ADA
Translate this page:
View Disclaimer
local criminal rule 9

CRIMINAL RULE 9: PLEADINGS AND FILING OF DOCUMENTS

A.   FORMAT OF DOCUMENTS SUBMITTED FOR FILING

B.   LOCATION OF FILING

C.    SERVICE OF COPIES

D. LAST DAY TO FILE

E. REQUESTS FOR ORDERS SHORTENING TIME

F. TIME ESTIMATE

G. REQUEST FOR ORAL TESTIMONY

H. UNLESS OTHERWISE ORDERED BY THE COURT

I. MOTIONS TO SURPRESS EVIDENCE

J. EX PARTE MATTERS

K. SUBPOENAS DUCES TECUM

L. COMPLIANCE WITH STATUTES AND RULES OF COURT

M. MOTIONS TO JOIN

N. SEARCH WARRANTS

O. MOTIONS FOR REINSTATEMENT

P. POST-TRIAL MOTIONS


A.   FORMAT OF DOCUMENTS SUBMITTED FOR FILING

(1) Documents that exceed 20 pages shall be submitted held by binder clips or two prong fasteners.

(2) All papers and documents presented for filing shall not exceed 1 ½” in thickness, unless approved by the Judge in whose Court the criminal matter is to be heard.

(3) Exhibit attachments to pleadings shall be separated by a standard size sheet of paper with a title identifying the sequence of the exhibit.

(4) No tabs shall be included in any documents submitted for filing.

(5) Memoranda of points and authorities shall not exceed 15 pages, unless an order signed by the assigned judge or the supervising judge accompanies the motion when filed.

B.   LOCATION OF FILING

(1) The party filing any motion must file the original in the Criminal Court Clerk’s office in which the case is to be heard.

(2) The party must provide a single courtesy copy for the judge/research attorney/law clerk assigned to hear the matter.

(3)  A drop box is available outside of the clerk’s office to receive filings in all matters. The drop box will be checked one time per court day at 4:00 p.m. All pleadings placed in the drop box will be filed and deemed received at 4:00 p.m. the day they are retrieved from the drop
box. Filings that need to be received prior to 4:00 p.m. should be done in person at the clerk’s office to insure that any filing deadline is met.

C.    SERVICE OF COPIES

(1) A copy of all moving and responding papers must be served upon opposing counsel, co-counsel and counsel for all co- defendants the same day that the originals are filed, unless previously served.

(2) Service upon the District Attorney and Public Defender can be accomplished by depositing the documents in those offices’ mail boxes located in the Criminal Court Clerk’s office at the Hall of Justice, subject to the approval of the clerk’s office.

D. LAST DAY TO FILE

Any request to file a motion beyond a previously declared last day to file must be accompanied by an affidavit stating good cause for the motion to be filed past the deadline.

E. REQUESTS FOR ORDERS SHORTENING TIME

(1) All requests for Orders Shortening Time shall be signed only by the judge hearing the motion or his/her designee. The declaration in support of the request for an Order Shortening Time must set forth good cause and must state the facts concerning notice to, and the position of, opposing counsel, co-counsel, and counsel for co-defendants.

(2) Notice of intent to request an ex parte Order Shortening Time must be given to all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.

F. TIME ESTIMATE

All  moving,  responding  and  joining  papers  must  set  out  an accurate time estimate on the first page.

G. REQUEST FOR ORAL TESTIMONY

In all matters, oral testimony shall not be permitted unless the court orders otherwise, except properly noticed de novo hearings brought pursuant to Penal Code § 1538.5. The court shall have complete discretion as to the necessity for, nature and extent of oral argument. Notice of intent to call witnesses must be specifically set out on the first page of the moving and/or responding papers.

H. UNLESS OTHERWISE ORDERED BY THE COURT

(1)  All  motions  and  applications,  together  with  supporting papers, documents and Points and Authorities, must be filed with the Criminal Court clerk in the appropriate courthouse no later than 15 calendar days prior to the date set for hearing. This requirement applies except where inconsistent with a state rule of court or statute. (See e.g. CCP § 1005 requiring 16 court days for a Pitchess/EC § 1043 motion.)

(2) Unless waived by the court, or unless the party who would respond  to the motion plans on conceding it, a written opposition, together with supporting papers, documents, and Points and Authorities must be filed.

(3)  All written responses, together with supporting papers, documents and Points and Authorities, must be filed with the Criminal Court clerk no later than five court days prior to the date set for hearing.  The reply must be filed two court days prior to the date set for the hearing.

(4) Failure of the moving or responding party to comply herewith shall be sufficient grounds for the court to refuse to consider the matters contained in such moving or responding papers.

I. MOTIONS TO SURPRESS EVIDENCE

The notice of a motion brought pursuant to California Penal Code § 1538.5 shall describe with particularity the evidence which is the subject of the motion to suppress and shall be served with a Memorandum of Points and Authorities.

J. EX PARTE MATTERS

(1) Except as otherwise provided by law, for any application involving ex parte relief, including a request for an Order Shortening Time, advance notice must be given to opposing counsel,  co-counsel  and  counsel  for  co-defendants.  The presence of the moving party shall be required in any such matter.


(2) Notice of intent to request an ex parte Order Shortening Time must be given to all parties no later than 10:00 a.m. the   court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.

K. SUBPOENAS DUCES TECUM

All subpoenas duces tecum in criminal cases must comply with Penal Code § 1326 and Evidence Code § 1560, and when applicable CCP § 1985.3, and shall be returnable to the court. In the event materials which are the subject of a subpoena are received by a party, an attorney, or an attorney’s agent or investigator directly from the subpoenaed party, the person receiving such materials shall immediately lodge such materials with the clerk of the court. The materials shall not be opened, reviewed or copied by the recipient without a prior court order.

L. COMPLIANCE WITH STATUTES AND RULES OF COURT

(1) All papers filed in law and motion matters, and all proceedings thereunder, shall be in accordance with the applicable statutes, California Rules of Court and these Criminal Court Rules.

(2) A mere citing of code sections which authorize the filing of a motion is not in compliance with the California Rules of Court or these Rules. Except as otherwise authorized by statute or Rule of Court, application for any relief, or any opposition    to  relief  sought,  shall  be  supported  by  a Memorandum of Points and Authorities.

a.  All  case  citations  must  include  the  official  report volume, page number, and year of decision.

b. In any matter where a party is relying on out-of-state or federal authority, a copy of the entire authority must be provided.

c. A Memorandum of Points and Authorities shall contain a concise statement of facts, a concise statement of the law,   evidence  and  arguments  relied  upon,  and  a discussion of the statutes, cases and textbooks cited in support of the position advanced. When a party intends to rely  on  a  transcript,  the  page  number  of  the transcript must be cited.

M. MOTIONS TO JOIN

Any party seeking to join in any motion shall set out the relevant facts and law as it relates to that joining party in particular.

N. SEARCH WARRANTS

When a defendant is seeking to quash or traverse a search warrant, a copy of the search warrant affidavit must be provided and attached to the moving papers.

O. MOTIONS FOR REINSTATEMENT

When moving to reinstate a complaint, the prosecuting attorney must provide a copy of the preliminary examination transcript.

P. POST-TRIAL MOTIONS

(1) Post-trial motions, motions for new trial and other matters related to contested cases shall be set and heard in the department where the judge who heard the matter is currently sitting. The time and date of the hearing shall be set only by the judge of such department.

(2) In the event that the original trial judge is retired or no longer available, matters will be assigned out for hearing by the Supervising Judge – Criminal.
(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

 

© 2019 Superior Court of California, County of Santa Clara