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local criminal rule 9

CRIMINAL RULE 9: PLEADINGS AND FILING OF DOCUMENTS

A. METHOD OF FILING PLEADINGS AND DOCUMENTS

B. FORMAT OF DOCUMENTS SUBMITTED FOR FILING

C. LOCATION OF FILING

D. SERVICE OF COPIES

E. LAST DAY TO FILE

F. REQUESTS FOR ORDERS SHORTENING TIME

G. TIME ESTIMATE

H. REQUEST FOR ORAL TESTIMONY

I. UNLESS OTHERWISE ORDERED BY THE COURT

J. MOTIONS TO SURPRESS EVIDENCE

K. MOTIONS TO DISMISS INFORMATION/INDICTMENT

L. EX PARTE MATTERS

M. SUBPOENAS DUCES TECUM

N. COMPLIANCE WITH STATUTES AND RULES OF COURT

O. MOTIONS TO JOIN

P. SEARCH WARRANTS

Q. MOTIONS FOR REINSTATEMENT

R. POST-TRIAL MOTIONS

 

A. METHOD OF FILING PLEADINGS AND DOCUMENTS

(1) Documents may be filed electronically or in paper form at the Clerk’s Office consistent with Rule 6(C) and (D)(1) and (2) of the General Court and Administration Rules except as described below.

(2) Any motion to set aside a bail forfeiture, any appeal of a denial of a motion to set aside a bail forfeiture, and any documents filed conditionally under seal may not be filed or submitted electronically.

(a) Except as provided in California rules of Court, Rules 2.500 through 2.507, an electronically filed document is a public document when it is filed unless it is sealed under California Rules of Court, rule 2.551(b) or filed as a confidential document as provided by law. Unless the document is confidential and/or will be filed under seal, to protect personal privacy, parties must not include, or must redact where inclusion is necessary, the personal data identifiers from all documents, including any exhibits, filed with the court under this rule, such as social security numbers, and financial account numbers. A motion to file documents under seal may be filed and served electronically. But, documents lodged with the court conditionally under seal, as provided in California Rule of Court, rule 2.551(d), must be served and submitted to the clerk of the court in paper form, pending hearing on the motion to seal.

(3) Consistent with rule 6(C) of the General Court and Administration Rules, documents must be electronically filed with the court using one of the court’s approved electronic filing service providers. Information concerning the approved electronic filing service providers, including the procedures for electronically filing documents with the court and for electronically serving documents, is available on the court’s website at www.scscourt.org.

B. FORMAT OF DOCUMENTS SUBMITTED FOR FILING

(1) Documents submitted in paper form must be held by binder clips.

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

(3) Tabs may not be included in any documents submitted for filing.

(4) Memoranda of points and authorities must not exceed 25 pages, unless an order extending the page limit accompanies the motion when filed.

C.  LOCATION OF FILING

(1) The party filing any motion, pleading, or petition, must file the original electronically or in the Criminal Court Clerk’s office when the case is to be heard.

(2) If filing a motion in paper form, a courtesy copy for the Law and Motion Department must be provided. If filing a motion electronically, the filing party should provide an electronic courtesy copy to the Law and Motion department or other assigned judge.

(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.

D.  SERVICE OF COPIES
A copy of all moving and responding papers must be served upon opposing counsel, co-counsel, and counsel for all co-defendants on the same day that the originals are filed, unless previously served.

E. 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.

F. REQUESTS FOR ORDERS SHORTENING TIME

(1) Orders Shortening Time must be signed only by the judge hearing the motion or a 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.

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

H. REQUEST FOR ORAL TESTIMONY
Oral testimony will not be permitted in a motion hearing unless the court orders otherwise, except for properly noticed hearings brought under Penal Code section 1538.5. The court retains complete discretion as to the necessity for, and 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.

I. UNLESS OTHERWISE ORDERED BY THE COURT

(1) All motions and applications, together with supporting papers, documents and points and authorities, must be filed electronically or with the Criminal Court clerk in the appropriate courthouse no later than 15 calendar days before the date set for hearing. This requirement applies except where inconsistent with a state rule of court or statute. (See e.g. Code Civ. Pro., § 1005 requiring 16 court days for a Pitchess/Evid. Code section 1043 motion.)

(2) Unless waived by the court, or unless the party who would respond to the motion concedes 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 before 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 with these filing deadlines is sufficient grounds for the court to refuse to consider the matters contained in late-filed papers.

J. MOTIONS TO SURPRESS EVIDENCE
The notice of a motion brought under Penal Code section 1538.5 must describe with particularity the evidence sought to be suppressed and must be served with a memorandum of points and authorities.

K. MOTIONS TO DISMISS INFORMATION/INDICTMENT
The moving party must lodge all exhibits relevant to any claim. The parties must meet and confer about the exhibits before their submission. If voice recordings are submitted for review by the court, the transcript required by California Rules of Court, rule 2.1040 must be included unless the magistrate waived the requirement under California Rules of Court, rule 2.1010(b)(3).

L. 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.

(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.

M. SUBPOENAS DUCES TECUM
All subpoenas duces tecum in criminal cases must comply with Penal Code section 1326 and Evidence Code section 1560, and when applicable Code of Civil Procedure section 1985.3, and must be returnable to the court. In the event materials that 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 must immediately lodge such materials with the clerk of the court. The materials must not be opened, reviewed, or copied by the recipient without a prior court order.

N. COMPLIANCE WITH STATUTES AND RULES OF COURT

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

(2) A mere citing of code sections authorizing the filing of a motion is not 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, must 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. Parties must not cite to unpublished decisions of the California Court of Appeal except as provided in California Rules of Court, rule 8.1115.

(b) A memorandum of points and authorities must contain a concise statement of facts, a concise statement of the law, a discussion of the evidence and arguments relied upon, and a discussion of the statutes, cases, and other authorities 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.

O. MOTIONS TO JOIN
Any party seeking to join in any motion must set out the relevant facts and law as it relates to the joining party. All motions to join must be made in writing.

P. SEARCH WARRANTS
When an accused 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.

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

R. POST-TRIAL MOTIONS

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

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

(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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