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local criminal rule 4

CRIMINAL RULE 4: HALL OF JUSTICE COURTHOUSE

A. FELONY MASTER TRIAL CALENDAR

The Master Trial Calendar is called on Monday each week or as designated by the Supervising Judge – Criminal and consists of felony and misdemeanor matters set for trial. If Monday is a court holiday, this calendar shall be called on Tuesday. No probation violation, sentencing, misdemeanor pre-trial conference, or pre- information/indictment felony matters will 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 will be conducted on the court day immediately preceding the Master Trial Calendar or as designated by the Supervising Judge – Criminal. Privately retained counsel and a representative of the District Attorney, Public Defender, Alternate Defender, and Independent Defender are required to be present. For each case set on the Master Trial Calendar for the following Monday, trial counsel must notify the court of trial readiness at the Readiness Conference, including matters of attorney availability, compliance with Penal Code section 1054 and sections (A)(3) and (A)(4) of this rule (below), exhaustion of settlement negotiations between trial counsel, and preparedness to argue motions in limine and conduct jury selection without delay upon assignment to a trial department.

      (2)  Motions to Continue

      All motions to continue matters set on the Master Trial Calendar are heard by the Supervising Judge – Criminal at or before the Readiness Conference.

      (3) Trial Assignments, Trial Briefs, Motions in Limine, and Settlement Discussions

      (a) Trial Assignments: It is the court’s goal that less time be spent negotiating and discussing cases in the trial departments and that more time be spent with those resources conducting trial proceedings. It is also the court’s goal to utilize all trial departments for trials as available. Cases will be assigned to trial departments for trial, not for protracted settlement discussions. The trial judge will have all in limine motions and witness lists available in the court file and will have the ability to review them immediately upon assignment of a case to that department.

      The court will attempt to balance the seriousness of charges, custodial status, Penal Code section 1048 considerations, the age of case, and any other relevant factors in prioritizing and making assignments to trial departments. Input from the parties is welcome and helpful at the weekly Readiness Conference. When parties have particular readiness issues (illness, witness unavailability, attorney engaged in another trial or otherwise unavailable, etc.) the court will note these issues on the record and consider them when trailing cases on standby for trial.

      The parties must give trial matters extremely high, if not the highest, priority. The court will look to assign cases at the earliest possible time of day or day of the week when trial department resources are available. Attorneys should not expect the court to accommodate an attorney’s schedule for lower priority court matters or non-court conflicts.

      (b) Felony Trial Settings: When a felony case is set for trial time-not-waived, the court will set the trial date on, or on the week of, the statutory last day for trial (Penal Code section 1382). The cases and the parties must be trial ready on the trial date in recognition of the statutory last day. For all felony trial settings (time-waived and time-not-waived), the court will also set the following dates, subject to any case-specific factors, which factors will be reflected in the minutes:

      i. Absent case-specific factors dictating otherwise, all pretrial motions will be heard: (a) not later than 15 calendar days before the trial date, (b) at the direction of the Law & Motion department not later than the date of the Readiness Conference, or (c) at another time as directed by the court upon a showing of good cause. (Cal. Rule of Court, rule 4.112(b).)

      ii. The last date for filing pretrial motions will be 30 calendar days before the trial date, absent a request for an order shortening time providing case-specific factors not previously raised or considered, signed by the Supervising Judge – Criminal. (Cal. Rule of Court, rule 4.100(1)(B).) Motions will be filed with, and scheduling of hearing on the motion(s) will be done by, the Law and Motion department consistently with that department’s calendaring protocol and Local Rule 9(H).

      iii. The date for filing in limine motions, witness lists, and a required Readiness brief, which date will be 5 calendar days before the trial date. (Cal. Rules of Court, rule 4.112(a); Pen. Code section 1204.5, subd. (b).) Readiness briefs must include, but need not be limited to:

      a. Prosecution: a statement of facts expected to be shown by the evidence; perceived factors in aggravation; factors in mitigation; criminal history information, including prior performance on probation and/or parole; other pending cases and their status; the history of prosecution settlement offers; the history of defense settlement proposals; any indicated sentences previously given by the court; whether collateral consequences have been considered; three strikes review, if pertinent; and consideration of substance abuse/mental health issues and treatment, if pertinent.

      b. Defense: any information about the accused or the case that the accused consents to a trial judge considering, and/or that the accused desires a judge who is not the trial judge to consider under Penal Code section 1204.5, or a statement that the accused chooses to defer providing such information without prejudice.

      (c) Misdemeanor Trial Settings

      i. When a misdemeanor case is set for trial time-not-waived, the court will set the trial date on, or in the week of, the statutory last day for trial (Pen. Code § 1382). The cases and the parties must be trial ready on the trial date in recognition of the statutory last day.

      ii. For all misdemeanor trial settings (time-waived and time-not-waived), the court will also set the date, for filing in limine motions, witness lists, and a required Readiness brief, which date will be 5 calendar days before the trial date, subject to any case-specific factors, which factors will be reflected in the minutes. (Cal. Rules of Court, rule 4.112(a); Pen. Code § 1204.5 subd. (b).) Readiness briefs must include, but need not be limited to:

      a. Prosecution: a statement of facts expected to be shown by the evidence; perceived factors in aggravation; factors in mitigation; criminal history information, including prior performance on probation and/or parole; other pending cases and their status; the history of prosecution settlement offers; the history of defense settlement proposals; any indicated sentences previously given by the court; whether collateral consequences have been considered; considerations of substance abuse/mental health and treatment, if pertinent; and consideration of the merits of diversion.

      b. Defense: any information about the accused that the accused consents to a trial judge considering, and/or that the accused desires a judge who is not the trial judge to consider pursuant to Penal Code section 1204.5, or a statement that the accused chooses to defer providing such information without prejudice.

      (d) Settlement Discussions.
      In every case set on the Master Trial Calendar, the court encourages and expects the parties to have in-depth case discussions, including the exchange of offers and counter-offers for resolutions. At the discretion of the Supervising Judge – Criminal, however, cases set on the Master Trial Calendar may be sent out for discussions. If the parties do not reach an agreement and receive an indicated sentence during those discussions, the trial departments will have no further obligation to provide an indicated sentence when the case reaches a trial department. Trial judges will not read or consider a Readiness brief without consent, as described in Penal Code section 1204.5, subdivision (a). The judicial officer handling discussions may have multiple discussion sessions with the parties on a given case if the parties need to take further steps to settle the case in between sessions. But once a judicial officer has concluded settlement efforts on a case, the court will not send the case back to that judge for further rounds of discussions absent unusual circumstances.

      (e) Sunset of Rule 4(A). The provisions of Local Rule 4(A) must remain in effect until January 1, 2023, or until amended or repealed by the court, whichever is earlier.


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 PLEA, EARLY RESOLUTION, AND PRELIMINARY HEARING DEPARTMENTS

The Felony Plea, Early Resolution, and Preliminary Hearing judges and departments are responsible for non-Family Violence felony matters from arraignment on the complaint through sentencing under Penal Code section 859a, subdivision (a), or a holding order under Penal Code section 872, subdivision (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.  Pre-hearing meet and confer. Counsel for the parties must meet and confer before each court appearance to discuss the exchange of discovery, proposals for early resolution, collateral consequences, mitigation materials, and any other issues that might impact case disposition.

      ii.  Hearing preparation. Counsel must use the periods between court hearings to communicate with their client(s), alleged victims, and witnesses about ongoing investigations and offer(s) for disposition. Counsel who appear in the Felony Plea Department must be prepared to discuss any matter relating to the case disposition, including readiness, witness availability, discovery matters, ongoing investigations, and any special issues for alleged victims or the accused. This requirement applies to counsel of record and to counsel making special appearances. No continuances will be granted on the basis that special appearance counsel is not prepared to discuss the case.

      (b) Motions

      i. Motions made before the filing of an information will be scheduled by the Felony Plea judge in the Felony Plea Department, Felony Law and Motion Department, or other designated department.

      ii. Motions to set or reduce bail or for pretrial release will be set in the Pretrial Services Pilot/In-Custody Felony Arraignment Department.

      iii. Motions to Release documents pursuant to subpoena duces tecum will be set in the Felony Law and Motion Department, whether pre or post information.

      iv. All motion papers and responses must comply with Rule 9.

      (2) Preliminary Examinations

      (a) Calendaring
      Preliminary examinations will be set as follows in the designated Preliminary Examination Departments or as otherwise designated by the Supervising Judge – Criminal:

      i. Long Cause Preliminary Examinations
      a. Long Cause Preliminary Examinations are examinations with a time estimate of over one court day.

      b. Long Cause Preliminary Examinations are set on Monday each week along with the Master Trial Calendar with the Supervising Judge – Criminal, or as designated by the Supervising Judge – Criminal. If Monday is a court holiday, then the long cause preliminary hearing calendar will be called on Tuesday.

      c. Long Cause Preliminary Examinations will be heard in an available Trial Department or other available department at the discretion of the Supervising Judge – Criminal or their designee. The date and time of the examination will be determined during the Readiness Conference as delineated in this Rule.
      ii. All other preliminary examinations will be set in the Preliminary Hearing Departments as designated by the Supervising Judge – Criminal.

      (b) Readiness Notice

      i. Long Cause Preliminary Examinations:

      a. Counsel must be prepared to participate in a Readiness Conference on the court day immediately preceding the Master Trial Calendar or as designated by the Supervising Judge – Criminal. Counsel must advise whether each party will be ready to proceed, whether a continuance under Penal Code section 1050 will be sought and any objections thereto, whether there are requests for remote testimony and any objections thereto, and whether interpreters are needed. Each party must also provide an updated and accurate time estimate for the hearing.

      b. During the Readiness Conference, Long Cause Preliminary Examinations will be scheduled in an available Trial Department or other department at the discretion of the Supervising Judge – Criminal or their designee.

      c. The Readiness Conference will be held remotely, at the direction of the Supervising Judge – Criminal, or at another location designated by the Supervising Judge – Criminal.
      ii. All other Preliminary Examinations
      Each party must inform the preliminary examination judges via email by 5 p.m. at least one court day before the date set for the preliminary examination whether the party will be ready to proceed, whether a continuance pursuant to Penal Code section 1050 will be sought and any objections thereto, whether there are requests for remote testimony and any objections thereto, and whether interpreters are needed. Each party must also provide an updated and accurate time estimate for the hearing.

      (c) Motions at Preliminary Examination
      Any motions to be brought at the preliminary examination must comply with Rule 9.

      (d) Scope of Examination
      The court and the parties must 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 magistrate presiding over the preliminary hearing before the preliminary examination begins.

      (3) Early Resolution

      (a) Early resolution settlement conferences will be set at the discretion of the Felony Plea Judge. Conferences will be virtual or in-person, as directed by the Supervising Judge – Criminal.

      (b) Matters set for an early resolution conference will have a return date set in the Felony Plea department for further setting.

E. FELONY LAW AND MOTION CALENDAR

(1) General
Pre-and Post-Indictment/Information motions in felony cases (except family violence, South County, and North County cases) will 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 will be heard before the judge who signed the warrant, if available (Pen. Code, 1538.5, subd. (b)). If that judge is not available, the motion will 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 will be litigated in front of the All Purpose Judge assigned.

(c) If the time estimate for hearing a motion exceeds what can be heard on a regular Law and Motion calendar, the motion may be reassigned to a different department as designated by the Supervising Judge – Criminal.
(2) Pre-Information Motions
(a) Pre-Information motions may be set only by the Felony Plea judge, except motions to release documents pursuant to subpoena duces tecum which may be directly calendared with the Law and Motion department.

(b) Regardless of the stage of proceedings, motions regarding custodial status or pretrial release terms will be set in the Pretrial Services/Arraignment department.
(3) Post-Information/Indictment Motions
(a) For trial cases set time-not-waived (TNW), the last date to file pretrial motions is 30 calendar days before the initial TNW trial date set, absent an order shortening time signed by the Supervising Judge – Criminal.

(b) The following Post-Information/Indictment matters may be filed directly with the clerk’s office: motions to consolidate, motions to amend, motions to sever, Pitchess/police personnel records discovery, motions to unseal documents, bond surety motions, motions to return seized property, and Vehicle Code section 14602.7 storage hearings. All other Law and Motion matters must be scheduled via calendar request with the Law and Motion department.

(c) Motions originally calendared on the After Arraignment calendar may be assigned to the Felony Law and Motion Department at the discretion of the Supervising Judge – Criminal.

(d) Regardless of the stage of proceedings, motions to release documents pursuant to a subpoena duces tecum must be set in the Felony Law and Motion department, via direct calendaring with the clerk’s office.

(e) Regardless of the stage of proceedings, motions regarding custodial status or pretrial release terms will be set in the Pretrial Services/Arraignment department.

(f) Any motion to be filed with a requested hearing date on or after the Master Trial Calendar date must have the approval initials of the Supervising Judge – Criminal or their designee.

(4) Motion Papers
(a) All papers filed in support of or in opposition to a motion must comply with Rule 9.

(b) Except for motions brought under Penal Code section 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 under Penal Code section 1538.5, subdivision (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 under Penal Code section 1538.5, subdivision (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 is 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.
(5) Motions to Continue
(a) Except in unusual or exigent circumstances, any party intending to request a continuance or who cannot proceed in any matter set for hearing must promptly inform all other counsel and THEN inform the court assigned to hear the motion. This notification to the court must be at least two court days before the hearing. It is counsel’s responsibility in felony cases to submit a calendar request to reset the trial date if continuing the motion will require a continuance of the trial date. The provisions of Penal Code section 1050 must be followed.

(b) The court retains 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 matters in which the alleged victim is a person defined in Penal Code section 13700 subdivision (b) and/or Family Code section 6211 (“Family Violence”) before trial, including for arraignment, plea, preliminary hearings, disposition, and sentencing, and will hold hearings as necessary to monitor treatment progress and probation compliance.

(1) Arraignment
(a) Prosecuting Attorney’s Duty. When the original complaint is filed, when determining an accused’s custody status, and upon consideration of any plea agreement, the prosecuting attorney must present the court with information about an accused’s prior convictions for weapons charges, for domestic violence, or for other forms of violence; any current protective or restraining order issued by any civil or criminal court; and any firearms registered to or otherwise allegedly within the custody or control of the accused.

(b) Protective Order Consideration.
i. On its own motion, the court must consider issuance of a protective order at each Family Violence arraignment.

ii. Before requesting a criminal protective order in any Family Violence matter, the prosecuting attorney must make reasonable efforts to determine whether the alleged victim and the accused have any shared children; whether there are any Family, Juvenile, Dependency, or Probate court orders for custody or visitation for such children; the case numbers for any such orders; and whether there are any existing protective or restraining orders involving the accused, the alleged victim and/or the shared children. The prosecuting attorney must advise the Family Violence court of the existence of any such orders when the proposed criminal protective order is submitted for approval and signature. If a criminal protective order is issued, the prosecuting attorney must make reasonable efforts to submit a copy of the issued criminal protective order to the Family, Juvenile, Dependency, or Probate Court where one or more cases involving shared children is/are pending.
(2) Preliminary Examination
(a) Readiness Notice. Each party must inform the preliminary examination judges via email by 5 p.m. at least one court day before the date set for the preliminary examination whether the party will be ready to proceed, whether a continuance under Penal Code section 1050 will be sought and any objections thereto, whether there are requests for remote testimony and any objections thereto, and whether interpreters are needed. Each party must also provide an updated and accurate time estimate for the hearing.

(b) Motions. Motions to release documents in response to a subpoena duces tecum, Penal Code section 1538.5 motions, and other motions necessary to be heard before or with the preliminary hearing must comply with Rule 9 and be set on the same day as the preliminary hearing.
(3) Felony Pleas and Misdemeanor Pre-Trial Conferences
(a) Plea. All accused 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 under Penal Code section 1024.

(b) Pre-hearing meet and confer. For felony plea and misdemeanor pre-trial conferences, counsel for the parties must meet and confer before each court appearance to discuss the exchange of discovery, proposals for early resolution, collateral consequences, mitigation materials, and any other issues that might impact case disposition.

(c) Hearing preparation. Counsel must use the periods between hearings to communicate with their client(s), alleged victims, and witnesses about ongoing investigations and offer(s) for disposition. Counsel who appear at felony plea and misdemeanor pre-trial conferences must be prepared to discuss any matter relating to the case disposition, including readiness, witness availability, discovery matters, ongoing investigations, and any special issues for alleged victims or the accused. This requirement applies to counsel of record and to counsel making special appearances. No continuances will be granted on the basis that special appearance counsel is not prepared to discuss the case.
(4) Protective Orders
(a) Issuance. The issuance of protective orders in Family Violence matters will be in accordance with Rule 4(F)(1)(b) and (F)(4)(b) and (c).

(b) Modification: Who may request. The following parties may request that a case be calendared to modify a criminal protective order:

i. The prosecuting attorney at the request of a protected person or the Family, Juvenile Justice, Dependency, or Probate Court;

ii. The Probation Department at the request of the accused, protected person, or the Family, Juvenile Justice, Dependency, or Probate Court;

iii. The accused or accused’s counsel on behalf of the accused defendant;

iv. The court on its own motion.
(c) Modification: Procedure.
i. Where applicable, the party requesting modification must include the following information with the Request for Hearing on Criminal Protective Order Modification (“Request”): (1) any applicable CLETS Civil Restraining Orders and Custody and Visitation Orders; (2) the case numbers of both the criminal court case and any Family, Juvenile, Dependency, or Probate cases involving the accused defendant and the alleged victim; and (3) a copy of attendance or other record reflecting any safety planning, therapy sessions, or other counseling course attended by the accused and/or the alleged victim after the alleged incident date for the most recent Family Violence matter.

ii. The requesting party is be responsible for service of the Request on all appropriate parties and agencies, including the District Attorney’s office, Adult Probation (if the accused is on formal probation), the accused, and the accused’s attorney of record at least five days before the hearing. Except when the protected person is the requesting party, the prosecuting attorney must send a copy of the Request to the protected person at their last known address.

iii. At any criminal protective order modification hearing, the parties must be prepared to provide the court with detailed information about the protected person’s desired level of protection, preferably through the protected person’s physical presence in court or virtual attendance at the hearing in a manner that permits the court to see the protected person and the protected person’s surroundings.
(d) Modification: Custody or Visitation Orders.
i. Any court responsible for issuing custody or visitation orders involving minor children of an accused subject to a criminal protective order (Judicial Council Form CR-160) may modify the criminal protective order if all of the following circumstances are present:
a. Both the accused and the alleged victim/protected person are subject to the jurisdiction of the Family, Juvenile, or Probate Court, and both parties are present before the court;

b. The accused is on probation (formal or court) for a Family Violence offense in Santa Clara County or is currently charged with a Family Violence related offense in Santa Clara County and a criminal protective order has issued;

c. The Family, Juvenile, or Probate Court identifies a criminal protective order issued against the accused, that is inconsistent with a proposed Family, Juvenile, or Probate Court Order, such that the Family, Juvenile, or Probate Order is/will be more restrictive than the criminal protective order or there is a proposed custody or visitation order which requires recognition in the criminal protective order (item 16 on the criminal protective order form);

d. The accused signs an appropriate waiver of rights form or enters a waiver of rights on the record; and

e. Both the alleged victim/protected person and the accused/restrained person agree either that the criminal protective order may be modified to a more restrictive order or that item 16 on the criminal protective order may be checked.
ii. The Family, Juvenile, or Probate Court may not modify an existing criminal protective order to be less restrictive. The Family, Juvenile, or Probate Court may modify a criminal protective order by checking item 16 only when the minor child or children are not listed as protected persons.

iii. The Family, Juvenile, or Probate Court may on its own motion or at the request of an accused, protected person, or other interested party, calendar a hearing before the Criminal Court on the issue of whether a criminal protective order should be modified. The Family, Juvenile, or Probate Court must provide the Criminal Court with copies of existing or proposed orders relating to the matter. Notice of the hearing must be provided to all counsel and parties.
(e) Termination: Except as otherwise set forth in Penal Code section 1203.4b an issued criminal protective order will be terminated (i) upon dismissal of the action or (ii) when probation is revoked and terminated and the criminal protective order was issued solely pursuant to Penal Code section 1203.097. If the criminal protective order is not addressed at the hearing dismissing the action or terminating probation under Penal Code section 1203.097, the clerk of court will, within thirty days of case resolution, prepare and submit to a judicial officer for signature a Notice of Termination of Protective Order in Criminal Proceeding (CR-165).

(f) Property Removal Orders. In cases where the court allows the restrained person to remove “necessary personal property” from the protected person’s residence as a one-time exception to the criminal protective order, Attachment CR-6072 (Property Removal Order) must be completed by and filed by the court, and the restrained person and protected person must be provided with one certified copy of the same.

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 7/1/2022)



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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