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local criminal rule 4

CRIMINAL RULE 4: HALL OF JUSTICE COURTHOUSE

A. FELONY MASTER TRIAL CALENDAR

The Felony Master Trial Calendar shall be called at 8:30 a.m. on Monday each week or as designated by the Supervising Judge - Criminal and shall consist of non-family violence felony matters set for trial. If Monday is a court holiday, this calendar shall be called on Tuesday.

No probation violation, sentencing, misdemeanor, or pre- information/indictment felony matters shall be set on the Master Trial Calendar without authorization of the Supervising Judge – Criminal.

      (1)   Readiness Conference

      Except for cases assigned to one judge for all purposes, a Readiness Conference for cases on the Master Trial Calendar shall be conducted at 8:45 a.m. on the court day immediately preceding the Master Trial Calendar or as designated by the Supervising Judge - Criminal. The Readiness Conference shall be held in the chambers of the Supervising Judge – Criminal or at another location designated by the Supervising Judge - Criminal. A representative of the District Attorney, Public Defender, Alternate Defender, and Independent Defender are required to be present. Trial counsel is required to notify the Court of trial readiness at the Readiness Conference as follows:

      a. The representatives of the law offices mentioned above shall notify the Supervising Judge – Criminal of the status of the attorneys and cases of their offices. Trial counsel shall communicate    detailed information regarding status to their representatives in advance of the conference.

      b. Privately  retained  counsel  shall  provide  the  Criminal Calendar Secretary detailed information regarding their trial readiness by telephone or email no later than 3:30 p.m. on the court day preceding the Readiness Conference.

      (2)  Motions to Continue

      All motions to continue matters on the Master Trial Calendar shall be heard by the Supervising Judge – Criminal on the After- Arraignment Calendar or otherwise at the discretion of the Supervising Judge – Criminal. Motions to continue brought in a trial department shall immediately be sent back to the Supervising Judge – Criminal for hearing.


B. FELONY ARRAIGNMENT ON INFORMATION / INDICTMENT CALENDAR

The Felony Arraignment on Information/Indictment Calendar shall be called on Monday at 1:30 p.m. and shall consist of non-family violence felony matters. If Monday is a court holiday, this calendar shall be called on Tuesday.

No probation violation, sentencing, misdemeanor, or pre- information/indictment felony matters shall be set on the Arraignment on Information/Indictment Calendar without authorization of the Supervising Judge – Criminal.

      (1)   Attorney of Record

      Pursuant to Penal Code § 987.1, counsel who represented a defendant at the preliminary examination or at the time the defendant was otherwise held to answer shall appear with the defendant at the time of arraignment on the information. Any request to be relieved as attorney of record should be made at this appearance. An attorney seeking to be relieved shall bring with him or her all previously received discovery material, or otherwise be prepared to deliver such material forthwith to new counsel, or to the court, upon the substitution of counsel.

      (2)   Entry of Plea

      A plea of not guilty must be entered if a defendant represented by counsel fails to plead or demur.

      (3)   Setting of Dates

      The following dates shall be set after a plea of not guilty, including a plea of not guilty by reason of insanity, unless good cause is found pursuant to Penal Code § 1049.5:

      a.      Trial, giving priority to any case entitled to priority under law;

      b.     Filing and service of motions and responses and hearing thereon.

      c.  In cases where a good cause finding has been made under Penal Code § 1049.5, the court may consider setting the matter on the Trial Status Conference Calendar. The purpose of the trial status conference calendar is for the court to insure that matters proceed in a manner mindful of the Pace of Litigation (Standards of Judicial Administration 2.1,
      2.2(j)). This calendar will be heard in Department 24 every Wednesday at 1:35 p.m. or at such other time as designated by the Supervising Judge - Criminal.

      (4) Pace of Litigation (Standards of Judicial Administration 2.1,
      2.2(j))

      In requesting and setting court dates, the parties and the court shall be mindful of the felony case processing time goals set forth in the Standards for Judicial Administration.

C.  FELONY  “AFTER  ARRAIGNMENT”  CALENDAR  AND  TRIAL  STATUS  CONFERENCE CALENDAR

      (1) Felony After Arraignment Calendar

      The Felony After-Arraignment Calendar shall be called at 1:30 p.m. on Wednesday or at such other time as designated by the Supervising Judge - Criminal and shall consist of non-family violence felony matters, including post-indictment/preliminary hearing bail motions.

      No probation violation, sentencing, misdemeanor, or pre- information/indictment felony matters shall be set on the After- Arraignment Calendar without authorization of the Supervising Judge – Criminal.

      (a) Time for Filing

      The filing deadline to place matters on the Felony After- Arraignment Calendar is noon on the Thursday immediately before the calendar is called, except for motions pursuant to Penal Code § 1050. If Thursday is a court holiday, the deadline for placing matters on the Felony After Arraignment Calendar is on the Wednesday immediately before the calendar is called.


      (b)  Motions to Continue Master Trial Calendar Cases

      i.   Unless good cause is shown, motions to continue matters on the Master Trial Calendar shall be heard on the After Arraignment Calendar before the pending trial date.

      ii.   Unless good cause is shown, the deadline for placing Penal Code § 1050 motions on the After-Arraignment calendar     is  noon  on  the  court  day  immediately preceding     the  calling  of  that  After-Arraignment Calendar.

      (2)  Trial Status Conference Calendar

      (a)   The parties may request that a matter be placed on the Trial Status Calendar in lieu of being set for trial. The parties shall be prepared to articulate good cause to not set a trial date under Penal Code § 1049.5.

      (b)   Counsel shall meet and confer prior to each Trial Status Conference date and discuss, at a minimum, proposed trial date(s),   whether  resolution  discussions  would  be beneficial,   a  plan  to  fully  exchange  discovery  and whether there are any outstanding motions which need to be   filed  and  heard.  Counsel  shall  be  prepared  to meaningfully discuss these issues at each Trial Status Conference  date and shall be mindful of the Pace of Litigation (Standards of Judicial Administration 2.1, 2.2(j))

D. FELONY CASE MANAGEMENT DEPARTMENTS

The Felony Case Management judges and departments shall be responsible for  non-family  violence  felony  matters  from  arraignment  on  the complaint through sentencing pursuant to Penal Code § 859a(a) or a holding order pursuant to § 872(a) and any other related matters at the discretion of the court to promote global disposition and efficiency.

      (1) Pleas, Preliminary Examination Setting and Motions

      a. Pre-Hearing Communication Between Counsel (Meet & Confer)


      i.    Prior to each court appearance in the Case Management Department, counsel for the parties shall meet and confer to discuss the exchange of discovery, proposals for early resolution of the case and issues in dispute, and any good cause for delay of entry of plea and/or setting a preliminary examination.

      ii.  Counsel shall utilize the period between hearings to communicate with their client(s), alleged victims, and witnesses regarding ongoing investigations and offer(s) for  disposition.  Counsel  must  be  prepared  at  each hearing  to  discuss  any  matter  relating  to  the disposition of the case, including but not limited to preliminary examination readiness, estimated length of a preliminary examination or other hearing, identity of anticipated     witnesses  and  the  substance  of  their testimony, special problems, and whether a disposition without preliminary examination or trial is feasible.

      b. Motions

      i. General

      All motions made prior to the filing of an information will be heard by the Felony Case Management judge assigned to the case, including motions to set or reduce bail or for pretrial release, motions related to pre-preliminary examination discovery, and amendment and consolidation of complaints.

      ii. Motions to Amend the Complaint

      A complaint may not be amended to add a defendant who has not previously been charged in the case.

      iii. Motions and Responses shall comply with Rule 9. (2) Preliminary Examinations

      a. Preliminary Examinations Calendars

      In the Felony Case Management Departments preliminary examinations will be set at 8:30 a.m. unless set otherwise by the Felony Case Management judge.


      b. Readiness Notice

      Each party in cases set for preliminary examination must inform the Felony Case Management department at least forty- eight hours prior to the time set for the examination whether the party will be ready to proceed, whether a continuance pursuant to Penal Code Section 1050 will be sought and whether an objection will be made, and whether an interpreter is needed.

      Each party must also provide an updated and accurate time estimate for the determination of the presence or absence of probable cause to hold the defendant(s) to answer. Each Felony Case Management department may designate how it wishes to receive such notice. If no such designation is made, notice shall be provided by electronic mail to the courtroom clerk.

      c. Motions at Preliminary Examination

      Any motions to be brought at the preliminary examination shall comply with Rule 9.

      d. Scope of Examination

      The court and the parties shall be mindful of the mandates of Penal   Code   section   866   in   conducting   preliminary examinations. Any issues related to the scope of the hearing should be brought to the attention of the court prior to the commencement of the preliminary examination.

E. FELONY LAW AND MOTION CALENDAR- POST INDICTMENT/INFORMATION

(1) General


Post Indictment/Information motions in non-family violence felony cases shall be heard by the judge assigned to the Criminal Law and Motion department, except as follows:

      a. Motions to quash or traverse a search warrant shall be heard before the judge who signed the warrant, if available (Penal Code § 1538.5(a)(2)(b)). If that judge is not available, the motion shall be set in accordance with these rules.


      b. If an All Purpose Judge has been assigned by the Supervising Judge – Criminal for a particular matter, then all motions associated with that case shall be litigated in front of the all purpose judge assigned.

      c. If the time estimate for hearing a motion is in excess of two hours or cannot be heard on a regular Law and Motion calendar, the motion may be set on the Master Trial Calendar as a long cause matter.

      d. Any motion to be filed containing a requested hearing date on or after the Master Trial Calendar date must have the approval initials  of  the  Supervising  Judge  –Criminal  or  his/her designee.

      (2) Notice of Motion and Response

      a. All Motions and Responses shall comply with Rule 9.

      b. Except for motions brought pursuant to Penal Code § 995, if the motion is to be submitted in whole or in part on the transcript of the preliminary examination, or the transcript of     any prior proceeding, the Notice of Motion and/or the Response must so state.

       

      c. In any motion brought pursuant to California Penal Code §
      1538.5(i) that is presented de novo, notice of this fact must also  be  set  out  on  the  first  page  of  the  moving  and responding papers.

       

      d. In any motion brought pursuant to California Penal Code §
      1538.5(i) where additional live testimony is anticipated, notice of this fact must be set out on the first page of the moving or responding papers.

      e. Failure to comply with any portion of this Rule shall be sufficient cause for the court to refuse to consider any transcript of a prior proceeding, to allow the calling of additional witnesses or to allow a de novo hearing.

      (3) Motions to Continue Hearing

      a. Except  in  unusual  or  exigent  circumstances,  any  party intending to request a continuance or not to proceed in any matter     set for hearing shall promptly inform all other counsel          and THEN inform the court assigned to hear the motion. This notification must be at least two court days preceding the hearing. It is counsel’s responsibility in felony cases to place the case on the After-Arraignment Calendar if continuing the motion will require re-setting the trial date. The provisions of Penal Code §1050 shall be followed.

       

      b.  The  court  shall  have  complete  discretion  concerning continuances, including  the  authority  to   deny   any continuance and to rule in the absence of counsel, or to order  the  matter  off  calendar,   notwithstanding  any stipulation of counsel.

F. FAMILY VIOLENCE COURT

The Family Violence Court will hear felony and misdemeanor family violence matters from arraignment through disposition and sentencing, and will hold hearings as necessary to monitor treatment progress and probation compliance.

      (1) Pre-Hearing Communication Between Counsel (Meet & Confer)

      a.   Prior to each court appearance, counsel for the parties shall meet  and  confer  to  discuss  the  exchange  of  discovery, proposals for early resolution of the matter and issues in dispute, and any good cause for delay of entry of plea, setting or conducting a preliminary examination, trial or other hearing.

      b.  Counsel  shall  utilize  the  period  between  hearings  to communicate     with  their  client(s),  alleged  victims,  and witnesses regarding ongoing investigations and offer(s) for disposition. Counsel must be prepared at each hearing to discuss any matter relating to the disposition of the case, including but not limited to readiness, estimated length of a trial or other hearing, identity of anticipated witnesses and the     substance of their testimony, special problems, and whether  a disposition without preliminary examination or trial is feasible.


      (2) Pleas/Preliminary Examination Setting

      a. All defendants are expected to enter a plea upon the earliest opportunity after retention or appointment of counsel. Any request to delay entry of plea must be approved by the court. Unless good cause is shown to delay the entry of plea on or after arraignment, the court will enter a plea of not guilty pursuant to Penal Code § 1024.

      (3) Preliminary Examinations

      a. Readiness Notice

      Each party in cases set for preliminary examination must inform the court at least forty-eight hours prior to the time set for the examination whether the party will  be  ready  to  proceed,  whether  a  continuance pursuant to Penal Code Section 1050 will be sought and whether an objection will be made, and whether an interpreter is needed.

       

      Each party must also provide an updated and accurate time estimate for the determination of the presence or absence of probable cause to hold the defendant(s) to answer. Each Family Violence department may designate how it wishes to receive such notice. If no such designation is made, notice shall be provided by electronic mail to the courtroom clerk.

      b. Motions at Preliminary Examination

      Any  motions  to  be  brought  at  the  preliminary examination shall comply with Rule 9.

      c. Scope of Examination

      The court and the parties shall be mindful of the mandates of Penal Code section 866 in conducting preliminary examinations. Any issues related to the scope  of  the  hearing  should  be  brought  to  the attention of the court prior to the commencement of the preliminary examination.


      (4) Motions

      a. General

      All motions will be heard by the judge assigned to the case, including motions to set or reduce bail or for pretrial release, motions related to discovery, and amendment and consolidation of complaints.

      b. Motions to Amend the Complaint

      All motions to amend the Complaint must be noticed ten (10) calendar days before the scheduled hearing and filed with the Clerk’s office. All opposition papers must be filed no later than five (5) calendar days prior to the hearing and filed with the Clerk’s office.

      A complaint may not be amended to add a defendant who has not previously been charged in the case.

      c. Motions and Responses shall comply with Rule 9.

      (5) Protective Orders

      The issuance of protective orders in family violence cases shall be in accordance with Rule 17.

G. MISDEMEANOR DIVISION

The Misdemeanor Division will hear non-family violence misdemeanor matters from arraignment through disposition and sentencing.

      (1)  Pretrial Calendars

      All cases shall have a mandatory and meaningful pretrial conference before being set for jury trial.

    All discovery and all pretrial motions must be completed before the matter is set for trial.

      (2)  Trials

      Readiness Conference

      When a case is set for trial, the court will also set a readiness conference the Thursday before the trial date. The readiness conference will be set at 1:35 p.m. in the pretrial department. All counsel must be present at the readiness conference. In order to facilitate resolution, unless waived by the court, the defendant must be present at the readiness conference unless defense counsel has the proper and necessary authorization from his or her client to settle the case.

      (3) Motions

      a.  Location of Filing

      i.   All pretrial motions shall be heard in the pretrial department to which the case is assigned.

      ii. Post-trial motions, motions for new trial and other matters related to contested cases shall be set and heard in the department of the trial judge. The time and date of the hearing shall be set only by the judge of such department. In the event that the original   trial judge is unavailable, such matters will be assigned for hearing by the Supervising Judge-Criminal.

      iii. Sentence Modification

      For all requests for modification of sentence, notice must be sent to the District Attorney’s Office as well as the Adult Probation Department (in cases in which   formal  probation  was  granted)  before  such request will be considered or calendared for hearing. Proof of such notice must be attached to the original request filed with the court. Failure to do so will result in the request being treated as an improper ex parte   communication and the request will not be considered by the court until proper notice is given.


      b.  Last Day to File Motions

      Unless the court selects another date at arraignment, the last day to file motions is 90 calendar days after the date of arraignment.

      c. All Motions and Responses shall comply with Rule 9.

      d. Motions to Continue

      i. Any party seeking a continuance or intending not to proceed in any matter set for hearing shall promptly inform all other counsel and thereafter inform the court.


      ii. The court shall have complete discretion pursuant to Penal Code § 1050 to grant or deny any continuance, to rule in the absence of counsel, or to order the matter

(Effective 1/1/2019)



Criminal Rules of Court: Summary - 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8
9 - 10 - 11 - 12 - 13 - 14 - 15 - 16 - 17 - 18 - 19 - 20 - 21 - 22
List of attached Criminal local forms

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