised Visitation Providers’ Obligations - The professional supervised visitation provider must sign a Declaration of Supervised Visitation Provider (Professional) (Judicial Council Form FL-324(P)) stating that all training and qualification requirements to be a professional provider have been met, both: (1) Before providing initial supervised visitation in a case; and (2) When updating the form and attaching an original report of the supervised visitation monitored by the visitation provider. See Cal. Rules of Court, subds. (e) & (r) of Standard 5.20. When the Declaration is submitted before provision of initial supervised visitation in a case, a copy of the form must be submitted to the Director of Family Court Services. Every time the professional visitation provider submits a report to the court required by Standard 5.20(j)(3), a separate copy of the report must be submitted to the Director of Family Court Services. (b) Nonprofessional Supervised Visitation Providers’ Obligations – If ordered by the court, the nonprofessional supervised visitation provider must sign the local court form Declaration of Supervised Visitation Provider (Nonprofessional) (FAM-013) stating that all requirements to be a nonprofessional provider have been met and that the provider has read the Judicial Council publication entitled “Supervised Visitation A Guide for Non- Professional Providers” or will have read it prior to visits beginning. See Cal. Rules of Court, subd. (d) of Standard 5.20. (01/01/22) (Revised 01/01/23, 07/01/24, 07/01/26) Rule 936 – Electronic Submission of Petitions for Domestic Violence Restraining Orders Notwithstanding any provision to the contrary in these rules, petitions for domestic violence restraining orders and any filings related to those petitions may be submitted electronically during and after normal business hours. The deadlines applicable to any action taken by the court with respect to a petition filed directly with the court shall apply to any action taken with respect to a petition submitted electronically. Instructions for electronic filings permitted under this rule are available on the court’s website at https://www.tulare.courts.ca.gov/online-services/efiling. Members of the public may contact the clerk’s office at (559) 730-5000, option 4, to obtain information about electronic filing permitted under this rule. The telephone number shall be staffed during regular business hours. Court staff shall respond to all telephonic inquiries within one business day. (07/01/2022) Rule 937 – Remote Appearances at Family Law Hearings, Including Petitions for Domestic Violence Restraining Orders (a) In accordance with Family Code section 6308, a party or witness may appear

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remotely at all hearings on a petition for a domestic violence restraining order. (b) In family law hearings other than evidentiary hearings and trials (as defined by California Rule of Court 3.672(c)(2)), parties and attorneys are authorized to appear remotely by video or telephone using the Court’s designated remote appearance platform, unless the court requires an in-person appearance. If remote appearances are allowed under these rules, it is not necessary for a party or attorney to file a Notice of Remote Appearance (RA-010) before making the remote appearance. (c) Instructions for remote appearances permitted under this rule are available at the court’s website at: https://www.tulare.courts.ca.gov/online-services/request- remote-hearings. (d) California Rule of Court 3.672(h) shall govern remote appearance requests for evidentiary hearings and trials. (e) Members of the public may obtain assistance regarding remote appearances by calling (559) 738-2330. This telephone number shall be staffed 30 minutes before the start of the court session at which the hearing will take place, and during the court session. (07/01/2022) (Revised 07/01/24, 07/01/25) Rule 938 – Evidentiary Hearings (a) The term “evidentiary hearing” shall include trials and contested hearings. (b) The following rules shall apply to the calling of witnesses: 1. Unless otherwise ordered by the judicial officer scheduled to hear the evidentiary hearing, Witness Lists shall be filed with the court and served to the opposing party or their attorney of record at least 10 calendar days prior to the date the evidentiary hearing is set to begin. A proof of service shall be filed confirming timely service of the Witness List. 2. Each party is responsible for having all witnesses available at the time their testimony is required. No trial will be delayed because of incorrect scheduling of witnesses unless the party can show the court that (1) due diligence was exercised in attempting to secure the witness’s presence, and (2) the witness’s presence is necessary to ensure a fair trial. If a problem arises because of incorrect scheduling of witnesses, the court will usually permit the calling of witnesses out of order. (c) The following rules shall apply to presentation of evidence with exhibits: 1. Unless otherwise ordered by the judicial officer scheduled to hear the evidentiary hearing, at least 10 calendar days prior to the date the evidentiary hearing is set to begin each party must either: a. File an Exhibit List with the court and serve a copy to the opposing party or their attorney of record; file and serve a proof of service confirming timely service of the Exhibit List; serve a copy of each exhibit listed in the Exhibit List to the opposing party or their attorney of record; and file a proof of service confirming timely service of the exhibits; or b. Upload the party’s exhibits to the Omnigo Digital Portal, and serve the exhibits through the Digital Portal. If all exhibits are uploaded and served through the Digital Portal, the party must only print an exhibit list from the Digital Portal and file it with the court. 2. Exhibits shall not be filed with the Clerk’s Office. 3. Each party shall be responsible for bringing their exhibits to the evidentiary hearing to be marked as evidence.

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(d) Audio and video recording evidence: 1. Any party who has not uploaded their exhibits to the Omnigo Digital Portal and intends to introduce video or audio recording evidence must bring that evidence to court preserved on a thumbdrive, compact disc (CD), or other similar storage device that can be marked as evidence. The party shall also bring a device to play the recordings on during the hearing that can be viewed by all parties and the judicial officer. 2. Transcription of Recorded Documents - Prior to the commencement of any trial, a typed transcription of any sound recording which a party expects to offer into evidence must be prepared and must be certified by the preparer as containing a true transcription of such recorded statement. Failure to prepare such transcription may be presumptive cause for exclusion of such statement from evidence.

(07/01/25)

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CHAPTER 10 - PROBATE MATTERS PART ONE. General Rule 1000 - Calendar and Procedural Matters (a) Probate Calendar - All probate matters and adoptions will be assigned as set forth in the annual order of the court pursuant to The Superior Court of Tulare County, Local Rules, rule 300. Conservatorships under the Lanterman-Petris-Short Act (hereinafter “LPS”; Welf. & Inst. Code, § 5150 et seq.) will be set only on Tuesdays, and adoption proceedings on Thursdays or Fridays as directed by the court. (b) Filing Deadlines - All required moving pleadings in probate matters must be filed with the superior court clerk at least 15 days prior to the hearing date. All Probate Code and court ordered due dates for filing will be strictly observed (e.g., inventory and appraisements, accountings, status reports, receipts on blocked accounts, and receipts from personal representatives on deceased conservatees). Failure to comply with statutory or court requirements may result in imposition of surcharges, or other sanctions, without a showing of good cause. (c) Filing of Pleadings and Proposed Orders - All pleadings and orders submitted in probate matters must be captioned in conformity with rules 2.111 and 7.102 of the California Rules of Court, and other applicable law. The hearing date and time must be all in upper case. (1) Supporting Papers - Supporting papers must be filed at least 10 days in advance of the scheduled hearing date. Proofs of publication may be filed within two days of the scheduled hearing date. (2) Orders - Except in the case of confirmation of sales and contested matters, proposed orders should be lodged in the court case file at least five days in advance of the scheduled hearing date unless authorized by the court. (3) Continuance on Untimely Filing - For failure to file supporting papers or other documents necessary to allow the court to rule on the particular matter, the court will automatically continue the matter for two weeks, without a showing of good cause for such failure. (4) Duties and Liabilities of Personal Representative - As authorized by Probate Code section 8404(b), these rules require the personal representative’s birth date and driver’s license number on the Acknowledgment of Receipt of the Statement of Duties and Liabilities of Personal Representative. The Receipt shall be maintained in a confidential envelope in the court case and will not be released for viewing by the public. (d) Disposition Requirements - In probate matters involving a decedent’s estate where a personal representative has been appointed, the court will issue an Order to Show Cause (OSC) regarding the status of the case if a Judgment of Final Distribution, or a Report of Status of Administration, has not been filed within 12 months after probate letters issued in cases where a federal estate tax return is not required. In an estate for which a federal estate tax return is required, the Judgment of Final Distribution or Report of Status of Administration is to be filed within 18 months from the issuance of letters. At the OSC hearing, the court will establish appropriate time limits to accomplish a prompt disposition of the matter. (e) Special Notice Situations

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(1) Special Letters - Except in unusual cases, a party seeking special letters of administration, or temporary letters of guardianship or conservatorship, must give notice of the application to the surviving spouse, proposed ward, domestic partner, conservatee, or other persons who seek or might be expected to seek letters, and any other person who appears to be equitably entitled to notice. This notice must be given as required for other ex parte orders. (See California Rules of Court, rule 3.1200-3.1207.) (2) Publication of Notice of Death - The published notice of death is sufficient to include only those instruments that are offered for probate and specifically referred to in the petition for which the notice is given. Any other will or codicil not specifically mentioned in such petition must be presented to the court in an amended petition or a second petition, and notice of that hearing must also be published. (3) Mailing of Notice of Administration/Notice to Creditors - Notice to known creditors, apart from that published as otherwise prescribed by law, is required under Probate Code section 9050, and proof of said mailing must be filed with the court prior to the filing of any petition for final distribution. “Notice to Creditors” is a Judicial Council form bearing a proof of service on the reverse for completion and filing with the court. (07/01/97) (Revised 01/01/07, 01/01/16, 01/01/2020, 07/01/25, 07/01/26) Rule 1001 - Hearing Procedures (a) Approval of Matters without Hearing - If, after reviewing the file, a matter is unopposed and approved by the court or approved by the court with modification accepted by counsel, no appearance of counsel will be necessary on the hearing date if written verification of agreement is filed by counsel. If, at the time set for hearing on any such pre-approved matter, any opposition to requested relief is offered in writing, the matter will automatically be continued two weeks and written notice will be given by the clerk to petitioner’s counsel of record, unless otherwise directed by the court. If the court refuses to approve the request without hearing due to the petitioner’s failure to satisfy statutory or local rules requirements, the matter will be continued for two weeks, without a showing of good cause. All matters will be posted on the court’s web site at https://www.tulare.courts.ca.gov and on the appropriate links for the probate department the day before each hearing date. (b) Continuances - Continuances requested by counsel may be made only in court, or through the probate judge’s clerk. A continuance will not be granted if there is opposing counsel unless a request is made in open court, or by written stipulation of all counsel, to a date arranged by the probate clerk. If the matter has been specially set, it may not be continued without the written stipulation of all counsel and the approval of the court scheduled to hear the matter. Without a showing of good cause, no more than three continuances will be granted before the matter is dropped from the calendar. If a petition for probate of a will is called for a hearing, and an attorney or party appears and orally objects, the court will continue the hearing for a reasonable length of time, not exceeding four weeks, if the party objecting declares that a written contest will be filed. If such written contest is not actually filed prior to the continued date, the hearing will proceed as if no objection had been made. (07/01/00) (Revised 01/01/07, 07/01/25)

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Rule 1002 - Contested Matters (a) Meet and Confer Requirement - If any probate petition is contested or opposed, the parties or attorneys must make a reasonable and good faith attempt to informally resolve the controversy, at a face-to-face conference, before any hearing of the contested petition. If there is no resolution, each party must file a Statement of Issues identifying every unresolved issue with references to any supporting evidence and memorandum of points and authorities on file, and an estimate of the time required for the hearing. Each party must also prepare and file, by declaration, an offer of proof listing the witnesses to be called and the nature and the general subject matter of their testimony. At least two court days before the hearing date, each party must either (1) notify the calendar clerk in the court administrator’s office that the controversy has been resolved, or (2) file and serve the Statement of Issues. This rule will not apply to contested LPS conservatorship matters not involving jury trials and for which estimated time for hearing is 30 minutes or less. (b) Transfer to Trial Calendar - If the hearing on a contested matter is estimated to be one day or less, the hearing will usually be held before the probate judge on the regular probate calendar. If a hearing on a contested matter is estimated to be more than one day, and counsel appear at the probate calendar, the matter will be set by the probate judge on the trial calendar. (c) Objections - Any opponent to a petition, accounting, or other matter scheduled for hearing, except contested LPS conservatorship petitions, must file verified, written objections stating the grounds for such objections prior to the hearing. Notice of any opposition and/or any intention to appear must be given to the attorney for petitioner at least two court days before the scheduled hearing date, unless good cause is shown. (07/01/00) (Revised 01/01/07, 01/01/20) Rule 1003 - Ex Parte Matters Ex parte petitions will be heard in the court probate department according to the assigned probate judge’s determination on any court day, subject to the probate judge’s availability. In the probate judge’s absence, ex parte matters will be heard by another judge. Appointments for ex parte hearings must be made through the clerk of the court (room 201 of the Visalia courthouse or the civil clerk at the South County Justice Center). No application for an ex parte order, or a temporary restraining order which has been previously rejected by a judge of this court, shall be presented to any other judge of this court without the judge to whom it is being presented being expressly informed of the circumstances of the previous application and the reasons for its denial. (a) Contents of Petition - All petitions for an ex parte order must be verified by the petitioner and must contain sufficient evidentiary facts of the emergency nature of the petition to justify issuing the order. Conclusions or statements of ultimate facts are not sufficient, and a foundation must be shown for the petitioner’s personal knowledge. (b) Special Notice Allegation - All petitions for ex parte orders submitted after the initial appointment of the personal representative must contain a statement on special notices. The statement must either recite that no request for special notice is on file and in effect, or it must list the parties requesting special notice and have attached the specific waivers of notice by such parties or proof of service on such parties. (c) Notice to Counsel or Opposing Party - Where the emergency nature of the application is apparent and the court elects to consider the matter ex parte, but the need for an

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opportunity to be heard is also apparent, moving counsel must give at least six business hours’ notice of the nature of the application and the time and place of the hearing to counsel for other interested parties or to unrepresented interested parties. Before the court will proceed with the hearing, moving counsel must submit a declaration to the court factually setting forth efforts to give such notice, or facts supporting the conclusion that it was impossible to give such notice. (d) Separate Order Must Accompany Petition - Except where a Judicial Council form is used, a petition for an ex parte order must be accompanied by a separate order complete in itself. It is not sufficient for such order to merely provide that the application has been granted, or that the sale of property or security set forth in the petition has been approved. (e) Sale of Personal Property: Ex parte petitions for approval of sale of depreciating or perishable personal property pursuant to Probate Code section 10000 et seq. must set forth the appraised value of such property. Ex parte petitions for the sale of securities must set forth the established stock or bond exchange applicable to the sale, or if there is no such exchange, then the amount of the minimum sales price must be stated. (07/01/00) (Revised 01/01/07, 01/01/20, 07/01/26) Rule 1004 - Probate Referee Procedures (a) Appointment of Probate Referee – The State Controller’s office maintains a list of approved probate referees in each county. Applications for appointment of one of the approved probate referees for Tulare County may be filed with original petitions or moving papers. If a referee is not appointed on the order for probate, an original and one copy of an application for appointment of a referee must be filed with the clerk. Such application should not be made earlier than the time at which the order of appointment of executor, administrator, guardian, or conservator is submitted. (b) Submission of Inventory - All inventories and appraisals for sales (whether initial or subsequent) must be received from the appointed referee and filed with the clerk of the court at least two weeks prior to any court appearance involving a sale or distribution of any assets contained in such inventory and appraisal. (c) Statement Regarding Bond - Items 5 through 8 of the “Inventory and Appraisal Form” (DE-160) must be fully completed as to the particulars of the bond, or assurance to the estate, in all matters requiring the filing of an inventory and appraisal except for Spousal Property Petitions and Summary Administration proceedings under Probate Code section 13100 et seq. (07/01/97) (Revised 01/01/07) Rule 1005 - Accountings and Final Distributions (a) General Requirements - The format for all accountings filed in probate proceedings, including guardianship, conservatorship, and decedent’s estates and trust accounts, must be in conformance with Probate Code section 10900 et seq. and the materials set forth in the following continuing education of the bar publications: California Decedent Estates Practices, California Conservatorships, and California Trust Administration. All accountings must set forth the beginning and ending dates of the accounting period, contain a summary or recapitulation of all charges and credits to the fiduciary, and be presented in a standard financial statement format entitled, “Summary of Account.” (See Prob. Code, § 10900 for proper format.) The “Summary of Account” must be included in the body of the petition, or incorporated by reference, and charges and credits must balance.

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(b) Supplemental and Amended Accounts - A supplemental accounting in a decedent’s estate must include only receipts and disbursements occurring since the ending date of the last filed accounting. A supplemental account is not to be used to amend or correct the last filed account. An “Amended Accounting” must be filed to change the last accounting filed. Any supplemental or amended accounting must be noticed for hearing, unless the court by order dispenses with notice. (c) Waiver of Accounting - Even though an accounting has been waived, the report that is made in lieu thereof must state how much is to be paid to the attorney and the representative and set forth the manner in which such compensation is calculated. The report must also clearly identify the assets in the estate on hand at the end of the accounting period. “Waivers of Accounting on Final Distribution” must comply with Probate Code section 10954. Applications for “Waiver of Accounting” must be included in the caption of the Petition and in the Notice of Hearing. (d) Preliminary and/or Final Distribution Requests - In any request for distribution, sufficient facts must be set forth as to known creditors’ claims, contingent claims, administration expenses, taxes, projected fees and commissions, and other necessary information, in order for the court to determine that the estate is solvent and that the distribution may be made as prayed. It is not sufficient to merely state that all claims have been paid. The claims presented must be listed, showing the claimant, the amount claimed, and the disposition of each claim. If any claim has been rejected, the date of service of the notice of rejection of the claim must be stated. The allegations regarding disposition of all claims must appear in the petition for final distribution even though such allegations may have appeared in whole or in part in prior petitions. A request for preliminary distribution must also indicate why the estate is not in a condition to be closed. (e) Distribution Petitions and Orders - A petition for distribution must describe in detail all property to be distributed either in the body of the petition, in the prayer, or by an Account Summary incorporated in the petition by reference. An order of distribution must be drafted so that it is complete without reference to the petition, and without reference to any documents which are not part of the order. Complete legal descriptions of all assets and the full names of all distributees must be set forth in the order, not attached thereto. Nothing shall follow the signature of the judge. (07/01/97) (Revised 01/01/07) Rule 1006 - Family Allowance Before an inventory is filed, the court may order a family allowance, as provided in Probate Code sections 6540, 6541, and 6542. If a petition for a family allowance order is filed more than six months after the personal representative has been appointed, or after the inventory has been filed, or is a petition for a second or increased allowance, it must be noticed and placed on the calendar. Such orders will be limited to a definite period, usually not to exceed 12 months. It is the court’s policy not to make orders for family allowance for an unlimited period. If any estate is being administered under the Independent Administration of Estates Act, the personal representative may pay a family allowance without prior court order by following the Notice of Proposed Action procedure as set forth in the Probate Code. (07/01/97) (Revised 01/01/07)

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PART TWO. Guardianships and Conservatorships Rule 1007 - Procedures for Temporary and General Guardianships (a) Guardianship Orientation; LiveScan process; Guardianship Questionnaire. The court will not issue an order appointing general guardian, or issue letters of general guardianship, before: (1) each proposed guardian has viewed the court’s online guardianship orientation and filed a completed “Declaration of Completion of Orientation for Guardian”; (2) each proposed guardian has filed a completed Confidential Guardianship Questionnaire (PRO-004); and (3) each proposed guardian, and each member of his/her/their household over the age of 18 has completed the Department of Justice Live Scan fingerprinting/background check process and authorized release of required information to the court. (b) Information and Instructions on Guardianship Procedures. Packets with information and instructions on procedures and required forms for guardianships are available on the court’s website at https://www.tulare.courts.ca.gov/forms-filing/local-forms-information-filing- instructions. (07/01/00) (Revised 01/01/07, 01/01/09, 01/01/10, 01/01/16, 07/01/25) Rule 1008 - Procedures for Temporary and General Probate Conservatorships (a) Conservatorship Orientation; LiveScan process; Conservatorship Questionnaire. Unless the proposed conservator is the public guardian or a previously qualified professional conservator, the court will not issue an order appointing general conservator, or issue letters of general conservatorship, before: (1) each proposed conservator has (i) viewed both the court’s online conservatorship orientation and video entitled “With Heart: Understanding Conservatorships,” (ii) printed and/or downloaded the Handbook for Conservators available on the court’s website, and (iii) filed a completed “Declaration of Completion of Orientation for Non-Professional Conservators”; (2) each proposed conservator has filed a completed Confidential Conservatorship Questionnaire (PRO-006); and (3) each proposed conservator has completed the Department of Justice Live Scan fingerprinting/background check process and authorized release of required information to the court. (b) Information and Instructions on Conservatorship Procedures. Packets with information and instructions on procedures and required forms for conservatorships are available on the court’s website at https://www.tulare.courts.ca.gov/forms-filing/local-forms-information- filing-instructions. (01/01/03) (Revised 01/01/07, 07/01/25, 07/01/26) Rule 1009 - Orientation Program – (Omitted 07/01/25) Rule 1010 - Ex Parte Motions for Temporary Conservatorships – (Omitted 07/01/25)

Rule 1011 - Providing Information – (Omitted 07/01/25) Rule 1012 - Out of State Conservators Generally, no out of state conservator will be appointed unless good cause is shown. (01/01/03) (Revised 01/01/07) Rule 1013 - Care Plans Effective January 1, 2025, a conservator granted powers under chapter 5 of part 4 of division 4 of the Probate Code (§§ 2350-2361) shall file a care plan as provided in Probate Code section 2351.2. (See Prob. Code, § 2351.2; see also Confidential Conservatorship Care Plan—Part 1

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(form GC-355) and Confidential Conservatorship Care Plan—Part 2 (Medical Information) (form GC-356).) (01/01/03) (Revised 01/01/07, 01/01/09, 07/01/25) Rule 1014 - Independent Exercise of Powers The conservator or guardian has broad powers to act for the conservatee’s or ward’s benefit under Probate Code sections 2400 through 2586. If necessity requires a grant of independent powers under Probate Code sections 2590 through 2595, the court will generally limit such grant to specific factual situations. The following rules will apply to all cases involving such independent powers: (a) Temporary Conservatorship/Guardianship - Independent powers will be granted to a temporary conservator or guardian only in unusual situations upon a showing of good cause. (b) Factual Showing - The court will require a factual showing, by verified petition, affidavit, or declaration by the petitioner that (1) the power requested is needed to administer the estate or protect the conservatee/ward; and (2) the granting of such power would be to the advantage, benefit, and in the best interests of the estate and/or the conservatee/ward. (c) Specific Enumeration of Powers - Each power must be described in detail by quoting the specific language of the subsection enumerating the requested power. It is not sufficient to incorporate by reference Probate Code section 2591 in the petition. (d) Real Property Description - Where the power to sell real property is requested, and the property which may be sold includes the conservatee’s home or former home, this fact must be specifically disclosed to the court in the petition. (e) Court Confirmation of Real Property Sales - Where the power to sell real property is granted, the court will require the sale to be returned to the court for confirmation. This requirement may be waived by the court upon showing of good cause. (f) Enumerated Special Powers in Order and Letters - Any special powers granted must be specifically set forth in the Order and the “Letters of Guardianship or Conservatorship” (Prob. Code, § 2594). (07/01/97) (Revised 01/01/07) Rule 1015 - Surety Bonds A minimum bond of $10,000 is required in all conservatorships/guardianships of the estate. The court must make a finding of good cause for the bond to be waived.

A copy of the bond shall be filed in the court file each time a bond is renewed. (01/01/03) (Revised 01/01/07) Rule 1016 - Sanctions Sanctions or surcharges may be imposed by the court for incorrect or incomplete filing of probate conservatorship or guardianship documents. (01/01/03) (Revised 01/01/07) Rule 1017 - Termination (a) When a petition seeks termination of a conservatorship for a reason other than the death of the conservatee, the court will require the appearance of the conservatee at the hearing on the petition. The petition must include an updated Capacity Declaration completed by a qualified physician who has regular contact with the conservatee. (b) Within 30 days of the death of the conservatee, or as soon as practicable thereafter, the conservator must notify the court by providing a certified copy of the death certificate. (01/01/03) (Revised 01/01/07, 01/01/09, 07/01/25) Rule 1018 - Accountings for Conservatorships and Guardianships Accountings of conservators and guardians must follow the format prescribed in these rules for decedents’ estates and in Probate Code section 2620. Reports of conservators and guardians must

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contain the current address and phone number of the conservatee or ward, as well as of the conservator or guardian. Any change of address should also be noted in the petition, or in any separate pleading, at the time the change is made. (a) Adequacy of Bond - Reports of conservators and guardians, at the annual and biannual reviews, must state the amount of the current bond (or bonds in the event two or more bonds are on file) and state whether any additional bonds are necessary to protect unblocked personal property plus one year’s estimated income. Each report should also show any blocked bank accounts or assets impounded with a depository. Any significant changes in the value of assets should be reported, together with the effect on the adequacy of the bond. The conservator must consider the possible need for reappraisal and inform the court of any such need. (b) The Inventory and Appraisal and the Final Accounting of the estate – The I&A and Final accounting must be filed (Probate Code 2610(a) and are not waived with a Waiver of Accounting unless otherwise ordered by the Court. (c) Accounting Deadlines - A final accounting should be filed consistent with Probate Code section 2620, subdivision (a). If the document examiner has reviewed the accounting and submitted comments to the court, that review shall be provided to the public guardian no later than five days prior to the scheduled or continued hearing date. If an accounting is not filed as required, the court will issue and serve an Order to Show Cause why the accounting has not been filed. (d) Waiver of Accountings - Except as expressly provided in the Probate Code, the probate court will not approve any request or petition for waiver of any accounting or of a final accounting upon the death of the conservatee or ward, termination of conservatorship or if the conservator resigns or is removed. (e) An accounting waiver in conservatorships and guardianships for small estates may be approved at the court’s discretion under the provisions of Probate Code section 2628, provided that (1) such waiver was previously approved in an initial filing; or (2) a verified petition in support of the waiver is filed and noticed for hearing. (f) If accountings have been waived, the court will require that they be reinstated if circumstances of the estate change. (07/01/97) (Revised 01/01/07, 01/01/09, 01/01/16) Rule 1019 - Conflict of Interest Attorneys who are appointed by the court to represent conservatees/wards or proposed conservatees/wards, pursuant to Probate Code sections 1470 and 1471, are deemed to stipulate to the court, by accepting such appointment, that they will not subsequently represent the conservator/guardian in the same conservatorship/guardianship. (01/01/03) (Revised 01/01/03) Rule 1020 - Final Distribution in Conservatorships and Guardianships (a) Death of Conservatee or Ward - A petition for final distribution upon the death of a conservatee or ward will be approved only after appointment of a personal representative of the conservatee’s or ward’s estate, or under other provisions for disposition pursuant to Probate Code section 2631(b) (regarding small estates). The petition must identify the personal representative and the court and case number of the probate proceeding for the decedent. If disposition of assets under Probate Code section 2631 is requested, the petition must contain factual statements required under that section and under the applicable chapter of the Probate Code (Prob. Code, §§ 13000 et seq.). (b) Investigator’s Assessment - Prior to the granting of a Petition for Termination of a conservatorship, the Court will determine that the court investigator’s assessment for services

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rendered to the conservatorship estate has been paid. (07/01/97) (Revised 01/01/07, 01/01/09) Rule 1021 - Limited Conservatorships The involvement of a developmentally disabled conservatee must be clearly set forth in all conservatorship and guardianship petitions and accountings. Any conservatorship proceeding requiring a regional center report must be set at least 30 days after mailing notice of the proceeding to the regional center, to allow the regional center report to be filed prior to the hearing. The form attached as Appendix 6 may be photocopied and utilized to facilitate ordering the regional center report and appointment of the public defender to represent the conservatee. (a) Review of General Conservatorships - In existing general conservatorships involving a developmentally disabled conservatee, the court may direct that a new petition for conservatorship be filed under the limited conservatorship code provisions. (b) Accountings - Any accounting required in LPS or limited conservatorship matters must comply with the accounting requirements in other Tulare County conservatorship estate matters unless otherwise directed by the department designated to hear the LPS calendar. If the conservatee’s assets meet the criteria for waiver of accounting as set forth in the Probate Code, a conservatorship shall be of the person only and any income shall be handled through a representative payee, if appropriate. (c) Closed Status Reports - Reports by a regional center and the court investigator, and other documents or materials containing sensitive information filed in conservatorship files, must be maintained in a confidential envelope in the court case file with disclosure only to those persons authorized to receive such reports, as specified under Probate Code section 1826, subdivision (n), or to authorized persons pursuant to court order. (07/01/00) (Revised 01/01/07, 07/01/07, 07/01/25) PART THREE. Lanterman-Petris-Short Act (LPS) Conservatorships (Welf. & Inst. Code, § 5150 et seq.) Rule 1022 - Individualized Treatment Plan (a) A copy of the individualized treatment plan required by Welfare and Institutions Code section 5352.6 must be filed with the court within 10 days of the establishment of the conservatorship. At the time of the establishment of the conservatorship, the court will set a review hearing within 20 days thereafter to review the amendments to the proposed treatment and service plan. Any party who objects to the plan as filed, may, after attempting to resolve the matter informally, calendar the case for a hearing on the individualized treatment plan. (b) The individualized treatment plan must fully comply with Welfare and Institutions Code section 5352.6, and particularly in the following respects: (a) the person responsible for developing the treatment plan must encourage the participation of the conservatee and the conservatee’s family members, when appropriate, in the development, implementation, revision, and review of the treatment plan; (b) the plan must specify goals for the individual’s treatment, the criteria by which accomplishment of the goals can be judged, and a plan for review of the progress of the treatment; and (c) the goals of the treatment plan must be the equivalent of goals to reduce or eliminate the behavioral manifestations of grave disability. All of the foregoing must be evidenced on the face of, or by attachment to, the plan. In connection with the plan for review of the progress of the treatment, an individualized treatment plan must specify (a) the planned frequency of review of the conservatee’s progress under the plan, including review of the use of prescribed medication and its effects on the conservatee, and by what professional persons such review must be undertaken; and

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the planned frequency of physical contact with and observation of the conservatee in placement by the conservator. Each individualized treatment plan must be approved by a professional person who has knowledge, training, professional qualifications and skill necessary to make the determinations mandated by Welfare and Institutions Code section 5352.6. The professional qualifications must be evidenced by a specific recitation thereof attached to the plan. Each individualized treatment plan must be subscribed by the approving professional person under penalty of perjury attesting that (a) the professional person approving the plan has read the plan; (b) the professional person approving the plan has reviewed the medical/psychiatric/social history of the conservatee; and (c) the treatment plan is medically and psychiatrically appropriate to the conservatee’s needs and history. (c) The court will set for hearing and review the progress of the LPS conservatee and the conservator in implementing the treatment plan and the conservatee’s progress in treatment. This must be set forth in a written report to be filed with the court at least two weeks prior to the hearing with copies to be furnished to counsel for the conservator, the conservatee, and the county patient’s rights advocate. Such report must be reviewed with the conservatee. The conservatee’s response to such review, and any request for amendment to the treatment plan, must be reported to the court. The written review report must also incorporate the views of any family members interested in the conservatee’s welfare as to whether the treatment services specified in the plan have in fact been provided and whether progress has been made in achieving the treatment plan goals. Notice of such hearing must be given to the conservatee, conservatee’s counsel, and interested relatives who must be advised of their right to be personally present at such hearing. The conservator must provide for the conservatee’s personal presence at the review hearing unless personally waived in writing by the conservatee and the conservatee’s counsel, and approved by the court. (d) The individualized treatment plan filed with the court must also be provided to counsel for the conservator, the conservatee, and the county patient’s rights advocate, and must contain proof that they have been so provided. All treatment plans and review reports must prominently advise the conservatee of the name, address, telephone, and fax number to the patient’s rights advocate. If the patient’s rights advocate has provided services to the conservatee, the conservatee’s request to the advocate and the services provided must be set forth in the review report. (07/01/00) (Revied 01/01/07) Rule 1023 – Venue (Omitted – 07/01/25) Rule 1024 - Change of Venue (Omitted 07/01/25) Rule 1025 – Orders Orders at variance with rules may be granted by the judge assigned to LPS proceedings on the showing of good cause. (11/08/01) (Revised 01/01/07) Rule 1026 – Definitions (a) “Hearing Officer” means persons appointed to conduct capacity and certification hearings (Welf. & Inst. Code, §§ 5334(c) and 5256.1); (b) “Facility” means any public or private facility under contract to provide services paid by county mental health, or any hospital licensed to provide acute care inpatient psychiatric treatment. (The only facility presently licensed in Tulare County is Kaweah Delta Mental Health Hospital.);

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(c) “Patients’ Rights Advocate” means the designated Title IX patients’ rights advocate who will assure that patients are informed of their right to pre-admission hearings and assure that patients who waive the right to a hearing have done so freely, voluntarily, and intelligently; (d) “Public facility” means any facility owned or operated by the State of California or the County of Tulare; (e) “Professional person” means a psychiatrist, psychologist, social worker with a master’s degree, licensed marriage and family therapist, or registered nurse. (11/08/01) (Revised 01/01/07) LPS Hearing Officers, Attorneys, and Attorney Fees and Costs Rule 1027 - Services Subject to Compensation The public defender is appointed to represent indigent patients in LPS proceedings. If the court finds that an LPS patient is not indigent, the court shall appoint private counsel to represent the patient. However, in any case where counsel has been appointed to represent persons coming under the LPS Act, or other related mental health law proceedings, and where payment of attorney fees will be made by the County of Tulare through the Office of Alternate Defense Counsel, the determination of which attorney services are to be compensated by the client will be made by the court. (11/08/01) (Revised 01/01/07) Rule 1028 - Costs Subject to Reimbursement In those cases, where the patient has sufficient funds to reimburse the attorney for costs incurred relative to the case, the determination of which costs are to be reimbursed will be made by the court upon a timely request by counsel. (11/08/01) (Revised 01/01/07) Rule 1029 - Appointment of Counsel/Prosecuting Agency The public defender or the alternate defense counsel is appointed to represent all patients in mental health matters, unless the court authorizes a substitution of attorney. The Tulare County District Attorney’s Office will prosecute the writs of habeas corpus until such further notice (St. Joseph Hospital v. Kuyper (1983) Cal.App.3d 1086). Counsel for Kaweah Delta Mental Health Hospital will represent the physician in Riese hearings and Riese appeals. A patient may decline appointed counsel in which case the hearing officer or court will obtain an oral waiver on the record or a written waiver. (11/08/01) (Revised 01/01/07) Rule 1030 - Appointment of Hearing Officers Hearing officers must be attorneys and appointed as described in Welfare and Institutions Code sections 5256.1 and 5334(c). (11/08/01) (Revised 01/01/07) LPS Calendared Hearings

Rule 1031 – Calendars (a) All proceedings in LPS conservatorships, LPS writs of habeas corpus, and Riese medication capacity writs/appeals will be heard at the Tulare County Superior Court, Visalia Division, by the judge assigned to handle such matters. Proceedings related to LPS conservatorships will be heard on Tuesdays from 8:30 a.m.-10:00 a.m. Proceedings related to LPS writs of habeas corpus and Riese medication capacity writs/appeals will be heard within two court days of the filing of the petition as set forth in Tulare County Superior Court Local Rules, rule 1034. (b) Certification review hearings under Welfare and Institutions Code sections 5250 (14-day hold) and 5270.15 (additional intensive treatment 30-day hold) will be heard at the facility where the person is receiving treatment by the mental health hearing officer appointed to

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administer certification review hearings as set forth in Tulare County Superior Court Local Rules, rules 1034 and 1041. (c) Original Riese medication capacity hearings will be heard at the facility where the person is receiving treatment by the mental health hearing officer appointed to hear such matters as set forth in Tulare County Superior Court Local Rules, rules 1034 and 1051. (d) Proceedings pursuant to Welfare and Institutions Code section 6500 and In Re Hop will be heard at the Tulare County Superior Court, Visalia Division, by the judge assigned to handle such matters on Thursdays from 8:30a.m. -10:00 a.m. (See Chapter 12, rules 1200 et seq. for full requirements on these proceedings.) (e) The place and time for conducting the regular calendars may be changed by order of the judge assigned to hear mental health matters. (11/08/01) (Revised 01/01/07) Rule 1032 - Calendaring Hearings Jury trials will be set by the judge assigned to hear LPS matters in his/her department. (11/08/01) (Revised 01/01/07) Rule 1033 - Date of Hearings All petitions in mental health matters which require a hearing, except hearings which may be heard ex parte, will whenever possible, upon being filed with the court, be set by the legal filings clerk, in the Legal Filings Division of the superior court, on the customary hearing date for such matters. (11/08/01) (Revised 01/01/07) LPS Writ of Habeas Corpus (Welf. & Inst. Code, § 5275) Rule 1034 - Filing Petitions, Schedule for certification review Hearings, Original Riese Medication Capacity Hearings, Writs of Habeas Corpus, and Riese Medication Capacity Writs/Appeals Hearings

(a) The mental health hearing officer will perform certification review hearings on Tuesdays and Fridays at Kaweah Delta Mental Health Hospital unless approved otherwise by the hearing officer. (b) The mental health hearing officer will perform original Riese medication capacity hearings on Mondays, Wednesdays, and Fridays at Kaweah Delta Mental Health Hospital at 4:00 p.m. unless otherwise approved by the hearing officer. (c) Hearings on writs of habeas corpus and Riese medication capacity writs/appeals will be conducted at the Tulare County Superior Court, Visalia Division, within two court days of the filing of the writ or appeal as follows: Petitions filed on Mondays will be heard on Wednesdays at 8:30 a.m. Petitions filed on Tuesdays will be heard on Thursdays at 8:30 a.m. Petitions filed on Wednesdays and Thursdays will be heard on Fridays at 8:30 a.m. Petitions filed on Fridays will be heard on Mondays at 8:30 a.m. Any hearing date that falls on a judicial holiday will be heard on the next court day. (d) Petitions for a writ of habeas corpus or Riese medication capacity writ/appeal must be filed with the clerk of the court assigned to mental health matters. The Riese medication capacity writ/appeal must be filed with a proposed order. Petitions will be accepted for filing and file stamped immediately upon presentation to the clerk. The clerk will give notice of the hearing date, time, and place by facsimile service to those parties requiring such notice. (e) Hearings on petitions for writs of habeas corpus and Riese medication capacity writs/appeals shall have priority over any other matter set on the court’s calendar and shall be

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heard promptly at 8:30 a.m. The clerk of the court shall calendar the matter so that the writ or appeal is the first case called and heard by the judge assigned to hear the matter. (11/08/01) (Revised 01/01/07) Rule 1035 - Applications for Writ Seeking Release or Modification of Custody The court prefers any petition for a writ of habeas corpus seeking the release from, or modification of the conditions of, custody of one who is confined under the process of any court of this state or local penal institution, hospital, narcotics treatment facility, or other institution be submitted using optional Judicial Council Form HC-002. (11/08/01) (Revised 01/01/07, 01/01/2020, 07/01/26) Rule 1036 - Writ of Habeas Corpus and Riese Medication Capacity Writ/Appearance A hearing on a writ or Riese medication capacity writ/appearance must be scheduled at the time the writ or Riese appeal is filed. The mental health clerk will notify the facility, counsel for the facility, the public defender, and district attorney (writs only) of the scheduled date, time and place for the hearing. The petitioner on writs and real parties in interest must be present at the time, and place set for hearing unless their appearances are waived or as otherwise agreed upon by all parties. The court will permit attendance of witnesses and the LPS petitioner by court call upon the consent of all parties. The hearing will be held within two court days of filing as noted in Tulare County Superior Court Local Rules, rule 1034. (01/01/07) (Revised 07/01/26) Rule 1037 – Burden An evidentiary hearing may be held, and the county will bear the burden of justifying the detention. Preponderance of the evidence is the standard of proof for writs of habeas corpus (In re Azzarella (1989) 207 Cal.App3d 1240).” (11/08/01) (Revised 01/01/07, 07/01/26)

LPS Certification Review Hearings (Doe v. Gallinot (1981) 657 F 2D 1017, 9th Cir.) (Welf. & Inst. Code, § 5256)

Rule 1038 - Compliance with Welfare and Institutions Code Certification review hearings must be held in compliance with Welfare and Institutions Code sections 5256 et seq. • Section 5250 pertains to a 14-day hold, and • Section 5270.15 pertains to additional intensive treatment, 30-day hold. Under Welfare and Institutions Code section 5260, additional 14-day holds for suicidal persons will require the affidavits of two physicians. No certification review hearing is required. The patient must be informed of the right to file a writ of habeas corpus by the facility or patient rights advocate. (11/08/01) (Revised 01/01/07) Rule 1039 - Burden Certification review hearings require probable cause which means “specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant his or her belief or suspicion” that the person is mentally disordered and as a result thereof is a danger to others, and/or self, or is gravely disabled (People v. Triplett (1983) 144 Cal.App.3d 283, 288; Welf. & Inst. Code, § 5256.6; Heater v. Southwood (1996) 42 Cal.App.4th 1068). (11/08/01) (Revised 01/01/07)

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Rule 1040 - Procedures The mental health hearing officer is appointed to administer/or conduct certification review hearings in compliance with Welfare and Institutions Code sections 5256 et seq. All persons involuntarily detained in psychiatric hospitals (private and public) in Tulare County must have a certification review hearing in the following cases under Welfare and Institutions Code sections: • Section 5250 (regarding a 14-day hold), and • Section 5270.15 (regarding additional intensive treatment, 30-day hold) Hearings will be held for all persons regardless of the basis for certification. Hearings will be held within four days of the date on which the person was certified for intensive treatment, unless postponed by request of the person, or his or her attorney, or patient’s rights advocate. Hearings may be postponed for 48 hours. The following will apply to certification review hearings held in Tulare County: (a) Certification review hearings will be conducted at the facility where the person is receiving treatment. The location of the certification review hearing must be compatible with, and least disruptive of the treatment being provided to, the person certified (Welf. & Inst. Code, § 5256.1). (b) Certification review hearings must be conducted in an impartial and informal manner in order to encourage free and open discussion by participants (Welf. & Inst. Code, § 5256.4(b)). (c) At the certification review hearing, the evidence and support of the certification decision must be presented by a person designated by the director of the facility. (Welf. & Inst. Code § 5256.2). (d) Certification review hearings will be scheduled on Tuesdays and Fridays at the facility in order to comply with Welfare and Institutions Code section 5256. (e) At the certification review hearing, the person certified must have the right to the assistance of an attorney or advocate. Further, the person certified must have the right to present evidence on his or her own behalf and to question persons presenting evidence in support of the certification decision. Other persons will be admitted to the hearing at the discretion of the judge or mental health hearing officer by standing order of the court (Welf. & Inst. Code, § 5256.4 (a)(1)(2)(3)). (f) Reasonable attempts must be made by the mental health facility to notify family members, or any other person designated by the person certified, of the time and place of the certification review hearing, unless the person certified requests that this information not be provided. The person certified must be advised by the facility that is treating the person certified that he or she has the right to request that this information not be provided (Welf. & Inst. Code, § 5256.4(c)). (g) Certification review hearings are not bound by rules of procedure or evidence applicable to judicial proceedings. All evidence which is relevant to establishing that the person is, or is not, as a result of a mental disorder, a danger to themselves or others, or gravely disabled must be admitted at the hearing and considered by the mental health hearing officer (Welf. & Inst. Code, § 5256.4(b)(d)). (h) As soon after hearing as practicable, an attorney or patients’ rights advocate must meet with the person certified to discuss the commitment process and to assist the person in preparing for the certification review hearing, or to answer questions or otherwise assist the person as is appropriate (Welf. & Inst. Code, § 5255).

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(i) The person certified must have the right to make reasonable requests for the attendance of facility employees who have knowledge of, or participated in, the certification decision (Welf. & Inst. Code, § 5256.4(a)(4)). (j) A certification review hearing will not be held where a writ of habeas corpus hearing has been requested (Welf. & Inst. Code, §§ 5254 and 5256). (k) The person certified must be given oral notification of the decision at the conclusion of the certification review hearing by the mental health hearing officer. As soon thereafter as is practicable, copies of the decision must be provided to the attorney or patient rights advocate for the person certified, and to the director of the facility. The decision must be written and must include a statement of the evidence relied upon and the reasons for the decision. (11/08/01) (Revised 01/01/07, 01/01/09, 07/01/26) Rule 1041 - Certification Review Hearing Finding Contested by Writ of Habeas Corpus The court prefers any petition for a writ of habeas corpus contesting the mental health hearing officer’s certification review hearing findings or physician findings under Welfare and Institutions Code sections 5250 or 5270.15 be submitted using optional Judicial Council Form HC-002. The clerk will assign a case number, open an LPS file, and notify all persons entitled to notice of the hearing. Hearings will be conducted within two court days of the filing of the writ at the Tulare County Superior Court, Visalia Division, as stated in The Superior Court of Tulare County, Local Rules, rule 1034. (11/08/01) (Revised 01/01/07, 07/01/25, 07/01/26) LPS Determination of Capacity of Mental Health Patients Re: Consent to Administration of Anti-Psychotic Medication (Riese Hearing) Rule 1042 - Scope and Purpose The following procedures are intended to implement the requirements of Riese v. St.Mary’s Hospital (1987) 209 Cal.App.3d 1303, and Welfare and Institutions Code sections 5332 et seq. They apply to patients, both adults and minors, who are being treated in public or private hospitals, and who are being detained pursuant to Welfare and Institutions Code sections 5150 (72-hour hold); 5250 (14-day hold); 5260; 5270.15 (30-day hold); 5350; or 5353 et seq. (temporary conservatorship). In those cases in which a temporary conservator has been given authority to consent to medication, a review of that grant of authority may be made under these procedures or through a writ of habeas corpus. (11/08/01) (Revised 01/01/07) Rule 1043 - Petition When the treating physician has determined that treatment of the patient’s condition requires the administration of anti-psychotic medication, and the patient has refused to consent to the medication, the treating physician may petition the court for a legal determination as to the patient’s capacity to consent to or refuse antipsychotic medication. The treating physician must complete, sign, and date the petition. If the treating physician will not be present for the hearing, the petition must be supported by a declaration of the treating physician. The petition and any supporting documents must be delivered to, or faxed to, the court clerk assigned to mental health matters in order to calendar a hearing. (11/08/01) (Revised 01/01/07, 07/01/26) Rule 1044 – Documents (Omitted 07/01/26)

Rule 1045 - Calendaring Hearings It is assumed that time is of the essence in each Riese hearing. The physician or treating facility must deliver or fax the forms to the court clerk assigned to mental health matters in order to calendar a hearing. The clerk will calendar all hearings upon receipt of the requisite forms.

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Whenever possible, the hearing will be set within two court days. Notice is to be given to the approved hearing officer by the clerk. The physician or treating facility must notify counsel for the facility of the need for an interpreter when one is needed at the hearing (Riese v. St. Mary’s Hospital and Medical Center (1987) 209 Cal. App. 3d 1303). (11/08/01) (Revised 01/01/07) Rule 1046 - Interpreter Services All hearings in which interpreters are required must be conducted through court certified interpreters and arranged by the facility unless not available, in which case the court or hearing officer may use a competent interpreter. (11/08/01) (Revised 01/01/07) Rule 1047 - Attorney Duties The patient’s attorney or patient’s rights advocate must meet with the patient as far in advance of the hearing as possible to determine the patient’s position with respect to the proposed anti- psychotic medication. If the patient consents to the administration of anti-psychotic medication prior to the hearing, it will be the responsibility of the patient’s attorney, or the patient’s rights advocate, to notify the mental health hearing officer promptly, so the hearing may be canceled and unnecessary travel and expense may be avoided. (11/08/01) (Revised 01/01/07, 07/01/26) Rule 1048 - Patient Representation Patients will be represented by the public defender, or the patient’s rights advocate, unless private counsel is retained by the patient. (11/08/01) (Revised 01/01/07) Rule 1049 - Treating Physician/Facility Counsel The physician, or counsel for the facility, must present the petition and declaration as well as any oral or documentary evidence at the time of the hearing. (11/08/01) (Revised 01/01/07) Rule 1050 - Surroundings of Hearing Hearings must be held in surroundings which allow for quietness and a reasonable degree of confidentiality. Whenever possible, the hearings will be held at the facility where the patient is located. In any event, the hearing will be held as close to that facility as is practicable under the circumstances. (11/08/01) (Revised 01/01/07) Rule 1051 - Burden The burden must be on the physician or treating facility to establish by clear and convincing evidence that the patient is incapable of giving or withholding informed consent to the administration of anti-psychotic medication (Riese v. St. Mary’s Hospital and Medical Center (1987) 209 Cal. App. 3d 1303). (11/08/01) (Revised 01/01/07) Rule 1052 - Determination of Capacity In determining the patient’s capacity to give or withhold informed consent, the hearing officer will consider (1) whether the patient is aware of their mental condition, (2) whether the patient has been informed of and is able to understand the benefits and the risks of, as well as the alternatives to, the proposed medication, and (3) whether the patient is able to understand and to knowingly and intelligently evaluate the information required to be given patients whose informed consent is sought and otherwise participate in the treatment decision by means of rational thought processes. (See In re Qawi (2004) 32 Cal.4th 1, 17-18; Riese v. St. Mary's Hospital & Medical Center (1987) 209 Cal.App.3d 1303, 1322-1323.) (11/08/01) (Revised 01/01/07, 01/01/20, 07/01/26) Rule 1053 - Patient Presence The patient must have the right to be present at the hearing, and through counsel (or the patient’s rights advocate), to present evidence and to cross examine witnesses at the hearing. However, the patient may choose not to attend the hearing. (11/08/01) (Revised 01/01/07)

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Rule 1054 - Access to Records The hearing officer must have access to, and may consider, the relevant medical records of the patient as well as the petition and declaration of the physician in reaching the legal determination of the patient’s capacity to give or withhold informed consent. (11/08/01) (Revised 01/01/07) Rule 1055 - Continuance of Hearings Upon a showing of good cause and at the discretion of the hearing officer, a hearing may be continued pursuant to Welfare and Institutions Code section 5334(a). (11/08/01) (Revised 01/01/07) Rule 1056 - Determination At the conclusion of the hearing, the mental health hearing officer will make a legal determination whether the patient is capable of giving or withholding informed consent to the administration of anti-psychotic medication. (11/08/01) (Revised 01/01/07, 07/01/26) Rule 1057 - Confidentiality The proceedings under these rules, and all records of these proceedings, will be confidential as provided in Welfare and Institutions Code section 5328. (11/08/01) (Revised 01/01/07)

Rule 1058 - Riese Medication Capacity Appeals Upon appeal of the determination of the mental health hearing officer at a Riese hearing, the clerk will assign a case number, open an LPS file, and notify all persons entitled to notice of the hearing. Hearings on appeals of Riese hearings will be conducted within two days of the filing of the appeal. • Petitions filed on Mondays and Tuesdays will be heard on Wednesdays. • Petitions filed on Wednesdays and Thursdays will be heard on Fridays. • Petitions filed on Fridays will be heard on Mondays. (11/08/01) (Revised 01/01/07, 07/01/26) PART FOUR. Compensation of Fiduciaries and Attorneys Rule 1059 - Compensation of Fiduciaries and Attorneys Other than statutory fees and commissions in decedent estate proceedings, the Probate Code provides generally that fees, commissions, and compensation to fiduciaries and their attorney must be “just and reasonable” in amount. The court will make a determination of what is just and reasonable based on the information supplied to the court in the petition requesting allowance of fees or commissions. The petition must be properly captioned, including a reference to the fee request, and it must include an explanation of how the fees or commissions were calculated. Information must be provided in detailed, but brief and organized form, including (1) date(s) of service, (2) nature of service rendered, (3) hours, and fractions of hours, of service rendered, (4) identity of person rendering services, and (5) the hourly rate charged for each person rendering services. Copies of a computerized billing statement will not fulfill the requirements hereunder unless such statement contains all such information and is legible. (a) Compliance - All requests for fees and commissions in decedents’ estates and in guardianship, conservatorship, and trust proceedings must be submitted in strict compliance with these rules. Requests that do not comply will be automatically continued one time for a minimum period of two weeks to permit the filing of supplemental or amended pleadings. Caution: Oral testimony or representations will not be accepted on uncontested fee matters, except as may be allowed by the court upon showing of good cause. (b) Payment of Fees by Assignment of Property - Petitions for assignment of property to fiduciaries or their attorneys in place of fees or commissions will not ordinarily be approved.

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(c) Paralegal Compensation - Compensation for services performed by a paralegal under an attorney’s direction and supervision may be allowed by the court in appropriate cases. No paralegal compensation will be paid from a decedent’s guardianship or conservatorship estate without prior court approval. Any petition requesting allowance of paralegal compensation must set forth the hours expended and nature of services performed, and the paralegal’s hourly rate as well as the name and brief summary of the qualifications of the paralegal. (d) Prior Court Approval Required for all Fiduciary and Attorney Compensation - There must be no payment of any commissions or attorney fees from decedent’s estate, guardianships, or conservatorships in advance of an authorizing court order. The probate court may, in its discretion, impose sanctions, order return of the fee or commission, or surcharge representatives or attorneys interest from the date of payment to the date of the order authorizing the same at the rate prescribed by Code of Civil Procedure section 685.010 for judgments, unless the written consents of all residuary devisees of a decedent’s estate are filed with the court, and the court finds the amounts paid are reasonable and proper. Fees of trustees and their attorneys must be paid only after the services have been performed to which they relate. (e) Periodic Payments - Periodic payment of fees or commissions may be made with prior court authority pursuant to the rules set forth in Probate Code sections 2640 to 2642. (f) Statutory Fees and Commissions in Decedents’ Estates - Allowances on account of statutory fees or commissions will be granted by the court only in proportion to the work actually completed. Usually, the last 25 per cent of statutory fees or commissions will not be allowed before the approval of the final accounting and the decree of distribution, unless it can be shown that payment of a greater amount will benefit the estate. All or substantially all of the statutory fee or commission may be allowed when it is shown that all services have been performed, but that the estate has not closed because of reasons beyond the control of the petitioning party. (1) Waiver of Accounting - If an accounting is waived, the statutory fee will ordinarily be based only upon the stated inventory, with no fees allowed on gains on sales or on receipts by the estate. (2) Compensation for Ordinary Duties of Personal Representative - The personal representative may hire an attorney or other agent to perform duties of the representative, and separately compensate the attorney or agent from his or her own funds. If such contract is entered into with an attorney, the attorney must comply with rule 5-101 of the California Rules of Professional Conduct and enter into a written agreement setting forth the basis of compensation and the consent of the representative. The agreement will be subject to court approval, and must be filed with the court at the time the first petition for fees is filed. (g) Fees for Extraordinary Services in Decedents’ Estates - Extraordinary fees may be allowed to the personal representative or attorney for their services relating to such matters as sales, leases, borrowing, litigation (including contested probate matters), tax matters (including preparation of returns, audits, and tax litigation), operating a business, heirship proceedings, and the performance of any other act resulting in extraordinary benefit to the estate requiring an extraordinary expenditure of time or other special services as may be necessary for the personal representative or attorney to perform. The court will consider the following facts, among others, in exercising its discretion to grant fees for extraordinary services:

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(1) Time Devoted to the Matter - The request for fees must indicate the time devoted to a matter, broken down between attorney and paralegal, indicating the hourly rate customarily charged for such services. The court must be provided with sufficient information in order to analyze the reasonableness of the rate and the amount of time devoted to the matter; however, the time and rate will not be the sole criteria, or considered as a minimum or maximum value, in determining extraordinary fees. (2) Benefits Inured to the Estate - It is recognized that the representative or his or her attorney may occasionally be under a duty to pursue certain matters which do not enjoy a successful conclusion. Such services may nevertheless be compensable, but a successful conclusion is relevant. (3) Amount of Money or Value of Property Involved in the Transaction - This is relevant to the degree of responsibility assumed and the care that will be given to the matter. (4) Nature and Complexity - The court will consider whether the matter was routine or involved a unique matter of substantial legal or practical difficulty. The court will also consider whether the character of the services rendered (legal versus ministerial; special skills required), as well as the knowledge and experience of the personal representative or attorney. For example, if a real property sale involves dealing with numerous buyers, evaluation of exchanges, clearing title, or exposure to potential litigation, these facts should be listed in detail. Similarly, if the preparation of a Federal Estate Tax Return involves such other matters as elections under sections 303, 2032A, 6166, or 2056 of the Federal Estate and Gift Tax Code, each service should be separately described. (5) Duration of the Probate Administration - Although it is the policy of the law to close an estate as promptly as possible, it occasionally is necessary for estates to remain open for lengthy periods of time. In that event, delay in compensation and the time value of money is relevant. (6) Consideration of Statutory Fee - In requests for extraordinary fees, the amount of the statutory fee and the time required to administer all matters pertaining to the estate may, in certain cases, be considered as a factor in determining reasonable compensation for extraordinary services, if any. In all cases where statutory fees are considered, the normal services required to close an estate, subsequent to the date on which extraordinary fees or commissions are requested, will be considered. (7) Copies of Petition to Beneficiaries - Copies of petitions for allowance of fees for extraordinary services and commissions in decedents’ estates in excess of 25 percent of statutory fees must be mailed to all persons entitled to receive notice of the hearing on the petition (except beneficiaries of specific gifts). (h) Compensation of Conservators, Guardians, and Their Legal Counsel - No compensation for any conservator or guardian, or their legal counsel, will be paid without court approval. Requests for allowance of attorney fees in conservatorships and guardianships must comply with the requirements set forth above in subsection (g) of this rule and will be similarly considered by the court. (1) Conservator and Guardian Fees - Any application for fees must be accompanied by a complete statement of facts upon which such application is based. This application must specify the amount requested, not merely “reasonable fees.” The court will consider (1) relative value and gross income of the estate, (2) benefit or loss due to administration by the fiduciary, (3) any skill or experience required of the fiduciary, (4) the quality and extent of services performed by the fiduciary for the benefit of the conservatee or ward,

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(5) the amount of responsibility assumed and exercised, (6) time spent by the fiduciary for services benefiting conservatee or ward, or estate, (7) customary hourly charges for similar services of other private or professional fiduciaries, (8) character of work performed (i.e., whether routine or involving special skill or judgment), and (9) in the case of a final accounting, a reasonable estimate of work and time to complete estate affairs and distribution. Any application for fees made by the public guardian should be based upon the standing order for fees in effect at the time of the application. (2) Attorney Representing Conservatee or Ward - Upon written, verified application of the attorney at the conclusion of the hearing, compensation may be ordered to an attorney representing the conservatee or ward, unless the court requires a noticed petition. (3) Conservatorship/Guardianship Review of Legal Fees - If only attorney fees are requested, the petition must show that the conservator or guardian has been notified, and must reflect the fiduciary’s approval or disapproval of the requested fees. (07/01/97) (Revised 01/01/07) PART FIVE. Bonds Rule 1060 - Bonds In estates where a bond is not waived, the court encourages the use of blocked accounts with bank or savings association depositories for liquid assets. Normally in conservatorships and guardianships, only liquid assets necessary to meet the anticipated day-to-day expenses of the conservatee or ward and estate should be available to the conservator or guardian. (a) Waiver of Bond in Conservatorships and Guardianships - The court will not usually waive a bond for conservatorships or guardianships except (1) where the conservator is the spouse of conservatee, all or most of the property is shown to be community property, and the community property may be excluded from estate administration, (2) in small estates under Probate Code section 2628, or (3) where the conservatee is present in court, is a competent person (as affirmatively shown by a physician’s declaration), and gives informed consent to the bond waiver. In no event will a bond be waived in cases in which the proposed conservator is not the petitioner on the petition to establish the conservatorship.

(b) Reducing Bond through Use of Depository (1) Before Issuance of Letters - Unless otherwise ordered by the court, when assets are to be placed in a blocked account or depository, the receipt and agreement of the depository required by Probate Code sections 2328, 8401, 8483, and 9700 through 9705 must be filed prior to the issuance of letters. Proposed orders pertaining to blocked accounts at depositories should contain appropriate language to allow deposits in conformance with the foregoing code sections and Financial Code sections 764, 765, and 775. (2) After Appointment - Bonds may be reduced at any time after appointment by an ex parte petition and order reducing bond, together with a receipt of a depository showing that assets in the amount of the requested reduction have been so deposited. Such a petition must set forth the assets remaining in the estate after excluding those held by depository, and it must appear that the reduced bond adequately covers the amount to be protected. (3) Direct Transmittal to Depository - If the assets to be deposited are in the possession of a bank, savings and loan association, or trust company other than the named depository, the order should direct the entity in possession to deliver such assets directly to the named depository, and further direct the depository, on receiving such assets, to issue its receipt and agreement to the fiduciary (Fin. Code, §§ 764 and 765).

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(4) Withdrawals or Releases from Depository - An order authorizing release of assets from a blocked account may be had ex parte. The petition should set forth the approximate value of the assets on hand, the approximate value of all assets under impound, the amount of the existing bond, and the purpose for which the withdrawal is being made. Where assets will be coming into or passing through the hands of the fiduciary so as to require an increase of bond, the fiduciary must set forth the information necessary to enable the court to determine the amount of the increase. The order may provide for funds to be paid directly to a taxing authority, or beneficiary, or other person entitled thereto. (d) Bond Modification - It is the duty of the fiduciary upon becoming aware that the bond is insufficient (e.g., on filing of an inventory or submitting an accounting), to apply immediately for an order increasing the bond. Such applications may be made ex parte. When the bond of a fiduciary must be increased, the court favors filing an additional bond rather than a substitute bond. When the fiduciary’s bond must be decreased, the court favors using an order decreasing the liability on the existing bond, rather than a substitute bond. (07/01/97) (Revised 01/01/07) PART SIX. Decedent Estates Rule 1061 - Sales of Real Property When there is a successful overbid in open court on a sale of real property, counsel must complete, and the successful bidder must sign, an “Increased Bid in Open Court” form and file same before an order will be signed. (The form in Appendix 7 may be photocopied and used.) (a) No Commission; Special Situations - Except upon showing of good cause, no real estate commission will be allowed or credited to, or for the benefit of, a purchaser who is a licensed real estate broker or salesperson in any probate sale of real property, directly or indirectly. No real estate commission will be allowed or credited to, or for the benefit of, a personal representative or fiduciary in the subject probate proceedings who is a licensed real estate broker or salesperson in any probate sale of real property in the proceeding, directly or indirectly. The petition for confirmation of sale must state any known claim of the personal representative, fiduciary, or purchaser to all or any part of the proposed real estate commission, directly or indirectly. (b) Disputes Between Agents or Brokers Regarding Compensation - Should a dispute arise between agents or brokers seeking compensation upon the sale of real property under Probate Code section 10161 and/or sections 10162.5 through 10166, there will be a separate evidentiary hearing to resolve the dispute. Before the hearing, the agents or brokers, or their respective attorneys, must meet and confer (face-to-face) in a reasonable and good faith attempt to informally resolve the dispute. The court must be notified of the results of such attempt at least two court days before the hearing. The sale of real property may be confirmed at the hearing on the sale and need not be delayed by virtue of any dispute for compensation by or between real estate agents or brokers. (07/01/97) (Revised 01/01/07) Rule 1062 - Claims of Personal Representative and Attorneys of Record For any creditor’s claim brought by the personal representative or his/her attorney of record, noticed petition for approval must be filed and served on all persons whose interest might be affected by approval of the creditor’s claim at least 15 days before the hearing, except as provided below. The creditor’s claim must be complete with approval signed by all personal representatives in the proceeding. The petition must contain a factual statement relating to the

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solvency of the estate, including a summary of the nature and the amount of assets and all known indebtedness and taxes of the estate, whether absolute or contingent. The requirement of a noticed hearing and petition will not be required when (1) the claim is for reimbursement of funeral and last illness expense not exceeding $5,000.00, and proof of payment is attached to the claim, (2) the claim, together with all other claims of that personal representative or attorney (except for funeral and last illness expenses) is less than $1,000.00, (3) a written approval signed by all persons whose interest might be affected by the approval is attached to the claim, (4) the personal representative has complied with the provisions of the Independent Administration of Estates Act with respect to the proposed payment of said claim, or (5) a claim is for a definite amount and is based upon a prior court order, which is attached to the creditor’s claim. (07/01/97) (Revised 01/01/07)

PART SEVEN. Adoptions

Rule 1063 - Adoption Proceedings (a) All adoption hearings will be set by the calendar clerk of the court located in Room 201 of the Visalia Division or the civil clerk at the South County Justice Center. No hearings will be set unless there has been previously filed with the court all consents required by Family Code section 8604. No consents are required if (1) the parent is deceased; (2) the parental rights of the parent have terminated by a final court decision terminating parental rights; (3) there is a judicial determination that consent is not required pursuant to Family Code section 7662; or (4) there is a judicial determination that consent is not required pursuant to Family Code section 8606. If it is alleged by the petitioner that consent of a parent is not required pursuant to Family Code sections 7662 or 8604, a judicial determination that consent is not required will be made at a judicial proceeding held prior to the adoption hearing. That judicial determination will be in the court’s file prior to the adoption hearing. No judicial determination will be made that consent is not required pursuant to Family Code sections 7662 or 8604 without strict compliance with the notice requirements of Family Code sections 7662 or 8604(b). In cases falling within Family Code section 7662, the court will not issue an order dispensing with notice under Family Code section 7666(b) without a factual showing made by declaration under penalty of perjury that good faith attempts have been made to locate and give notice to the person to be noticed and that despite such efforts the petitioner has been unable to locate such person to give notice. If it is judicially determined that a petition to terminate parental rights must be completed and granted before a petition for adoption can be granted, there must be an investigation and a report completed for the court. In the case of stepparent adoptions, the investigation and report are prepared by Family Court Services, room 203. In all other cases, the investigation and report are completed by the Adoptions Division of the Tulare County Health and Human Services Agency. Forms that may be utilized to petition the court to determine necessity of consent in stepparent adoptions are available in the office of the clerk of the court, Room 201 of the Visalia Courthouse. (b) Except in the case of stepparent adoptions, no adoption will be set for hearing unless there has been previously filed with the court an accounting report as required by Family Code section 8610.

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(c) In cases in which the child(ren) to be adopted is twelve years of age or older, no adoption will be set for hearing unless there is lodged with the clerk a proposed consent form to be signed by the child in the court’s presence. (d) The acknowledgment in writing that must be executed by the adopting parent or parents pursuant to Family Code section 8612(b) must be lodged with the clerk prior to the setting of any adoption hearing. (e) The proposed adoption decree must be lodged with the clerk prior to the granting of a hearing date. (07/01/00) (Revised 01/01/03, 01/01/07, 01/01/20, 07/01/20) CHAPTER 11 - JUVENILE COURT Rule 1100 - Presiding Judge and Hearing Officers Juvenile court matters may be heard before any judge, commissioner or referee of the superior court. The presiding judge of the superior court shall assign a presiding judge of the juvenile court to manage the business of the juvenile delinquency and dependency court. All juvenile proceedings under Welfare and Institutions Code sections 300 and 601 et seq. shall be assigned by the presiding judge of the juvenile court. If the presiding judge of the juvenile court is not available, the presiding judge of the superior court shall designate another judge to manage the business of the juvenile court. In addition to juvenile matters under Welfare and Institutions Code sections 300 et seq. and 601 et seq., guardianship petitions for minors who are dependents of the juvenile court must be presented either to the juvenile court judge or commissioner unless they are disqualified from hearing such application. Juvenile dependency matters under Welfare and Institutions Code section 300 will be heard by judges, commissioners, or referees who have complied with the training recommendations and requirements under Welfare and Institutions Code section 304.7. (07/01/00) (Revised 01/01/07) Rule 1101 - Juvenile Court Commissioners and Referees In addition to the provisions of The Superior Court of Tulare County, Local Rules, rule 203, juvenile court commissioners and referees and their official acts will be governed as follows: (a) All orders made by a commissioner or referee will be final as set forth in Welfare and Institutions Code section 250. (b) Rehearing on any order made by a juvenile court commissioner or referee will be heard in accordance with the procedures set forth in Welfare and Institutions Code section 252. (c) Where the parties have stipulated that the commissioner or referee sits as a temporary judge, his/her orders will be final in the same manner as an order by a judge. (07/01/00) (Revised 01/01/07)

Rule 1102 – Location and Schedule of Juvenile Court Juvenile delinquency and dependency court sessions are held at the Juvenile Justice Center located at 11200 Avenue 368, Visalia, CA 93291 and at the South County Justice Center located at 300 East Olive Avenue, Porterville, CA 93257.

All papers involving proceedings under Welfare and Institutions Code sections 300 and 602 shall be filed and maintained in the clerk’s office of the Juvenile Justice Center located at 11200 Avenue 368, Visalia, CA 93291. (07/01/00) (Revised 01/01/07, 07/01/11, 01/01/19, 07/01/26) Rule 1103 - Filing of Documents

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(a) To provide adequate time for processing, all documents submitted in connection with a hearing scheduled for the following day must be submitted to the court no later than 3:00 p.m. the day before the hearing is scheduled. (b) No document except original petitions filed pursuant to Welfare and Institutions Code sections 300 and 602 will be accepted by the court clerk for filing unless it sets forth on its face the case caption and is accompanied by a proof of service reflecting service on all counsel of record and parties not represented by counsel. (01/01/03) (Revised 01/01/07, 07/01/26) Rule 1104 - Motion Requirements (a) No noticed motion will be accepted by the county clerk unless it is accompanied by a proof of service. (b) All motions calendared in the juvenile court must comply with the requirements of the Code of Civil Procedure sections 1010 et seq. and California Rules of Court, rules 3.1110, 3.1113, 3.1115, 3.1320, and 5.544, except that written notice to opposing counsel and the court may be reduced to five court days, and any opposition must be filed and served two court days before the scheduled hearing. Prior to giving notice, the moving party must reserve the hearing date with the calendar clerk for the juvenile court.

Ex parte requests for relief from compliance with this rule may be granted only upon written application to the juvenile court judge or bench officer assigned to hear the matter, supported by affidavit showing good cause, and with at least four hours personal or telephonic notice of the time set for such ex parte application to all counsel appearing in the proceeding. Any request for such ex parte relief must also include an affidavit by requesting counsel that notice was given as required.

All documents must be typed or printed and must be punched with two holes at the top of

each page. Notwithstanding the foregoing requirements, motions to continue a hearing, brought under Welfare and Institutions Code section 352, are subject to the time limits set forth therein. Additionally, counsel for all parties to a proceeding may stipulate to a continuance, provided that such stipulations are submitted and approved by the court regularly hearing the matter at least two court days prior to the hearing. Such stipulations must establish the existence of good cause for continuance. Papers that do not comply with these rules, the Code of Civil Procedure, and the California Rules of Court will not be considered by the court unless good cause is otherwise shown. (01/01/03) (Revised 07/01/00) Rule 1105 - Documenting Notice of Hearings In all juvenile dependency matters, Child Welfare Services (CWS) must file a single “Proof of Service Declaration” to show compliance with the legal notice requirements for each hearing. Judicial Council forms must be used by the agency internally to meet notice and Title IV-E requirements. (Forms are available on the Internet at https://www.courts.ca.gov.) A “Proof of Service Declaration” (see Appendix 2) must be signed, under penalty of perjury, indicating the following: (a) That a notice of hearing (e.g., Judicial Council Form JV-280 or JV-300) has been sent to each of the parties, any court appointed special advocate (CASA), the attorneys, and any Indian tribe, informing them of the nature of the proceeding;

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(b) The date, time, place, and manner in which notice was given; (c) The parties, attorneys, CASAs (if any), and Indian tribes (if any) noticed, including addresses; (d) Whether reports accompanied the notice; (e) Names of parties who were not noticed due to unknown addresses. The “Proof of Service Declaration” must include documentation of CWS’s due diligence in attempting to locate missing parents whenever required by law. (07/01/00) (Revised 01/01/07, 01/01/2020) Rule 1106 - Ex Parte Orders in Dependency Cases (a) Before submitting ex parte orders to a judicial officer for approval, the applicant must give notice to all counsel, social workers, and parents who are not represented by counsel or explain the reason notice has not been given. (b) The party requesting ex parte orders must inform the judicial officer that notice has been given by completing a “Declaration Re Notice of Ex Parte Application” form (Appendix 11). The original declaration and accompanying “Application for Order” must be submitted to the juvenile court clerk of the juvenile division. (c) Upon receipt of the application and declaration of notice, the clerk will note the date and time received in the upper right corner of the declaration. In order to give opposing parties ample time to respond to the ex parte application, the clerk will hold the application for four hours prior to submission to the judicial officer for their decision. (d) An opposing party must present any written opposition to a request for ex parte orders to the court clerk of the juvenile division within four hours of receipt of notice. The court may render its decision on the ex parte application or set the matter for hearing. The applicant is responsible for serving all noticed parties with copies of the court’s decision, or notice that the court has calendared the matter, and the applicant must notify all parties of any hearing date and time set by the court. (e) Whenever possible, the moving and responding papers and declaration regarding notice must be served on the attorney for each parent, attorney for the child, county counsel, CASA, supervising social worker, and parents who are not represented by counsel. (f) Notice may be excused if the giving of such notice would frustrate the purpose of the order and cause the child to suffer immediate and irreparable injury. (g) Notice may also be excused if, following a good faith attempt, the giving of notice is not possible. (01/01/03) (Revised 01/01/07) Rule 1107 - Appointment of Child Advocates (CASA) (a) At any time during a dependency proceeding pursuant to Welfare and Institutions Code section 300 et seq. or at any time following a declaration of wardship at a disposition hearing during delinquency proceedings pursuant to Welfare and Institutions Code section 601, et seq. a trained volunteer court appointed special advocate (CASA) may be appointed by the court to provide all the services contemplated by Welfare and Institutions Code sections 102(c) and 104, and to represent the best interests of children in juvenile court proceedings. In order to qualify for appointment, the child advocate must be trained and function under the auspices of a Court Appointed Special Advocate Program, formed and operating under the guidelines established by the Judicial Council of California (Welf. & Inst. Code, §§ 100 and 103(a)).

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(b) A CASA volunteer is a sworn officer of the court having taken an oath which describes the duties and responsibilities of the volunteer. CASA volunteers serve at the pleasure of the court and are bound by all court rules. (c) The Tulare County CASA Program will function under and pursuant to the program guidelines of CASA Programs as from time to time may be adopted or amended by the Judicial Council of the State of California, pursuant to Welfare and Institutions Code section 100, and will comply generally with the provisions of Welfare and Institutions Code sections 100-109, and California Rules of Court, rule 5.655. (d) CASA volunteers are appointed only on behalf of children, and only in such proceedings as authorized by Welfare and Institutions Code sections 100-109 and the program guidelines established pursuant to these sections. (e) CASA volunteers must have access to all documents, case files, and other documents which relate to the child before the court as authorized by Welfare and Institutions Code section 107. (f) A CASA volunteer’s personnel file is confidential. No one will have access to the volunteer’s personnel file with the exception of the volunteer, the CASA program director or their designee, and the presiding judge of the juvenile court. (g) CASA shall receive notice of all court proceedings for whom they have been appointed. (h) CASA shall have reasonable access to the children for whom they have been appointed. (i) CASA shall be served with a copy of all documents filed with the court as to a child for whom they have been appointed. The party filing said document is responsible for service on CASA. (j) There must be ongoing, regular communication concerning the child’s best interests, current status, and significant case developments maintained among the advocates, case manager, child’s attorney, attorney(s) for parents, social worker, county counsel, relatives, foster parents, and any therapist for the child. (k) A child advocate may petition the court to set the child’s case for hearing. (See Appendix 10, “Petition and Order re Hearing to Review Case.”) (l) All court reports submitted by CASA shall be submitted and served on all parties through their counsel, Child Welfare Services, and Probation in a timely fashion, at least 10 court days prior to the scheduled hearing unless otherwise ordered by the court. (01/01/03) (Revised 01/01/07) Rule 1108 - Authorization for Use of Psychotropic Drugs Dependent Children (a) Psychotropic medication must not be administered to children who are dependents of the court and in out-of-home placement until an “Application for Order for Psychotropic Medication – Juvenile” (Judicial Council Form JV-220, available on the Internet at https://www.courts.ca.gov) has been submitted and approved by the court.

(1) Where more than one medication is requested, the application must specify whether the prescribing physician intends the medications to be combined, or is making the request in the alternative. Where said request is in the alternative, the application must set forth the intended plan of treatment. (2) Information regarding the child’s wishes must be included in the application. (3) The physician prescribing the medication(s) must have evaluated the child within 30 days immediately preceding submission of the application.

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(b) Wards of the Court - If a ward has been placed in out-of-home placement, consent to psychotropic medication by the parent/guardian may still be appropriate. If the court has made a prior determination that the parent/guardian is unable to make an informed decision on behalf of the ward, or if the whereabouts of the parent/guardian are unknown, an application for “Order for Psychotropic Medication – Juvenile” (Judicial Council Form JV- 220) must be submitted by Probation and approved by the court prior to the administration of any psychotropic medication. (1) Where more than one medication is requested, the application must specify whether the prescribing physician intends the medications to be combined or is making the request in the alternative. Where said request is in the alternative, the application must set forth the intended plan of treatment. (2) Information regarding the child’s wishes must be included in the application. (3) The physician prescribing the medication(s) must have evaluated the child within 30 days immediately preceding submission of the application. (07/01/00) (Revised 01/01/07, 01/01/2020) Rule 1109 - Medical, Surgical, Dental Care All parties must comply with Welfare and Institutions Code section 369 regarding medical treatment of a dependent child in out-of-home placement. The social worker must notify the parents, all counsel, CASA, and the court of any child’s hospitalization, and the reasons therefore, within two (2) court days of said hospitalization. (01/01/03) (Revised 01/01/07) Rule 1110 - Discovery The rules set forth herein will apply to juvenile court cases arising under Welfare and Institutions Code sections 300 or 601, as indicated below, and will equally apply to all parties and their counsel. This rule is intended to expand upon, rather than limit, California Rules of Court, rule 5.546. (a) Timely Disclosure of Informal Discovery - Pre-hearing discovery must be initially conducted informally in cases arising under Welfare and Institutions Code sections 300 or 601. Except as protected by privilege, all relevant material must be disclosed in a timely fashion to all parties to the litigation (Cal. Rules of Court, rule 5.546). (b) Motion to Compel Discovery - In cases arising under Welfare and Institutions Code sections 300 or 601, a party may bring a motion to compel discovery only after all informal means have been exhausted. A motion to compel discovery must be noticed and served in accordance with the requirements of The Superior Court of Tulare County, Local Rules, rule 1104. The motion must state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure the information. (c) No Civil Discovery Methods - Civil discovery methods, such as those set forth in the Code of Civil Procedure, do not apply in juvenile cases arising under Welfare and Institutions Code sections 300 or 601, without prior authorization from a bench officer. (d) Dependency Proceedings - (1) For pretrial hearings, where the parties have entered a time waiver and a pretrial hearing is calendared, the jurisdictional/disposition report must be filed and served at least five court days prior to the pretrial hearing. (2) For adjudication within the statutory time, the jurisdiction/disposition report must be filed and served at least three court days prior to the hearing. If time is waived and a

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jurisdictional hearing is set beyond fifteen (15) court days, the social worker must file a report at least five (5) court days prior to the hearing. (3) For all other hearings, the social worker’s report must be served at least 10 court days prior to the hearing. (4) All social worker reports may be mailed to counsel, delivered by personal service, or delivered by other means as agreed upon by counsel. (5) In contested proceedings, the name of any experts to be called by any party, and copies of their reports, must be made available to all parties at least five court days before the hearing, except where there has been no time waiver and the need for an expert is not known, in which case the parties must exchange expert information at the earliest possible time. (6) Except as provided elsewhere in these rules, mutual discovery, including names of witnesses and their addresses and telephone numbers, must be exchanged at least five court days before the hearing, except where there has been no time waiver, in which case the parties must exchange mutual discovery at the earliest possible time. (7) Failure to provide timely exchange of information as required by this local rule will be grounds for any of the sanctions warranted under California Rules of Court, rule 5.546(j). (e) Delinquency Proceedings: The court rules regarding discovery as set forth in Penal Code sections 1054 - 1054.8 will apply to all delinquency proceedings. (07/01/00) (Revised 01/01/03, 01/01/07, 07/01/11) Rule 1111 - Confidentiality & Inspection of Juvenile Case Files (a) General Confidentiality. Generally, juvenile case files are confidential, subject to limited exceptions, pursuant to applicable state and federal law. Juvenile case files may not be obtained or inspected by either civil or criminal subpoena, and information from juvenile case files may not be disclosed without a juvenile court order except as expressly provided by law. All court personnel, attorneys appearing before the court, and court officers must be familiar with and observe confidentiality requirements under applicable law. (b) Inspection of Juvenile Case Files. (1) Access Generally Juvenile delinquency case files and a living child’s juvenile dependency case files may be obtained or inspected, and information from the file may be disclosed, only in accordance with Welfare and Institutions Code sections 827, 827.12, and 828, as explained in rule 5.552 of the California Rules of Court. Rule 5.552 provides procedures for requesting any juvenile delinquency case file and a living child’s juvenile dependency case file. (2) Access by Persons or Agencies Permitted to Inspect a Juvenile Case File Without a Court Order When a person or agency permitted to inspect a juvenile case file without court authorization under Welfare and Institutions Code section 827 requests to be provided access to a juvenile case file, or any portion thereof, by the court or a court employee, the person or agency must provide satisfactory proof that the person or agency is permitted to inspect the juvenile case file without a court order under Welfare and Institutions Code section 827. The person or agency seeking access to the juvenile case file may establish proof of such authorization by filing a Declaration in Support of Request to Inspect and/or Copy Juvenile Court Records without a Court Order (Local Form JUV-001) in the juvenile court and providing a file stamped copy of the declaration to the court or court employee at the time the request for access to a juvenile case file is made.

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(01/01/03) (Revised 01/01/07, 07/01/11, 07/01/26) Rule 1112 - Access to the Courtroom by Non-parties. Except as set forth in Welfare and Institutions Code sections 346, 676, and 676.5, members of the public and media will not be admitted to dependency or delinquency proceedings. Media access to the courtroom, where allowed, will be governed by California Rules of Court, rule 1.150. (01/01/03) (Revised 01/01/07) Rule 1113 - Media Requests for Observing, Interviewing, Photographing, Videotaping, or Voice Recording of Minors or their Families, in a Non-Courtroom Setting and Requests for Access to Certain Facilities. The media representative must initiate contact with the presiding judge of the juvenile court by submitting a request, at least five days prior to the requested access date, containing the following: (a) A general description of the media proposal and its purpose; (b) The exact location, date, and time of the proposed project; (c) Specification of the type of coverage requested (i.e., observation, filming, videotaping, interviewing, photographing, or voice recording);

(d) A statement of the nature and extent of expected involvement with the minor or facility; (e) A description of the general subject areas to be covered, where individual minors or family members are to be interviewed or questioned; (f) The names and ages of individual minors, if available; (g) A statement as to whether or not petitioner seeks a waiver of the minor’s confidentiality and the specific reasons for such a request; (h) An explanation of how information obtained is to be used, including airing or publication dates; (i) Any other information which could be useful to the court in evaluating petitioner’s request; and (j) A statement of whether the petitioner fully understands and accepts the provisions of Welfare and Institutions Code sections 825-830 and California Rules of Court, rule 5.552, regarding confidentiality. A copy of the form must be provided to the Chief Probation Officer and/or Deputy Director of Child Welfare Services. Any objection by either Probation or Child Welfare Services must be communicated in writing to the presiding judge of the juvenile court within two court days of receipt of the form. The presiding judge of the juvenile court, or other bench officer as designated by the presiding judge, will review the request and any objection. The bench officer may grant the request and, if granted, will provide the media representative with the media order. The media order may specifically define the media contact. The media representative must review the order and must sign the designated order, agreeing to comply with the provisions of the order, prior to media access. Failure by the media representative to comply with the provisions of the order may subject the representative to contempt proceedings. (07/01/00) (Revised 01/01/07) Rule 1114 - Inspection and Disclosure of Juvenile Court Records (Omitted 07/01/26) Rule 1115 - Ex Parte Restraining Orders - Juvenile Dependency Pursuant to Welfare and Institutions Code section 213.5 and in accordance with its provisions, the juvenile court may issue ex parte orders and other orders necessary for protection of the

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minor. Hearings pursuant to this section may be held simultaneously with regularly scheduled hearings in dependency hearings. (07/01/00) (Revised 01/01/07) Rule 1116 - Dependency - Designation of Permanent Mailing Address Child Welfare Services must have each parent whose whereabouts is known execute a “Notification of Mailing Address” (JV-140) prior to the completion of the initial hearing or detention hearing. Said “Notification of Mailing Address” must be filed with the court clerk of the juvenile division. A new “Notification of Mailing Address” (JV-140 – available on the Internet at https://www.courts.ca.gov) must be completed by the parent and filed with the court clerk of the juvenile division whenever the parent wishes to change the permanent mailing address on file with the court. (01/01/07) (Revised 01/01/2020) Rule 1117 - Motion to Challenge Legal Sufficiency of Petition In any dependency proceeding, the court may entertain a pre-hearing challenge to the petition’s sufficiency by a motion akin to a demurrer. Such a motion may be made in writing or orally, but it must be made as early as possible in the proceedings. The court may rule on the motion at the hearing, or it may continue the hearing on the motion to another date in order to receive points and authorities from counsel. (01/01/03) (Revised 01/01/07) Rule 1118 - Presentation of Evidence - Dependency Cases Only (a) Offers of Proof: The party presenting evidence may utilize, or the court may require, an offer of proof with regard to any witness. Where one party presents an offer of proof in lieu of testimony, the witness must nevertheless testify unless all parties stipulate to receiving evidence via an offer of proof. (b) Hearsay Objections to Social Worker’s Report: Any hearsay objections to the social worker’s report must be in writing, served and filed at least two court days before the hearing, except that in cases where the social worker’s report is not filed at least five court days prior to the hearing, the objecting party must file and serve his/her objections in writing at least one day prior to the hearing. (01/01/03) (Revised 01/01/07) Rule 1119 - Modifications of Orders (Welf. & Inst. Code, §§ 386, 387, and 388, and Cal. Rules of Court, rules 5.560 and 5.570) (a) More Restrictive Placement - Any motion by petitioner to modify an existing order to a more restrictive placement will be implemented pursuant to Welfare and Institutions Code section 387 and California Rules of Court, rules 5.560(c) and 5.565. The court deems a move from foster care to a group home setting to be a more restrictive placement. (b) Less Restrictive Placement - Any motion by an interested party to modify the court’s orders to a less restrictive placement will follow the procedures outlined in Welfare and Institutions Code section 388 and California Rules of Court, rules 5.560(d) and 5.570. (c) New Service Plan Requirements - Any significant changes or additions to the service plan for parents/guardians must be submitted to them for approval before implementation. A parent who disagrees with the new requirements may request a hearing before the court on the matter after filing appropriate noticed motion. (d) Notice re Change in Placement - In order to ensure that proper notice is received by attorneys for parents and children of any change in a child’s placement after the original dispositional hearing: (1) In non-emergency situations, the department must give notice at least five court days prior to the change in placement. (2) In non-emergency situations, prior to removal of a child from one county to another, the department must provide notice at 10 court days prior to the change in placement. Where

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the child is being returned to Tulare County from an out-of-county placement, the notice required is five court days. (3) In emergency circumstances, the department must give notice immediately, and in no case later than 48 hours (two working days) following the child’s change in placement. (4) Notice may be given in writing and/or orally by telephone. (01/01/03) (Revised 01/01/07) Rule 1120 - Representation of Parties Relating to Dependency (a) Experience, Training, and Education of Attorneys (1) General Competency Requirement - All court-appointed attorneys appearing in juvenile dependency proceedings must meet the minimum standards of competence herein set forth. (2) Standards of Education and Training - Each court-appointed attorney appearing in a dependency matter before the juvenile court must complete either of the following minimum training and educational requirements: (A) Participated in at least eight hours of training or education in juvenile dependency law, which training must have included information on the applicable case law and statutes, the Rules of Court, Judicial Council forms, motions, writs, mediation, child development, child abuse and neglect, family reunification and preservation, restraining orders, rights of de facto parents, and reasonable efforts; or (B) At least six months’ experience in dependency proceedings in which the attorney has had primary responsibility for representation of his or her clients in said proceedings. In determining whether the attorney had demonstrated competence, the court will consider whether the attorney’s performance has substantially complied with the requirements of these rules. (C) Each court-appointed attorney who practices before the juvenile dependency court must complete within every three-year period at least eight hours of continuing education related to dependency proceedings. Evidence of completion of the required number of hours of training or education must be retained by the attorney and may include a copy of a certificate of attendance issued by a California Mandatory Continuing Legal Education (MCLE) provider; a certificate of attendance issued by a professional organization which provides training and/or education for its members, whether or not it is an MCLE provider. Attendance at a court sponsored or approved program will also fulfill this requirement. (D) The attorney’s continuing training or education must be in the areas set forth in paragraph (a)(2) above, or in other areas related to juvenile dependency practice. (E) To enhance the practice of law before the juvenile dependency court of this county, and to recognize the unique qualities of juvenile dependency law, a standing committee of the juvenile court will review and recommend modifications to these rules in the area of training, education, and standards of representation. (F) Each court-appointed counsel, including those employed by county offices, must annually complete and file a “Certificate of Competency” (Appendix 3), and file it with the presiding judge of the juvenile court. (3) Standards of Representation (A) To resolve disputed aspects of a case without a hearing, attorneys are expected to meet regularly with clients, including clients who are children, as well as to contact

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social workers (within the ethical confines of contact with a represented party) and other professionals associated with the client’s case, and to work with other counsel. (B) An attorney representing a child must have contact with the client prior to each hearing. The attorney, or attorney’s agent, must interview all children four years of age or older in person unless it is impracticable. Whenever possible, the child must be interviewed at the child’s placement. The attorney or attorney’s agent should also interview the child’s caretaker (unless said caretaker is a party represented by counsel), particularly when the child is under four years of age. If the child’s attorney becomes aware of an interest or right of the child to be protected or pursued in other judicial or administrative forums, counsel must notify the court immediately and seek instructions from the court. This includes, but is not limited to, pursuit of any tort claims available to the child (Cal. Rules of Court, rule 5.660). (C) Attorneys representing any party other than a child must interview the client at least once prior to the day of the jurisdictional hearing unless the client is unavailable. Thereafter, the attorney or the attorney’s agent must contact the client at least once prior to the day of each hearing unless that client is unavailable. (b) Complaints (1) Any party to a juvenile proceeding may lodge a written complaint with the court concerning the performance of his/her appointed attorney in a juvenile court proceeding as follows: (A) Complaints or questions must initially be referred to that attorney’s supervisor within the agency, association, or law firm appointed to represent the client. (B) If the issue remains unresolved, or if there is no designated agency, association, or law firm appointed to represent the client, the party may submit a written complaint to the court in which the matter is pending. The court will, within 10 days, conduct its own review of the complaint or question which may include a hearing in chambers. The court may take any appropriate action required, including relieving counsel and appointing new counsel and/or holding a formal hearing on the matter. (07/01/00) (Revised 01/01/07) Rule 1121 - Appointment for Children The Tulare County Superior Court may enter into a contractual agreement with a qualified attorney or attorneys for the representation of dependent children. The agreement may provide that the attorney(s) so employed represent all children, unless the juvenile court determines the child would not benefit from the appointment of counsel as provided by Welfare and Institutions Code section 317(c). (01/01/03) (Revised 01/01/07)

Rule 1122 - Family and Juvenile Court Management of Child Abuse Cases (This rule is repeated in Family Law, rule 929 ) It is the policy of the superior court to identify and coordinate custody proceedings involving the same child, which may appear in multiple legal settings. It is further the policy of the superior court to coordinate the efforts of the different court systems so that the child/ren’s and family’s needs are served and the resources of the family and the court are not wasted. To these ends, the superior court and the agencies serving the court must cooperate to increase the exchange of information and to determine the most appropriate forum for the resolution of the issues relating to the child/ren. (Pursuant to Welfare & Institutions Code section 827.10.)

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(a) Report Pursuant to Penal Code section 11166 - If, during the pendency of a family law proceeding, a child abuse allegation against one of the child’s parents comes to the attention of a Family Court Services staff member or other mediator or evaluator, that person must first determine whether the allegation must be reported to a child protection agency, pursuant to Penal Code section 11166. If that person determines the allegation does not fall within the description of section 11166, he/she need not make a report. However, any other person may report the allegation to a child protection agency. (b) Child Abuse Investigation - When the Health and Human Services Agency, Child Welfare Services Branch (CWS), receives a report of suspected child abuse during the pendency of a family law proceeding, it must investigate the matter immediately, or within 10 days, unless the judicial officer from family court requests an earlier investigation. CWS, and the law enforcement agency having jurisdiction, must coordinate their investigative efforts. If CWS becomes aware that a family law case is ongoing concerning a child who is the subject of a suspected child abuse investigation, CWS must inform Family Court Services of the pending investigation and any decisions it makes concerning the child abuse investigation. If CWS, or the law enforcement agency having jurisdiction, determines that further investigation is necessary, the agency making that determination must contact the other agency immediately so that all investigative efforts may be coordinated. (c) Welfare and Institutions Code section 329 Application - If CWS decides not to intervene, or fails to report to the reporting party within 10 days, any person may apply to the social worker pursuant to Welfare and Institutions Code section 329. In that application, the affiant must give notice and identifying information of any pending family law proceeding. A copy of the application must be sent to Family Court Services by the moving party. The social worker must respond to the application as soon as possible, or within three weeks after submission of the application (Welf. & Inst. Code, § 329). (See Appendix 4 for application and order form or use Judicial Council form JV-212, Application to Review Decision by Social Worker Not to Commence Proceedings.)

(d) Suspension of Family Court Proceedings Pursuant To Welfare and Institutions Code section 300 Petition Filed In Juvenile Court - Upon the filing of a petition pursuant to Welfare and Institutions Code section 300 in the juvenile court, all custody and visitation proceedings in the family court are suspended. The juvenile court clerk will determine whether there is a family law court file concerning the child/ren named in the petition. If there is a family law court file, the juvenile clerk will send a copy of the notice required under Welfare and Institutions Code section 335 to the family law court. Upon receipt of such notice, the family law clerk will place such notice in the family law file. Thereafter, custody and visitation issues will be determined by the juvenile court. The family court will resume jurisdiction over custody and visitation issues only after termination of jurisdiction of the juvenile court. Upon termination of jurisdiction of the juvenile court, the clerk of the juvenile court will lodge a copy of the order terminating jurisdiction and any juvenile court custody order in the family court file. (e) Review of Dependency Decision - If CWS decides to initiate dependency proceedings after reviewing the application under Welfare and Institutions Code section 329, any person may apply to the juvenile court to review that decision pursuant to Welfare and Institutions Code section 331. The application for court review must include a copy of the application made pursuant to Welfare and Institutions Code section 329. The juvenile court will rule on the

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application as soon as possible, and in no event later than 30 days after receipt of the application. (f) Informal Supervision Agreement - If, during the CWS worker’s investigation, one or both parents reach an informal supervision agreement pursuant to Welfare and Institutions Code section 331, a copy of that agreement must be sent immediately to CWS, to Family Court Services, to family court, and to each parent. (g) Family Code section 3150, Appointment of Counsel - During family court proceedings in which allegations of child abuse have been made, the family court judge may appoint counsel for the child/ren (Fam. Code, § 3150) to protect the child/ren’s interests and/or to expedite the policy stated herein and carry out the terms of this protocol. (h) Coordination of Cases - At any time during the process described herein, the supervising judges and bench officers of the family and juvenile courts are encouraged to discuss, generally, problems relating to the coordination of cases involving child abuse allegations. Nothing in this section will be construed to permit judicial officers to discuss the specific facts of any certain case. (07/01/00) (Revised 01/01/07, 07/01/11, 01/01/20) Rule 1123 - Juvenile Dependency, Juvenile Delinquency, Family, and Probate Courts Exchange of Information This rule addresses the exchange of information between Family Court Services staff (FCS), Juvenile Probation Department staff (JPD), and the Child Welfare Services staff (CWS). The disclosure of information concerning children and their parents and caretakers by any of these agencies to each other is generally prohibited by law, unless specifically authorized by court rule or order. Nevertheless, a limited exchange of information about children or their parents or caretakers will serve the best interests of the child who is before the court and the administration of justice. The court hereby finds that the best interest of children appearing before the juvenile and family courts, the public interest in avoiding duplication of effort by the courts and by the investigative agencies serving the juvenile and family courts, and the value of having relevant information gathered by a court or court-serving agency outweighs the confidentiality interests reflected in Penal Code sections 11167 and 11167.5, Welfare and Institutions Code sections 827 and 10850, Family Code section 1818, and therefore good cause exists for the following rule: (a) Abuse/Neglect - FCS and JPD staff may orally and in limited written form disclose to CWS staff who are investigating a suspected child abuse or neglect case the following information: (1) Whether the child, his/her parents, guardians, or caretakers are or have been the subject of a custody, delinquency, or probate investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the court by FCS or JPD, and any court orders in existence with respect to the child, parents, guardians, or caretakers. (2) Any statement made by the child or the child’s parents, guardians, or caretakers which might bear upon the issue of the child’s best interests in the pending child abuse or neglect case. In addition, FCS or JPD staff may give to CWS staff who are investigating or supervising a suspected child abuse case a copy of any court orders. (3) CWS may include this information in court reports and keep such information in their case files. (b) Custody Disputes - JPD or CWS staff may orally (or in limited written form) disclose to FCS staff who are mediating or investigating a child custody dispute the following information:

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(1) Whether the child, or his/her parents or caretaker, are or have been the subject of a child abuse, neglect, probate, or delinquency investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the court by CWS or JPD, and any court orders in existence with respect to the child, parents, guardian, or caretaker. (2) Any statements made by the child or the child’s parents, guardians, or caretakers which might bear upon the issue of the child’s best interests in the pending family court matter. In addition, JPD or CWS may give to FCS staff who are investigating a child custody dispute a copy of any court orders. (3) FCS may include this information in court reports and keep such information in their case files. (c) Delinquency - FCS or CWS staff may orally (or in limited written form) disclose to JPD staff who are investigating a delinquency case the following information: (1) Whether the child, or his/her parents or caretaker, are or have been the subject of a child abuse, neglect, custody, or probate investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the court by CWS or FCS staff, and any court orders in existence with respect to the child, parent, guardian, or caretaker. (2) Any statements made by the child or the child’s parents, guardians, or caretakers which might bear upon the issue of the proceeding. In addition, FCS and CWS staff may give to JPD staff who are investigating or supervising a delinquency matter a copy of any court orders. (3) JPD may include this information in court reports and keep such information in their case files. (07/01/00) (Revised 01/01/07) Rule 1124 - Exchange of Information among CWS, Service Providers, and Schools in Juvenile - Dependency Cases This rule addresses the exchange of information among Child Welfare Services staff (CWS), any persons who are providing or have provided mental health, counseling, or medical treatment services to a parent, guardian, or child as a part of a child welfare services case plan (“Service Providers”), and schools where any dependent child in the case is attending or has attended (“Schools”). The disclosure of confidential information among CWS, Service Providers, and Schools is generally prohibited by law, unless specifically authorized by written consent or by court rule or order. Nevertheless, an exchange of information about children and their parents or guardians as needed to implement, develop, and monitor the child welfare services case plan will serve the best interests of the child who is before the court and the administration of justice. The court hereby finds that the best interest of children appearing before the juvenile courts and the value of having relevant information gathered by a court or court-serving agency outweighs the confidentiality interests reflected in Civil Code sections 56 et. seq., Welfare and Institutions Code sections 827, 4514, and 10850, 42 Code of Federal Regulations, part 2, and provisions providing for confidentiality of school records, including Education Code section 49602, and therefore good causes exists for the following rule: With respect to each juvenile dependency case, CWS, all Service Providers, and all Schools holding records concerning any of the children in the case must mutually exchange information verbally and in writing as needed to assist in implementing, rendering, and monitoring the services identified in the case plan. All Service Providers and Schools at which the children attend, or have attended, are ordered to prepare and

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release to the social worker, all progress reports concerning the parent/guardian(s) and child(ren) in connection with services for education, counseling, training, mental health treatment, substance abuse, alcohol treatment, or medical treatment provided in connection with the service plan in the case. Any party who objects to the exchange of information as provided under this rule may seek a protective order by oral motion at any hearing or by bringing a formal motion. (07/01/00) (Revised 01/01/07) Rule 1125 - Domestic Violence Coordination Rules Domestic Violence Coordination Rules Court Communication It is this court’s goal to coordinate domestic violence orders. It is the clerk’s responsibility, prior to any hearing requesting protective orders and/or child custody and/or visitation orders, to determine if any such orders have already been issued as to the same parties or children in any other department by accessing the court’s case management system and California Court Protective Order Registry (CCPOR). The court’s criminal, family, and juvenile law departments shall use all reasonable efforts to communicate and exchange information with each other in regards to any domestic violence orders. Avoiding Conflicting Orders No department of the family or juvenile court shall knowingly issue a protective order or custody order in conflict with an order of the criminal court. In the event such an order issues inadvertently, the orders of the criminal law proceeding shall have priority. Modification of Criminal Orders A court issuing a criminal protective order may, after review of any existing family or juvenile court orders, modify the criminal protective order to allow or restrict contact between the restrained person and his or her children, spouse, or other protected person. Coexisting Criminal and Family or Juvenile Orders A family or juvenile court order may coexist with a criminal court protective order, subject to the following: (a) Any order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a “No Contact Order” issued by a criminal court. (b) Safety of all parties shall be the courts’ paramount concern. The family or juvenile court order shall specify the time, day, place, and manner of transfer of the child, as provided in Family Code section 3100. Issuance and Enforcement of Restraining Order Upon granting of relief (through initial petition, modification, or termination), the clerk shall convey within 24 hours a file-endorsed copy of the order to the Tulare County Sheriff’s Department (TCSO) for input into CLETS, a statewide computerized registration system for restraining orders, or to the court CLETS administrator upon that program becoming operational. (01/01/11) (Revised 07/01/11) CHAPTER 12 - PROCEEDINGS FOR COMMITMENT OF PERSONS WITH DEVELOPMENTAL DISABILITIES; HABEAS CORPUS PROCEEDINGS PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTIONS 4800 AND 7250; PROCEEDINGS PURSUANT TO IN RE HOP (1981) 29 Cal.3d 82 Rule 1200 - Commitment of Persons with Developmental Disabilities

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All proceedings for the commitment of persons with developmental disabilities, habeas corpus proceedings pursuant to Welfare and Institutions Code sections 4800 and 7250, and proceedings undertaken pursuant to In Re Hop (1981) 29 Cal.3d 82, will be assigned as set forth in the Judicial Assignments Order of the court pursuant to The Superior Court of Tulare County, Local Rules, rule 300 and will be heard only on Thursdays except for contested matters in which hearing time will exceed 30 minutes. Any contested matter expected to exceed 30 minutes will be set for hearing by the judge assigned to hear the case at the time a contested hearing is requested. (01/01/03) (Revised 01/01/07, 07/01/11) Rule 1201 - Hearing Requirements The court shall inquire into the condition of the alleged mentally retarded person at a hearing as required by Welfare and Institutions Code section 6507. For this purpose, the court requires the attendance before it of a physician who has made a special study of mental retardation, and of a clinical psychologist, or two such physicians, or of two such psychologists, to examine the e person and testify concerning the person’s mentality at the hearing. (01/01/03) (Revised 01/01/07) Rule 1202 - Omitted (07/01/11)

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APPENDIX 1 - SETTLEMENT CONFERENCE CHECK LIST (Counsel Should be Prepared to Respond to Questions by the Court as to Matters Referred to in this "Settlement Conference Check List.")

  1. Prior to the settlement conference hearing, recheck: a. California Rules of Court, (1) Rule 3.1380 - Mandatory Settlement Conferences, (2) Rule 3.1385- Duty to Notify Court of Settlement or Stay, (3) Rule 2.30 – Sanctions, and b. Local Rule 606.
  2. Review and evaluate liability (what a jury is likely to do): a. Consider and itemize strong liability points; b. Consider and itemize weak liability points; c. Consider facts which depend on conflicting testimony; d. Consider facts which depend on testimony of witnesses weak on credibility; e. Are there factual contentions on your side which will be difficult to prove? f. Are there factual contentions of your opponent which will be difficult to prove? g. Have you discussed your factual contentions with opposing counsel and considered his/hers? h. Consider law applicable to liability; (1) Is there a dispute as to liability based upon the law? (2) Have you discussed your legal contentions with opposing counsel and considered his/hers? i. Rate liability on a scale of 0% liability to 100%.
  3. Review and evaluate damages (what a jury is likely to do): a. Have current medical reports on all claims of injury and all medical reports prepared by any doctor; b. Itemize special damages and total damages (attach copies of each bill or originals); c. Itemize possible future special damages and total damages (attach report of other data showing basis of claim of future special damages as to dollar amount). d. Supply opposing counsel with copies of all medical reports and your itemization of special damages to date and future special damages at least ten days before settlement conference. e. Itemize claimed injuries and evaluate the extent of each injury: a. Temporary or permanent, b. Disabling or non-disabling, c. Disfiguring or not; f. Consider whether future medical care or time will improve physical condition; g. Estimate the verdict range, assuming liability; h. Reduce verdict range for: a. Comparative negligence, b. Problems of proof of injuries claimed, and c. Estimate of percentage of liability; i. Have you discussed your settlement figure with opposing counsel and considered his/hers? j. Have you discussed your settlement figure with your client within one (1) week of the settlement conference? (07/15/89)

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APPENDIX 2 - PROOF OF SERVICE DECLARATION

Case No. ____________________

I declare that I am employed in the County of Tulare, California. I am over 18 years of age, and not a party to the within entitled action. I am employed at, and my business address is: ________________________________________________________ (include zip code). On the date(s) stated, I served the Notice of Hearing and Proof of Service (Judicial Council Forms JV-280 and JV-510) to the following parties and attorneys (include addresses):

________________________________________ Report(s)were attached to the Notice served by ________________________________________ (method of service) Proof of Service Date______

________________________________________ Report(s)were attached to the Notice served by ________________________________________ (method of service) Proof of Service Date______

________________________________________ Report(s)were attached to the Notice served by ________________________________________ (method of service) Proof of Service Date______

________________________________________ Report(s)were attached to the Notice served by ________________________________________ (method of service) Proof of Service Date______

________________________________________ Report(s)were attached to the Notice served by ________________________________________ (method of service) Proof of Service Date______

________________________________________ Report(s)were attached to the Notice served by ________________________________________ (method of service) Proof of Service Date______

________________________________________ Report(s)were attached to the Notice served by ________________________________________ (method of service) Proof of Service Date______ The proceeding was noticed for ___________, at _____ a.m./p.m. in Dept. ___. The name(s) of the party(ies) not noticed due to unknown addresses are: _____________________ ☐ Due diligence attached ____________________ ☐ Due diligence attached _____________________ ☐ Due diligence attached ____________________ ☐ Due diligence attached _____________________ ☐ Due diligence attached ____________________ ☐ Due diligence attached

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: _____________, 20 ______________________________

(Signature)

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APPENDIX 3 - CERTIFICATE OF COMPETENCY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF TULARE JUVENILE DIVISION I, ___________________________________________________________________________ (NAME) (OFFICE ADDRESS) (TELEPHONE NUMBER) am an attorney at Law licensed to practice in the State of California. My state bar number is _____________________. I hereby certify that I meet the minimum standards for practice before a juvenile court as set forth in California Rules of Court, rule 5.660, and rule 1120 of Local Rules of The Superior Court of Tulare County, and that I have completed the minimum requirements for training, education and/or experience as set forth below.

Training and Education: (Attach copies of MCLE certificates or other documentation of attendance.) Course Title Date Completed Hours Provided




Juvenile Dependency Experience: Case # # Contested Hearings Date of Last Appearance Party Represented___



Dated: _____________, 20 ______________________________ (Signature of Attorney)

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APPENDIX 4 - APPLICATION re ORDER and FACTS

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF TULARE

In the Matter of: ) Case No. ) (Name of Child) ) Application for Order and Facts in Support ) Thereof a Minor. (DOB) ) (Welf. & Inst. Code, §§ 329 and 331) ) I, (Affiant), do hereby declare that: 1. (Information about the affiant, including relation, if any, to the child.) 2. The child resides (or is) in Tulare County. 3. The child is a person who comes within the provisions of Welfare and Institutions Code section 300 (state specific subsection). I request that a petition be filed under Welfare and Institutions Code section 325 on the child’s behalf (and, if appropriate, that the child be detained out of home pending disposition on said petition or other further order of the court). 4. I offer the following facts in support of this request: (State the specific factual allegations which bring the child within Welf. & Inst. Code, §300.) 5. I respectfully submit this request so that the child may be protected from a dangerous situation, and then receive services to provide for his/her well being. 6. I applied to Health and Human Services Agency, Child Welfare Services (CWS) pursuant to Welfare and Institutions Code section 329 on ________________. The social worker has (check appropriate sentence/s): ________(a) not filed a petition within three weeks of my application. ________(b) indicated to me that no petition will be filed by the agency without a court order. I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct, except as to those matters stated upon information and belief, and as to those matters, I believe them to be true. If called as a witness to testify, I could and would testify to the truth of the foregoing. Dated: Respectfully submitted, . (Signature of Attorney)

APPENDIX 4 (cont’d)

COURT ORDER

This matter came before me upon an ex parte application. Good cause having been shown, IT IS

HEREBY ORDERED that: ☐ The decision of Child Welfare Services not to file a petition is affirmed. ☐ Child Welfare Services must forthwith prepare and file a petition alleging that the subject minor is within the jurisdiction of the court pursuant to Welfare and Institutions Code section 300 (state applicable subsection).

Dated: Judge/Commissioner/Referee of the Superior Court

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APPENDIX 5 - NOTIFICATION OF ADDRESS – OMITTED (01/01/2020)

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APPENDIX 6 - ORDER APPOINTING REGIONAL CENTER

SUPERIOR COURT OF CALIFORNIA, COUNTY OF TULARE

( ) CONSERVATORSHIP ) Case No. ( ) GUARDIANSHIP ) OF THE ) ORDER APPOINTING REGIONAL ( ) PERSON ) CENTER TO EVALUATE PROPOSED ( ) ESTATE OF: ) WARD OR CONSERVATEE; ORDER ) APPOINTING PUBLIC DEFENDER; ) ORDER DIRECTING NOTICE AN ALLEGED DEVELOPMENTALLY ) DISABLED PERSON. ) ) A petition, being filed with this court alleging that the proposed ward or conservatee is a developmentally disabled person: NOW THEREFORE, IT IS ORDERED THAT REGIONAL CENTER PREPARE, SERVE, AND FILE A WRITTEN REPORT PURSUANT TO: ( ) Probate Code section 1827.5 (petition for appointment of limited conservator). ( ) Probate Code section 1461.4 (petition for appointment of guardian, conservator, or limited conservator where proposed guardian or conservator is not the parent of the ward or conservatee and is a provider of services to the ward or conservatee). ( ) Probate Code section 1955 (sterilization of developmentally disabled adult).

IT IS FURTHER ORDERED THAT: ( ) The public defender is ordered to represent the proposed limited conservatee pursuant to Probate Code section 1471(c). ( ) Counsel for petitioner provide such notice as required by Probate Code section 1822 and set the matter for hearing no earlier than 30 days from the date of this order. Dated:

JUDGE OF THE SUPERIOR COURT

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APPENDIX 7 - INCREASED BID IN OPEN COURT SUPERIOR COURT OF CALIFORNIA, COUNTY OF TULARE (Title of Case) ) No. ) ) INCREASED BID IN ) OPEN COURT ) ) The undersigned, representing (himself/herself/themselves) to be financially responsible, hereby bid(s) the sum of $ for the property of the above entitled estate, the confirmation of sale of which is pending this day before this court. This bid exceeds the amount stated in the return of sale by at least 10 percent of the first $10,000 of the original bid and by at least 5 percent on any balance. Submitted with this bid is for [cash/a certified check] [e.g., 10 percent] of the bid. The terms of sale must be as follows:

[Set forth terms as stated in return of sale.] [If space insufficient, attach terms as an Exhibit.]

Real estate agent procuring this bid: (Name) Title to be taken by (Name(s))

as [specify, e.g., separate property/joint tenants/husband and wife as their community property/tenants in common]. Dated: Signature Signature

[printed name of bidder]

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APPENDIX 8 - COUNSEL SERVICES AND FEES

DEFAULT ACTION ON NOTE OR CONTRACT Exclusive of costs, the following counsel fees will be awarded under normal circumstances in a default action on a promissory note or contract providing for the payment of counsel fees: 25% of the first $5,000 with a minimum fee of $250 10% of the amount over $5,000 In any default action when the attorneys’ fees requested exceed $7,500.00, a prove up hearing may be required to establish the reasonableness of the requested fees. (Revised July 1, 2018)

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APPENDIX 9 - REQUEST FOR EXTENSION OF TIME TO FILE IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF TULARE ) Case No. ) ) REQUEST FOR EXTENSION OF ) TIME TO FILE ) ) ( ) Proof of Service ) ( ) File Entry of Default ) ( ) File Default Judgment ) ( ) Other I certify that I am counsel for . I represent to the court that the date by which the above entitled document is to be filed pursuant to Local Rules of the Superior Court of Tulare County is _________________ . Request is hereby made to extend the time to: __________. The facts in support of this request are: I certify that the original complaint was filed on: . I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: __________ (Signature of Attorney) ORDER GOOD CAUSE APPEARING the request for extension of time is: ( ) Granted. Date for filing is extended to: __________ . ( ) Denied: ( ) Hearing. The matter is set for hearing: Date: Time: Dept.:

Dated: Judge of the Superior Court

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APPENDIX 10 - PETITION AND ORDER RE HEARING TO REVIEW CASE

ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.: FOR COURT USE ONLY

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF TULARE County Civic Center Main & Mooney Visalia, California 93291

In the Matter of: (Name of Child), a Minor. [D.O.B. _____________ ]

PETITION AND ORDER RE HEARING TO REVIEW CASE Case No.:

Petitioner is the Court Appointed Child Advocate with respect to the minor. Petitioner requests that the case be set for: Check one:

An ex parte review (minor and parents are not required to attend.)

A parte review (minor and parents are required to attend.)

Reason(s) for request:

Dated: Signature: ______________________________________________

Type / print name:

COURT ORDER

______ The petition is granted. The case is set for hearing on_______________________________________________ , Petitioner must give ten days notice of hearing date to: ________ County Counsel _______ Attorney for Parent(s) ________ District Attorney _______ Attorney for Child ________ Parent(s) or Guardian(s) _______ Probation Department ________ Child _______ Child Welfare Services ________ Other: __________________________________________

The petition is denied.

Additional Orders: Dated: _____________________________________________ Judicial Officer

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APPENDIX 11 - DECLARATION RE NOTICE OF EX PARTE APPLICATION

ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.: FOR COURT USE ONLY

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF TULARE County Civic Center Main & Mooney Visalia, California 93291

In the Matter of: (Name of Child), a Minor. [D.O.B. _____________ ]

DECLARATION RE NOTICE OF EX PARTE APPLICATION: Case No.: Juvenile Dept. No.:

I, the undersigned, declare: I am ☐ counsel ☐ social worker ☐ mother ☐ father ☐ minor ☐ Department of Family and Children’s Services or G other (explain) in this dependency action.

  1. Pursuant to Juvenile Court Local Rules of the Superior Court of Tulare County, I have given notice of, and a copy of this application for ex parte orders, to the following persons:

    Notice to the above named persons was given in the following manner:

    ☐ a. by telephone at ________________ (a.m.) (p.m.) _______________ , 20_____ ☐ b. by letter mailed or hand delivered to (insert name and address) ____________________________________________________________________
  2. I have received the following Response:

  1. I have not given notice of this application for ex parte orders for the following reason(s): ☐ a. would frustrate the purpose of the orders requested. ☐ b. minor child would suffer immediate and irreparable harm before the orders could issue. ☐ c. no significant burden or inconvenience to the responding party will result from the orders requested. ☐ d. I made reasonable, good faith efforts to give notice, as follows: _____________ ____________________________________________________________________ ☐ e. Other: __________________________________________________________ I declare under penalty of perjury under the laws of the State of California the foregoing

is true and correct, at _____________, California this day of _____________ 20 , at (a.m.) (p.m.). _____________________________________________ Signature of Declarant STANDING ORDERS OF THE TULARE COUNTY SUPERIOR COURT TO BE REAFFIRMED AND EFFECTIVE AS OF JULY 1, 2026

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Following are all Standing Orders adopted by the Tulare County Superior Court which have been reaffirmed by the court to be effective as of July 1, 2026. The text of each order is attached.

Rule Number Description

01-001 Security and Retrieval of the Court’s Files and
Records

01-002 Setting Motions in Unlawful Detainer Actions

05-003 Providing Information to the Court if a Juvenile is a
Client of the Central Valley Regional Center

05-004 Juvenile Court Proceedings Re: Placement Changes
in Welfare and Institutions Code Section 300 Cases

05-005 Release of Information to the Tulare County
Permanency Team

07-006 Access by the Tulare County Department of Child
Support Services to Confidential Court Files
Pursuant to Family Code Section 7643

08-007 Penal Code Section 987.9 Policy (Revised 07-01-
2018, 01-01-2022, 01-01-2023, 03-04-2024)

17-008 Authorizing Medical Treatment Prior to
Detention Hearing

TULARE COUNTY SUPERIOR COURT
STATE OF CALIFORNIA

In the matter of: ) SECURITY AND RETRIEVAL OF THE ) STANDING ORDER COURT’S FILES AND RECORDS ) ) NO. 01 - 001 )

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) ) ) ) ) ) )

Upon representation made to the satisfaction of the court that it is necessary to impose the

authority of the court in order to guarantee the security and maintenance of the court’s files and

records,

IT IS HEREBY ORDERED that effectively immediately, and until further order of this court,

that the files and records of this court shall be retrieved and signed out only by staff of the

Superior Court Clerk’s Office (Room 201) and the staff of the Superior Court Criminal/Calendar

Division (Room 124).

No other person shall be permitted to retrieve the court’s files or contents thereof.

Dated: June 28, 2001 ___________________________________ Honorable Darryl B. Ferguson Assistant Presiding Judge

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TULARE COUNTY SUPERIOR COURT STATE OF CALIFORNIA

In the matter of: ) SETTING MOTIONS IN UNLAWFUL ) STANDING ORDER DETAINER ACTIONS ) ) NO. 01 - 002 ) ) ) ) ) ) ) )

TO EFFECT THE SUMMARY INTENT OF THE UNLAWFUL DETAINER STATUTES,

THE COURT FINDS GOOD CAUSE TO SET THE HEARINGS ON ALL DEMURRERS,

MOTIONS TO STRIKE, AND OTHER PRE-TRIAL MOTIONS ON WHICH THERE IS NO

SPECIFIC STATUTE STATING OTHERWISE IN ACCORDANCE WITH CODE OF CIVIL

PROCEDURE SECTION 1167.4. THEREFORE, SUCH MOTIONS WILL BE HEARD NO

LESS THAN THREE DAYS OR MORE THAN SEVEN DAYS AFTER FILING THE

MOTION. (CRC 3.1320.) THIS STANDING ORDER IS APPLICABLE ONLY TO

UNLAWFUL DETAINER ACTIONS. (Revised 01-01-2020)

Date: __________________ ______________________________________________ Brett Alldredge, Presiding Judge of the Tulare County Superior Court

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TULARE COUNTY SUPERIOR COURT STATE OF CALIFORNIA In the matter of: ) PROVIDING INFORMATION TO THE ) STANDING ORDER COURT IF A JUVENILE IS A CLIENT ) OF THE CENTRAL VALLEY ) NO. 05 - 003 REGIONAL CENTER ) ) ) ) ) ) ) ) To: Tulare County Probation Tulare County Child Welfare Services Superior Court Administration and Staff Central Valley Regional Center Consistent with Welfare and Institutions Code Section 827(K), in all cases involving

minors who are the subject of court proceedings under either Sections 300 or 602 of the Welfare

and Institutions Code, Tulare County Child Welfare Services and the Tulare County Probation

Department shall determine and report to the Court at the earliest possible date in the court

proceedings whether the minor involved is a client of the Central Valley Regional Center, or

some other Regional Center in the State of California, or has been identified by any such

Regional Center as entitled to Regional Center Services. Such report shall also identify the

Regional Center Case Worker assigned to the minor’s case, if any. In any and all cases in which

minors are subject to dependency proceedings or wardship proceedings in Juvenile Court, the

Clerk of the Court shall serve and provide proof of service upon any identified Regional Center

and case worker of all minutes in the proceedings relating to the minor in order that the Regional

Center might appear in Court on behalf of the minor. The Tulare County Probation Department

and the Tulare County Department of Child Welfare Services shall, in any instance in which a

notice of hearing on a new petition is given to a minor, also serve and file proof of service upon

the Regional Center serving the minor and his Regional Center case worker, if known.

Dated:__________________________ ______________________________________

Juvenile Court Judge

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TULARE COUNTY SUPERIOR COURT STATE OF CALIFORNIA

In the matter of ) JUVENILE COURT PROCEEDINGS RE: ) STANDING ORDER PLACEMENT CHANGES IN WELFARE ) AND INSTITUTIONS CODE SECTION ) NO. 05 - 004 300 CASES. ) ) ) ) ) ) ) )

To: Tulare County Counsel Tulare County Superior Court, Juvenile Division, Dependency Counsel Tulare County Child Welfare Services Tulare County Superior Court Administration and Staff CASA of Tulare County Effective April 6, 2005, in all cases involving children who are the subject of court

proceedings under Section 300 of the Welfare and Institutions Code, Tulare County Child

Welfare Services shall place the child’s case on calendar when a child has a change of placement

as follows:

1. Within 24 hours of the child being placed in a “contract” bed or “23-hour” bed,

Child Welfare Services shall submit a report to the court, counsel, and CASA (where CASA has

been previously appointed) detailing the circumstances surrounding the child’s placement in a

contract bed, the child’s current mental health status, all services in place for the child, how the

child’s educational needs are being met, what efforts are being made to secure a more permanent

placement, the child’s placement history including reasons for any prior changes in placement,

placement anticipated at the time of discharge, and plans for services at time of discharge.

  1. Within 24 hours of a child being placed detained pursuant to section 5150 of the

Welfare and Institutions Code, Child Welfare Services shall submit a report to the Court,

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counsel, and CASA (where CASA has been previously appointed) detailing the Circumstances

surrounding the child’s detention pursuant to Section 5150 of the Welfare and Institutions Code,

all services in place prior to said detention, the child’s placement history, including reasons for

any prior changes in placement, placement anticipated at the time of discharge; and plans for

services at time of discharge.

  1. Not more than 30 days or less than 15 days prior to discharge where a child has

successfully completed a group home placement, Child Welfare Services shall submit a report to

the court, counsel, and CASA (where CASA has previously been appointed) detailing the child’s

anticipated placement, services in place for the child upon discharge, school credits accumulated

during the child’s group home placement and plans to continue to meet the child’s educational

needs. If the child has an IEP, the report shall include the date of the IEP with a copy of the IEP

attached.

  1. At least 5 days prior to a child being removed from a group home for any reason other

than successful completion of the program, or where a child is being moved from one group

home to another, unless it is an emergency situation in which case the child’s case shall be

placed on calendar within 24 hours of the move. Child Welfare Services shall submit a report to

the Court, counsel, and CASA (where CASA has been previously appointed) detailing the

reasons for the move, a history of prior placements and reasons for each move, the case plan

currently in place for the child, the services to be provided in the new placement, school credits

accumulated during the child’s group home placement and plans to continue to meet the child’s

educational needs. If the child has an IEP, the report shall include the date of the last IEP, with a

copy of the IEP attached.

April 6, 2005 __________________________________ William Silveira, Jr. Juvenile Court Judge

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TULARE COUNTY SUPERIOR COURT STATE OF CALIFORNIA

In the matter of: ) RELEASE OF INFORMATION TO THE ) STANDING ORDER TULARE COUNTY PERMANENCY ) TEAM ) NO. 05 - 005 ) ) ) ) ) ) ) )

To: Tulare County Counsel Tulare County Superior Court, Juvenile Division, Dependency Counsel Tulare County Child Welfare Services Tulare County Superior Court Administration and Staff Tulare County Community Services & Employment Training, Inc. CASA of Tulare County The purpose of the Tulare County Permanency Team is to assist youth transitioning, or

recently transitioned, out of foster care through both the dependency and delinquency system.

The team coordinates resources available to said youth, including but not limited to accessing

employment, education, housing and other services necessary to assist the youth in becoming a

successful, self-sufficient member of society. The members of the Permanency Team include

individuals representing the Tulare County Superior Court, CASA of Tulare County, Child

Welfare Services, Independent Living Program, and Prevention Services, all divisions of Tulare

County Health and Human Services, Tulare County office of Education, Tulare County

Community Services & Employment Training, Inc., and other public and private entitles whose

mission includes assisting youth transitioning out of foster care.

Notwithstanding any other provision of law, members of the Tulare County Permanency

Team may disclose and exchange information and writings to and with one another relating to

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any youth transitioning, or recently transitioned, out of foster care for the express purpose of

assisting said youth in obtaining employment, education, housing, and any other support services

available to enable the youth to become a successful, self-sufficient member of society. This

release of information includes the identifying information of the youth transitioning, or recently

transitioned, out of foster care and any other information otherwise designated as confidential

under the state law. Every member of the Permanency Team who receives such information or

writings shall be under the same privacy and confidentiality obligations and subject to the same

penalties for violating those obligations as the person disclosing or providing the information or

writings.

Date: 8/4/05 __________________________________ William Silveira, Jr. Judge of the Superior Court

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TULARE COUNTY SUPERIOR COURT STATE OF CALIFORNIA

In Re: ) ACCESS BY THE TULARE COUNTY ) STANDING ORDER DEPARTMENT OF CHILD SUPPORT ) SERVICES TO CONFIDENTIAL COURT ) NO. 07 - 006 FILES PURSUANT TO FAMILY CODE ) SECTION 7643 ) ) ) ) ) ) )

In a paternity proceeding, the files of which are confidential pursuant to Family Code

section 7643, where the Tulare County Department of Child Support Services has been directed by the court to prepare a recommendation for child support, the designated Family Law Child Support Officer from the Tulare County Department of Child Support Services may access and review such confidential files for the purpose of preparing the Department’s recommendation. IT IS SO ORDERED.

Date: 10-4-2007 __________________________________ The Honorable Lloyd Hicks Presiding Family Law Judge

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NO. 08 - 007 (revised as of 3/4/2024) TULARE COUNTY SUPERIOR COURT POLICY AND PROCEDURES ON REQUESTS FOR FUNDS AND PAYMENTS IN CAPITAL CASES UNDER PENAL CODE SECTION 987.9 AND IN ALL OTHER CRIMINAL CASES I. POLICY Penal Code section 987.9 provides for authorization of funds for payments to investigators, experts and others that are reasonably necessary for preparation of the defense of indigents in capital cases. Section 987.9 is only applicable to murder cases in which the death penalty is sought, even though the offense charged is statutorily punishable by death. However, prosecutions under Penal Code section 190.05(a) (second degree murder with prior prison term for murder) are covered by section 987.9. Additionally, as to all criminal cases (including those in which the death penalty is not sought) and juvenile cases an indigent defendant’s or minor’s (hereinafter referred to as defendant) right to counsel includes the right to use investigators, experts and others in the preparation of a defense pursuant to the federal Constitution’s guaranty of the right to counsel and its due process clause (U.S. Constitution, 6th and 14th Amendments). Review Judge: A judge assigned by the presiding judge of the Tulare County Superior Court will review all requests for funds submitted in death penalty cases under section 987.9. This judge shall be known as the “987.9 judge”. (See exhibit one attached hereto for the name of the current 987.9 judge.) The 987.9 judge will also review requests for funds for investigators and ancillary services in all criminal cases in which the death penalty is not sought. Requests in juvenile matters must be presented to the presiding judge of the Juvenile Court. However, the judge where the matter is currently pending, and not the 987.9 judge, has the responsibility to review all requests for funds and payments to experts in cases not seeking the death penalty pursuant to Evidence Code section 730 or other applicable code section. Confidentiality: All requests for funds submitted to the 987.9 judge, and orders issued in response, shall be confidential and maintained in a case file that is separate from the criminal case. The confidential file shall have an independent file number and be known as the “987.9 file”. If a defendant waives his or her privilege of confidentiality by providing information on the record to a judge in a criminal department concerning his or her 987.9 file, the 987.9 judge may release information to the judge in the criminal department regarding the status and contents of requests and orders contained in the defendant’s 987.9 file. Revocation of Orders: All orders authorizing funding for a pro-per defendant are immediately revoked and vacated upon termination of a defendant’s pro-per status or resolution of the criminal or juvenile case. The court will deny all requests for payment for work performed or services provided subsequent to the termination of a defendant’s pro-per status or resolution of the criminal case unless pre-approved by the court. The defendant shall immediately notify the 987.9 judge and judge in the pending criminal department if granted expert funding in a non death penalty case and all service providers of the termination of his or her pro-per status or resolution of the criminal case. Additionally, all service providers shall verify a case is active and, if the defendant was

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pro-per when authorization for funding was approved, that the defendant continues to be pro-per prior to performing work or providing a service. II. PROCEDURES A. Request for Funds Contents of Request: All initial requests for funds submitted by a defendant or defendant’s counsel to the court shall be in writing and contain:

  1. The name of the defendant, description of pending charges and criminal case number;
  2. A detailed description of the service requested and the need for the service; and
  3. A declaration signed under penalty of perjury by the defendant that lists the defendant’s assets and liabilities and shows that he or she is indigent. Defendants who are represented by counsel shall use the Mandatory Judicial Council Form CR-115 entitled Defendant’s Statement of Assets. All subsequent requests for funds shall state:
  4. the name of the defendant and the 987.9 file number instead of the criminal case number; and
  5. a detailed description of the service and need for service. Phone Cards: Requests for phone cards provided by the Tulare County Sheriff’s Office to pro- per defendants who are in custody shall also state the amount of money the defendant requests per week for legal telephone calls. Office Supplies: Requests for office supplies provided by the Tulare County Sheriff’s Office to pro-per defendants who are in custody shall also state the tier level of supplies the defendant requests as follows:
  6. Tier 1 for cases in which the death penalty is sought--supplies may be ordered up to the current limit set by the Sheriff’s Office once per week;
  7. Tier 2 for all other felony cases—supplies may be ordered up to the current limit bi-weekly; and
  8. Tier 3 for misdemeanor cases—supplies may be ordered once a month. Service Providers: Requests for funds for a service provider shall also state:
  9. the name, address, and qualifications of the provider;
  10. the proposed hourly rate to be paid for work performed; the rate shall not exceed $50.00 per hour.
  11. the number of hours anticipated for the work to be completed; and
  12. the total fee for the work requested. A request for funds for a private investigator shall also state the investigator’s professional license number and the investigator’s resume. Orders: All requests for funds shall contain an original separate proposed order allowing for the request plus one copy and a self-addressed stamped envelope. If the request is for a service provider, the proposed order shall state:
  13. the name and address of the provider appointed;
  14. the proposed hourly rate to be paid;
  15. the number of work hours authorized; and
  16. the total fee approved. If the request is for a phone card, the proposed order shall state the amount of money authorized per week for the phone card; if the request is for office supplies, the proposed order shall state the tier level of supplies authorized.

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If a request for funds is approved, the defendant or defendant’s counsel shall provide a copy of the order approving the request and a copy of this policy to the provider authorized to receive the funds. If the defendant or defendant’s counsel submits additional copies of the proposed order, the clerk of the 987.9 judge will mail conformed copies of the order to the defendant or defendant’s counsel Presentation of Request: All requests for funds, except for requests for expert funding in non death penalty cases, shall be presented directly to Court Administration/Executive Assistant for the 987.9 judge. (See exhibit one attached hereto for the location of the clerk of the current 987.9 judge.) The request shall not be filed or lodged with the criminal clerks in Room 124. Request for expert funding in non-death penalty cases shall be presented to the clerk of the judge in the pending criminal department. All requests to the 987.9 judge shall be contained in a sealed envelope marked confidential and addressed only to the 987.9 judge. Approval of Request: The court will only approve requests for funds that are shown to be reasonable and necessary. B. Request for Payment Allowable payments: All service providers, including the Tulare County Sheriff’s Office, shall only submit requests for payment for work performed or services provided that have been previously authorized in writing by the 987.9 judge. The court will deny requests for payment that have not been pre-approved. All service providers shall only submit one request for payment per month per case. The request shall only include work performed or services provided in the immediate prior month (i.e. a request submitted in May shall only include work performed or services provided in April). Late requests for work performed or services provided in any earlier month will be denied. Contents of Request: Requests for payment shall state the defendant’s name and the 987.9 file number instead of the criminal case number. Requests shall contain a detailed statement showing:

  1. the date of service;
  2. type of service;
  3. time spent;
  4. costs incurred;
  5. sub-total for each entry; and
  6. grand total of the amount requested The court will not approve requests for payment for normal overhead costs which include, but are not limited to, a portion of the provider’s office rent, telephone installation or monthly charges, or time spent preparing a request for payment. Each request for payment for work performed shall contain a declaration submitted by the provider that states: “I,__, declare under penalty of perjury, that the work for which payment is being requested was performed as submitted to the court in this request for payment.” If a defendant is represented by counsel, a request for payment shall contain a declaration submitted by the attorney that states: “I,, declare under penalty of perjury, that the work for which payment is being requested is within the scope of work I requested.”

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Receipts: Requests for payment of costs shall contain a copy of the receipt showing the cost was incurred. Costs for photocopies shall be paid at a reasonable rate but shall not exceed 10 cents per copy. Mileage: Mileage shall be paid at the rate of 54.5 cents unless otherwise stated in the order approving the request for funding. The court will not approve a request for payment for miles driven or travel time spent between an investigator’s/expert’s office located outside of Tulare County and the Tulare County border unless pre-approved. This means that an investigator/expert whose office is located outside of Tulare County will be paid mileage and travel time only from the Tulare County border for conducting any business in Tulare County. All providers who maintain an office outside of Tulare County and request funding for mileage or travel time shall submit a declaration with a request for payment that states: “I,________________, declare under penalty of perjury that no time or travel expense between Tulare County and my office which is located outside of Tulare County is included in this statement.” The court will not approve a request for payment for mileage and travel time outside of California unless it is pre-approved or authorized in the order granting a request for funding. Hotel Accommodations, Meals, and Air Faire: The court will not approve a request for payment of hotel accommodations, meals, or air faire unless it complies with State of California guidelines and is pre-approved or authorized in the order granting a request for funding. State of California guidelines presently provide for compensation of meals as follows: $13.00 for breakfast, $15.00 for lunch and $26.00 for dinner. Expert Witness Compensation: Experts shall be compensated at a reasonable rate not to exceed $200.00 per hour for review of court documents, consultation with attorney and/or client, laboratory work and preparation of testimony. The rate paid for courtroom testimony is $500.00 for ½ day and $800.00 for a full day. The rate paid for travel time is $75.00 per hour. Orders: All requests for payment shall contain an original separate proposed order allowing for the request plus one copy. The proposed order shall not state the name of the defendant or the criminal case file number. The proposed order shall state:

  1. the 987.9 file number;
  2. the name, address, and social security or tax identification number of the provider; and 3) the grand total of the amount requested. If a service provider submits additional copies of the proposed order and a self-addressed stamped envelope, Court Administration/Executive Assistant will mail a conformed copy(s) of the order to the provider. Presentation of Request: All requests for payment, except for requests for payment to experts in non death penalty cases, shall be presented directly to Court Administration/Executive Assistant for the 987.9 judge. (See exhibit one attached hereto for the location of the clerk of the 987.9 judge.) The request shall not be filed or lodged with the criminal clerks in Room 124. Requests for payment to experts in non death penalty cases shall be presented to the judge in the pending criminal department. All requests shall be contained in a sealed envelope marked confidential and addressed only to the 987.9 judge.

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Approval of Request: The court will only approve requests for payment that are shown to be reasonable and necessary. EXHIBIT ONE Name and Address of the 987.9 Judge: Judge David C. Mathias Tulare County Superior Court 221 S. Mooney Blvd. Visalia, CA 93291 Address of the Clerk of the 987.9 Judge: Executive Secretary, Court Administration Tulare County Superior Court Court Administration 221 S. Mooney Blvd., room 303 Visalia, CA 93291

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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF TULARE

JUVENILE DIVISION

STANDING ORDER AUTHORIZING STANDING ORDER MEDICAL TREATMENT PRIOR TO NO. 17 - 008 DETENTION HEARING – JUVENILE DEPENDENCY CASES

TO ALL TULARE COUNTY DEPENDENCY COUNSEL, TULARE COUNTY CHILD WELFARE SERVICES, TULARE COUNTY SUPERIOR COURT ADMINISTRATION AND STAFF, AND CASA OF TULARE COUNTY: The Court finds:

Children who have been taken into temporary custody by Child Welfare Services (CWS) may have

a need for medical treatment prior to the detention hearing as required by Welfare and Institution

Code, Section 319;

It is necessary for Child Welfare Services to adequately assess children upon taking custody to

determine if medical care is required;

In some cases there is no parent or guardian available or willing to consent to necessary medical

treatment; and

Based upon these findings, the Court hereby makes the following Standing Order:

  1. All children taken into temporary custody shall be assessed within 24 hours by a qualified

medical practitioner for the purpose of determining whether there are any urgent medical

needs;

  1. If any urgent medical needs are discovered, CWS shall immediately attempt to contact the

parents or guardian to inform them of the needs and to seek their consent for medical

treatment;

  1. If, after a reasonable attempt, the parents or guardian cannot be contacted, the court

authorizes CWS to consent to any necessary medical treatment that is of an urgent nature.

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Urgent treatment shall be defined as treatment that cannot wait until the court detention

hearing without causing the child undue pain and suffering or permanent medical disability.

  1. In those instances where CWS consents to medical treatment, CWS shall make a

reasonable attempt to contact the parents or guardian after the treatment to inform them of

the treatment.

Date: _______________ _____________________________ Juliet Boccone, Presiding Judge, Tulare County Juvenile Court

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SUBJECT MATTER INDEX

ADMINISTRATION OF THE COURT, 26 Amendment of Rules, 26 Appointment of Counsel, 30 Cellular Telephones and Other Electronic Devices, 28 Copying and Reproducing Official Court Records, 33 Court Order to Deposit Money with Clerk of Superior Court, 30 Court Reporters, 31 CourtCall Telephonic Appearance of Counsel, 29 Electronic Devices in Courtroom, 28 Electronic Filing, 33 Elimination of Bias, 33 Fax Filing, 31 Gang-Related Clothing and Personal Prop, 27 Hours of Operation; Coin Will Not Be Accepted For Payment, 26 Jurors, 30 Objectives and Availability of Local Rules, 26 Policy and Procedures on Requests for Funds and Payments in Capital Cases Under Penal Code Section 987.9 and in All Other Criminal Cases, 152 Reimbursement of Waived Fees, 31 Sanctions, 27 Smoking, Food, & Drinks, 29 Weapons and Oleoresin capsicum, 27 APPELLATE DIVISION, 40 Appeal Hearings, 40 Briefs on Appeal, 41 Decisions, 42 Notice of Appeal, 40 Oral Argument, 41 Orders Extending or Shortening Time, 41 Proof of Service, 41 Record on Appeal, 42 Statement on Appeal or Reporter’s Transcript, 40 Writs and/or Need for Ex Parte Hearing, 42 CEQA-California Environmental Quality Act, 56 CIVIL CASES (see Managing Civil Cases), 45 CIVIL LAW AND MOTION, 53 Adoption of Tentative Ruling System, 53 Affirmative Duty to Explore Annuity for Minor’s Compromise, 55 Attorney Fees on a Default Action on Note or Contract, 55 CEQA, 56 Counsel Services and Fees, 138 Courtesy Copy to Research Attorney, 54 Guardian Ad Litem Appointments and Compromise of Minors’ Claims, 54 Judicial Notice Request, 54

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Once Tentative Ruling Has Issued, Party Cannot Take a Matter Off Calendar, 54 Preemption, 53 Request for Extension of Time to File, 139 Scheduling Civil Ex Parte Hearings, 54 COURT ADMINISTRATION (see Administration of the Court), 26 COURT ORGANIZATION (see Organization of the Court), 35 CRIMINAL TRIALS AND PRETRIAL MATTERS, 58 Application for Modification of Sentence or Probation Terms, 59 Attorney’s Appearance, Representation, and Withdrawal, 61 Continuances of Criminal Matters, 60 Copy of Pleadings to be Delivered to Trial Judge, 58 Criminal Law and Motion, 58 Criminal Trials, 60 Domestic Violence Coordination Rules, 61 Electronic Filing of Accusatory Pleadings, 62 Ex Parte Hearing for Order Shortening Time, 59 Extended Hearing, 60 Order Appointing Regional Center, 136 Placing of Matters on Calendar, 58 Presentation, Filing, and Motion Requirements, 59 Pretrial Conferences in Felony Cases, Proposed Jury Instructions, and, 59 Pretrial Motions, 59 Setting for Trial and Pretrial Motions in Felony Cases, 58 FAMILY LAW MATTERS Appointment of Elisor, 78 Child Support and the Tulare County Department of Child Support Services, 68 Complaints Regarding Minor’s Counsel, 78 Continuances, 64 Court’s Dismissal Pursuant to Delay Reduction Guidelines, 73 Custody Evaluations, 71 Custody Orders and Agreements, 71 Domestic Violence Coordination Rules, 77 Early Disposition Conferences, 74 Electronic Submission of Petitions for Domestic Violence Restraining Orders, 80 Emergency Short Notice Hearings, 66 Entry of Default, 73 Failure to Appear/Tardiness, 67 Family and Juvenile Court Management of Child Abuse Cases, 75 Family Centered Case Resolution, 64 Hearings Estimated to Take More Than 20 Minutes, 64 Income and Expense Declaration, 67 Mandatory Child Custody Recommending Counseling, 69 Matters Off Calendar, 64 Parties Not Represented, 74 Preparation of Order After Hearing, 67 Presentation of Documents, 63

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Procedures for Entry of Judgment and Common Child Support Orders, 74 Processing and Maintaining Reports and Declarations from Supervised Visitation Providers, 79 Remote Appearances at Family Law Hearings, Including Petitions for Domestic Violence Restraining Orders, 80 Self Help Resource Center/Family Law Facilitator, 77 Service of Case Information Sheet, 66 Settlement Conference Statement, 72 Subject Matter of the Family Law Division, 63 Venue, 79 GUARDIANSHIP MATTERS (see Probate and Guardianship Matters), 83 JUDICIAL ASSIGNMENTS, 38 Court Calendar, 38 Setting the Calendar for Hearings and Trials, 38 JUVENILE COURT, 111 Access to the Courtroom by Non-parties, 118 Application re Order and Facts, 133 Appointment for Children, 123 Appointment of Child Advocates (CASA), 114 Authorization for Use of Psychotropic Drugs, 115 Certificate of Competency, 132 Confidentiality of Juvenile Court Records, 118 Declaration re Notice of Ex Parte Application, 141 Dependency - Designation of Permanent Mailing Address, 120 Discovery, 116 Documenting Notice of Hearings, 113 Domestic Violence Coordination Rules, 127 Ex Parte Orders in Dependency Cases, 113 Ex Parte Restraining Orders - Juvenile Dependency, 120 Exchange of Information among CWS, Service Providers, and Schools in Juvenile - Dependency Cases, 127 Family and Juvenile Court Management of Child Abuse Cases, 123 Filing of Documents, 112 Inspection and Disclosure of Juvenile Court Records, 120 Juvenile Court Commissioners and Referees, 111 Juvenile Dependency, Juvenile Delinquency, Family, and Probate Courts Exchange of Information, 125 Media Requests for Observing, Interviewing, Photographing, Videotaping, or Voice Recording, 119 Medical, Surgical, Dental Care, 116 Modifications of Orders, 120 Motion Requirements, 112 Motion to Challenge Legal Sufficiency of Petition, 120 Petition and Order re Hearing to Review Case, 140 Presentation of Evidence - Dependency Cases Only, 120 Presiding Judge and Hearing Officers, 111

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Representation of Parties Relating to Dependency, 121 MANAGING CIVIL CASES, 45 Arbitration, 48 Bankruptcy, 51 Case Designation, 47 Case Management Conference, 45 Continuances; Taking a Matter Off Calendar, 50 Policy, 46 Pretrial Motions - In Limine and Evidentiary Hearings, 50 Reduction of Unnecessary Paperwork and Appearances, 47 Service of Complaint, 47 Settlement Conference, 49 Settlement Conference Checklist, 130 Trial Readiness, 51 Uninsured Motorist Cases, 51 ORGANIZATION OF COURT, 35 Attorneys Volunteering to Sit as Judge Pro Tem, 36 Departments of the Court, 35 Grand Jury Selection, 36 Presiding Judge, 35 Superior Court Commissioners and Referees, 36 Superior Court Executive Officer/Jury Commissioner, 36 PRESENTATION, FILING, AND SERVICE OF COURT PAPERS, 43 Entry of Court Orders in Minutes, 43 Filing of Form with Writing on Each Side, 44 Guardian ad Litem Forms, 43 Presentation of Documents and Service of Orders, 43 Self-Addressed Stamped Envelope for Conformed Copies, 44 Statements of Decision, Orders, Judgments, and Decrees, 43 Submission of Written Orders, 43 PRESENTATION, FILING, AND SERVICE OF COURT PAPERS:, 131 PROBATE AND GUARDIANSHIP MATTERS, 83 Access to Records, 103 Accountings and Final Distributions, 87 Accountings for Conservatorships and Guardianships, 92 Adoption Proceedings, 110 Applications for Writ Seeking Release or Modification of Custody, 98 Appointment of Counsel/Prosecuting Agency, 96 Appointment of Hearing Officers, 96 Attorney Duties, 102 Bonds, 107 Burden, 98, 102 Calendar and Procedural Matters, 83 Calendaring Hearings, 97, 102 Calendars (LPS), 96 Care Plans, 90

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Certification Review Hearing Finding Contested by Writ of Habeas Corpus, 101 Change of Venue, 95 Claims of Personal Representative and Attorneys of Record, 109 Compensation of Fiduciaries and Attorneys, 104 Compliance with Welfare and Institutions Code, 99 Confidentiality, 103 Conflict of Interest, 92 Conservatorships, 90, 91, 92 Contested Matters, 85 Continuance of Hearings, 103 Date of Hearings (LPS), 97 Definitions, 95 Determination, 103 Determination of Capacity, 103 Documents, 101 Ex Parte Matters, 86 Ex Parte Motions for Temporary Conservatorships, 90 Family Allowance, 88 Filing Petitions, Schedule for certification review Hearings, Original Riese, 97 Final Distribution in Conservatorships and Guardianships, 92 Hearing Procedures, 84 Increased Bid in Open Court, 137 Independent Exercise of Powers, 90 Individualized Treatment Plan, 93 Interpreter Services, 102 Lanterman-Petris-Short Act (LPS) Conservatorships, 93 Limited Conservatorships, 93 LPS Calendared Hearings, 96 Orders, 95 Out of State Conservators, 90 Patient Presence, 103 Patient Representation, 102 Petition, 101 Probate Referee Procedures, 87 Procedures, 99 Procedures for Temporary and General Guardianships, 89 Procedures for Temporary and General Probate Conservatorships, 89 Providing Information, 90 Riese Medication Capacity Appeals, 104 Sales of Real Property, 108 Sanctions, 91 Scope and Purpose, 101 Services Subject to Compensation, 95 Surety Bonds, 91 Surroundings of Hearing, 102 Termination, 91

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Treating Physician/Facility Counsel, 102 Venue, 95 Writ of Habeas Corpus and Riese Medication Capacity Writ/Appearance, 98 PROCEEDINGS FOR COMMITMENT OF PERSONS WITH DEVELOPMENTAL DISABILITIES, 128 Commitment of Persons with Developmental Disabilities, 128 Hearing Requirements, 129

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