SUPERIOR COURT OF CALIFORNIA
SUPERIOR COURT OF CALIFORNIACOUNTY OF KINGSLocal Rules(Effective July 1, 2020)Michelle S. MartinezClerk of the Court(559) 582-1010, Ext. 6002
SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF KINGSTABLE OF CONTENTS (Amended 1/1/19)Chapter 1: General and Administrative RulesChapter 2: Administration of Civil CasesChapter 3: Civil Law and MotionChapter 4: Miscellaneous Civil RulesChapter 5: Criminal RulesPart 1 - Rules Applicable to All Criminal ProceedingsPart 2 - Rules Applicable to Felony Cases and Misdemeanor Cases Joined orConsolidated with a Felony for TrialPart 3 - Rules Applicable to Misdemeanor CasesPart 4 - Rules Applicable to InfractionsPart 5 – Rules Applicable to Petitions for Writ of Habeas CorpusChapter 6: Juvenile Court RulesChapter 7: Family Court RulesPart 1 - General RulesPart 2 - Child Support and the Kings County Department of Child SupportServicesLocal Forms Index by NumberLocal Forms Index by NameSubject Matter IndexList of Effective DatesTable of Contents
SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF KINGSCHAPTER 1: GENERAL AND ADMINISTRATIVE RULESRULE 100 - Citation of RulesThese rules shall be known and cited as the “Kings County Local Rules of Court.”(Eff. 1/1/99)RULE 101 - Construction, Scope and Effect of RulesThese rules shall govern all proceedings in The Superior Court of the State of California,County of Kings. These rules are designed to promote the efficient conduct of judicialbusiness in The Kings County Superior Court and facilitate the administration of justice.The rules are supplementary to, and shall be construed and applied so as to be compatiblewith, California statutes, the California Rules of Court or other rules adopted by the JudicialCouncil of California. When a specific rule or code section referred to in these rules isamended or renumbered, the successor rule or code section shall apply.(Eff. 1/1/99; as amended, eff. 7/1/08)RULE 102 - DefinitionsThe definitions set forth in the California Rules of Court and other rules adopted by theJudicial Council shall apply with equal force and for all purposes to these rules unless thecontext or subject matter herein otherwise requires.Alternative Dispute Resolution: "Alternative Dispute Resolution" or "ADR" means aprocess, other than formal litigation, in which a neutral person or persons resolve a disputeor assist parties in resolving their dispute. Examples include mediation, arbitration, neutralevaluation, and mini-trial.CASA: The term “CASA” shall refer to any court appointed special advocate programestablished in Kings County in accord with the requirements of California Rules of Court,rule 5.665.Clerk: The word "Clerk" means the Clerk of the Court and any deputy clerks.Complex Litigation: The words “Complex Litigation” mean cases that meet the definitionof "complex case" found in Rule 3.400 of the California Rules of Court.Court: The word "Court" means The Superior Court of the State of California, County ofKings and includes and applies to any duly appointed or elected judge, to any dulyappointed commissioner or referee, to any judge or retired judge who has been assignedby the Chairperson of the Judicial Council to serve, and is serving, as a judge of the Court,General and Administrative RulesPage 1
SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF KINGSand to any attorney who is a member of the State Bar of California designated by thePresiding Judge or any other judge as a temporary judge, while the attorney is serving as ajudge.Court's Website: The Court's website is http://www.kings.courts.ca.govCPS: The acronym “CPS” means the Child Protective Services Division of the KingsCounty Human Services Agency.Day or Days: The word “Day” or “Days,” unless otherwise specified, shall mean calendarday or days.Department: The word “Department” means either a numbered courtroom or anadministrative unit of a division.Ex-Parte: The term “Ex-Parte” means from or on one side only, with the other side absentor unrepresented.General Civil Case: The words “General Civil Case” mean a limited or unlimited civil case,except probate, guardianship, conservatorship, family law, juvenile proceeding, other civilpetition, complex litigation, unlawful detainer, and small claims cases.Judgment: The word "Judgment" includes and applies to any judgment and to any otherorder or decree from which an appeal lies.Judicial Council Rules: The words "Judicial Council Rules" mean any rules heretofore orhereafter adopted by the Judicial Council of the State of California for Superior Courts.Judicial Officer: The words “Judicial Officer” mean any duly appointed or elected judge ofthe Court, any duly appointed commissioner or referee, any judge or retired judge assignedby the Chairperson of the Judicial Council to serve as a judge of the Court, and anyattorney designated to serve as a temporary judge, while so serving.Limited Civil Cases: The words “Limited Civil Cases,” mean limited civil cases as definedin Code of Civil Procedure Section 86.Meet and Confer: The words “Meet and Confer” mean a telephone conference betweenopposing parties or, whenever reasonably possible, a face-to-face meeting. A meet andconfer obligation is not satisfied by an exchange of letters.Paper: The word "Paper" includes all pleadings, notices and other documents.Party: Unless otherwise indicated, “Party” means the party litigant, but if the litigant isrepresented by an attorney, then “party” means the attorney.General and Administrative RulesPage 2
SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF KINGSPerson: The word "Person" shall include and apply to corporations, partnerships,proprietorships, associations and all other entities, as well as natural persons.Plaintiff: The word "Plaintiff" means a plaintiff or petitioner; it also means crosscomplainant in those cases where the plaintiff is no longer an active party.Presiding Judge: The words “Presiding Judge” mean the elected Presiding Judge of theCourt, or the Presiding Judge’s designee.Short Cause Case: The words “Short Cause Case” mean any case in which the timeestimated for trial by all parties is five (5) hours or less.Subordinate Judicial Officer – The term “Subordinate Judicial Officer” refers to courtcommissioners, referees, and hearing officers.Unlimited Civil Case: The words “Unlimited Civil Case” mean a civil action or proceedingother than a limited civil case.(Eff. 1/1/99; as amended, eff. 7/1/11)RULE 103 - Failure to Comply with RulesThe failure of any person to comply with these rules, unless good cause is shown, or thefailure of any person to participate in good faith in any hearing or conference required bythese rules, is an unlawful interference with the proceedings of the Court. The Court mayorder the person at fault to pay the opposing party’s reasonable expenses and counselfees, to reimburse or make payment to the county, may order an appropriate change in thecalendar status of the case, and impose any other sanctions authorized by law, includingdismissal of a pending action. To the extent permitted by law, sanctions may be imposedupon a party, the party’s attorney, or both, as the Court deems appropriate under thecircumstances.(Eff. 1/1/99; as amended, eff. 7/1/08)RULE 104 - Court Attire, Conduct, Gang-Related Clothing and Personal PropertyA. No person shall appear in Court barefoot, shirtless, wearing a tank top, wearingsunglasses or dress in any manner reflecting poorly upon the dignity of the Court and itsdecorum. The bailiffs of the Court are to remove any person violating this rule. This ruledoes not limit any judge from additionally prescribing appropriate attire or conduct rules inthe Courtroom.General and Administrative RulesPage 3
SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF KINGSNo person shall wear gang-affiliated clothing or possess gang-affiliated personal propertywhile inside the courthouse. This includes gang insignias, monikers, color patterns,bandannas, hats, jewelry, clothing, belts or any item deemed gang-affiliated by CourtSecurity Personnel or law enforcement. Any person identified by Court Security personnelor law enforcement as wearing or possessing any item in violation of this rule will not bepermitted inside the courthouse. Violation of this rule is punishable as contempt pursuantto Penal Code section 166, as well as additional remedies and/or penalties allowed by law.B. For reasons of safety and security, all persons appearing before the Court are asked tokeep their hands in plain sight.C. All persons entering the Court, Family Services Division or Jury Services area, will besubject to a search. No weapons are allowed within any Court facility, except those legallypossessed by judicial officers. Peace officers who are engaged in the duties of theiremployment while at a Court facility will be allowed to possess employer approved firearmsand other weapons in a manner consistent with their employment duties, requirements andlimitations.(Eff. 1/1/99; as amended, eff. 7/1/08; amended eff. 7/1/19.)RULE 105 - Appearance and Conduct of CounselAn attorney who appears for another attorney is representing the party before the Court. Asprovided by the California Rules of Professional Conduct such attorney is required to do socompetently, and is expected to be prepared to perform any duties required by the Court,to have authority to make appropriate dispositions or calendar settings, and tocommunicate any orders the Court may issue to the attorney of record.An attorney shall not accept representation of a client if the attorney does not havesufficient time to adequately prepare before the next scheduled Court appearance, andshall comply with all applicable case disposition standards unless otherwise ordered by theCourt.(Eff. 1/1/99)RULE 106 – Payment of Fees and FinesA personal check, bank cashier’s check or draft, money order or traveler’s check offered inpayment of any fee, fine or bail deposit may be accepted by the clerk as follows:A.Personal checks must be drawn on a banking institution located in the UnitedStates.General and Administrative RulesPage 4
SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF KINGSB.Cashier’s checks or money orders may be drawn on any issuing institution located inthe United States.C.The amount must be the exact amount of the fee, fine or bail. Change will not begiven. The date on the check must not be over one month previous to the datepresented; post-dated checks will not be accepted.D.The original payee must be the Clerk of the Kings County Superior Court or itspractical equivalent.E.Two-party checks are not acceptable.F.The numeric figures must agree with the amount written in words. The amount mustbe in designated in US currency.G.Any check or money order, which appears irregular on its face, may be refused.H.Personal checks from persons known to have previously tendered dishonoredchecks may be refused.I.Checks returned to the Court are subject to applicable fees.J.Coinage of more than 50.00 shall be counted and rolled.(Eff. 1/1/99; as amended, eff. 7/1/08)RULE 107 - Custody of Court FilesA. No papers, exhibits, or evidence on file with the Clerk in any civil or criminal case shallbe taken from the Clerk’s Office, except by order of the court or in response to asubpoena duces tecum.B. Except as otherwise required by law or order of the court, original documents filed withthe court after November 4, 2014 will be destroyed following their entry into the court’selectronic case management system. The electronic record created by the court’selectronic maintenance of pleadings and other documents, along with any documentsand/or exhibits conventionally maintained by the court, shall constitute the official recordof the court for all purposes.(Eff. 1/1/99; amended 7/1/15)General and Administrative RulesPage 5
SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF KINGSRULE 108 – Exhibits/Dangerous EvidenceA.Evidence admitted in any case before any Court will be only those items required inthe case and will be retained by the Court for the minimum time required by law,unless good cause is shown to retain the evidence. No exhibit will be received byany Court if the exhibit poses a security storage, safety or health problem. Aphotographic record shall be substituted for said exhibit.B.Exhibits which will not be received include, but are not limited to:1.Any type of explosive power;2.Explosive chemicals, toluene, ethane;3.Explosive devices, such as grenades or pipe bombs;4.Flammable liquids such as gasoline, kerosene, lighter fluid, paint thinner,ethyl-ether;5.Canisters containing tear gas, mace;6.Rags which have been soaked with flammable liquids;7.Liquid drugs such as phencyclidine (PCP), methamphetamine, corrosiveliquids; pyrrolodine, morpholine or piperidine;8.Samples of blood, urine, human or animal tissue or other items requiringrefrigeration and/or humidity-controlled storage; and9.Any controlled substance that requires special destruction under the State ofCalifornia as being a hazardous material, which would include any cocaine,methamphetamine or heroin; or any other controlled substance currentlybeing accepted.All such substances will be returned to the district attorney’s office or theagency that confiscated the controlled substance and who has presented it asevidence in Court in a criminal action or proceeding. It shall be returned bystipulation of Counsel as provided in Penal Code Section 1417.2.C.Unless specifically ordered by the Court, all exhibits marked, identified and/oradmitted into evidence in a civil case must be retrieved by the offering party at theconclusion of trial. The party introducing the exhibits is responsible for maintainingand preserving the exhibit pending any post-verdict proceedings and appeals, untilthere is a final disposition of the action or proceeding. All exhibit tags and otherGeneral and Administrative RulesPage 6
SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF KINGSidentifying markings or information concerning each exhibit must remain in placeand not be disturbed.Each exhibit must remain intact and in the same condition as during trial. In theevent further proceedings or any Court having jurisdiction of the matter require thepresence of any exhibit, the party introducing the exhibit must promptly deliver theexhibit to the Court, with notice to all parties.(Eff. 1/1/99 as Rule 109; as amended and renumbered, eff. 7/1/08)RULE 109 – Sound Recording Evidence/Transcripts to be Offered as ExhibitsPrior to the commencement of any trial or hearing, a typed transcription of any soundrecording which counsel expects to offer into evidence as an exhibit shall be prepared atthe direction and expense of the proponent of the evidence and shall be certified by thepreparer as containing a true transcription of such recorded statement. The proponent ofsuch recording shall prepare a sufficient number of copies of such transcript for each of thefollowing persons to have a copy: each juror and alternate juror, the judge, each opposingparty, each opposing counsel, the court clerk, and the court reporter.(Eff. 1/1/99 as Rule 110; as amended and renumbered, eff. 7/1/08)RULE 110 - Judicial NoticeA. In addition to complying with the requirements set forth in Rule 3.1306, subdivision (c)of the Rules of Court, any party requesting that judicial notice be taken of documents in afile in a case in The Kings County Superior Court other than the case in which the motion isbrought, shall at the time of the filing of the motion notify the Clerk of the request and of thename and Court number of the file containing the documents requested to be noticed.B. Family law matters scheduled to be heard in Department 4 of the Kings CountySuperior Court are governed by Local Rule 730.(Eff. 1/1/99; as amended, eff. 1/1/7.)RULE 111 – Time for FilingA. The failure to include sufficient fees, required case-identification information, adequatenumber of copies and/or supporting documentation with any filing, may result in the court’sgood cause delay of the filing of the document(s) to the next court day or the date on whichthe missing information, copies and/or fees are received.B. Conformed copies of a filing will not be returned via mail to any individual failing toprovide a return envelope with adequate postage thereon.General and Administrative RulesPage 7
SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF KINGSC. Only those documents filed with the court or deposited in the court’s drop box before4:00 p.m. on any court day, will be deemed to have been filed on that day. Any documentreceived by the court after 4:00 p.m., will be filed on the next court day. Documentsreceived by the court after 3:00 p.m. will be processed consistent with LocalRule 124.(Eff. 7/1/08; as amended and renumbered, eff. 1/1/13; amended 7/1/15)RULE 112 - Facsimile Machine (Fax) FilingThe Kings County Superior Court does not accept direct facsimile filing of documents.(Eff. 1/1/08; as amended, eff. 7/1/08; amended eff. 7/1/19.)RULE 113 - Filing Exhibits to Documents with the CourtA. All documents filed with the court are entered by staff into its electronic casemanagement system. In order to facilitate the easy cross-referencing of exhibits, allpleadings, motions, declarations and other documents filed with the court mustindividually designate and separate each exhibit through the use of a single 8 1/2” by 11”page with the exhibit designation set forth thereon in type not smaller than 12 points.For example: EXHIBIT 1B. All pleadings, motions, declarations and other documents filed with the court whichinclude attached exhibits must be numbered sequentially beginning on page 1 of themotion, declaration or pleading, and continuing in order until the last page of the lastexhibit attached thereto. Exhibit designation pages shall be included in the sequentialnumbering.C. Exhibit stamps should not be used to create the exhibit designation. Exhibitdesignators must be typewritten or handwritten, as stamps are not able to be searched byoptical character recognition (OCR).D. Due to the fact that they cannot be easily scanned into the court’s electronic casemanagement system, exhibit tabs should not be used to separate exhibits frompleadings, motions, declarations or other documents.E. All pleadings, motions, declarations and other documents filed with the court whichinclude more than one attached exhibit must include an index which sets forth adescription of the exhibit, its exhibit designation, and its page number. For example:General and Administrative RulesPage 8
SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF KINGSDescriptionLocationContractExhibit 1 to Declaration by John DoeExhibit 2 to Declaration by John Doe25Page23 StatementThe index should be located immediately before the first exhibit designation page andincluded in the sequential numbering provided for in paragraph (B).(Eff. 7/1/15)RULE 114 – Stipulation or Objection to Superior Court Commissioner(s)A. General civil, probate, ex-parte orders and writs, bonds and undertakings,arraignments, bench warrants, conservatorships, juvenile, civil petitions, unlawful detainer,traffic and/or small claims matters are routinely assigned to a Superior CourtCommissioner. As to those matters where the Commissioner will be acting as a temporaryjudge, the parties must stipulate to the assignment. Any failure to object to the assignmentof a Commissioner acting as a temporary judge prior to the beginning of the proceeding isdeemed a stipulation to the assignment until final determination of the cause. Once givenin writing, implied by conduct or orally stated on the record, a stipulation can only bewithdrawn as set forth in California Rules of Court, rule 2.816(e).B. If a party objects to having a proceeding heard by a Commissioner acting as atemporary judge, the matter will be re-assigned and continued to the next availablecalendar date. In order to avoid the undue consumption of judicial resources and
with, California statutes, the California Rules of Court or other rules adopted by the Judicial Council of California. When a specific rule or code section referred to in these rules is amended or renumbered, the successor rule or code section shall apply. (Eff. 1/1/99; as amended, eff. 7/1/08) RULE 102 - Definitions
Fresno Superior Court June 2016 Page iv . STATISTICS . The Superior Court of California, County of Fresno (Court) has 49 judges and subordinate judicial officers who handled more than 171,025 cases in FY 2013–2014. The Court operates five courthouses and an archives facility located in Fresno. The Court employed approximately
Judge Larry Zervos Alaska Superior Court, Sitka Rural Access Subcommittee Judge Dale Curda, co-chair Alaska Superior Court, Bethel Judge Roy Madsen (retired), co-chair Alaska Superior Court, Kodiak Louise Brady Sitka Tribe of Alaska, Sitka James Jackson Alaska Court Magistrate, Galena Judge Michael Jeffery Alaska Superior Court, Barrow
California Court Reporters Assn v. Judicial Council CALPERS . Candiotti (restraint) Cassady v. Signorelli Catherine D. v. Dennis B. Chakko Chalcko Chantal S. . Superior Court Lucio M MacLean v. San Francisco Martin v. Superior Court McArthur v. Superior Court McBride v. Alpha Realty Corp. McDonald v. Superior Court McGinley v. Herman McTiernan
Superior Court of California County of Imperial “NOTICE OF UNCLAIMED MONIES” I, Maria Rhinehart, Court Executive Officer, Superior Court of California, County of
Southern California and the Bay Area, Sacramento County is very affordable. THE COURT SYSTEM. The Sacramento Superior Court is a consolidated court with all legal functions, operations, and administration governed by the Presiding Judge and Court Executive Officer. The Sacramento Superior Court has 66 authorizedJudges and 9.5
The audit of the Superior Court of California, County of San Joaquin (Court) was initiated by IAS in September 2009. Depending on the size of the court, the audit process typically involves . Court management’s attention. Specifically, the Court needs to improve and refine certain
Superior Court of California, County of San Bernardino Court Locations and Phone Numbers (rev. 8/20/20:kcl) 2 of 6 Juvenile Court Delinquency Court 900 East Gilbert Street, San Bernardino, CA 92415-0942 Delinquency Information . (909) 269-8840 Department Floor Telephone J1 1 (909) 269-8854
IN THE SUPREME COURT OF THE STATE OF CALIFORNIA PEOPLE OF THE STATE OF CALIFORNIA, )) Supreme Court Plaintiff and Respondent, ) Crim. S040703) v. ) Los Angeles County) Superior Court No. JAMES ROBINSON, JR., ) PA007095) Defendant and Appellant. ) _ APPEAL FROM THE JUDGMENT OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF .
