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local criminal rule 3

CRIMINAL RULE 3: APPEARANCES

A. APPEARANCE OF COUNSEL

(1) Counsel must appear at all hearings, unless other counsels appear for them or prior arrangements are made with the Court.

(2) Counsel shall advise the Court of any conflicting appearance in the court of another county prior to requesting or agreeing to any hearing date. Furthermore, counsel shall not request or agree to any hearing date in another county that conflicts with a hearing date previously set by the Court.

(Eff. 7/26/00)

B. ATTORNEY OF RECORD

In compliance with California Penal Code § 987.1, all counsel who represented a defendant at the preliminary examination or at the time the defendant was otherwise held to answer shall appear and represent the defendant at the time of arraignment on the Information. Any request to be relieved as attorney of record should be made at this first appearance.

(Eff. 7/26/00)

C. APPEARANCE OF DEFENDANT

(1) Consistent with California Penal Code § 977, in felony cases, the defendant must be present each time his/her matter is called in court, including when matters are submitted, unless a written waiver is on file. Absent a written waiver of appearance, failure of the defendant to appear will result in the issuance of a bench warrant. A written waiver of appearance shall not relieve a defendant from appearing at the Arraignment, Preliminary Examination, at the time of Plea, Master Trial Calendar (MTC), motions under Penal Code § 1050, and Sentencing.

(Eff. 1/01/11)

(2) In misdemeanor cases, defendants may appear in person or by counsel. However, a defendant must be present in court if specifically ordered by the Court as allowed by Penal Code § 977 or required by statute. In misdemeanor domestic violence cases as defined by Penal Code § 977(a)(2), the defendant shall be present for arraignment and sentencing, and at any time during the proceedings when ordered by the Court for the purpose of being informed of the conditions of a protective order issued pursuant to § 136.2

(Eff. 1/01/11)

D. REQUESTS FOR INTERPRETERS

Prosecution and defense requests for interpreters for trial, preliminary hearings, motions, or any other appearances, must be made in open court at the time these matters are set.



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

 

© 2014 Superior Court of California, County of Santa Clara