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S.D. Cal. CrimLR 58.1 — Misdemeanors: the court's own rule, verbatim from United States District Court Southern District of California LOCAL RULES (Revised as of: June 1, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Southern District of California alongside the federal rules and any judge-specific procedures.
S.D. Cal. CrimLR 58.2 — Disposition of Misdemeanor Cases, 18 U.S.C. § 3401: the court's own rule, verbatim from United States District Court Southern District of California LOCAL RULES (Revised as of: June 1, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Southern District of California alongside the federal rules and any judge-specific procedures.
C.D. Cal. L.Cr.R. 58-1 — Authority of Magistrate Judge Over Cases Charging Misdemeanor And Other Petty Offenses: the court's own rule, verbatim from UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CHAPTER III LOCAL CRIMINAL RULES (12/1/2025), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Central District of California alongside the federal rules and any judge-specific procedures.
E.D. Cal. L.R. Crim 420 — Referral of Misdemeanors to Magistrate Judges: the court's own rule, verbatim from Local Rules of the United States District Court EASTERN DISTRICT OF CALIFORNIA (Effective February 23, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Eastern District of California alongside the federal rules and any judge-specific procedures.
E.D. Cal. L.R. Crim 421 — Disposition of Misdemeanor Actions: the court's own rule, verbatim from Local Rules of the United States District Court EASTERN DISTRICT OF CALIFORNIA (Effective February 23, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Eastern District of California alongside the federal rules and any judge-specific procedures.
E.D. Cal. L.R. Crim 423 — Referral of Class a Misdemeanors to the District Court: the court's own rule, verbatim from Local Rules of the United States District Court EASTERN DISTRICT OF CALIFORNIA (Effective February 23, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Eastern District of California alongside the federal rules and any judge-specific procedures.
N.D. Cal. Crim. L.R. 58-1 — Designation of Magistrate Judges to Try Misdemeanors and Other Petty Offenses: the court's own rule, verbatim from UNITED STATES DISTRICT COURT Northern District of California CRIMINAL LOCAL RULES (These rules are effective December 1, 2009 and shall govern all criminal proceedings commenced on or after that date.), the court’s own page, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Northern District of California alongside the federal rules and any judge-specific procedures.
A request to reduce the amount owed on a traffic ticket, with proof of not having the financial means to pay the fine, considered at any point in the process but answered only after a plea of guilty or no contest; the court's new online request tool (recommended), MyCitations, to enter a plea and make an ability to pay request on eligible infractions without going to court - with a payment plan, more time to pay or community service instead of paying fines and fees, also for a case currently in collections; or form TR-320/CR320 - Can't Afford to Pay Fine: Traffic and Other Infractions (the clerk's office for information on the form); an additional fee of up to $100 the court may add if the defendant does not act by the date on the citation and reminder notice, a reduction requested at any time while the fines remain unpaid; payment plans approved for no more than $25 per month on an approved ability-to-pay request; fines and fees owed from a misdemeanor or felony offense not eligible; the online tool not used to contest the citation, attend traffic school or get a dismissal or reduction of charges with proof of correction.
Pursuant to Penal sections 1001.95-1001.97, effective 1/1/21, the Court enacts a Misdemeanor Diversion Program as set forth in the attached Exhibit “A”, effective immediately and in place until either modified or terminated by the Presiding Judge (dated January 5, 2021; Michael A. Fagalde, Presiding Judge); to qualify, a plea of not guilty to the charge(s), a waiver of the right to a speedy trial and consent to completing the diversion program assigned by the Court; if the Court grants diversion, criminal proceedings suspended for the charges eligible, any bail bond or bail deposit ordered exonerated and release on own recognizance (OR), the period no less than 6 months and no more than 12 months, participation not a conviction or admission of guilt; on successful completion the charge(s) dismissed and the arrest deemed to have never occurred - still disclosed in a questionnaire or application for a position as a peace officer; on unsatisfactory performance the District Attorney’s Office or the Court may bring a motion to terminate the diversion, with notice and a hearing, and on termination the Court will reinstate the charge(s); the divertible misdemeanors - Vehicle Code §12500(a) or Vehicle Code §14601.1(a) (first offense only, not in misdemeanor diversion within 3 years of the date of the current offense: obey all laws, do not drive unless properly licensed and insured, written proof of a valid driver’s license), Penal Code §488 (the value of the property taken $250 or less: obey all laws, restitution to the victim(s) in full with written proof of payment, 40 hours of community service monitored by the Mariposa County Probation Department), Penal Code §415 and Penal Code §647(f) (obey all laws, 40 hours of community service) and Penal Code §853.7 related to any of the above charges (obey all laws, 40 hours in the Probation Works Program, or in a program approved by the Mariposa County Probation Department for those who live outside of Mariposa County) - each dismissed at a 6-month review hearing if all conditions have been met, otherwise continued for a 12-month review hearing; the declarations of the defendant and of the attorney for defendant.
AB 1950, in effect in 2021, sets the maximum term of probation for most misdemeanors at one year (Penal Code section 1203(a)) and for most felonies at two years (section 1203.1), with excluded crimes; the petition and order forms the court developed with the probation department - felony, the probation department's ex parte petition/order recommending termination (TUO-CR-PT-975(b)), filed with a hearing date provided by the clerks' office a minimum of 25 days out and copied by probation to the District Attorney and the public defender or last known attorney: if the DA checks the concurs box, the petition and order go to a judge for signature, the hearing is removed from calendar and the clerk distributes signed and filed copies; if the DA objects, the matter remains on calendar; felony, the defendant's petition (TUO-CR-PT-975(a)) filed with proof of service on the DA and Probation and a hearing date a minimum of 25 days out: if both concur, signature and removal from calendar; if either objects or does not respond, the matter remains on calendar; misdemeanor, the defendant's petition (TUO-CR-PT-975(c)) with proof of service on the DA and a hearing date at least 25 days out: the DA's concurrence, objection or silence handled the same way.
A reduction of the amount owed on a traffic ticket, more time to pay, a payment plan or a combination requested with proof of the lack of financial means, at any point in the process, but answered only after a plea of guilty or no contest; the MyCitations online tool (recommended) to enter a plea and make an ability-to-pay request on eligible infractions, with a payment plan and/or more time to pay, also for a case in collections; Tuolumne County Superior Court does not offer the option of community service; or form TR-320/CR320 - Can't Afford to Pay Fine: Traffic and Other Infractions, also the form for a fine reduction when applying for traffic school (the clerk's office for information); an additional fee of up to $100 if no action is taken by the date on the citation and reminder notice, a reduction available at any time while the fines remain unpaid; payment plans approved for no more than $25 per month on an approved ability-to-pay request; misdemeanor and felony fines and fees not eligible; the online tool not for contesting the citation, attending traffic school or a dismissal or reduction of charges with proof of correction.
The protocol implementing Welfare & Institutions Code § 709 for the Juvenile Division when a doubt arises as to a minor's competency in a delinquency case, supplementing California Rule of Court 5.645 and Local Rule 622 (if a conflict arises, the law controls): where substantial evidence exists that a minor may be incompetent the court may consider informal resolution (dismissal under Welf. & Inst. Code § 782, evaluation under § 705 and Penal Code § 4011.6, services, and progress review hearings with the consent of the parties); counsel for the minor or the court may express a doubt, proceedings shall be suspended on substantial evidence raising a doubt, and unless the parties stipulate or submit on the minor's lack of competency the court shall appoint an expert; an expert the prosecuting attorney or the minor retains is at that party's cost and disclosed at least five (5) court days prior to the hearing, and a District Attorney expert needs a juvenile court order to evaluate the minor; the appointed expert follows the Checklist for Juvenile Competency Evaluations in the minor's preferred language or with a certified interpreter, has at least fifteen (15) court days to complete the evaluation, and reports in writing to the court at least two (2) court days before the hearing and to minor's counsel, the probation department, and the prosecution; on receipt the parties may stipulate, submit or contest, and a minor the expert opines is developmentally disabled is referred by probation to the Central Valley Regional Center; the competency hearing is set within fifteen (15) court days of receipt for a minor in custody (good cause may extend it briefly) and within forty-five (45) days out of custody; the minor is presumed competent and the party asserting incompetency bears the burden, a minor under the age of 14 first receiving a capacity determination under Penal Code § 26; the minor's statements to an evaluator may not be used in the petitioner's case-in-chief, and the court states an express finding on the record; a competent minor's proceedings are reinstated, a petition with only misdemeanor offenses is dismissed, and on a felony petition all offenses remain suspended while the minor is referred to services in the least restrictive environment consistent with public safety, a probation officer initiating them through Central Valley Regional Center or Kings County Behavioral Health Services (a regional center evaluation within 120 days for a minor not yet its patient); remediation services are reviewed at least every thirty (30) days in custody and every forty-five (45) days out of custody, the § 709(h)(5) factors weighed whenever confinement over six months is considered, and within six months of the initial finding of incompetency an evidentiary hearing leads to reinstatement, return to the program (the total remediation period not to exceed one year) or dismissal of the petition, with persons and agencies invited to the dismissal hearing.
Payments online (citations issued to a person under 18 not payable online); MyCitations for a reduction based on the ability to pay, a payment plan, more time to pay or community service on eligible infractions (not misdemeanor or felony fines; not to contest a citation, attend traffic school or get a dismissal or reduction with proof of correction); mandatory appearances at a Traffic Arraignment - all citations issued to a person under 18, 22348(b)VC (100mph or greater), 23140(a)VC, or a formal complaint filed by the District Attorney - and a scheduled Traffic Arraignment attended even after paying online; one (1) 60-day extension of the due date approved by the clerk at no cost, requested in person or by telephone; proof of correction signed by an authorized representative and submitted with a $25.00 Proof of Correction Fee per correctable violation by the due date (VC40610), proof of registration printed from the DMV, the VC16028(a) insurance proof; traffic school - the eligibility conditions (no traffic school for a citation within the last 18 months, a moving violation, no more than one point under VC 12810 or one and one-half points under VC 12810.5(b)(2), no alcohol or drug offense, not VC 22406.5 or 21655.5, not a speeding violation over 100 miles per hour or 26 miles or more over the limit, a failure to appear or civil assessment resolved first), a non-refundable $69.00 Traffic School Administration Fee added to the bail, proof of completion received within 90 days of the request, no extension of time once requested; contesting a citation - a Traffic Arraignment requested before the due date (a Promise to Appear), a Traffic Trial set by the clerk on the Counter Arraignment form with the full bail posted, or a Trial by Written Declaration (Form TR-205, mandatory, requested before the due date with the bail forfeiture amount paid at filing; a Trial De Novo on Form TR-220 by the deadline in the written decision); no credit or debit payments through the website for a Traffic Trial or a Trial by Written Declaration; no walk-in calendar, all cases set for hearing by the clerk; requests for continuance of a Traffic Trial filed at least 10 Court days prior to the hearing; an appeal filed within 30 days of the decision; payment plans with 25% of the Total Amount Due deposited; a Failure to Appear notice answered within 20 days, or conviction, referral to collections and a report to the DMV; the Child Passenger Safety Program requested in person before the Appear by Date; the Traffic Clerk at (559) 582-1010, ext. 6100, Monday through Friday, 8:00 a.m. to 4:00 p.m.
Chapter 5, Part 1: appointment of contract counsel for indigent defendants or, if no such counsel is available, of counsel from the court's appointment list (500); a standing order for reciprocal discovery under Penal Code sections 1054 through 1054.7, an informal request of opposing counsel under section 1054.5(b), in writing, before a discovery motion, which may be denied without one, and remedies and sanctions under section 1054.5 (501); expert and investigative fees for indigent defendants not normally paid without a prior court order, which may issue ex parte and be kept confidential, a copy of the order attached to each claim form disclosing the fees previously requested (502); counsel responsible for having witnesses available and arranging interpreters for them before trial, no trial delayed for incorrect scheduling of witnesses unless counsel can show due diligence, and a certified typed transcription of any sound recording to be offered, prepared at the proponent's expense with copies for each juror and alternate juror, the judicial officer, each opposing party and counsel, the court reporter and the clerk (503); motions for modification of sentence or probation in writing to the sentencing judge, with notice to the District Attorney and a copy to the Probation Office at least fifteen (15) days before the hearing (504); motions decided before trial renewed only on new facts or law that could not with due diligence have been known, with a supporting declaration (505); a verbatim record of misdemeanor or infraction proceedings, not generally required, on a written request and deposits to the clerk at least five (5) days before the hearing, at the requesting party's entire cost (506); no negotiated plea agreement accepted after the final trial readiness hearing absent exceptional circumstances (507); jury instructions prepared under rules 2.1055 and 2.1058, CALCRIM blanks typed in, and proposed instructions submitted to the trial judge on the first day of trial or an earlier date set (508(A) to 508(D)); at the trial readiness hearing, witness lists, proposed instructions, verdict forms from the prosecuting attorneys, motions in limine with proof of service and any joint statement for written jury questionnaires, and opposition to a motion in limine filed and served not less than five (5) court days before trial confirmation (508(E) to 508(G)); petitions for relief under Penal Code section 1170.18 and Health & Safety Code section 11361.8 on the court's optional forms, whose use is preferred, served on the Kings County District Attorney's Office, which has thirty (30) days to respond, letters or notes may not be considered, and hearings set by the court clerk (509); a courtesy copy of each law and motion filing delivered to the courtroom clerk of the assigned Department during an open session (510); requests for dismissal under Vehicle Code section 41500 including a verified statement or official document confirming the date of the defendant's commitment (511); the respondent to a Pitchess motion to submit copies of all records produced for in camera inspection on a digital storage device by the time set for the in camera proceedings, the notice of motion referencing this requirement (512); circumstances in aggravation that may be bifurcated from trial consistent with Penal Code §1170(b)(2), the Defendant to inform the People and the court on or before trial readiness whether bifurcation is requested, disputes submitted as motions in limine, and a separate verdict form prepared by the People (513); and the District Attorney or Attorney General, when it files a criminal complaint, information or indictment in a case in which a search warrant was previously executed, to notify the Court of the warrant number and date signed so it is placed in the criminal file (514)
Chapter 5, Parts 2 to 6: an early disposition hearing on a waiver of time at the initial felony arraignment, cases held to answer certified to a designated department for arraignment, and on a guilty or nolo contendere plea the case referred to the Probation Office for a pre-sentence report (520); defense counsel appearing fifteen (15) minutes before calendar call to confer with the clerk on tentative dates, and mandatory settlement conference, trial readiness, trial confirmation and trial dates (521); the presence of the defendant and trial counsel with full authority at each mandatory appearance, telephone appearances by prior approval in exceptional circumstances (522); a felony settlement conference at which counsel are prepared to negotiate a disposition except where prohibited by Penal Code section 1192.7 or other statute (523); a trial readiness hearing between one (1) and fourteen (14) days before trial, by which non in limine pre-trial motions are heard, witnesses subpoenaed and counsel prepared (524); at the trial confirmation hearing, any transcript of a sound recording served on opposing counsel, and counsel prepared to inform the court of motions in limine, trial length, witness and interpreter needs and causes of delay (525); pre-trial motions noticed at the post preliminary examination arraignment and heard no later than the trial readiness hearing, sanctions for unreasonably delaying a motion, written motions with points and authorities and proof of service, the hearing date and time estimate and the attorney's state bar number, points and authorities or affidavits of no more than ten (10) pages without prior leave, and section 995 and 1538.5 motions stating the claimed deficiencies with particularity or listing the evidence, theories and authorities (526); letters of reference submitted to the probation officer, not the court, no later than fourteen (14) calendar days after conviction, no more than five (5) attached to the probation report, and the report's Summary of Offense the operative facts absent a notice of intention to dispute them (527); misdemeanor pre-trial, motion, trial readiness and trial confirmation hearings set at arraignment, the trial confirmation hearing normally one (1) or two (2) court days before trial (530 to 533); misdemeanor section 1538.5 motions listing the evidence, theories and authorities (534); all-purpose assignment of criminal cases under the court's Standing Order (535); appointed counsel on a misdemeanor appeal for a defendant appointed counsel in the trial court, unless privately retained counsel files the Notice of Appeal, and no right to self-representation (536); for infractions only, a guilty or no contest plea and fine by mail, automated telephone system or at the front window, or a court trial in person, on the notice to appear under Vehicle Code section 40901 or by written declaration under Vehicle Code section 40902, and in traffic cases motions filed and served not less than ten (10) court days before the hearing with proposed orders, on hearing dates cleared with the court clerk (540); a request for court trial received on or before the date on the citation, at the Traffic Window or by first class mail, and a Counter Arraignment for Contested Infraction with bail received not less than fifteen (15) days before trial (541); trial by written declaration under Rule 4.210 on Forms TR-205 and TR-200, which a defendant who fails to appear, post bail, request an extension or pay by the date on the notice to appear may be deemed to have elected under Vehicle Code section 40903 (542); clerk ability to pay determinations under Government Code §68645.3(e) for litigants receiving public benefits or with household income at or below 250% of the federal poverty level, judicial review of a denied reduction, and requests for a payment plan, more time or community service (543); habeas corpus petitions on a fully completed form HC-001, petitions failing rule 4.551 returned without filing, expedited review only by written motion demonstrating good cause, and motions for additional time filed and served at least twenty (20) days before the deadline, any opposition at least ten (10) days before it (580); and Penal Code §987.9 funding requests in capital cases directed to the assigned 987.9 funding judge, reimbursement requests presented as Local Rule 502 describes (590)
2026 Miscellaneous Order No. 4 – 2nd Amended (effective August 3, 2026): a case in which a judge within the Criminal Division (Department 17, Department 21, Department 22, Department 24 and Department 38) is disqualified reassigned to a courtroom for all purposes pursuant to Rule 3.734 of the California Rules of Court by the attached “Department Assignment” number sheet - staff excluding the last digit of the case number and assigning by the next two digits, excluding an additional digit if that falls to the same disqualified department, and, where the case still falls within the same department after excluding all numbers, assigning it to the next department (Department 21 to Department 22, 22 to 24, 24 to 38, 38 to 21); the defendant’s pending cases in the disqualified department moving with the disqualified case unless the judge finds unusual circumstances; a traffic case that is the source of a disqualification in Department 21, 22, 24 or 38 may be sent back to Department 17; traffic cases (matters filed exclusively under the California Vehicle Code involving misdemeanor and/or infraction charges, regularly heard in Department 17) whose judicial officer is disqualified reassigned first to Department 37 - unless the defendant has other criminal matters pending in another department - and, if Department 37 is also disqualified, to the criminal department by the number sheet; if the judicial officers of Departments 21, 22, 24 and 38 are all disqualified, the case(s) routed to the presiding judge or the assistant presiding judge (if not disqualified), then to the most senior judge available (by the date the judge was sworn into office); the sheet's chart of the terminal numbers 0 to 99 among Departments 24, 21, 22 and 38, and the lowest number of the MCR case(s) deciding the department when a defendant has both a MCR numbered case(s) and a SCR numbered case(s).
The Criminal Court Division processes misdemeanor and felony complaints; the Felony Bail Schedule (including specified misdemeanors); electronic filing through electronic delivery (including e-mail) of documents in Criminal cases (FAQs - eDelivery for Criminal cases); the MyCitations - Ability to Pay Tool for infraction fines; payments by mail or in person (cash, personal checks, cashier's checks, money orders, debit and credit card), payable to "Madera Superior Court", with the case number, no cash by mail; court appearances mandatory on criminal misdemeanor and felony cases, extensions not granted; failure to appear - forfeiture of bail bond, a warrant, license suspension, an added violation and an additional $100.00 assessment pursuant to penal Code Section 1214.1 on infraction cases referred to collections; extensions on court ordered fines, fees, programs or jail by a "Request for Modification" form received by the Court 5 days prior to the due date, at 8:00 a.m. (a judge to extend a jail report date or re-set a payment plan; a one-time extension on infractions to Pay or Appear by the clerk's office); bail refunds processed upon court order in approximately 6 to 8 weeks; court appointed counsel at the arraignment, with referral to the Madera County Revenue Services department on ability to pay; record searches $15.00 per name, per index; copies $.50 per page and $25.00 per case for certification, by mail by money order or cashier's check (law firms' business checks marked "not to exceed $50 dollars"); Drug Court administered through Department 23; window hours 8:00 AM – 3:00 PM and a drop box from 3:00 PM to 4:00 PM.
Parking tickets, traffic infractions and misdemeanors (the Traffic Division) and felony violations (the Main Courthouse); electronic filing through electronic delivery (including e-mail) of documents in Traffic cases; traffic school - eligibility (no traffic school within 18 months, no more than one point under VC 12810 or one and one-half point under VC 12810.5(b)(2), not alcohol or drug related, not VC 22406.5, a valid driver's license), one check for the total bail plus the $74.00 traffic violator school fee (42007(a) VC), ability-to-pay requests by an appearance for arraignment, payment plans from the Traffic Clerk, completion certificates received electronically within 90 days from the post mark of the request, fees non-refundable, online certificates from courses approved by the California Traffic Safety Institute; trials - a Court Trial or a Trial by Declaration, requested in person or by mail by a plea of "not guilty"; an Interpreter requested from the Traffic Division at least one week before the hearing; fees and fines according to statute and the Judicial Council's Uniform Bail and Penalty Schedule; window hours 8:00 AM – 3:00 PM and a drop box from 3:00 PM to 4:00 PM.
In person appearance required in criminal matters unless otherwise ordered by the judicial officer (questions to the Clerk’s Office or counsel); in the felony courtrooms in person unless otherwise ordered, with the exceptions of Courtroom 3 - remote appearances for video arraignments and post-conviction relief hearings as permitted by law; in the misdemeanor courtrooms in person unless otherwise permitted, with the exception of Courtroom 5 - remote appearances permitted for State Hospital hearings.
A request to reduce an infraction fine (most traffic tickets) based on the ability to pay, with proof of financial means, at any point but answered only after a plea of guilty or no contest; the MyCitations online tool (recommended) for a plea and an ability to pay request on eligible infractions, a payment plan, more time to pay or community service, usable when the case is in collections; form TR-320/CR320 as the other way; an additional fee of up to $100 the court may add if the defendant does not act by the date on the citation and reminder notice; payment plans approved for no more than $25 per month on an approved ability-to-pay request; misdemeanor and felony fines and fees not eligible; and the tool not used to contest the citation, attend traffic school or obtain a dismissal with proof of correction.
Standing Order 2022-06 (effective September 20, 2022; a revision of Standing Order 2021-08), procedures for traffic matters: any clerk acting on a case updating the Department of Motor Vehicle Docket; the Clerk waiving the mandatory appearance on VC 40616 cases and accepting proof of correction with the $25.00 fee - correctable citations, tinted windows (VC § 26708(a)(1)), no proof of insurance, a valid license or registration - VC § 24004 and VC § 24002(a) not correctable; traffic school always granted if eligible, judicial approval for more than three (3) infractions or one (1) misdemeanor in the last two years, two eligible violations on one case, out-of-state driver licenses, no conversion to community service, and requests up to six months after bail is forfeited; one 30-day extension and one 45-day traffic school extension; payment plans; no not guilty plea on a misdemeanor citation by mail or over the counter; bail for a trial by declaration placed in Trust; one switch of proceedings (Court Trial to Trial by Declaration or back); owner's responsibility (CHP Form 279); community service for minors, who appear on the 1st Thursday of each month at 1:30 p.m.; motions, including a “Motion to Set Aside Civil Assessment”, calendared in the Traffic Department at least one week out and not accepted as a walk-in; court trials and trials by declaration where the citing officer has retired or transferred (Local Form #MSC-TF-020 to the District Attorney's Office in accident cases); copies of minute orders at $0.50 cents per page; and no court reporter in a traffic matter without a Judicial Officer's approval (Code of Civil Procedure § 269(a)(3)), an electronic recording being available.
Standing Order 2022-07 (effective October 19, 2022; a revision of Standing Order 2019-01): community service authorized for defendants charged with misdemeanors when payment of the total fine would pose a hardship on the defendant or the defendant's family, at the rate set for infractions under Penal Code § 1209.5 - double the minimum wage established by Labor Code section 1182.12(b)(2).
Standing Order #2022-08 (effective November 15, 2022; a revision of Standing Order #2022-04 dated July 1, 2022): the Merced County Juvenile Court adopts the Merced County Juvenile Competency Protocol under Welfare and Institutions Code § 709, all parties, attorneys, agencies and organizations appearing before it complying (the statutory or rule provisions controlling in a conflict). The protocol: informal resolution encouraged in cases of relatively non-serious alleged conduct; on substantial evidence of a doubt as to the minor's competence, proceedings suspended and an expert psychologist or psychiatrist appointed (the panel of experts reviewed annually by January 31st; Attachment A, the letter to the expert); a Competency Determination Hearing generally within 15 court days for in-custody matters or 30 court days for out-of-custody matters; the minor's counsel providing documents to the expert within 10 court days (in custody) or 20 calendar days (out of custody) and the District Attorney within ten court days; the expert's report no less than two court days before the hearing and the court's copies no less than one court day before; a referral to the Central Valley Regional Center when the expert finds the minor developmentally disabled (a court date for its report within 45 to 60 days); a finding of incompetence by a preponderance of the evidence, a capacity determination for a minor under 14 years old, and dismissal of a petition containing only misdemeanor offenses; competency attainment services through the Department of Behavioral Health or the Merced County Probation Department, a Competency Attainment Plan Hearing, and reviews at least every 30 calendar days for minors in custody and every 45 calendar days out of custody; reevaluation and a Competency Attainment Hearing within 30 court days (in custody) or 45 court days (out of custody), within six months of the initial receipt of a recommendation, the total remediation period not exceeding one year; secure confinement not exceeding six (6) months from the finding of incompetence unless the court determines otherwise (up to 18 months for an offense described in WIC 707(b)); and statements made during the evaluation or the remediation not used against the minor.
The division's jurisdiction (Vehicle Code violations, some local municipal ordinances, infractions and minor misdemeanors); the Notice to Appear, the Juvenile Traffic Notice to Appear, and the Mandatory Traffic Notice to Appear; payment in person at 720 West 20th Street, Merced, or 1159 G Street, Los Banos, online (not where an appearance is mandatory) or by mail; ability-to-pay requests through MyCitations (not for misdemeanor or felony fines, a contest, traffic school or proof of correction); walk-ins in Merced on Monday, Tuesday, Wednesday, Thursday mornings between 7:30 a.m. and 8:15 a.m. and Thursday afternoons between 12:30 p.m. and 1:15 p.m., in Los Banos on Monday, Tuesday, and Thursday mornings between 7:45 am and 8:15 am; Traffic Violator School eligibility (a moving violation, no course in 18 months, no more than 3 infractions, no misdemeanor) and the additional $70 fee, requested by mail with the bail; proof of correction with the $25 fee per correctable violation (VC 40611) by the due date, the case then dismissed; payment plans requested on or before the arraignment date and completed within 12 months, payments in person, by the drop box (after 3:00 p.m. processed the next business day), online or by mail; collections and the Franchise Tax Board; petitions to reduce or vacate a civil assessment (Rule 4.106) and for an ability-to-pay determination (Rule 4.335; form TR-320); contesting a citation by posting the fine and requesting a Court Trial or Trial by Declaration; the appeal forms (CR-141-INFO to CR-145 for infractions, CR-131-INFO to CR-137 for misdemeanors); and the Traffic FAQs - the due date and civil assessment penalties of up to $100.00, extensions, mandatory appearances (22348(b) VC; 23140(a) VC), arraignment and court trial without posting bail (California Rule of Court 4.105), a written request for a continuance at least 10 days before a court trial, and the Trial by Written Declaration (VC 40902; TR-205; a new trial requested within 20 days of the mailing of the notice of judgment).
Remote appearances generally allowed in Traffic Infraction cases, scheduling one indicating consent pursuant to California Penal Code section 1428.5 (the Traffic Arraignment Advisement read first; the appearance confirmation and the directions to the remote appearance links sent by email); the advisement - the rights (the citation read in open court, presence in person at the arraignment and court trial, officers by video unless the defendant objects, an appearance by video as consent to remote appearances by all parties and a waiver of personal presence, counsel for a misdemeanor, a jury trial for a misdemeanor or an Officer Court Trial for an infraction within 45 days, confrontation, subpoenas, testimony or silence, appeal), base fines and Penalties and Assessments, the 1 point and Traffic Violator School (TVS: 18 months from the last, the $70 administrative fee and the school's fee, the request made when the case is heard); the deadlines to schedule a remote appearance with the Clerk’s Office ((209) 725-4107 Merced, (209) 725- 4124 Los Banos) or online - Arraignments, Further Proceedings, and Pay or Appear no later than 3 PM on the court day before the hearing, Court Trials no later than 10 calendar days before the hearing date (officers likewise where the Notice of Court Trial permits remote appearances); evidence submitted by 3 PM on the court day before the hearing; payment online within five (5) business days, fines referred to Court Collections if not paid within fourteen (14) calendar days of the hearing date; and preparing for the appearance (the link confirmed the day before, joining up to 10 minutes early, first and last name and the case number).
Rules 500 and 500.1: regular sessions of the Appellate Division on the fourth Monday of each month at 1:15 p.m. (the third Monday when the fourth falls on a holiday) and special sessions at the call of its Presiding Judge (500(A)); appeals placed on the calendar for a session when the last reply brief was filed, or the time for filing it expired, forty-five (45) or more days before it (500(B)); the briefing schedule mailed on the filing of the record, briefs under rules 8.882(e), 8.883, 8.927(c) and 8.928, and three (3) legible copies deposited with the Clerk (500(C)); motions under rule 8.808, a hearing held only if the Court determines one is needed (500(D)); ten (10) minutes of oral argument for each party, the appellate or moving party opening and closing (500(E)); the original trial Court file the record on all appellate matters in civil, misdemeanor and infraction cases (500(F)); petitions for writ of mandate or prohibition served on all real parties and respondents and filed with the proof of service, the court denying the petition, requesting opposition, or issuing an alternative writ, an order to show cause or a peremptory writ on at least 10 days' notice, an opposition within 5 calendar days (500(G)); an appellant in a misdemeanor or traffic infraction matter electing the official electronic recording as the record, the District Attorney's Office stipulating to it in all Traffic Court appeals until March 31, 2027 (500.1(A)); a judicial officer ordering the recording transmitted without being transcribed in a limited civil, misdemeanor or infraction case (500.1(B)); traffic infraction appeals on the recording without being transcribed (500.1(C)); and no transcripts of official electronic recordings, the recording transmitted for an indigent appellant, and the cost of a transcript borne by an appellant who is not indigent (500.1(D))
Rule 17: trial by declaration on a Vehicle Code infraction under Vehicle Code Section 40902, a trial de novo requested no later than twenty (20) days from the date of mailing of the original decision (17(A)); a failure to appear deemed an election for trial by written declaration under Vehicle Code section 40903, and the Courtesy Notice, the second FTA/Pay notice and the final notice warning of civil assessments of up to one hundred dollars ($100), referral for debt collection and referral to the Court Collections Division (17(B)); proof of correction accepted by the Clerk with the $25.00 proof of correction fee - correctable citations, tinted windows, no proof of insurance, and a driver's license or vehicle registration valid at the time of the citation or obtained after it - and Veh. Code § 24004 and § 24002(a) moving violations not correctable (17(C)); no not guilty plea on a misdemeanor citation through the mail or over the counter (17(D)); bail for a trial by declaration placed in trust (17(E)); one change of proceeding type between a Court Trial and a Trial by Declaration, additional changes with judicial approval (17(G)); traffic school granted by the Clerk if the defendant is eligible, judicial approval for more than three (3) infractions or one (1) misdemeanor in the last two years, out-of-state driver licenses, the fee not converted to community service, and requests up to six (6) months after bail is forfeited and paid in full (17(H)); one 30-day extension and one 45-day traffic school extension granted by the Clerk without judicial approval (17(I)); payment plans set up by the Clerk (17(J)); community service for minors, the minor appearing on the 1st Thursday of each month at 1:30 p.m., fines converted at double the minimum wage (17(K)); and motions and petitions filed in the Traffic Department in Merced or the Traffic Division of the Los Banos Clerk's Office, not accepted as a walk-in, set on an arraignment calendar at least one week out in Courtroom 9 in Merced or Courtroom 12 in Los Banos, petitions to reduce or vacate a civil assessment (rule 4.106) by walk-in or remotely by video, and ability-to-pay determinations (rule 4.335) requested in writing on form TR-320 or online (17(L))
In all misdemeanor cases, trials included, an electronic recording maintained as the official record of the proceedings, a copy requested on the page's online form (the case, the purpose - a notice of appeal or a declared mistrial -, the department, the hearing date and the requester) and provided as a download link; a fee of $10.00 per media download request, paid in the applicable clerk's office before the request is processed unless arrangements have been made with the court; a court representative making contact within 5 business days of the form and the payment; and incomplete requests ignored and confidential requests denied.
Rules 800 to 814: no arraignment on an information, indictment or misdemeanor complaint calendared with less than two days prior notice, in-custody documents filed before 10:00 a.m. for the 1:00 p.m. calendar the same day, felony matters under Penal Code 667.5 heard at 3:00 p.m. only if filed by 2:00 p.m., and matters filed after 2:00 p.m. heard the following day at 1:30 p.m. (800); a copy of all pleadings in a pre-assigned case delivered to the assigned judge two days before the hearing, to room 303 at the Visalia courthouse or the clerk at other locations (801); trial, pretrial conference and last motion dates set at a felony not guilty plea, later special motions heard only on good cause shown in a written declaration (802); criminal law and motion at 8:30 a.m. on the days the assigned department designates (803); pretrial motions, defense attorney fee and cost motions included, heard in the department assigned for all purposes (804); written motions under rule 4.111, motions to set aside stating the deficiencies with particularity, and late motions presumed unreasonably delayed (805); an order shortening the 10 days of rule 4.111 sought ex parte in the assigned department with notice to opposing counsel (806); modification of a sentence or probation terms sought in writing in the sentencing department on 10 days notice, no transport without the judge's order (807); jury instructions and verdict forms provided by counsel and filed no later than the pretrial readiness conference, special instructions not in CALCRIM supported by citations (808); a law and motion matter over 30 minutes set on a convenient date (809); voir dire under Code of Civil Procedure section 223, alternate jurors under section 234, maps and diagrams prepared in advance, witnesses available when needed, and a certified typed transcription of any sound recording offered (810); continuances of noticed motions and trials only before the judge assigned for all purposes, pretrial conferences continued only on proof in open court under Penal Code section 1050, felony trials within 60 days of the indictment or information, and time waivers discouraged (811); any appearance a general appearance, and withdrawal and substitution of retained counsel as in civil proceedings on the Judicial Council forms of rule 3.1362 (812); the Domestic Violence Coordination Rules - the clerk checking for existing orders in the case management system and CCPOR, criminal orders having priority over conflicting family or juvenile orders, coexisting orders providing for the safe exchange of the children, and a file endorsed copy of an order conveyed within 24 hours to the Tulare County Sheriff's Department for CLETS (813); and accusatory pleadings accepted by electronic filing only, under Code of Civil Procedure section 1010.6, rules 2.250 - 2.261 and Penal Code section 959.1, a document electronically filed after 5:00 P.M. of any business day deemed filed on the next court day (814)
Arraignments of defendants out of custody heard Monday to Friday at 8:30 a.m. and of defendants in custody Monday to Friday at 1:30 p.m.; a defendant without counsel who missed a court date applying in person at the Clerk's Office - not by telephone - only a judge granting or denying an application for a court date; bench warrant information given only at the Clerk's Office; copies from a file at $0.50 per page for a single-sided copy; the 1203.4 PC/17(b) PC forms packet at the Clerk's Office for $2.50 or downloaded, a hearing date reserved with the Clerk's Office once the documents are prepared; a fee charged only for motions to vacate and exonerate bail and motions for change of venue; archive requests in person or by mail, six to eight weeks to process, with a research fee of $15.00 without the case number, copies at $0.50 a page, certification at $40.00 and a $10.00 retrieval fee for each file in offsite storage; the defendant appearing personally, or an attorney on the defendant's behalf unless the defendant is ordered to appear; the Clerk's Office advancing a misdemeanor hearing (arraignments only) and a continuance granted only by a judge; an extension of a surrender date requested by an application for a hearing and granted only by a judge; and re-enrollment in the Deferred Judgment Program sought by applying for a hearing date.
Rules 6.00 to 6.10: regular sessions of the appellate division on the second Wednesday of each calendar month at 4:00 p.m. (6.00); ten (10) minutes of oral argument for each party in limited civil and misdemeanor cases and five (5) minutes in infraction cases, the waiver procedure encouraged, and oral argument by videoconference - notice to the Court and all other parties within ten (10) days of the Court's notice, without fee (6.01); briefs under the California Rules of Court, briefs in paper form bound only once in the top left corner and not covered with tape (6.02); a fully briefed matter placed on calendar by the Court Clerk (6.03); law and motion matters decided without a formal hearing unless oral argument is ordered for the next regularly scheduled session (6.04); an electronic recording used as the record of oral proceedings in limited civil, misdemeanor and infraction appeals by stipulation or order (6.05); Wende briefs - the record reviewed in its entirety, counsel's brief summarizing the facts with citations to the record, the appellant advised of the right to file a brief with proof to the Court, briefing ordered on non-frivolous grounds, and no oral argument where no arguable issue is found (6.06); traffic infraction appeals heard by one (1) appellate division judge assigned on a rotating basis, on the same date and at the same time as other appellate division matters (6.07); a Notice of Appeal filed with an original and five (5) copies (6.08); the original trial court file used instead of a Clerk's Transcript (6.09); and the Presiding Judge of the Appellate Division selecting three-judge Appellate Panels, no peremptory challenges, and any challenge for cause served and filed as a motion no later than fifteen (15) days before the date initially set for Oral Argument, decided by the Presiding Judge, a designee or other judges of the Appellate Division (6.10).
A request to reduce the amount owed on a traffic ticket with proof of the lack of financial means, considered at any point but answered only after a plea of guilty or no contest; requests through the MyCitations online tool - a plea and an ability-to-pay request on eligible infractions without going to court, with a payment plan, more time to pay or community service - or on form TR-320/CR320; an additional fee of up to $100 if the date on the citation and reminder notice passes; payment plans approved for no more than $25 per month on an approved ability-to-pay request; misdemeanor and felony fines and fees not eligible; and the online tool not used to contest a citation, attend traffic school or obtain a dismissal or reduction with proof of correction.
Fines due on or before the date set by the court, a failure to pay on time possibly bringing a civil assessment penalty of up to $100; a financial re-evaluation or modification of payments on delinquent cases requested by appearing at the Revenue Recovery Division, no payment extensions granted; payment by mail (major credit card, check or money order - no cash) or in person (also cash and debit card), the case number in hand; checks and money orders payable to Kern County Superior Court with the case number written on them, a service fee for credit and debit card payments; and the clerk's drop boxes at Revenue Recovery (5555 California Avenue, Suite #100, the drive-thru lane, 24 hours/day), the Traffic Court (3131 Arrow St, 24 hours/day), the Juvenile Justice Center (2100 College Ave, the 4th floor) and the Misdemeanor Department (1415 Truxtun Ave, the 1st floor).
Juvenile dependency, delinquency and juvenile traffic matters; juvenile traffic misdemeanors handled by Traffic Court at 3131 Arrow St, the courtesy notice and citation indicating the court branch, the juvenile to appear personally with a parent or legal guardian, present photo ID and have the citation or citation number; Metropolitan Division juvenile traffic court cases heard every 1st and 3rd Wednesday afternoon of each month, arrangements made in person with the Traffic Court on receipt of the courtesy notice and no later than its due date; a juvenile's moving violation an automatic mandatory appearance, other questions or requests made in person with a parent or legal guardian; transfer-in hearings Monday through Friday at 8:00am, the dependency courtrooms J3 and J4; juvenile cases strictly confidential, no information given on the phone and identification required; and the forms and the Superior Court Clerk's Office at the Juvenile Justice Center, 2100 College Ave, 4th floor, for a request to change a court order (JV-180), a request for disclosure of a juvenile case file (JV-570) and a petition to obtain a law enforcement report (JV-575).
Installment payment plans for the majority of delinquent traffic and misdemeanor cases, the full unpaid balance due immediately and in default on a missed payment; monthly payments on delinquent cases requested in person before a Revenue Recovery officer at 5555 California Avenue Suite #100 (a financial evaluation), by telephone from outside Kern County (the Agreement to Satisfy Court Ordered Debt), by mail or facsimile, or online with the Application for Financial Evaluation, the monthly payments set by the Guidelines; an appearance in court before a payment plan can be arranged; fines and fees ordered by the Judge due and payable the day of leaving court; a Civil Assessment up to $100 added for a fine not paid on time (Penal Code section 1214.1), a default possibly bringing probation revocation and referral to the California Franchise Tax Board; and all cases linked into one monthly installment plan.
A Courtesy Notice within a few weeks of a citation, at least 10 days before the appearance date, showing the fine or a mandatory appearance - an appearance on or before the citation's date if none is received; a misdemeanor marked mandatory requiring an appearance or a warrant for failure to appear, other citations paid, sent to traffic school if eligible, or appeared on; a walk-in appearance at the Clerk’s Office on or before the due date for a ticket originating in the Metropolitan area, at the court branch listed on the Courtesy Notice otherwise; juvenile traffic infractions of the Metropolitan Division handled by the Traffic Division at 3131 Arrow Street and heard every 1st and 3rd Wednesday afternoon, arranged in person by the notice's due date, a juvenile's moving violation an automatic mandatory appearance; Traffic Night Court for those unable to attend day court - sign-up with the Traffic Division no later than 4:00pm on the day of the session, one citation or case only, proceedings beginning at exactly 5:00 P.M. at 3131 Arrow St and generally concluded by 7:30 PM, the citation or courtesy notice brought and at least one payment in cash for a payment plan; a new non-delinquent case paid through Metro Traffic Financial Services and delinquent cases through Revenue Recovery; and proof of correction violations (VC 40610(B)) dismissed once corrected and signed off by an authorized representative, submitted with a $25.00 per correctable offense administrative fee.
Court held every Thursday in Dept. 97B; a single-track treatment model program for High Risk/High Needs defendants charged with subsequent Misdemeanor DUI offenses - defendants first appear in their Home Court Department, are screened by the DUI Court Team, and once approved plead guilty to the DUI charges, a jail sentence imposed and stayed; defendants who decline referred back to their home court; Track I (treatment needs) and Track II (accountability and compliance); an Alcohol Monitoring Device within 5 days of sentencing, violations possibly resulting in remand into custody; enrollment in the SB38 18 month DMV Multiple Offender Program with proof of attendance; the referral, phase requirement, phase advancement and financial assessment (PCR-101) forms; and the DUI Court Policies and Procedures manual and the Participant Handbook.
The court's Mental Health Diversion (MHD) processes for misdemeanor and felony cases under Penal Code section 1001.36: the eligibility requirements - a mental disorder identified in the most current edition of the DSM that played a significant role in the commission of the charged offense - and the suitability requirements - the opinion of a qualified mental health expert (QMHE), consent to diversion and a time waiver, agreement to comply with treatment, no unreasonable risk of danger to public safety, and a program that will meet the defendant's specialized mental health treatment needs; the offenses not eligible; Phase I - defense counsel to inform the judge in the home court, the completed application filed online and routed to the MHD desk, a hearing within two to three weeks of filing (in custody) or three to four weeks (out of custody), no case set for an MHD hearing without a completed application, an “Authorization to Release Private Health Information” (HIPAA) waiver, and the application's motion and exhibits (the QMHE report, confidential under CRC rule 2.550, a release of information, the QMHE's curriculum vitae and the police reports); a suitability statement at least FIVE COURT DAYS before the eligibility hearing, opposition papers no later than TWO COURT DAYS before the hearing, and a restitution hearing on request; Phase II - a review hearing one month after acceptance, up to two years to complete treatment (one year for misdemeanors), review hearings monthly in the first six months, bimonthly in the second six months and every three months in the second year, and progress reports at least three court days before any hearing; dismissal of the charges on successful completion, motions to dismiss generally not considered earlier than 18 months after admission; Phase III - termination, modification or referral for conservatorship; confidentiality, ROI forms and confidential envelopes; and disqualification - mental health diversion matters heard by the judge regularly assigned to 97B and set a minimum of 14 days before the hearing, the 5-day notice requirement strictly adhered to.
The MyCitations online tool for ability-to-pay requests on eligible infractions (a plea of guilty or no contest first; a reduction, a payment plan, more time to pay or community service; also for cases in collections; not for misdemeanor or felony fines, contesting, traffic school or proof of correction); an additional fee of up to $100 if no action by the date on the citation and courtesy notice; payment plan forms TR-300 and TR-310 discussed with a clerk and mailed no later than ten days before the initial appearance date; form TR-320 filed before the due date (with a plea of guilty or no contest) or after, including for cases in collections, decided by a judge and the decision mailed; or an appearance at arraignment or within the 30 days after a Decision and Notice of Decision from a trial by declaration in absentia, in person or by Zoom.
The court's local form ALP-CR-002 (Optional Form, New 07/01/2024), Request for Remote Appearance (Misdemeanor/ Felony): the form to use to request to appear remotely in a criminal case, also usable to notice all other parties of the request; the person who requests to appear remotely via Zoom (the defendant, the attorney or co-counsel for the defendant, or another), the hearing, and a proceeding that may require judicial approval, with the reasons, or one preauthorized for approval pursuant to Alpine County Superior Court Local Rule 1.7, California Rules of Court, or other statutory law; the name, role, email address and phone number of each person requesting to appear via Zoom, and contact information redacted on request; counsel's representation that the client has consented, will appear in person or requests to appear remotely and waives the right to appear personally, and that the terms and conditions were fully explained, understood and agreed to; the terms and conditions of remote appearances for criminal proceedings - conduct as though appearing in court in person; no scheduling conflicts, readiness throughout the entire calendar session and no other activity during the hearing; a failure of connection or a dropped call that the court may consider a failure to appear, the court then able to vacate the hearing, proceed, make rulings in the party's absence or issue a bench warrant, with a bail up to and including a no bail warrant; the remote appearance terminable for any disruption, noise, misconduct, miscommunication or technical problem; the court's discretion at all times to require any person to appear in person or to continue the hearing; and no photographing, recording, or broadcasting except as provided in California Rules of Court Rule 1.150, violators cited for contempt or subject to monetary sanctions; the clerk's or the judicial officer's decision; and the clerk's certificate of service on the Alpine County District Attorney.
Chapter 6 (Rules 6.1 to 6.8.2): disposition goals consistent with Standard 2.2 of the Standards of Judicial Administration - misdemeanor cases ninety percent (90%) concluded within thirty (30) days after arraignment and one hundred percent (100%) within one hundred and twenty (120) days, felony preliminary examinations one hundred percent (100%) within ninety (90) days, felony trials one hundred percent (100%) concluded by the second trial period following arraignment on information (6.1 to 6.1(C)); the court to utilize the Alpine County and Uniform Bail Schedules when setting bail on an arrest warrant (6.2.1 to 6.2.5); arraignment completed and plea entered on the first day scheduled, persons appearing without counsel to file a Statement of Rights, and demurrers heard not later than the second week following the first appearance (6.3.1 to 6.3.3); counsel appearing at arraignment to announce counsel's name, the defendant's true name, the plea(s) and whether time is waived (6.3.4 to 6.3.4(H)); counsel may request a deferred arraignment/initial pre-trial conference on misdemeanors and infractions by letter, including facsimile, received at least one (1) court day prior to the hearing with proof of service on the District Attorney, a binding commitment by counsel to representation of the defendant (6.3.5 to 6.3.5(H)); misdemeanor scheduling - Initial Pre-Trial (IPT) generally not later than four (4) weeks after arraignment, Final Pre-Trial (FPT) generally forty-five (45) days prior to trial, Trial Readiness and Management Conference (TRMC) within fourteen (14) days of trial, and motions specially set to be heard not later than one (1) week before TRMC (6.3.6 to 6.3.6(F)); felony scheduling - Pre-Preliminary Conference (PPX) generally two (2) weeks after arraignment on complaint, Preliminary Examination (PX) generally not later than four (4) weeks after arraignment on complaint, Information arraignment generally two (2) weeks following holding order, Initial Pre-Trial (IPT) four (4) weeks after arraignment on Information, Final Pre-Trial (FPT) forty-five (45) days prior to trial, TRMC within fourteen (14) days of trial (6.3.7 to 6.3.7(I)); defendants personally present at Final Pre-trial Conferences, notwithstanding PC section 977, and no disposition negotiations after final Pre-trial Conference except pursuant to written motion and showing of good cause (6.3.8 to 6.3.9); all parties to file and serve a TRMC Statement ten (10) days prior to that conference, including motions in limine, proposed voir dire, proposed jury instructions and verdict form, a list of anticipated witnesses, a time estimate and a list and copy of all evidentiary exhibits (6.3.11); multiple cases set for the same trial period to proceed in order - no time waiver, in-custody defendants, felonies ahead of misdemeanors, then earliest filing date - trailing cases trailed day-to-day on one-half day notice, and counsel and defendants to appear at 8:30 a.m. on the first day of a scheduled trial (6.3.12 to 6.3.14); discovery reciprocal and governed by PC sections 1054-1054.7, informal requests for discovery deemed to occur at arraignment (6.4.1 to 6.4.2); PC sections 1192.5 and 1192.6 to apply also to a plea of guilty or no contest to a misdemeanor offense involving use of a weapon, the infliction of any injury, domestic violence, and/or aggravating facts, the defendant to state the terms of a conditional plea, and the District Attorney its approval, reasons and recommendation, on the record (6.5.1 to 6.5.1(D)); pleas to all felonies and to offenses with special sentence consequences accomplished by the contemporaneous filing of a fully executed relevant change of plea form, pleas pursuant to People v. West accompanied by a statement of factual basis (6.5.2 to 6.5.7); motions to continue which fail to comply with PC section 1050 disfavored (6.6.1 to 6.6.2); judgment and sentencing/probation hearings held not later than the fourth week following plea or verdict, time served in county jail satisfied by custody in El Dorado County (Placerville or South Lake Tahoe), and delayed surrender only upon a showing of good cause with a waiver pursuant to People v. Cruz, 44 Cal.3d 1247, and People v. Masloski, 25 Cal.4th 1212 (6.7.1 to 6.7.2); and any pleading of eight or more pages accompanied by an additional copy marked "Working Copy", a courtesy working copy to a visiting judge (6.8.1 to 6.8.2).
As of July 1, 2022, all misdemeanor and felony appearances accomplished in person, designated hearing appearances possibly permitted via Zoom - defendants, attorneys and/or witnesses intending to appear via Zoom requested to file Request for Remote Appearance: Criminal at least 10 days prior to the court date; payment by check or money order (do not send cash) with the case number, checks payable to 'Sierra Superior Court', mailed to P.O. Box 476, Downieville, CA 95936 or hand delivered to 100 Courthouse Square, or by credit card online; the court date on the citation, notice of hearing, signed promise to appear or notice to appear, questions to the Criminal Division at (530) 289-3698 during the hours of 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m.; public defender, drug court and probation fees collected by the Sierra County Treasurer / Tax Collector, P.O. Box 376, (530) 289-3286.
The court's request for remote appearance in a criminal case (the form the Forms & Filing list numbers SIE-0035, dated 9/18/2023, and the Criminal page links as “Request for Remote Appearance: Criminal”): the hearing set, the requester (the attorney or co-counsel for the defendant, the defendant or another), the hearing type - certain hearing types requiring judicial authorization and notice to the other side - with the reasons, or a pre-authorization by a judicial officer granted on the record, and the name, role, email address and phone number of each person requesting to appear by video; counsel's representation of the client's consent and authorization or the defendant's waiver of a personal appearance, and counsel's own means to communicate privately and confidentially with the client, the court providing none; and the terms and conditions accepted by signing - no assistance from anyone other than counsel of record, a court certified interpreter or an individual appointed and/or approved by the Court; courtroom civility and decorum, a remote appearance the equivalent of an in-person appearance; readiness at the calendar time and no other activity during the hearing; a failure of connection or a dropped call that the Court may consider a failure to appear, the court able to drop the hearing from the calendar, proceed, make rulings in the absence of an appearance or issue a bench warrant, with bail up to and including a no bail warrant; the remote appearance terminable for any disruption, noise, misconduct, communication or technical problem; the Court's discretion to require a personal appearance or continue the hearing, time for trial waived if the hearing is continued (misdemeanor 30 days in custody; 45 days out of custody; the 10-court day and 60-calendar day rules for a preliminary hearing; 60 days for felony trial), and fees and/or costs of a continuance; and no photographing, recording, or broadcasting except as provided in California Rules of Court, rule 1.150; the request pre-authorized by the clerk or granted or denied by a judicial officer.
Appendix A (sections A to L): the Appellate Division to convene at times and places designated by the Presiding Judge of the Appellate Division (A); the Presiding Judge of each participating court or their designee to act as the Appellate Division Presiding Judge, rotating every two years, commencing January 1, 2020, in the order Modoc, Sierra, Lassen, and Plumas, to oversee the processing of appeals, appoint the panel judge(s), designate the presiding judge of each panel and act upon routine matters (B); briefs bound on the top with covers in the colors of California Rules of Court, rule 8.40(a), no copies required because briefs are submitted to the appellate panel judges electronically, and briefs filed by fax filing or electronically filed not required to be bound or to have covers (C); all motions presented to the presiding judge of the Appellate Division, or to the presiding judge of the panel where a panel designation has been made (D); motions for augmentation and correction of the record, and for the addition of omitted portions, under rule 8.841, to set forth good cause and any previous motions, and to identify each paper, record, or exhibit requested (E); the sessions not reported by a court reporter unless a party so requests at least one week prior to the date set for the hearing (F); applications for a waiver of fees and costs made pursuant to rule 8.818 (G); appointed counsel for a Defendant appealing a misdemeanor conviction who was represented by appointed counsel at trial or otherwise met the criteria, applications under rule 8.851 decided by the presiding judge without a hearing, and appointments made from the list of attorneys maintained by the Appellate Division (H); electronic filings accepted during normal business hours, each document to contain the phrase “Electronically Submitted” immediately below its title, the original signed document in the filer's possession or control, its examination on a demand for production, a signature produced by electronic transmission an original, filings sent to superiorcourt@sierracourt.org with a cover sheet, and an order deeming documents received nunc pro tunc when a technical problem precludes filing (I); the presiding judge of the panel may permit appearances at oral argument by videoconference provided all the following conditions are met (J); an official electronic recording transmitted to the Appellate Division as the record of oral proceedings in a limited civil, misdemeanor or infraction case when the appellant elects a statement on appeal (K); and, except as modified, the California Rules of Court (commencing with rule 8.800 et seq.) to apply, applications presented to the designated presiding judge of the assigned panel or to the Presiding Judge of the Appellate Division (L).
Rule 5 (Rules 5.1 to 5.5): the Court incorporates by reference the requirements of California Rules of Court, Rule 4.111, on the making and timing of pretrial motions, a motion not timely filed for the assigned hearing date without good cause demonstrated that may be deemed waived, and a copy of any authority other than California cases, statutes, constitutional provisions or State or local rules - and of a California case cited before it is published in the Advance Sheets - attached and tabbed as exhibits (5.1); discovery in criminal actions reciprocal and governed by Penal Code §§ 1054 et seq., a standing order in each criminal action deemed made and communicated at the time of arraignment, an informal request of opposing counsel in writing in the manner required by Penal Code § 1054.5(b) before a party may seek Court enforcement, “Boilerplate” discovery motions disfavored, and counsel to meet and confer before the hearing of any discovery motion (5.2); motions to continue the trial of a criminal case disfavored and denied unless the moving party, pursuant to Penal Code § 1050, establishes that the interests of justice require a continuance (5.3); matters not added to the court's criminal calendars at the request of the District Attorney and/or Defense Counsel unless a stipulation or formal, properly-noticed motion is filed - a stipulation filed jointly on SIE-0043 Stipulation of District Attorney and Defense Counsel to Add Criminal Matter to Calendar, with a proposed date and time, misdemeanor matters heard on Tuesdays and felony matters on Thursdays preceding the 2nd and 4th Friday of the month at 9:00 a.m., filed at least five (5) days prior to the desired hearing date and signed by both the District Attorney and Defense Counsel (5.4); and ability-to-pay requests - a fine reduction, a payment plan on cases not in Collections status, a fine conversion to community service - added to the Criminal or Traffic calendar only on SIE-0044 Request: Add Matter to Criminal or Traffic Calendar for Addressing Ability-to-Pay, filed at least five (5) days before the desired hearing date, with all documentation (e.g. proof of income, current financial declaration, etc.) submitted at the time of the hearing (5.5).
A person unable to pay the full fine for an infraction offense (including most traffic tickets) asking the court to reduce it on proof of inability to pay, or for community service, a payment plan or an extension of time - the court answering only after a plea of guilty or no contest; the request made through the court's online request tool or on form TR-320/CR320, Can't Afford to Pay Fine: Traffic and Other Infractions, filed with the Clerk's Office at 205 S. East Street Alturas in person or by mail; an additional fee of $300 possibly added to a delinquent case after notifications; installment payments as low as $25 per month; the clerk's office at (530) 233-6516 ext. 1213; a case in collections using the online tool, a misdemeanor case only the forms.
Court appearances mandatory on criminal misdemeanor and felony cases and on some infractions, the defendant appearing on the date and time on the release paper or arraignment letter and reporting to the Clerk's Office with identification and the jail release paperwork, notice to appear, bail or bond receipts or arraignment letter (failure to appear may result in a warrant); fines due by the date the judge specifies, paid by mail, in person or through a work program referral by the court (arranged by appearing in court), in cash, personal check, money order or credit/debit card, checks payable to Modoc Superior Court with the case number on the check - unpaid fines without a payment plan referred to the Collections Department, a warrant possible; court-appointed counsel requested of the judge at the first appearance on a financial declaration, a hearing at the end of the case on reimbursement; copies of criminal records requested in writing or at the clerk's office, not by telephone - a check to Modoc Superior Court as stated on the Statewide Civil Fee Schedule (a certified copy an extra $40.00 fee plus $0.50 per copy per page), a stamped envelope addressed to the requester, the defendant's first and last name, the case number if known and the documents wanted; the page quotes Section 1214.1(a) of the Penal Code on a civil assessment of up to three hundred dollars ($300); the Modoc County Victim Witness Advocate at (530) 233-3311.
A citation for a misdemeanor violation or one that indicates a mandatory appearance requiring an appearance at the Superior Court by 2:00 PM on the appearance date; a failure to appear or pay by the appearance date bringing one or more of a warrant, a DMV hold on or refusal to renew driving privileges, a civil assessment of $300.00 and referral to a private collection agency; driver's license, insurance, vehicle registration and mechanical violations dismissed on proof of correction (POC) with the POC fee by mail or in person by the due date - equipment violations signed off by a law enforcement officer, insurance certified by a clerk, license and registration at the DMV or the court; a courtesy notice stating the bail and the date, the traffic division at (530) 233-6516 ext. 1213 if none arrives five days before the appearance date; a not guilty plea by mail by scheduling a court trial or requesting a trial by declaration - the total bail sent five days before the appearance date, the request made by calling ext. 1213, the declaration forms mailed by the clerk and the bail held in a trust account until the case is decided; a not guilty plea in person by calling before the appearance date; a fine reduction for ability to pay through the MyCitations website.
Appendix A, Appellate Division Local Rules (effective 7/1/24, as amended 04/01/2024; A to M): the Appellate Division to convene at times and places designated by the Presiding Judge of the Appellate Division (A); the Presiding Judge of each participating court or their designee to act as the Appellate Division Presiding Judge, rotating every two years, commencing January 1, 2020, in the order Modoc, Sierra, Lassen, and Plumas, to oversee the processing of appeals and appoint the panel judge(s) (B); all briefs bound on the top, with covers in colors as designated by California Rules of Court, rule 8.40(a), no copies required, briefs filed by fax or electronically not required to be bound (C); all motions, including ex parte applications, presented to the presiding judge of the Appellate Division or, where a panel designation has been made, to the presiding judge of the panel (D); motions for augmentation and correction of the record or for additions under rule 8.841 to set forth good cause and any previous motions and to specifically identify each paper, record, or exhibit requested (E); sessions not reported by a court reporter unless a party so requests at least one week prior to the hearing (F); applications for a waiver of fees and costs under rule 8.818 (G); a defendant appealing a misdemeanor conviction who was represented by appointed counsel at trial, or has met the criteria, entitled to appointed counsel on appeal, applications under rule 8.851, appointments made from the list of attorneys maintained by the Appellate Division (H); fax filings accepted during normal business hours at 530-233-6500, each document with the phrase “By Fax” immediately below its title and accompanied by the Facsimile Transmission Cover Sheet (MC-005) as the first page, a party who files a signed document by fax represents that the original is in their possession or control, and a motion to file nunc pro tunc on an error in transmission, with the transmission record and a proof of transmission (I); electronic filings accepted during normal business hours, each document with the phrase “Electronically Submitted” immediately below its title, sent to clerk@modoc.courts.ca.gov with a cover sheet with the name, address, telephone number and email address of the party making the filing, the date submitted, the document submitted and the total number of pages, and an order deeming documents received nunc pro tunc when a technical problem precludes the court from receiving them (J); the presiding judge of the panel to permit appearances by videoconference at oral argument provided all the following conditions are met (K); an official electronic recording transmitted as the record of oral proceedings in a limited civil, misdemeanor or infraction case when the appellant elects a statement on appeal (L); and except as modified, the California Rules of Court (commencing with rule 8.800 et seq.) to apply to the Appellate Division, applications presented to the designated presiding judge of the assigned panel or the Presiding Judge of the Appellate Division (M).
Chapter 6 (Rules 6.01 to 6.05): the filing agency to submit two copies of the charging document for each defendant, complaints charging in-custody defendants filed no later than one (1) hour before the defendant's first appearance and out-of-custody defendants no later than two (2) days before it (6.01); out-of-court requests for the increase or reduction of bail made, if practicable, to the judge who set such bail, a person requesting a reduction or increase to disclose all prior applications, no defense application for bail or O.R. considered unless the District Attorney has been given adequate notice, and on a Source of Bail Order under Penal Code §1275 a declaration or offer of proof filed and personally served on the District Attorney no later than twenty-four (24) hours before the hearing, the defendant to produce the bail agent, the person proposing to pay the premium and the person proposing to provide the security if so directed (6.02); requests for arrest warrants and search warrants first presented to the District Attorney or Attorney General for approval in writing, and search warrant returns presented to the Clerk (6.03); a Public Defender present for all in-custody arraignment calendars whenever available, a continuance to obtain private counsel generally not beyond fourteen (14) calendar days, the Court to schedule misdemeanor and felony cases not resolved at arraignment for a pretrial or settlement conference approximately two (2) weeks after the arraignment, the defendant personally present at the felony plea/disposition conference unless excused in advance, a preliminary examination set within two (2) weeks if no conference is set, and the case assigned for all purposes to the bench officer presiding over the arraignment (6.04); and leave of court required for filing an amended Complaint or Information after a plea (Penal Code §1009), the amended pleading lodged, the Clerk to mark it “received”, the Court to determine any objection at the next calendared hearing or the party to place the matter on calendar by filing a noticed motion, and the party lodging it to serve a copy immediately on all other counsel or parties (6.05).