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local criminal rule 1

CRIMINAL RULE 1: GENERAL

A. SUPERVISING JUDGE – CRIMINAL

The Criminal Division of the Superior Court shall be supervised by a judge appointed by the Presiding Judge and designated as the Supervising Judge – Criminal.

B. CALENDAR CALL
(Eff. 1/01/11)

Except in Direct Calendar Departments, the Supervising Judge – Criminal or designee shall call the Felony Master Trial Calendar, Felony Arraignment Calendar, Felony After-Arraignment Calendar and any other calendar he/she designates. These calendars shall be called in Department 24 at the Hall of Justice located at 190 West Hedding Street, San Jose, California. No probation violation matters, trailing sentencing matters, trailing misdemeanor cases, felonies still in limited jurisdiction or pretrial conference matters shall be set on the Master Trial Calendar, Arraignment Calendar or After Arraignment Calendar.

At the arraignment on the information or indictment regardless of location or calendar type, the following dates must be set after a plea of not guilty, including a plea of not guilty by reason of insanity, unless otherwise ordered for good cause:

(1) Trial, giving priority to a case entitled to it under law, and

(2) Filing and service of motions and responses and hearing thereon.

At the arraignment on the information or indictment regardless of location or calendar type, plea of not guilty must be entered if a defendant represented by counsel fails to plead or demur; and an attorney may not appear specially.

(Eff. 1/01/11)

C. MASTER TRIAL CALENDAR MOTIONS

Motions to restore, motions to advance, uncontested motions to consolidate and other motions pertaining to the Felony Master Trial Calendar shall be set and heard in the department of the Supervising Judge – Criminal.

 

(Eff. 7/01/13)

D. MOTIONS TO CONSOLIDATE

Contested motions to consolidate shall be heard in the appropriate Law and Motion Department.

For all criminal cases, whether felony or misdemeanor, and regardless of Court location, all requests for funds for the payment of investigators, experts, and others for the preparation or presentation of the defense shall be heard by the Supervising Judge - Criminal or his/her designee other than the trial judge presiding over the case in question. The application for funds shall be by affidavit and shall specify that the funds are reasonably necessary for the preparation or presentation of the defense. The fact that an application has been made shall be confidential, and the contents of the application shall be confidential.

(Eff. 1/01/11)

E. CALENDAR SCHEDULE

(1) HALL OF JUSTICE COURTHOUSE

The Felony Master Trial Calendar shall be called at 8:30 a.m. on Monday. The Felony Arraignment Calendar shall be called on Monday at 1:30 p.m. If Monday is a holiday, these two calendars shall be called on Tuesday at the above times. The Felony After-Arraignment Calendar shall be called at 1:30 p.m. on Wednesday. The 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 section 1050 which are governed by Rule 2.

(2) OTHER COURTHOUSES

Specific calendars for other courthouses will be as specified in the “Santa Clara County Superior Court Protocol” on file in the Clerk’s Office of each courthouse and available in each courtroom within these courthouses.

(Eff. 1/01/06)

(3) DRUG COURT CALENDARS

a. The presiding judge shall assign to the Criminal Division of the Superior Court a sufficient number of judges to serve at a designated courthouse to process all felony drug cases. Judges at this courthouse shall conduct all felony arraignments, pre-trial proceedings, settlement conferences, pleas and sentencing proceedings as well as the assignment of dates for preliminary examinations.

(Eff. 1/01/06)

b. The establishment of the drug court calendars is based upon the following statements:

(1) The Court receives a substantial number of narcotic cases each year that are recognized as a distinct subject within the Criminal Division. (2) The establishment of the drug court calendars recognizes the need to incorporate substance abuse treatment programs where appropriate with criminal case processing in a timely and efficient manner.

(Eff. 7/26/00)

(3) The drug treatment court as approved in September of 1995 by the judges of the former Municipal and Superior Courts of Santa Clara County is recognized as a component of the drug court calendars.

c. Schedules for the drug court calendars will be specified in the Santa Clara County Superior Court Protocol on file in the Clerk’s Office. d. Criteria for the assignment of cases to the drug court calendars, including the drug treatment court, shall be specified in the Santa Clara County Superior Court Protocol on file in the Clerk’s Office.

(Eff. 7/26/00)

(4) DOMESTIC VIOLENCE CALENDARS

The presiding judge shall assign to the Criminal Division of the Superior Court a sufficient number of judges to preside over felony and misdemeanor domestic violence cases in the Domestic Violence Court. The Domestic Violence Court will hear felony and misdemeanor domestic violence cases from arraignment through disposition and sentencing, and will hold hearings to monitor treatment progress and probation compliance.

(Eff. 1/01/08)

F. READINESS CONFERENCE

Except for those cases assigned to one judge for all purposes, a Readiness Conference for felony cases on the Master Trial Calendar shall be conducted at 9:00 a.m. on the judicial day immediately preceding the day the Master Trial Calendar is called. The Readiness Conference shall be held in the chambers of the Supervising Judge – Criminal. A representative of the District Attorney’s Office, Public Defender’s Office, Alternative Defender’s Office, and Independent Defenders Office is required to be present. Counsel is required to notify the Court of their trial readiness status at the Readiness Conference. This notification shall be made as follows:

(Eff. 1/01/11)

(1) Representative of the various law offices mentioned above shall notify the Supervising Judge - Criminal of the status of those attorneys in their office. Trial Counsel is therefore expected to communicate their status to those representatives in advance of the Conference.

(Eff. 1/01/11)

(2) All counsel shall notify the Criminal Calendar Secretary of their trial readiness status no later than 3:30 p.m. on the day before the Readiness Conference.

(Eff. 1/01/11)

G. MISDEMEANORS – TRIALS AND PRETRIALS

(1) All cases, whether in-custody or out-of-custody, shall be set for a mandatory pretrial conference before being set on a jury trial calendar. (2) The presence of counsel on all sides shall be mandatory at the pretrial conference. (3) All discovery and all pretrial motions shall be completed before the matter is set for trial.

(Eff. 7/01/02)

H. COURTHOUSES

Adult criminal matters are filed and heard in the courthouses indicated below. Any case may be assigned to another courthouse for discussion, hearing and/or trial at the discretion of the Supervising - Criminal and/or Presiding Judge. If a Court employee or deputy sheriff working at a facility, or a member of his or her family, is a party to a case, the clerk or Supervising Judge of the Criminal Division shall transfer the case to another facility, unless a statute specifies the location for the initial appearance and the party has not yet attended that initial appearance.

(Eff. 1/01/11)

(1) HALL OF JUSTICE COURTHOUSE

All misdemeanor, felony, and Municipal Code matters arising within Campbell, Los Gatos, Milpitas, Monte Sereno, San Jose, Santa Clara, and Saratoga and adjacent unincorporated areas are filed and heard in this courthouse, except drug offenses that are heard in the Terraine Courthouse.

(Eff. 1/01/06)

(2) TERRAINE COURTHOUSE

No criminal matters are filed in this Courthouse. All felony and misdemeanor drug offenses that would otherwise be heard in the Hall of Justice are heard in this Courthouse, except misdemeanor arraignments and trials.

(Eff. 7/1/12)

(3) SOUTH COUNTY COURTHOUSE

All misdemeanor, felony, and Municipal Code matters and traffic infractions arising in Gilroy, Morgan Hill, and San Martin and adjacent unincorporated areas are filed and heard in this courthouse.

(Eff. 1/01/06)

 

(4) PALO ALTO COURTHOUSE

All misdemeanor, felony, and Municipal Code matters and traffic infractions arising within Cupertino, Los Altos, Los Altos Hills, Mountain View, Sunnyvale and Palo Alto and adjacent unincorporated areas are filed in this courthouse.

(Eff. 7/01/12)

(5) SANTA CLARA COURTHOUSE

All traffic infractions arising within Campbell, Los Gatos, Milpitas, Monte Sereno, San Jose, Santa Clara, and Saratoga are heard in this courthouse.

(Eff. 1/01/09)



Criminal Rules of Court: Summary - 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12
List of attached Criminal local forms

 

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