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).
CHAPTER 6: CRIMINAL CASE RULES RULE 6. CRIMINAL CASE MANAGEMENT RULE 6.1. DISPOSITION GOALS. The court endeavors to achieve criminal case disposition consistent with Standard 2.2 of the Standards of Judicial Administration (Appendix to CRC) as follows: A. MISDEMEANOR CASES: 1. Ninety percent (90%) concluded within thirty (30) days after arraignment. Re-lettered and renumbered rule 6.1.A.1. eff. 1/
Reviewer note: Composed 2026-10-14 (California T4 Alpine build 2026-10-14) from BenchPath custody ca/t4/ca-alpine/docs/local-rules/local-rules-2024.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALPINE LOCAL RULES OF COURT EFFECTIVE JULY 1, 2024”, as fetched 2026-10-14; 937850 bytes, sha256 031af390c6d443c8fbd57f2b0b0f13150ca621bfca6b544c837f2e8e119ac3af; 41 pages; this part PDF pages 27 to 38, printed pages 22 to 33) with the shared verbatim composer (v2 reflow): the general information and the rules (PDF pages 9 to 39, printed pages 4 to 34) composed as one text and cut at the part headings - “GENERAL INFORMATION ABOUT THE ALPINE COUNTY SUPERIOR COURT” and “CHAPTER 1: GENERAL COURT RULES” to “CHAPTER 7: TRAFFIC RULES”, each matched once as a whole line (a chapter may begin mid-page); the running header of every page (“Superior Court of California, County of Alpine” and “Effective July 1, 2024”, named) and the page number at its foot (“4” on PDF page 9, named and a whole line in its band - every printed number is the PDF page less 5) removed as chrome, with the twenty copies of four line tails the Word export drew again at the same place (the composer's overprint rule: a glyph drawn twice at one place prints once) - 82 chrome lines; lines reflowed into the rules' paragraphs, each rule's heading (“RULE 1.1. CITATION OF RULES”, “RULE 1.7.1 CIVIL CASES ...”), each lettered or numbered subdivision and each history line starting a line; the strike report (review/strike-report-2026-10-14.txt) finds no struck run on the book's 41 pages; 6 whitespace-only fixes (build/book-fixes.json: two rule references the pages wrap before “Rule”, a history wrapped before “(3)” and one before its rule reference, each rejoined; a paragraph the reflow ran across a page break, split; and the form number “RA-010”, closed up); the vertical-gap, short-line, page-break and false-break audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; the book's own text kept as printed (“for an any evidentiary hearing”, “eff. eff.”, “CCP sections 583.3100-0583.430”, “eff. January 12010”, “Cruz/Masolski”); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the adoption and certification page (2, a scan), the table of contents (3 to 5), the list of currently effective rules (6 and 7), the list of local forms (8) and the index (40 and 41) belong to no card. Review note: Rule 6.2.5 sets bail on an arrest warrant by “the Alpine County and Uniform Bail Schedules”; Rule 3.10 (carded with Chapter 3) adopts the El Dorado County court's countywide schedule. Rule 6.5.2's history prints “eff. January 12010” and Rule 6.7.2 “a similar Cruz/Masolski acknowledgment”, as printed.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > Third Appellate District > Alpine County > Superior Court of California, County of Alpine
CHAPTER 6: CRIMINAL CASE RULES RULE 6. CRIMINAL CASE MANAGEMENT RULE 6.1. DISPOSITION GOALS. The court endeavors to achieve criminal case disposition consistent with Standard 2.2 of the Standards of Judicial Administration (Appendix to CRC) as follows: A. MISDEMEANOR CASES: 1. Ninety percent (90%) concluded within thirty (30) days after arraignment. Re-lettered and renumbered rule 6.1.A.1. eff. 1/1/2011; eff. as rule 6.1.1) a) eff. 1/1/2007; previously amd. eff. 1/1/2008 and 1/1/2010. 2. Ninety-eight percent (98%) concluded within ninety (90) days after arraignment. Re-lettered and renumbered rule 6.1.A.2. eff. 1/1/2011; eff. as rule 6.1.1) b) eff. 1/1/2007; previously amd. eff. 1/1/2008 and 1/1/2010. 3. One hundred percent (100%) concluded within one hundred and twenty (120) days after arraignment. Re-lettered and renumbered rule 6.1.A.3. eff. 1/1/2011; eff. as rule 6.1.3)(c) eff. 1/1/2007; previously amd. eff. 1/1/2008 and 1/1/2010. B. FELONY PRELIMINARY EXAMINATIONS: 1. Ninety percent (90%) concluded within thirty (30) days after arraignment. Re-lettered and renumbered rule 6.1.B.1. eff. 1/1/2011; eff. as rule 6.1,2)a) eff. 1/1/2007; previously amd. eff. 1/1/2008 and 1/1/2010. 2. Ninety-eight percent (98%) concluded within forty-five (45) days after arraignment. Re-lettered and renumbered rule 6.1.B.2. eff. 1/1/2011; eff. as rule 6.1.2)b) eff. 1/1/2007; previously amd. eff. 1/1/2008 and 1/1/2010. 3. One hundred percent (100%) concluded within ninety (90) days after arraignment. Re-lettered and renumbered rule 6.1.B.3. eff. 1/1/2011; eff. as rule 6.1.2)c) eff. 1/1/2007; previously amd. eff. 1/1/2008 and 1/1/2010. C. FELONY TRIALS: One hundred percent (100%) concluded by the second trial period following arraignment on information (see Rule 3.6). Re-lettered rule 6.1.C. eff. 1/1/2011; eff. as rule 6.1.3) eff. 1/1/2007; previously amd. eff. 1/1/2008 and 1/1/2010. RULE 6.2. FILING OF ACCUSATORY PLEADINGS AND REQUESTS FOR WARRANTS RULE 6.2.1. The filing of accusatory pleadings shall include an original and one copy for each defendant. Amd. eff. 1/1/2008; eff. 1/1/2007. RULE 6.2.2. Upon the filing of accusatory pleadings against or charging a codefendant in a companion case and arising out of the same incident, the District Attorney shall conspicuously make note of the name of the codefendant within each subsequent pleading presented to the court for filing. Amd. eff. 1/1/2011; eff. 1/1/2007; repealed eff. 1/1/2008; re-enacted and amd. eff. 1/1/2010. RULE 6.2.3. [REPEALED 2008] Rule 6.2.3. repealed eff. 1/1/2008; eff. 1/1/2007. The repealed rule related to accusatory pleadings involving persons not in custody. RULE 6.2.4. Oral amendments and interlineations to accusatory pleadings once filed are disfavored. Amd. eff. 1/1/2008; eff. 1/1/2007. RULE 6.2.5. When setting bail on an arrest warrant the court will utilize the Alpine County and Uniform Bail Schedules, unless the request for the warrant includes a specific request and showing of good cause for a different bail amount. Amd. eff. 1/1/2008; eff. 1/1/2007. RULE 6.3. CRIMINAL CASE MANAGEMENT Rule 6.3. amended and renumbered eff. 1/1/2010; eff. as rule 6.6. eff. 1/1/2007; previously amd. eff. 1/1/2008. RULE 6.3.1. Except as otherwise provided herein, arraignment shall be completed and plea entered on the first day scheduled, whether such proceeding is on complaint or information. Rule 6.3.1. amd. and renumbered eff. 1/1/2010; eff. as rule 6.4.1. eff. 1/1/2007; previously amd. eff. 1/1/2008. RULE 6.3.2. Persons appearing without counsel shall file a Statement of Rights upon the calling of the matter. Such persons who desire to consult with and/or retain counsel before concluding arraignment shall, upon request and time waiver, be granted a reasonable continuance of arraignment for such purpose, not to exceed two weeks. Rule 6.3.2. amd. and renumbered eff. 1/1/2010; eff. as rule 6.4.3. eff. 1/1/2007. RULE 6.3.3. Pleas of not guilty entered at arraignment will be deemed to include reservation of right to demur or to make motions. Demurrers shall be filed so as to be heard not later than the second week following the first appearance. Rule 6.3.3. amd. and renumbered eff. 1/1/2010; eff. as rule 6.4.5. eff. 1/1/2007; previously amd. eff. 1/1/2008. RULE 6.3.4. Counsel appearing at arraignment, including combined arraignment/pre-trial conference pursuant to Local Rule 6.3.5, shall announce the following upon the calling of the case: Rule 6.3.4. amd. and renumbered eff. 1/1/2011; eff. as rule 6.4.6. eff. 1/1/2007; repealed eff. 1/1/2009; re-enacted and amd. eff. 1/1/2010. A. Counsel’s name, and whether appearing for the defendant who is absent or present, and defendant’s custody, bail, or other out-of-custody status. Rule 6.3.4.A. re-lettered eff. 1/1/2011; eff. as rule 6.4.6. (1) eff. 1/1/2007; repealed eff. 1/1/2009; re-enacted and amd. eff. 1/1/2010. B. Defendant’s true name. Rule 6.3.4.B. re-lettered eff. 1/1/2011; eff. as rule 6.4.6. (2) eff. 1/1/2007; repealed eff. 1/1/2009; re-enacted and amd. eff. 1/1/2010. C. Whether copy of complaint/information has been received or receipt is waived. Rule 6.3.4.C. re-lettered eff. 1/1/2011; eff. as rule 6.4.6. (3) eff. 1/1/2007; repealed eff. 1/1/2009; re-enacted and amd. eff. 1/1/2010. D. Whether counsel has advised defendant of the charges, possible pleas and defenses, potential direct consequences of conviction, and his/her constitutional and statutory rights, including those relevant to time limits. Rule 6.3.4.D. re-lettered eff. 1/1/2011; eff. as rule 6.4.6. (4) eff. 1/1/2007; repealed eff. 1/1/2009; re-enacted and amd. eff. 1/1/2010. E. Waiver of arraignment and advisement of rights or request for arraignment and advisement of rights by the court. Rule 6.3.4.E. re-lettered eff. 1/1/2011; eff. as rule 6.4.6. (5) eff. 1/1/2007; repealed eff. 1/1/2009; re-enacted and amd. eff. 1/1/2010. F. Plea(s) to be entered, or reason none is to be entered. Rule 6.3.4.F. re-lettered eff. 1/1/2011; eff. as rule 6.4.6. (6) eff. 1/1/2007; repealed eff. 1/1/2009; re-enacted and amd. eff. 1/1/2010. G. Whether time is waived generally, to a specific date, or not waived. Waiver of time for preliminary examinations shall include specific reference to both ten (10) and sixty (60) day provisions of the Penal Code. Rule 6.3.4.G. re-lettered eff. 1/1/2011; eff. as rule 6.4.6. (7) eff. 1/1/2007; repealed eff. 1/1/2009; reenacted and amd. eff. 1/1/2010. H. If not previously occurring, that arrangement for the defendant’s booking has been made with the Alpine County Sheriff. Counsel shall advise the court for the defendant’s booking status at the hearing. Rule 6.3.4.H. re-lettered eff. 1/1/2011; eff. as rule 6.4.6. (8) eff. 1/1/2007; repealed eff. 1/1/2009; re-enacted and amd. eff. 1/1/2010. RULE 6.3.5. Unless defendant’s appearance is required by law or otherwise ordered by the court, counsel may defer arraignment and 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 and demonstrating proof of service on the District Attorney. Such requests shall be construed as a binding commitment by counsel to representation of the defendant. Such requests shall be on letterhead stationery of the attorney and shall contain all of the following: Rule 6.3.5. renumbered eff. 1/1/2010; eff. as rule 6.4.7. eff. 1/1/2007; previously amd. eff. 1/1/2008. A. Statement of representation. B. Defendant’s true name. Rule 6.3.5.B. amd. and re-lettered eff. 1/1/2011; eff. as rule 6.4.7. (2) eff. 1/1/2007; amd. and renumbered as rule 6.3.5. (2) eff. 1/1/2008. C. Date of scheduled arraignment. Rule 6.3.5.C. amd. and re-lettered eff. 1/1/2011; eff. as rule 6.4.7. (3) eff. 1/1/2007; amd. and renumbered as rule 6.3.5. (3) eff. 1/1/2008. D. Statement that counsel has advised defendant of the charges, possible pleas and defenses, potential direct consequences of conviction, and his/her constitutional and statutory rights, including those relevant to time limits. Rule 6.3.5.D. amd. and re-lettered eff. 1/1/2011; eff. as rule 6.4.7. (4) eff. 1/1/2007; amd. and renumbered as rule 6.3.5. (4) eff. 1/1/2008. E. Request for deferred arraignment to Initial Pre-Trial Conference and general waiver of time for all future proceedings, including trial. Rule 6.3.5.E. amd. and re-lettered eff. 1/1/2011; eff. as rule 6.4.7. (5) eff. 1/1/2007; amd. and renumbered as rule 6.3.5. (5) eff. 1/1/2008. F. Requested date for deferred arraignment/initial pre-trial conference within four (4) weeks of scheduled first appearance. Rule 6.3.5.F. amd. and re-lettered eff. 1/1/2011; eff. as rule 6.4.7. (6) eff. 1/1/2007; amd. and renumbered as rule 6.3.5. (6) eff. 1/1/2008. G. If not previously occurring, that arrangement for the defendant’s booking has been made with the Alpine County Sheriff. Counsel shall advise the court of the defendant’s booking status at the next hearing. Rule 6.3.5.G. amd. and re-lettered eff. 1/1/2011; eff. as rule 6.4.7. (7) eff. 1/1/2007; amd. and renumbered as rule 6.3.5. (7) eff. 1/1/2008. H. If defendant is free on bail bond, acknowledgment by defendant that such bond shall continue in full force and effect. Rule 6.3.5.H. amd. and re-lettered eff. 1/1/2011; eff. as rule 6.4.7. (8) eff. 1/1/2007; amd. and renumbered as rule 6.3.5. (8) eff. 1/1/2008. RULE 6.3.6. MISDEMEANOR SCHEDULING: Upon entry of plea of not guilty, future hearings will be scheduled as follows: A. Initial Pre-Trial (IPT) – generally not later than four (4) weeks after arraignment. Rule 6.3.6.A. re-lettered eff. 1/1/2011; eff. as rule 6.3.6. (1) eff. 1/1/2010. B. Final Pre-Trial (FPT) – generally forty-five (45) days prior to trial. Rule 6.3.6.B. re-lettered eff. 1/1/2011; eff. as rule 6.3.6.(2) eff. 1/1/2010. C. [REPEALED 2011] Rule 6.3.6.C. re-lettered and repealed eff. 1/1/2011; eff. as rule 6.3.6. (3) eff. 1/1/2010. The repealed rule related to Case Management Conferences. D. Trial Readiness and Management Conference (TRMC) – within fourteen (14) days of trial per Local Rule 6.3.11. Rule 6.3.6.D. amd. and re-lettered eff. 1/1/2011; eff. as rule 6.3.6. (4) eff. 1/1/2010. E. Trial – generally not later than the second pre-trial session after arraignment, with general trial waiver. Rule 6.3.6.E. amd. and re-lettered eff. 1/1/2011; eff. as rule 6.3.6. (5) eff. 1/1/2010. F. Motions – Specially set to be heard not later than one (1) week before TRMC. (Excluding trial motions in limine). Rule 6.3.6.F. amd. and re-lettered eff. 1/1/2011; eff. as rule 6.3.6. (6) eff. 1/1/2010. RULE 6.3.7. FELONY SCHEDULING: Upon entry of plea of not guilty, future hearings will be scheduled as follows: Amd. eff. 1/1/2011; eff. eff. 1/1/2010. A. Pre-Preliminary Conference (PPX) – generally two (2) weeks after arraignment on complaint. Rule 6.3.7.A. re-lettered eff. 1/1/2011; eff. as rule 6.3.7. (1) eff. 1/1/2010. B. Preliminary Examination (PX) – generally not later than four (4) weeks after arraignment on complaint. Rule 6.3.7.B. re-lettered eff. 1/1/2011; eff. as rule 6.3.7. (2) eff. 1/1/2010. C. Information arraignment – generally two (2) weeks following holding order. Rule 6.3.7.C. re-lettered eff. 1/1/2011; eff. as rule 6.3.7. (3) eff. 1/1/2010. D. Initial Pre-Trial (IPT) – generally not later than four (4) weeks after arraignment on Information. Rule 6.3.7.D. re-lettered eff. 1/1/2011; eff. as rule 6.3.7. (4) eff. 1/1/2010. E. Final Pre-Trial (FPT) – generally forty-five (45) days prior to trial. Rule 6.3.7.E. re-lettered eff. 1/1/2011; eff. as rule 6.3.7. (5) eff. 1/1/2010. F. [REPEALED 2011] Rule 6.3.7.F. re-lettered and repealed eff. 1/1/2011; eff. as rule 6.3.7. (6) eff. 1/1/2010. Repealed rule related to Case Management Conference. G. Trial Readiness and Management Conference (TRMC) within fourteen (14) days of trial per Rule 6.3.11. Rule 6.3.7.G. amd. and re-lettered eff. 1/1/2011; eff. as rule 6.3.7. (7) eff. 1/1/2010. H. Trial – generally not later than the second pre-trial session after arraignment on information, with general time waiver. Rule 6.3.7.H. amd. and renumbered eff. 1/1/2011; eff. as rule 6.3.7. (8) 1/1/2010. I. Motions – specially set to be heard not later than one (1) week before PX and/or TRMC (excluding trial motions in limine). Rule 6.3.7.I. amd. and re-lettered eff. 1/1/2011; eff. as rule 6.3.7. (9) 1/1/2010. RULE 6.3.8. In the event case is not previously resolved; defendants shall be personally present at Final Pre-trial Conferences, notwithstanding PC section 977. Amd. eff. 1/1/2011; eff. as rule 6.6.4. eff. 1/1/2007; repealed, eff. 1/1/2008; re-enacted amd. and renumbered rule 6.3.8. eff. 1/1/2010. RULE 6.3.9. After final Pre-trial Conference, the court generally will not engage in disposition negotiations, except pursuant to written motion and showing of good cause therefore. Re-enacted, amd. and renumbered eff. 1/1/2010; eff. as rule 6.6.5. eff. 1/1/2007; repealed eff. 1/1/2008. RULE 6.3.10. [REPEALED 2011] Repealed eff. 1/1/2011; eff. as rule 6.6.6. eff. 1/1/2007; repealed eff. 1/1/2008; re-enacted and amd. eff. 1/1/2010; renumbered Rule 6.3.10. eff. 1/1/2010. Repealed rule dealt with motions to dismiss after final pre-trial. RULE 6.3.11. Prior to a scheduled trial, a Trial Readiness and Management Conference (TRMC) will be held which will include preliminary consideration of all motions in limine, proposed voir dire, proposed jury instructions and verdict form, and trial management issues. All parties shall file with the court and serve on all other parties ten (10) days prior to that conference a TRMC Statement including the above-referenced material, a list of anticipated witnesses each party expects to call, a time estimate of the party’s case in chief (including anticipated cross examination), and a list and copy of all evidentiary exhibits. Counsel shall be familiar with the provisions of sections 4.30 and 2.20 of the Standards of Judicial Administration. Amd. 7/1/2024; eff. as rule 6.8.1. eff. 1/1/2007; formerly amd. eff. 1/1/2008; renumbered Rule 6.3.11. eff. 1/1/2010; Amd. eff. 1/1/2011. RULE 6.3.12. Multiple cases set for the same trial period will proceed in the following order: cases in which no time waiver has been given ahead of all others, in-custody defendants ahead of others, felonies ahead of misdemeanors, and then cases based on earliest filing date. The court will endeavor to establish an order in which cases proceed at least one week prior to the first day of the trial period. Amd. eff. 1/1/2011; eff. as rule 6.8.3. eff. 1/1/2007; formerly amd. eff. 1/1/2008; renumbered Rule 6.3.12. eff. 1/1/2010. RULE 6.3.13. In the event multiple cases are set for the same trial period, any case not immediately proceeding will be trailed day-to-day. All parties shall monitor the progress of cases in trial and be prepared to proceed on one-half day notice. Trailing cases are subject to being advanced and/or the order of trailing changed pursuant to disposition of earlier set cases, or upon order of the court. Amd. eff. 1/1/2011; eff. as rule 6.8.4. eff. 1/1/2007; formerly amd. eff. 1/1/2008; renumbered rule 6.3.13. eff. 1/1/2010. RULE 6.3.14. Unless the court orders otherwise, on the first day of a scheduled trial, counsel and defendants shall appear at 8:30 a.m.. Amd. eff. 1/1/2011; eff. as rule 6.8.5. eff. 1/1/2007; formerly amd. eff. 1/1/2008; renumbered rule 6.3.14 eff. 1/1/2010. RULE 6.3.15. Counsel shall have made sufficient arrangements for the appearance of witnesses that progress of trial is not delayed. Amd. eff. 1/1/2011; eff. as rule 6.8.6. eff. 1/1/2007; formerly amd. eff. 1/1/2008; renumbered rule 6.3.15. eff. 1/1/2010. RULE 6.3.16. Counsel shall ensure that the prospective jury pool and jury panel are not contaminated by contact with counsel, defendants, or witnesses when in or about the courthouse or otherwise. Amd. eff. 1/1/2011; eff. as rule 6.8.7 eff. 1/1/2007; previously amd. eff. 1/1/2008; renumbered rule 6.3.16. eff. 1/1/2010. RULE 6.4. DISCOVERY AND INVESTIGATION Amd. eff. 1/1/2011; eff. as rule 6.5. eff. 1/1/2007; renumbered rule 6.4. eff. amd. 1/1/2010. RULE 6.4.1. Discovery is reciprocal and governed by PC sections 1054-1054.7 and to the extent not prohibited by or inconsistent with such sections, this rule. Rule 6.4.1. amd. eff. 1/1/2011; eff. as rule 6.5.1. eff. 1/1/2007; renumbered Rule 6.4.1 eff. 1/1/2010. RULE 6.4.2. Informal requests for discovery are deemed to occur at arraignment. Rule 6.4.2. amd. eff. 1/1/2011; eff. as rule 6.5.2. eff. 1/1/2007; renumbered Rule 6.4.2. eff. 1/1/2010. RULE 6.4.3. [REPEALED 2008] Rule 6.4.3. renumbered eff. 1/1/2011; eff. as rule 6.5.3. eff. 1/1/2007; repealed eff. 1/1/2008; renumbered rule 6.4.3. eff. 1/1/2010. The repealed rule related to the discovery duties of the District Attorney. RULE 6.4.4. The District Attorney and the defense shall, immediately after arraignment, identify and initiate such investigation, including independent acquisition of prior conviction records, interviews of witnesses, retainers of experts, and chemical/scientific testing as is necessary and appropriate to case evaluation and will permit meaningful pre-trial and/or pre-preliminary examination conference and timely preliminary examination and/or trial. Rule 6.4.4. amd. eff. 1/1/2011; eff. as rule 6.5.4. eff. 1/1/2007; renumbered rule 6.4.4 eff. 1/1/2010. RULE 6.4.5. [REPEALED 2008] Rule 6.4.5. renumbered eff. 1/1/2010; eff. as rule 6.5.5. eff. 1/1/2007; repealed eff. 1/1/2008. The repealed rule related to requests for discovery. RULE 6.5. DISPOSITIVE PLEAS Rule 6.5. amd. eff. 1/1/2011; eff. as rule 6.7. eff. 1/1/2007; renumbered rule 6.5. eff. 1/1/2010. RULE 6.5.1. Notwithstanding the limitations of PC sections 1192.5 and 1192.6 to felony offenses, the provisions of those sections shall apply also when a defendant enters a plea of guilty or no contest to any misdemeanor offense involving use of a weapon, the infliction of any injury, domestic violence, and/or aggravating facts subjecting the defendant to increased penalties (e.g. prior conviction). Rule 6.5.1. amd. eff. 1/1/2011; eff. as rule 6.7.1. eff. 1/1/2007; previously amd. eff. 1/1/2008; renumbered rule 6.5.1. eff. 1/1/2010. A. In all cases coming under this rule in which a plea is conditioned upon the court’s acceptance of a limitation on the punishment to be imposed, the defendant shall state on the record the terms of the conditional plea, and the District Attorney shall state approval thereof on the record. Rule 6.5.1. A. re-lettered eff. 1/1/2011; eff. as rule 6.7.1. (1) eff. 1/1/2007; previously amd. eff. 1/1/2008; renumbered Rule 6.5.1. (1) eff. 1/1/2010. B. In all cases coming under this rule in which charges contained in the original accusatory pleading are to be amended or dismissed, the District Attorney shall state the reasons for the amendment or dismissal on the record. Rule 6.5.1. B. re-lettered eff. 1/1/2011; eff. as rule 6.7.1. (2) eff. 1/1/2007; previously amd. eff. 1/1/2008; renumbered Rule 6.5.1. (2) eff. 1/1/2010. C. In all cases coming under this rule in which the District Attorney seeks dismissal of a charge in a complaint, information, or indictment the District Attorney shall state the specific reasons for the dismissal on the record. Rule 6.5.1.C. re-lettered rule eff. 1/1/2011; eff. as rule 6.7.1. (3) eff. 1/1/2007; previously amd. eff. 1/1/2008; renumbered rule 6.5.1. (3) eff. 1/1/2010. D. In all cases coming under this Rule in which the District Attorney recommends what punishment the court should impose or how it should exercise any of the powers legally available to it, the District Attorney shall state such recommendation on the record. Rule 6.5.1.D. re-lettered eff. 1/1/2011; eff. as rule 6.7.1. (4) eff. 1/1/2007; previously amd. eff. 1/1/2008; renumbered rule 6.5.1. (4) eff. 1/1/2010. RULE 6.5.2. In any case in which plea bargaining is presumptively prohibited by PC section 1192.7 and a plea bargain is proposed to the court, the District Attorney shall state on the record the reasons it is believed the case is exempt from the prohibition. Renumbered rule 6.5.2. eff. January 12010; eff. as rule 6.7.2. eff. 1/1/2007; previously amd. eff. 1/1/2008. RULE 6.5.3. Pleas to all felonies and to misdemeanor offenses that subsequently may be charged as priors shall be accomplished by the contemporaneous filing of a fully executed relevant change of plea form. Counsel shall explain the entirety of the form to defendants and defendants shall be prepared to respond to inquiries from the court about the contents of the form and the intended plea. Renumbered Rule 6.5.3. eff. 1/1/2010; eff. as rule 6.7.3. eff. 1/1/2007. RULE 6.5.4. Pleas to offenses, whether charged and/or the subject of felony or misdemeanor plea, with special sentence consequences (e.g., drug or domestic violence programs, registration as drug or sex offender) shall be accomplished by the contemporaneous filing of a fully executed relevant change of plea form. Counsel shall explain the entirety of the form to defendants and defendants shall be prepared to respond to inquiries about the contents of the form and the intended plea. Renumbered rule 6.5.4 eff. 1/1/2010; eff. as rule 6.7.4. eff. 1/1/2007. RULE 6.5.5. [REPEALED 2008] Renumbered Rule 6.5.5. eff. 1/1/2010; eff. as rule 6.7.5. eff. 1/1/2007; repealed eff. 1/1/2008. The repealed rule related to pleas entered by counsel. RULE 6.5.6. Pleas of no contest and/or pursuant to People v. West, 3 Cal.3d 595, are permitted only if accompanied by a statement of factual basis or reference to and submission of specific documentary evidence supporting the plea, consistent with People v. Holmes, 32 Cal.4th 432, and People v Willard, 154 Cal.App.4th 1329. Renumbered rule 6.5.6. eff. 1/1/2010; eff. as rule 6.7.6. eff. 1/1/2007; previously amd. eff. 1/1/2008. RULE 6.5.7. Pleas with waivers pursuant to People v. Harvey, 25 Cal.3d 754, are permitted only if accompanied by a statement on the record identifying the dismissed counts or charges to which such waiver does and does not apply. Renumbered rule 6.5.7. eff. 1/1/2010; eff. as rule 6.7.7. eff. 1/1/2007; previously amd. eff. 1/1/2008. RULE 6.6. CONTINUANCES; SPECIAL APPEARANCES. Eff. 1/1/2011; renumbered rule 6.6. eff. 1/1/2010; eff. as rule 6.9. eff. 1/1/2007. RULE 6.6.1. Continuances frustrate the disposition time goals and orderly processes of the court and are disfavored. However, in consideration of the court’s remote location, it is the policy of the court reasonably to accommodate unavoidable conflicting commitments of counsel and defendants. Scheduling of continued matters shall be consistent with the regular calendars of the court. Routine requests to move matters from one calendar to another are disfavored. Conflicts arising after the scheduling of a given matter generally shall not constitute good cause. Renumbered rule 6.6.1. eff. 1/1/2010; eff. as rule 6.9.1. eff. 1/1/2007; previously amd. eff. 1/1/2008. RULE 6.6.2. Motions to continue which fail to comply with PC section 1050, particular applicable statutes, and CRC are disfavored. A stipulation alone will not constitute grounds for any continuance but may be presented as part of a motion. Renumbered rule 6.6.2. eff. 1/1/2010; eff. as rule 6.9.2. eff. 1/1/2007; previously amd. eff. 1/1/2008, RULE 6.6.3. [REPEALED 2008] Renumbered rule 6.6.3. eff. 1/1/2010; eff. as rule 6.9.3. eff. 1/1/2007; repealed eff. 1/1/2008. The repealed rule related to special appearances by one attorney for another in criminal matters. RULE 6.7. JUDGMENT AND SENTENCING/ PROBATION. Eff. as rule 6.10 eff. 1/1/2007; renumbered rule 6.7. eff. 1/1/2010. RULE 6.7.1. Judgment and Sentence/ Probation shall follow promptly upon an entry of plea or verdict of guilty; immediate sentencing may occur in the absence of a probation report upon stipulation of the parties, waiver of time by the defendant, and approval by the court. Unless otherwise ordered by the court, judgment and sentencing/ probation hearings requiring probation reports or pursuant to time waivers by defendants shall be held not later than the fourth week following plea or verdict. Renumbered rule 6.7.1. eff. 1/1/2010; eff. as rule 6.10.1. eff. 1/1/2007. RULE 6.7.2. Judgment and Sentence/ Probation Orders for time served in county jail are satisfied by custody in El Dorado County (Placerville or South Lake Tahoe) pursuant to cooperative agreement with Alpine County. Delayed surrender shall be permitted only upon a showing of good cause and when accompanied by the defendant’s acknowledgment of the principles of and waiver pursuant to People v. Cruz, 44 Cal.3d 1247, and People v. Masloski, 25 Cal.4th 1212. Requests for weekend time in custody shall be accompanied by specific dates, time, and place of self-surrender and be accompanied by a similar Cruz/Masolski acknowledgment and waiver. Renumbered rule 6.7.2. eff. 1/1/2010; eff. as rule 6.10.2. eff. 1/1/2007; previously amd. eff. 1/1/2008. RULE 6.7.3. [REPEALED 2008] Renumbered rule 6.7.3, eff. 1/1/2010; eff. as rule 6.10.3. eff. 1/1/2007; repealed eff. 1/1/2008. The repealed rule related to the Sheriff’s Work and Community Service programs. RULE 6.7.4. [REPEALED 2008] Renumbered rule 6.7.4. eff. 1/1/2010; eff. as rule 6.10.4. eff. 1/1/2007; repealed eff. 1/1/2008. The repealed rule related to out-patient or in-patient counseling. RULE 6.7.5. [REPEALED 2008] Renumbered rule 6.7.5. eff. 1/1/2010; eff. as rule 6.10.5. eff. 1/1/2007; repealed eff. 1/1/2008. The repealed rule related to sentencing in the defendant’s absence. RULE 6.7.6. [REPEALED 2008] Renumbered rule 6.7.6. eff. 1/1/2010; eff. as rule 6.10.6. eff. 1/1/2007; repealed eff. 1/1/2008. The repealed rule related to summary reports given to the Court by the Probation Officer. RULE 6.7.7. [REPEALED 2008]. Renumbered rule 6.7.7. eff. 1/1/2010; eff. as rule 6.10.7. eff. 1/1/2007; repealed eff. 1/1/2008. The repealed rule related to judgments of imprisonment. RULE 6.7.8. [REPEALED 2008] Renumbered rule 6.7.8. eff. 1/1/2010; eff. as rule 6.10.8. eff. 1/1/2007; repealed eff. 1/1/2008. The repealed rule related to the defendant’s actual days already in custody. RULE 6.8. WORKING COPIES OF MOTION PLEADINGS, PRETRIAL MANAGEMENT CONFERENCE STATEMENTS, AND TRIAL BRIEFS. Renumbered rule 6.8. eff. 1/1/2010; eff. as rule 6.11. eff. 1/1/2007. RULE 6.8.1. Any pleading consisting of eight or more pages, inclusive of attachments, when filed shall be accompanied by an additional copy conspicuously marked “Working Copy”. Renumbered rule 6.8.1, eff. 1/1/2010; eff. as rule 6.11.1. eff. 1/1/2007. RULE 6.8.2. At any time a visiting judge is appointed to hear an Alpine County Superior Court matter, the parties shall file all original pleadings with the Alpine County Superior Court, and forward a courtesy working copy to the visiting judge at his home court or office. Eff. 1/1/2011.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.