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Title Four, Division 1, Chapter 1: electronic recording in misdemeanor and infraction cases (Rule 4.01); motions (Rule 4.1); discovery (Rule 4.2); applications on behalf of inmates (Rule 4.3); violations of probation (Rule 4.4); relief from forfeiture of bail in misdemeanor and felony cases (Rule 4.6); submitting sensitive exhibits (Rule 4.7); and withdrawal of time waivers in misdemeanor cases (Rule 4.8).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Title Four. Criminal Rules Division 1. Criminal Chapter 1. Criminal Department Rule 4.01. Electronic Recording in Misdemeanor and Infraction Cases Pursuant to Government Code section 69957, in misdemeanor and infraction proceedings, the court may, in its sole discretion, utilize electronic recording as a means of generating a verbatim record of proceedings. Court reporters are not ordinarily provided by the court in these cases. Electronic recording may also be used as permitted by the General Order re: Use of Electronic Recording Equipment. (Rule 4.01 revised effective 1/1/26) Rule 4.1. Motions (a) Motions procedures (1) Length (A) A memorandum of points and authorities filed in support of or opposition to a motion and produced on a computer must not exceed 4,200 words, including footnotes. Such a memorandum must include a certificate by submitting counsel or an unrepresented party stating the number of words in the memorandum. The person certifying may rely on the word count of the program used to prepare the memorandum. (B) A memorandum of points and authorities must not exceed 15 pages. (C) The limitations above do not include the caption of the case, the signature block, the word count certification, or any exhibits. (D) On application, a judge may authorize filing of a longer memorandum. Except as otherwise ordered, any memorandum submitted in violation of this rule will not be considered. (2) Consequences for Failure to Comply with Motions rules (A) The failure to comply with the rules governing motions may result in the imposition of monetary sanctions. (B) If any motion subject to this rule is not made or heard within the time limits and pursuant to the requirements of this rule, failure to do so shall constitute a waiver of the right to make the motion. The Court, for good cause shown, may grant relief from the waiver. (C) The failure to file any response within the time limits and pursuant to this rule shall constitute a waiver of the right to make a response, but the Court, for good cause shown, may grant relief from the waiver. (b) Pre-trial motions. (1) The following motions shall be filed and heard before trial: (A) Demurrer to the complaint, indictment or information where the Court authorizes filing after the entry of plea or where a demurrer is filed before entry of plea; (B) Motion to dismiss complaint, indictment or information (e.g. Penal Code Section 995 or non-statutory motions to dismiss); (C) Motion under Penal Code Section 1538.5 and other motions to suppress evidence or for return of property unlawfully seized; (D) Motion for discovery, including discovery relating to informants claimed to be material witnesses; (E) Motion to compel lineup; (F) Motion to sever or consolidate cases, counts or defendants, if the parties stipulate that the ruling shall be binding on the trial department; (G) Any speedy trial motion where grounds exist at the time set herein for notice; (H) Motion to challenge the jury selection system; (I) Motion to reinstate complaint; (J) Motion to strike or attack the constitutional validity of prior convictions, enhancements or probation; (K) Motion to dismiss or for other relief for vindictive prosecution or outrageous government conduct; (L) Motion to recuse; (M) Faretta motion; (N) Motion to appoint advisory counsel; (O) Motion to appoint second counsel in capital case; (P) Motion to disclose surveillance action; and (Q) Any other motion that does not require for its resolution a ruling on admissibility of evidence at trial or is not otherwise a common law in limine trial motion. (c) Time and place for notice and hearing of pre-trial motions, and rules for filing and service. (1) Unless otherwise ordered, all motions and proofs of service shall be filed and served in accordance with the time limitations set forth in California Rules of Court, Rule 4.111 and Penal Code Section 1538.5, and shall be set for hearing in the Criminal Department of the appropriate court. (2) The Court, for good cause or upon the stipulation of the parties with court approval, may permit motions to be heard at the time of trial. (3) All pleadings filed in connection with pre-trial motions shall be filed in the courthouse where the case is pending at the time the motion is filed. All pleadings shall be served on opposing counsel in his or her regularly assigned office by the most expeditious means available. If the identity of opposing counsel is not known when the pleading is filed, the following service rules shall apply: (1) if the case is being handled by a special unit, the pleading shall be served on the office of the special unit assigned to the case; (2) in all other cases, the pleading shall be served on the office of the opposing party closest to the courthouse in which the case is pending. (4) In felony cases, any party filing a pleading in connection with a substantive pre-trial motion shall simultaneously serve the Court’s Research Attorneys in accordance with the timeframes set forth in Rule 4.111(a) of the California Rules of Court. Pleadings and exhibits in connection with felony motions shall be served on the Research Attorneys by email at the following address: ratts@contracosta.courts.ca.gov. (5) If a felony motion is to be continued or dropped from calendar, counsel for the moving party shall promptly notify the Court’s Research Attorneys by email and the Research Attorneys will notify the Judge. If the party opposing a motion is unable to file pleadings at least five (5) court days before the time scheduled for the hearing as required by California Rules of Court, Rule 4.111, or as otherwise required by law, counsel shall notify the Court’s Research Attorneys by email. (6) All papers shall contain in the upper right-hand corner of the first page, the filing party's estimate of the overall time required for the hearing of the matter, date and department number of the hearing, and a request for a removal order if a defendant or necessary witness is in custody outside the Contra Costa County Jail. (d) General procedures for pre-trial motions: (1) A failure of the moving party to appear when the matter is called may, in the Court's discretion, cause the matter to be ordered off calendar. In the event of an unavoidable schedule conflict, the attorney with the conflict can avoid having the matter dropped by calling the Court and also notifying opposing counsel before the scheduled hearing and reporting the conflict. (2) A motion that has been duly filed may be dropped from calendar up to forty-eight (48) hours before the appearance date by notifying opposing counsel and the Court. Within forty-eight (48) hours of the date set for hearing, the moving party shall appear unless excused by the Court. (3) No matters will be continued, even by stipulation of the parties, except with the approval of the Court for good cause shown. Compliance with Penal Code Section 1050 is required unless excused by the Court. (4)(a) Motions and opposition to such motions shall specifically set forth any evidence, theories of law and authorities relied on in support or opposition to said motions. Checklist or “boilerplate” motions will not be considered and may, in the discretion of the court, cause the matter to be dropped from the calendar. (4)(b) In addition to the provisions of Rule 4.1(d)(4)(a) motions and oppositions to motions to suppress evidence filed under Penal Code §1538.5 shall be governed by the following additional procedural requirements: 1. The defendant must specify the precise grounds for suppression of the evidence, including the identification both of the evidence for which suppression is sought and of any and all acts and omissions by law enforcement or others that are asserted to constitute a Fourth Amendment violation, briefly but with sufficient precision to put the People on notice regarding what they are called upon to prove and including any claimed inadequacy for any justification for the search and seizure; 2. If the defendant’s motion alleges the lack of a warrant as the sole basis for suppression, the People’s opposition shall specify the justification for the warrantless search; 3. The defendant may then file a reply specifying the inadequacies of the justification. Any such reply brief must be served (by email, facsimile or personal service) at least two court days before the hearing; 4. The raising of new issues in the reply may constitute good cause for continuance to permit the prosecution to prepare for the hearing; and 5. Available sanctions for noncompliance with Rule 4.1(d)(4)(a) and (4)(b) include granting the prosecution or defendant a continuance or imposing a fine or contempt citation on counsel who do not comply. (e) Motions to be heard by the trial judge. Except as otherwise ordered, motions not enumerated above as pre-trial motions shall be heard by the Trial Judge. Counsel in cases pre-assigned to a trial department shall submit to the Trial Judge all such motions within three (3) court days before the date is set for trial. (f) Ex parte applications (1) All ex parte applications for orders shortening or extending time shall be presented in the Criminal Department to which the motion has or will be assigned, with at least twenty-four (24) hours’ notice to the opposing party or counsel. Such applications shall include a written or oral supporting declaration, stating whether that party has been contacted and has agreed to the requested order or why the ex parte order should be issued. (2) Except by order of the Court, upon a showing of good cause, all ex parte applications seeking to set a matter on shortened time shall provide for moving papers to be filed and personally served at least five (5) calendar days and for opposing papers to be filed and served at least two (2) calendar days before the hearing date. All papers, including opposition and reply papers, filed in motions brought on an order shortening time, shall be accompanied by a copy of the proposed order. (3) Any request for relief from operation of these rules shall be made to the Court, with a showing of good cause, before the papers are filed. (g) Motion to withdraw as counsel An attorney who is appointed or retained to represent a client in a criminal proceeding shall not withdraw from such representation except by filing a substitution of attorney bearing the written consent of the defendant or upon a timely motion and order of the court. (h) Post-Conviction Motions, Petitions, and Writs of Habeas Corpus (1) Post-conviction matters relate to pleadings filed by way of motion, petition, and, or writs of habeas corpus that seek post-conviction relief. (2) Time and place for notice and hearing of post-trial motions and petitions, and rules for filing and service. (A) Unless otherwise ordered, or provided for under the law, all post-trial motions and petitions and proofs of service shall be filed and served with the court in accordance with the time limitations set forth in California Rules of Court, Rule 4.111. All post-conviction writs of habeas corpus shall be filed with the court in accordance with the habeas corpus procedures set forth in Rule 4.551. (B) In felony cases, any party filing a pleading or exhibit in connection with a substantive post-conviction motion and petition, including a post-conviction writ of habeas corpus, shall simultaneously serve the Court’s Research Attorneys by email at: ratts@contracosta.courts.ca.gov (Rule 4.1 revised effective 1/1/26) Rule 4.2. Discovery Any party asserting a work product or other privilege exception pursuant to Penal Code Section 1054.6 or asserting a discovery exception based upon a showing of good cause pursuant to Penal Code Section 1054.7 shall proceed by noticed motion which shall be heard before the first readiness conference. (Rule 4.2 revised effective 1/1/24) Rule 4.3. Applications on Behalf of Inmates (a) Application to the Sheriff Except as otherwise stated in this rule, applications by or on behalf of inmates confined in the county jail, for temporary release from custody, for medical, family emergency, education, employment, and related purposes (i.e. requests for “passes”) shall be made to the Sheriff and not to the Court. (b) Application to the assigned direct calendar judge The following applications shall be made to the assigned direct calendar judge: those made pursuant to Sections 4011, 4011.6 and 4011.8 of the Penal Code. (c) The Court’s power to determine condition of confinement Nothing in this rule shall affect the Court's power and duty to make proper determinations and orders with respect to allegedly unlawful conditions of confinement in the county jail in a justiciable controversy properly before the Court in connection with a proper petition for writ of habeas corpus, application for modification of probation, or other similar pleading. (Rule 4.3 revised effective 1/1/24) Rule 4.4. Violations of Probation. (a) Notification by Probation Officer In all cases involving persons on probation, the Probation Officer shall promptly notify the Criminal Calendar Department responsible for monitoring that probationer of every violation of law (other than minor traffic offenses) that the Probation Officer reasonably believes the probationer has committed. (b) Where probation violations are heard Probation violation hearings in felony cases shall be held in the Criminal Department that presides over the felony probation calendar. Probation violation hearings in misdemeanor cases that originally arose in the Richmond and Pittsburg Branch Courts shall be held in the branch court in which the underlying case arose, in a department designated by that branch court’s Supervising Judge. (Rule 4.4 revised effective 1/1/24) Rule 4.5. Reserved [REPEALED 1/1/18] Rule 4.6. Relief from Forfeiture of Bail in Misdemeanor and Felony Cases. (a) Bench warrants upon forfeiture of bail (1) When a bailed defendant fails to appear, unless personal appearance has been excused under Penal Code Section 977, or unless the Court grants a continuance under Penal Code Section 1305.1, bail shall immediately be forfeited and a bench warrant shall be issued. The bench warrant shall require bail in an amount not less than the amount of the forfeited bond, and not less than the minimum amount required for entry into automated warrant index systems. Each warrant shall contain a notice to the following effect: “Do Not Cite Release -- Bail in Forfeiture.” (2) If counsel appears for a bailed defendant whose personal appearance is desired by the Court, and asserts that the defendant’s personal appearance is excused under Penal Code Section 977, the Court shall order the defendant to personally appear at a specific date, time and place, pursuant to Penal Code Section 978.5(a)(1). If the defendant does not then appear, bail forfeiture and bench warrant shall be ordered. (3) If counsel or the defendant provides the Court with sufficient grounds for a finding that the non-appearance may be excused under Penal Code Section 1305.1, the Court shall enter in the record any such finding and may order a reasonable continuance without immediate forfeiture of bail. (b) Setting aside forfeiture upon appearance of defendant (1) An order of bail forfeiture shall be vacated on the Court‘s motion if the defendant personally appears before the end of the 180-day period defined in Penal Code Section 1305. Appearance may be by means of arrest on the bench warrant, “voluntary” or “add-on” appearance, surrender by the bail agent, or other means (e.g., a dismissal of the case). (2) If the defendant appears on a new or separate matter and the defendant or bail agent advised the Court of the forfeited bond, the Court may, in its discretion, address the bail forfeiture issue on the case in which a bench warrant remains outstanding. The Court does not assume responsibility for identifying a defendant’s pending cases involving forfeiture or initiating service of warrants. (3) Relief from bail forfeiture without the personal appearance of the defendant will be considered only upon a timely written motion by the bail agent or surety, stating the specific grounds upon which relief is sought, with not less than ten (10) calendar days’ notice to both the District Attorney and the County Counsel. A motion for exoneration of forfeited bail will be treated as a motion for a tolling of the 180-day period if the grounds asserted are those of temporary disability, as described in Penal Code Section 1305(e). Repetitive, groundless or otherwise frivolous motions may result in the imposition of sanctions. (4) When the People request dismissal of a case in which bail is in forfeiture, the Court may, on its own motion, waive the defendant’s personal appearance and may order forfeiture relief and bail exoneration. (c) Reinstatement and continuance of bail After Notice of Forfeiture has been mailed by the clerk, a defendant may be continued on a reinstated bond only with the consent of the bail agent. Consent to reinstatement and continuation of a forfeited bond may be given through personal appearance by the bail agent or in writing, or to a member of the court’s staff by telephone. The Clerk’s Minute Order shall identify the person giving consent to continuation of the bond, and the method of communicating it. (d) Exoneration of bail after forfeiture When an order of bail forfeiture has been vacated on a bond that is not to be continued, the Court may, on its own motion and in its discretion, order bail exoneration without the necessity of a motion or appearance by the bail agent. (Rule 4.6 revised effective 1/1/18) Rule 4.7. Submitting Sensitive Exhibits All controlled substances, guns, money, valuables, and other sensitive exhibits shall be packaged and stored separately from other exhibits. Sharp objects such as knives, needles and glass shall be specially wrapped and labeled for the handler’s protection. (For instance, a syringe shall be packaged by the police agency in a plastic tube.) Any party submitting such items, and anyone arranging transfer of such items, shall notify the exhibits clerk or the courtroom clerk of these objects and about any dangers associated with them. (Rule 4.7 revised effective 1/1/15) Rule 4.8. Withdrawal of Time Waivers in Misdemeanor Cases A misdemeanor defendant who wishes to withdraw a previous general time waiver must give “proper notice” to the district attorney as required by Penal Code section 1382(a)(3)(A). Such proper notice shall be in writing, addressed and delivered in a manner reasonably calculated to come to the immediate attention of a prosecutor with responsibility for the case, and be given enough in advance to permit the district attorney to ascertain witness availability and the court to set an appropriate trial date accordingly. Two days’ notice shall constitute proper notice. A judge may determine, however, based on the facts of the case, that a lesser time constitutes proper notice. (Rule 4.8 new effective 1/1/20)
Title Four. Criminal Rules Division 1. Criminal Chapter 1. Criminal Department Rule 4.01. Electronic Recording in Misdemeanor and Infraction Cases Pursuant to Government Code section 69957, in misdemeanor and infraction proceedings, the court may, in its sole discretion, utilize electronic recording as a means of generating a verbatim record of proceedings. Court reporters are not ordinarily provi
Reviewer note: Composed 2026-10-08 (California T4 Contra Costa build 2026-10-08) from BenchPath custody ca/t4/ca-contra-costa/docs/general/july-2026-local-rules-final_0.pdf (the court's rule book, “Local Rules of Court Effective July 1, 2026”, as fetched 2026-10-08; 24267831 bytes, sha256 580a7d67b663a29aea78edf6b7d0fffb19be65430ad0770cad9f8cb543be811e; 274 pages) with the shared verbatim composer (v2 reflow) over the rules (PDF pages 17 to 191): each page's running header (“Local Rules of the Superior Court of California, County of Contra Costa”) and footer (a rule of underscores, “Local Court Rules – Effective July 1, 2026” and “Page N of 201”) removed as chrome; lines reflowed into the rules' paragraphs; Title One's heading and its first chapter heading set on their own lines, eleven rule citations the reflow broke at a line end rejoined, and six tables printed without rules set one row a line - Rule 2.40's attorney fee schedule, two cells of Guideline Attachment 1's commission chart, Attachment 2's attorney rates, Attachment 3's time summary and Attachment 4(a)'s probate calendars (18 whitespace-only fixes); Rule 2.160's local fees and the commission chart's header cells and sixth row, which the reflow read across, set as printed (three same-character fixes); the sixth row's number, in page 180's bottom band, kept (the composer's bottom_band_numbers option); no struck character (the strike report); the rules cut at the chapter headings, which reassemble them (Title Six is “Reserved”: its heading alone); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of rule effective dates, the table of contents, the list of local court forms, the index and Appendix A (the standing orders as revised May 15, 2026, superseded by the compilation revised August 11, 2026) belong to no chapter.
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.
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.