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Chapter 4 (Rules 4.1 to 4.13): witness lists exchanged at the Trial Readiness Conference when trial is scheduled less than 30 days after arraignment (4.1); no criminal matter continued, even by stipulation, except under Penal Code § 1050 (4.2); when a defendant has not made a motion to change pleas at the Trial Readiness Conference, only pleas to all counts in the complaint or information accepted, except when the counts are pled in the alternative (4.3); plea bargaining under Penal Code § 1192.6 and § 1192.7 (4.4); discovery under Title VI, Chapter 10 of the Penal Code (4.5); motions for own recognizance release or bail modification made in open court, a subsequent motion only on materially changed circumstances with disclosure of the prior motion, its judge, its nature and the order made (4.6); trial by written declaration under Vehicle Code § 40902 requested by mail or in person prior to the initial appearance, a failure to appear at the initial appearance may be deemed an election under § 40903, the defendant to file the declaration under penalty of perjury and post the required bail on or before the hearing date assigned by the Clerk, and a trial de novo requested no later than twenty (20) days after the written notice of decision is mailed (4.7); payment for an investigator, scientist or forensic expert only with the written approval of the judge, obtained prior to the services, requests for additional expert fees approved before the services with a declaration of the prior applications and the total amount awarded and paid, payment requests with the expert's invoice and a copy of the order approving the services, investigator fee rates established by general administrative order, and ex parte applications for funds confidential, with “CONFIDENTIAL” in the caption, and sealed only on the findings of rule 2.551 (4.8); real property bonds with equity equal to twice the amount of the cash bail under Penal Code §1298, a hearing on a noticed motion with proof of service to the District Attorney filed at least 2 days prior to the hearing, the promissory note, deed of trust, preliminary title report, appraisal and statements of the lien holders submitted as attachments, the applicant to record the deed of trust and deliver the documents to the Clerk before an ex parte order for release, and the Clerk to deposit the original deed of trust and promissory note with the Treasurer for safekeeping (4.9); continuance of infraction trials discouraged, requests for continuances based on good cause and submitted on the local form “Notice of Motion to Continue Trial” at least 10 days prior to trial (4.10); misdemeanors and infractions set on Monday in Department 4 conducted by a commissioner unless a written objection is filed at least five (5) court days before the hearing, the commissioner then to conduct the hearing as a referee (4.11); a mandatory Trial Readiness Conference in Department 2 the Thursday prior to a jury trial scheduled in Department 3 (4.12); preliminary hearing exhibits returned upon stipulation by both parties (4.13).
CHAPTER 4 - CRIMINAL RULES 4.1 Witness Lists (Eff. 7/1/98.) In any case in which the trial is scheduled less than 30 days after arraignment, witness lists shall be exchanged at the Trial Readiness Conference. 4.2 Continuances (Eff. 1/1/01; As amended, eff. 1/1/02.) No criminal matter will be continued, even by stipulation of the parties, except pursuant to Penal Code § 1050. (Eff. 1/1/01; As amend
Reviewer note: Composed 2026-10-12 (California T4 Calaveras build 2026-10-12) from BenchPath custody ca/t4/ca-calaveras/docs/local-rules/calaveras-superior-court-local-rules-eff-7-1-26-3.pdf (the court's rule book, its cover “CALAVERAS COUNTY SUPERIOR COURT LOCAL COURT RULES EFFECTIVE: JULY 1, 2026”, as fetched 2026-10-12; 7185805 bytes, sha256 1518beed5362aa96ee849265fde2622770c66708d65a49504c2dc694dcee9e65; 113 pages; this part PDF pages 29 to 33, printed pages 23 to 27) with the shared verbatim composer (v2 reflow): the rules (PDF pages 7 to 65, printed 1 to 58 with an unnumbered last page) composed as one text, from Chapter 1's heading to Rule 10.3, and cut at the ten chapter headings and at Chapter 5's sub-heading “JUVENILE RULES”, each matched once as a whole line (every chapter opens a page); each rule page's running header (“Calaveras Superior Court”) and its page number (“N | P a g e”, its letters spaced) removed as chrome (117 lines; the last rule page prints neither); lines reflowed into the rules' paragraphs, each rule's number set with its title and its history as one line (“2.1 Filing and Format of Documents (Eff. 7/1/98; As amended, eff. 7/1/19.)”), each lettered or numbered subdivision starting a line, and each footnote on a line of its own; no table on the rule pages; the strike report (review/strike-report-2026-10-12.txt) finds three struck runs, each a single space (PDF pages 17, 84 and 85 - no word joined), and stray strokes striking nothing on two appendix form pages (87 and 88); the five soft hyphens (U+00AD) of the text layer, each at a printed line end and printed as a hyphen (review/render/soft-hyphens-2026-10-12.png), read as hyphens (the composer's glyph map, applied to the text and the layer alike); 8 whitespace-only fixes (build/book-fixes.json: Rule 1.6's heading set apart from its first sentence, which the reflow ran onto it; two false breaks rejoined, in Rule 2.5(a) before ““CONFIDENTIAL”” and in Rule 3.7 inside “Case Management Calendar”; the reflow's space after each soft hyphen removed - “(MC-500)” in Rule 2.14(f), “routine ex-parte” in Rule 3.1(a), “(Form RA-010)” in Rule 5.16(b) and the two addresses of Rules 5.16(g) and 6.1); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - one short line, three bold headings and one false break kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the blank page 2, the table of contents (PDF pages 3 to 6), the reserved Chapter 9's heading (PDF page 64), the appendix of local forms (PDF pages 66 to 109) and the index (PDF pages 110 to 112; page 113 carries only the running header) belong to no card.
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 > Calaveras County > Superior Court of California, County of Calaveras
CHAPTER 4 - CRIMINAL RULES 4.1 Witness Lists (Eff. 7/1/98.) In any case in which the trial is scheduled less than 30 days after arraignment, witness lists shall be exchanged at the Trial Readiness Conference. 4.2 Continuances (Eff. 1/1/01; As amended, eff. 1/1/02.) No criminal matter will be continued, even by stipulation of the parties, except pursuant to Penal Code § 1050. (Eff. 1/1/01; As amended, eff. 1/1/02.) 4.3 Pleas at the Time of Trial (Eff. 1/1/01.) It shall be the policy of the court that when a defendant has not made a motion to change his/her pleas at the Trial Readiness Conference, only pleas to all counts in the complaint or information will be accepted, except when the counts are pled in the alternative. 4.4 Plea Bargaining (Eff. 1/1/02.) Sentencing is a function of the judiciary. The provisions of Penal Code § 1192.6 and Penal Code § 1192.7 will be strictly adhered to in plea bargaining. 4.5 Discovery (Eff. 1/1/02.) Discovery in criminal cases shall be in accordance with Title VI, Chapter 10 of the Penal Code. 4.6 Motions for Bail Modifications or Release on Own Recognizance (Eff. 1/1/02.) (a) Motions for own recognizance release or bail modification shall be made in open court. Once a judge has ruled on a bail or an O.R. motion, the Court will not modify bail or grant O.R. without a showing of materially changed circumstances. (b) When a motion for own recognizance release or bail modification has been made to the Court, and granted in whole or in part, or granted conditionally or on terms, and a subsequent motion is made by the same party in the same case for a similar order upon materially changed circumstances, the subsequent motion shall be accompanied by disclosure that a prior motion has been made, when and to what judge it was made, what the nature of the motion was, what order or decision was made thereon, and what materially changed circumstances are claimed to be shown. 4.7 Traffic Infractions – Trial by Declaration (Eff. 1/1/02; As amended, eff. 7/1/05.) (a) Pursuant to Vehicle Code § 40902, a defendant charged with Vehicle Code infractions or violations of local ordinances adopted pursuant to the Vehicle Code may waive his right to personally appear for trial and may request trial by written declaration without a personal appearance. Trial by declaration is available to any defendant who wishes to contest the citation and who requests trial by declaration, either by mail or in person, prior to the date set for his or her initial appearance in court. Failure of the defendant to appear at the initial appearance whether an election has been made or not, may be deemed by the court an election by the defendant to proceed by trial by declaration pursuant to Vehicle Code § 40903. The defendant may not elect for a trial by declaration if defendant has been notified by the court that a personal appearance is mandatory. (b) A defendant who has requested trial by declaration must file the declaration, under penalty of perjury, and post the required bail on or before the hearing date assigned by the Clerk. The Clerk is authorized to assign a date which permits the defendant time to file the written declaration and post the required bail. (c) The court may accept testimony and other relevant evidence introduced in the form of a notice to appear issued pursuant to Vehicle Code § 40500, business records or receipts, a sworn declaration of the issuing officer or written statements or letters signed by the defendant or defendant's witnesses. (d) If the defendant is dissatisfied with the decision of the court and the appropriate bail has been posted, the defendant shall have the right to a trial de novo. A request for a trial de novo shall be made by the defendant personally at the office of the Clerk, or in a writing received by the Clerk, no later than twenty (20) days after the date the written notice of decision is mailed by the Clerk to the defendant. 4.8 Fees for Investigators and Experts (Eff. 7/1/02; As amended, eff.7/1/12.) (a) In criminal matters, no payment shall be authorized for the services of an investigator, a scientist, or a forensic expert without the written approval of the judge of the department in which the matter is pending. Said written approval must be obtained prior to the time that expert services have been provided. (b) For any case where a request for authorization of additional expert services fees is made, the application must be made and approved before such additional expert services are provided. The request for authorization of additional expert fees shall include a declaration stating: (1) the number and nature of the requesting party’s prior applications for expert services; (2) the total amount of expert services fees previously awarded to the requesting party in the case; and (3) the total amount of expert services fees that have been paid on behalf of the requesting party in the case. (c) All requests for payment of previously authorized fees shall be made by declaration of the attorney and must include the expert’s invoice as well as a copy of the order approving said services. (d) Investigator fee rates paid by the court shall be established by general administrative order of the Presiding Judge. (e) Ex parte applications for funds to retain an expert or investigator, including any memoranda of points and authorities and/or declarations in support of the applications, are confidential documents pursuant to Evidence Code §§ 952 & 954. Unless otherwise ordered by the Court, ex parte applications may only be reviewed by the defendant’s attorney or court staff. (f) The caption of all ex parte applications for funds to retain an expert of investigator must include the word “CONFIDENTIAL” in upper case font. The caption of any memorandum of points and authorities or declarations in support of the ex parte application should also include the word “CONFIDENTIAL” in upper case font. (g) Ex parte applications for funds to retain an expert or investigator, including any memoranda of points and authorities and/or declarations in support of the applications, will not be filed under seal unless the Court makes the findings required in California Rules of Court, Rule 2.551 and orders the records sealed. 4.9 Real Property Bonds in Lieu of Cash Bail (Eff. 7/1/04 As amended, eff. 1/1/11.) (a) A defendant or any other person may give as security any equity in real property which he or she owns provided, however, the value of the equity offered is equal to twice the amount of the cash bail required as set forth in Penal Code §1298. (b) Before a property bond may be accepted by the Court, a hearing must be held for a court determination as to the applicant's equity in the real property. To set the matter for hearing, a noticed motion with proof of service to the District Attorney must be filed with the Clerk at least 2 days prior to the date set for the hearing. The following documents must be submitted as attachments to the motion: (1) Copy of the proposed promissory note in the amount of the required bond. (2) Copy of the deed of trust to be recorded securing the promissory note and naming a recognized California title company as the trustee and the County of Calaveras as the beneficiary. (3) The current preliminary title report concerning the property which has been prepared by a recognized California title company. (4) A current appraisal of the property performed by a state licensed real estate appraiser. The appraisal report shall include a statement of the appraiser's training and experience. (5) Statements from all lien holders having liens against the property, showing the amount presently due on the obligation. (c) The court may require additional evidence in order to ascertain the true equity in the property held by the applicants. All costs incurred to process the property bond and to comply with this Rule shall be borne by the applicant. (d) If the Court approves the property bond, the applicant shall record the deed of trust and then shall deliver to the Clerk the following documents: (1) The original signed promissory note. (2) Copy of the deed of trust showing its recorded status. The original deed of trust shall be returned by mail from the recorder's office to the Clerk. (3) An updated preliminary title report showing the recorded deed of trust for the subject promissory note in the priority position previously approved by the Court. (e) Upon delivery to the Clerk of the foregoing documents, the applicant shall be entitled to obtain an ex parte order of the Court for the release of the designated defendant. (f) The Clerk shall deposit the original deed of trust and promissory note with the Treasurer of Calaveras County for safekeeping, maintaining copies of same and an appropriate receipt from the Treasurer in the case file. (g) In the event the property bond is ordered forfeited, upon entry of summary judgment and order of the Court, the Clerk shall prepare an appropriate form of order for the Court's signature directing the Treasurer to release the original deed of trust and promissory note to County Counsel for the commencement of foreclosure proceedings. (h) In the event the property bond is ordered exonerated, the Clerk shall prepare an appropriate form of order for the Court's signature directing the Treasurer to release the original deed of trust and promissory note to County Counsel for the appropriate endorsement of the request for full reconveyance on the deed of trust and for the return of such endorsed deed of trust and original promissory note marked "paid in full" by County Counsel to the maker. 4.10 Continuance of Infraction Trials (Eff. 1/1/13; As amended, eff. 1/1/17.) Continuance of infraction trials is discouraged. Requests for continuances must be based on good cause and submitted on the local form “Notice of Motion to Continue Trial” at least 10 days prior to the date of trial. 4.11 Misdemeanors and Infractions (Eff. 1/1/19.) Misdemeanors and Infractions currently set on Monday in Department 4 will be conducted by a commissioner unless a written objection to having the matter heard by a commissioner is filed at least five (5) court days prior to the scheduled hearing. In the event such an objection is timely filed, the commissioner will still conduct the hearing as a referee. 4.12 Mandatory Trial Readiness Conferences (Eff. 1/1/20.) For a jury trial scheduled to occur in Department 3, the Court shall schedule a mandatory Trial Readiness in Department 2 the Thursday prior to the jury trial. 4.13 Exhibits (Eff. 1/1/20.) Exhibits submitted to the Court at the preliminary hearing can be returned by the Court to the submitting party upon stipulation by both parties.
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.