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Chapter 5 (Rules 5.00.00 to 5.15.05): the criminal rules apply to all criminal cases unless otherwise provided by statute, or rule (5.00.01); criminal actions or proceedings where the subject matter arises in the South Lake Tahoe area filed in the South Lake Tahoe Session and all others in the Placerville Session, complaints and petitions charging in-custody defendants filed no later than 11:00 a.m. on the date set for the arraignment, complaints charging out-of-custody defendants no later than five (5) court days before the first appearance (5.00.03); the policy to dispose of misdemeanors and felony preliminary examinations - 90 percent within 30 days after the defendant's first court appearance, 100 percent of misdemeanor cases within 120 days and of felony preliminary examinations within 90 days (5.00.04); remote appearances with the approval of the court, the requesting party to file and serve Local Form M-51 (Application and Order for Video Conference Appearance) at least four (4) days prior to the date the matter is initially set for hearing, no remote appearances for evidentiary hearings or trials absent a prior finding of good cause, any recording strictly prohibited (5.01.00); written notice of a request to modify bail given to all parties and the court no less than two (2) court days prior to the hearing (5.10.01); a request to set aside a forfeiture of bail under Penal Code section 1305(a) without notice to the district attorney or county counsel where the defendant has been delivered into custody or is present and the proceeding for exoneration of bail has been commenced within 180 days, in all other cases notice given by the agency posting bail (5.10.02); a date certain for trial and readiness conference, counsel to personally meet and confer prior to the Readiness Conference (5.11.00); the criminal law and motion calendar - a total of no more than 15 minutes for argument, without the taking of testimony, longer matters scheduled as a long cause hearing on request to the calendar clerk (5.11.04); pretrial motions, accompanied by a memorandum, served and filed at least ten (10) court days before the hearing, no opening or responding memorandum to exceed fifteen (15) pages and no reply memorandum ten (10) pages absent good cause and leave of the court (5.11.04); motions in limine in writing not less than seven (7) calendar days before the trial date, any response not later than four (4) calendar days preceding the first day of trial, the hearing no later than 1:30 p.m. on the Friday preceding the first day of trial (5.11.04); complex motions during trial on the same notice (5.11.04); a typewritten transcript lodged for an electronic sound or sound-and-video recording offered into evidence (5.11.05); a continuance only with the approval of the court, on a noticed motion or a written stipulation with a good cause finding and a time waiver, signed by all counsel and defendant(s) (5.12.01); a list of proposed exhibits from all counsel not later than the day before trial where 10 or more exhibits will be marked, and if less than 10 exhibits are to be marked the List of Exhibits Form with the marked exhibits by 8:30 a.m. on the first day of trial (5.12.02); a defendant who wishes to withdraw a general time waiver to give “proper notice” in writing to the district attorney under Penal Code section 1382(a), two days' notice to constitute proper notice (5.12.03); the court to periodically adopt a bail schedule, available on the court website (5.13.00); exhibits - only items required in the case, the containers, cash and firearms marked or secured and each exhibit individually tagged, no exhibit received if it poses a security or storage problem or a risk to health or safety, toxic exhibits introduced by a photographic record and a certified written chemical analysis, parties to sign and file a request for return of exhibits prior to the end of the hearing or trial, the viewing of exhibits only by the attorneys of record and court personnel, in the presence of the exhibit's custodian (5.14.01 to 5.14.04); application for investigative and expert fees and expenses made in writing to the judge of the department to which the case has been assigned, to the judge of the department to which the matter has been referred pursuant to Penal Code section 987.9, or to the presiding judge, with the proposed expert's hourly fees, name and qualification (5.15.02, 5.15.03); police reports placed in the confidential section of the court file, a member of the public's request upon written notice, a judge to review the report within five (5) court days and to redact any contact information for witnesses and victims (5.15.04); the prosecution's proposed jury instructions no later than the first day of trial (5.15.05).
5.00.00 CRIMINAL PROCEEDINGS (Effective January 1, 1994) 5.00.01 APPLICATION OF RULES The criminal rules apply to all criminal cases unless otherwise provided by statute, or rule in the California Rules of Court or the Local Rules of the El Dorado County Superior Court. (Effective July 1, 2014) 5.00.02 RESERVED FOR FUTURE USE (Revised January 1, 2024) 5.00.03 CRIMINAL COMPLAINTS: TIME AND PLACE FO
Reviewer note: Composed 2026-10-10 (California T4 El Dorado build 2026-10-10) from BenchPath custody ca/t4/ca-el-dorado/docs/local-rules/local-rules.pdf (the court's rule book, its cover “Local Rules Revision: January 1, 2026” and its second page “LOCAL RULES FOR THE SUPERIOR COURT COUNTY OF EL DORADO Effective January 1, 2026”, as fetched 2026-10-10; 1813135 bytes, sha256 aba154e6450f0a7487a2f0a96e9da05110a8ab495e94410b87f54b88cfd6dd7a; 186 pages; this chapter PDF pages 31 to 39) with the shared verbatim composer (v2 reflow) and its strike-out: the rules (PDF pages 11 to 147, printed 1 to 137) composed as one text, from “1.00.00 SCOPE OF RULES FOR THE SUPERIOR COURT” to the last history note of Chapter 12, and cut at the twelve chapter headings, each matched once as a whole line (a chapter may begin mid-page: Chapters 6 and 7 both begin on PDF page 39); each page's running header (“LOCAL RULES – SUPERIOR COURT OF CALIFORNIA, COUNTY OF EL DORADO”) and its two footer lines (the printed page number and “Revised January 1, 2026”) removed as chrome (411 lines); lines reflowed into the rules' paragraphs, each rule's number set with its title as one line (“2.00.08 LOCATION FOR FILING AND COURT SESSIONS”) and each history note on a line of its own; the strike report (review/strike-report-2026-10-10.txt) finds no struck run; 8 whitespace-only fixes (build/book-fixes.json: four cross-references the reflow broke before a label or a rule number - Rules 2.00.07, 2.01.00, 10.09.02 and 11.00.13 - joined; Rule 7.16.00's heading and a sentence of Rule 11.00.19 that a “SECTION” line start split, joined; Rule 2.01.00's two complaint addresses set line by line as printed) and 1 same-character fix (build/book-captions.json: the header row of Rule 8.19.02's debts table set cell by cell); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-10.txt) list candidates read one by one (build/book_fixes.py); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the effective-date page, the table of contents, the List of Effective/Revised Dates, the Alphabetical Index of Rules and the lists of local forms (PDF pages 1 to 10 and 148 to 186) belong to no card. Review note: Rule 5.11.04(A)(2) prints “all reply papers at least five (5) court days, and all reply papers at least two (2) court days before the time appointed for hearing” - two deadlines for the same papers (a review task). Carried as printed: Rule 5.00.03(A)'s cross-reference to “Local Rule 2.00.09(C)” for the South Lake Tahoe area, which Rule 2.00.08(C) describes.
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 > El Dorado County > Superior Court of California, County of El Dorado
5.00.00 CRIMINAL PROCEEDINGS (Effective January 1, 1994) 5.00.01 APPLICATION OF RULES The criminal rules apply to all criminal cases unless otherwise provided by statute, or rule in the California Rules of Court or the Local Rules of the El Dorado County Superior Court. (Effective July 1, 2014) 5.00.02 RESERVED FOR FUTURE USE (Revised January 1, 2024) 5.00.03 CRIMINAL COMPLAINTS: TIME AND PLACE FOR FILING A. All criminal actions or proceedings wherein the subject matter arises in the South Lake Tahoe area as defined in Local Rule 2.00.09(C) shall be filed in the South Lake Tahoe Session. All other criminal actions or proceedings shall be filed in the Placerville Session. The court, in its discretion, with the concurrence of the presiding judge, may transfer an action between sessions. B. All criminal complaints and petitions charging in-custody defendants shall be filed at the earliest time possible, but in no case later than 11:00 a.m. on the date set for the arraignment of the defendant on those charges. The clerk may accept documents for filing after 11:00 a.m. only upon permission of the judge assigned to the arraignment, or any other judicial officer if the judge assigned is unavailable. C. All criminal complaints charging out-of-custody defendants shall be filed with the clerk no later than five (5) court days before the time of the defendant’s first appearance on those charges. The judge assigned to the criminal calendar may authorize the filing of late documents. (Revised July 1, 2025) 5.00.04 POLICY It is the policy of the Superior Court to dispose of misdemeanors and felony preliminary examinations as follows: A. MISDEMEANOR CASES (1) 90 percent disposed of within 30 days after the defendant’s first court appearance. (2) 98 percent disposed of within 90 days after the defendant’s first court appearance. (3) 100 percent disposed of within 120 days after the defendant’s first court appearance. B. FELONY PRELIMINARY EXAMINATIONS (1) 90 percent disposed of within 30 days after the defendant’s first court appearance. (2) 98 percent within 45 days after the defendant’s first court appearance. (3) 100 percent disposed of within 90 days after the defendant’s first court appearance. (Effective July 1, 2000) 5.01.00 REMOTE APPEARANCES IN CRIMINAL MATTERS Unless otherwise prohibited by law, and as addressed below, parties may appear remotely with the approval of the court. The requesting party must file and serve Local Form M-51 (Application and Order for Video Conference Appearance) at least four (4) days prior to the date the matter is initially set for hearing. Absent prior approval by the court, or a finding of good cause by the court, the court will not accept remote appearances. Any party who does not receive approval to appear remotely must appear physically in court for the hearing. Absent a prior finding of good cause, remote appearances shall not be permitted in criminal matters for evidentiary hearings or trials. An “evidentiary hearing or trial” is any proceeding in which oral testimony or evidence may be provided to the court. Any video recording, audio recording, photographing, taking screenshots and/or reproducing of the proceedings is strictly prohibited. The recording, publishing, broadcasting or other copying or transmission of courtroom proceedings by video, audio, still photography or any other means is strictly prohibited and is subject to penalties for contempt of court. The application form is available at the court’s website or in the clerk’s office. (Revised January 1, 2025) 5.02.00 – 5.09.00 RESERVED FOR FUTURE USE (Revised July 1, 2014) 5.10.00 BAIL (Effective January 1, 1994) 5.10.01 REQUESTS FOR BAIL OR RELEASE ON OWN RECOGNIZANCE Once bail has been set, counsel may request that bail be modified. Written notice of a request to modify bail shall be given to all parties and the court, no less than two (2) court days prior to the hearing, so that the issue may be fully litigated. (Revised July 1, 2025) 5.10.02 BAIL FORFEITURES A. The court will not give notice to the district attorney or to county counsel when considering a request to set aside a forfeiture of bail pursuant to Penal Code section 1305(a), provided all of the following occurs: (1) The defendant has been delivered into the custody of the County Sheriff or the defendant is present at the court proceeding for bail exoneration; and (2) The proceeding for exoneration of bail has been commenced within 180 days after entry in the minutes or mailing of the notice of forfeiture, together with whatever additional time, if any, the court may have ordered pursuant to Penal Code section 1305(a); (3) Where the defendant has been transported back to El Dorado County at public expense, the actual expenses incurred shall be assessed. B. In all other cases, the district attorney and county counsel shall be given notice by the agency posting bail pursuant to the provisions of Penal Code section 1305(a). Proof of service of such notice shall be filed with the court. (Effective January 1, 2025) 5.11.00 TRIAL SETTING AND READINESS CONFERENCES Each criminal case pending trial shall receive a date certain for trial and readiness conference. At the time a trial date is assigned, counsel shall advise the court of the estimated length of trial. Prior to the Readiness Conference, counsel is required to personally meet and confer in an attempt to resolve the matter and resolve any discovery issues. (Revised July 1, 2025) 5.11.01 RESERVED FOR FUTURE USE (Revised, July 1, 2025) 5.11.02 RESERVED FOR FUTURE USE (Revised January 1, 2013) 5.11.03 PRETRIAL CONFERENCE (Revised July 1, 2014) 5.11.04 MOTIONS IN CRIMINAL CASES A. CRIMINAL LAW AND MOTION CALENDAR (1) Length of Hearing: Matters on the criminal law and motion calendar are set for a total of no more than 15 minutes for argument, without the taking of testimony. When a matter is called on the criminal law and motion calendar and it appears that argument will take more than 15 minutes or testimony is required, it shall be deemed a long cause matter. The court, in its discretion, may reset the matter at a date and time convenient to the court for long cause hearing. If counsels believe that a matter will take more than 15 minutes to argue, that matter should not be placed on the regularly scheduled criminal law and motion calendar. In such a case, counsel should contact the calendar clerk and request that the matter be scheduled as a long cause hearing. (2) Pretrial Motions Unless otherwise ordered or specifically provided for by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least ten (10) court days, all reply papers at least five (5) court days, and all reply papers at least two (2) court days before the time appointed for hearing. The court may consider the failure, without good cause, of the moving party to serve and file a memorandum within the time permitted as an admission that the motion lacks merit. Absent good cause and leave of the court, no opening or responding memorandum may exceed fifteen (15) pages in length and no reply memorandum may exceed ten (10) pages in length. The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, table of contents, the table of authorities, or the proof of service. A party may apply to the court ex parte, but with written notice of the application to the opposing party at least 24 hours before the memorandum is due, for permission to file a longer memorandum. The application must state the reasons why the argument cannot be made within the stated limit. B. MOTIONS IN LIMINE (1) Notwithstanding section (A)(2) above, any motions in limine in criminal cases, unless otherwise specifically ordered by the court, shall be submitted in writing not less than seven (7) calendar days before the trial date. Any response to a motion in limine shall be filed not later than four (4) calendar days preceding the first day of trial. (2) A hearing on the motions in limine will be specially set at the convenience of the court, but in no event later than 1:30 p.m. on the Friday preceding the first day of trial. If counsel believe that a hearing on the motions will delay the scheduled trial date, they shall promptly advise the court of the circumstances which will cause the delay. C. COMPLEX MOTIONS DURING TRIAL (1) Motions that are complex, extensive, or are out of the ordinary in any other respect, shall follow the same notice and hearing procedure described above for motions in limine. (Revised January 1, 2025) 5.11.05 ELECTRONIC RECORDINGS OFFERED INTO EVIDENCE Unless otherwise ordered by the court, a party offering into evidence an electronic sound or sound-and-video recording shall have a typewritten transcript of the recording lodged with the court and a copy provided to opposing parties no later than the time of the hearing on the motions in limine. (Revised August 1, 2016) 5.12.00 TRIAL (Effective January 1, 1994) 5.12.01 CONTINUANCES A continuance of a criminal trial or hearing shall require the approval of the court. Counsel are required to file a noticed motion requesting a continuance, or written stipulation to a continuance. The written stipulation shall include a good cause finding and shall be signed by all counsel and defendant(s) with an approval line for the Court. The stipulation shall include a time waiver by defendant(s). (Revised July 1, 2025) 5.12.02 MARKING EXHIBITS In any case in which 10 or more exhibits will be marked for identification, all counsel shall meet and confer not later than the day before trial and provide the clerk with a list of proposed exhibits, along with a brief description, to be marked. These lists should be electronically transmitted when possible. If less than 10 exhibits are to be marked, the List of Exhibits Form, together with the marked exhibits, shall be delivered to the clerk by 8:30 a.m. on the morning of the first day of trial. The clerk will provide exhibit marking tags and the List of Exhibits Form upon request of counsel. (Revised August 1, 2016) 5.12.03 WITHDRAWAL OF TIME WAIVERS A 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). 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. (Effective July 1, 2020) 5.13.00 FELONY BAIL SCHEDULE The court will periodically adopt a bail schedule. The CEO of the Superior Court shall maintain copies of the current schedule and make it available on the court website. (Revised July 1, 2025) 5.14.00 EXHIBIT STORAGE AND DISPOSITION (Revised July 1, 2014) 5.14.01 POLICY It is the policy of the El Dorado County Courts that evidence admitted in any case before the courts: A. Shall be only those items required in the case; B. Shall not pose a security or storage problem nor a risk to health or safety; C. Shall not be retained by the court beyond the minimum time required by law, unless good cause is shown. (Effective January 1, 1994) 5.14.02 RECEIPT OF EXHIBITS A. No exhibits shall be accepted by the exhibits custodian unless: (1) All containers of liquid substances shall be clearly marked as to the type of liquid and the amount; (2) All containers of controlled substances shall be clearly marked identifying the substance and its weight, and are sealed to prevent pungent or strong-smelling odors and leaks; (3) All cash, whether individually or packaged, shall be specifically identified as to the total amount of cash and the number of bills of each denomination; (4) All firearms shall be secured by means of a nylon tie or trigger lock (5) All hypodermic needles shall be placed in containers that safeguard personnel handling the exhibit from accidental injury. B. All exhibits must be individually tagged with the appropriate exhibit tag. Each exhibit tag must be properly completed and securely attached to the exhibit. C. No exhibit shall be received by the court if it poses a security or storage problem or a risk to health or safety. Unidentified liquids, containers, or suspect substances shall be returned to the party who offered the exhibit. Types of exhibits which will not be received include, but are not limited to, the following: (1) Any type of explosive powder; (2) Explosive chemicals, including toluene and ethane; (3) Explosive devices, including grenades, pipe bombs; (4) Flammable liquids, including gasoline, kerosene, lighter fluid, paint thinner, and ethyl ether; (5) Canisters containing tear-gas, mace, or similar substances; (6) Rags that have been soaked in flammable liquids; (7) Liquid drugs, including phencyclidine (PCP); methamphetamine, fentanyl, corrosive liquids, pyrrolidine, morpholine, and piperidine; or (8) Samples of blood, urine, other bodily fluids, and any substance requiring refrigeration or humidity-controlled storage. D. Exhibits toxic by their nature that pose a health hazard to humans shall be introduced to the court in the form of a photographic record and a written chemical analysis certified by competent authority. Where the court finds that good cause exists to depart from this procedure, toxic exhibits may be brought into the courtroom and introduced. Upon conclusion of a trial, exhibits containing toxic or hazardous materials, including but not limited to bodily fluids, controlled substances (including marijuana), weapons, and any other exhibit the court determines may present a hazard shall be returned to the originating agency for storage pending appeal. E. Any exhibit that is improperly tagged, marked, weighed, or otherwise improperly identified, will not be accepted by the court. F. The court, in its discretion, may admit any exhibit in the interests of justice. G. Original photographs shall be substituted for any photographically enlarged exhibits. H. The court, in its discretion, may order a representative sample and/or a photograph substituted for large or bulky exhibits that pose a storage problem. (Revised July 1, 2025) 5.14.03 RETENTION, DESTRUCTION, AND RETURN OF EXHIBITS A. The clerk shall retain custody of any exhibit introduced into evidence in a criminal proceeding until the final determination or dismissal of the action or proceeding, or as otherwise required by law. B. Upon entry of a judgment of acquittal/not guilty verdict, all exhibits that have been marked, identified, and/or admitted into evidence, shall be removed from the courtroom by counsel at the conclusion of the trial. C. Except in capital cases, once a judgment has become final, and any appellate proceedings in the matter have been terminated, exhibits retained from a case shall be promptly destroyed or otherwise disposed of by the court clerk in accordance with current law or rule of court. Parties who wish to retain their exhibits shall sign and file with the clerk a request for return of exhibits prior to the end of the hearing or trial of the matter. D. Except as required by law, the court, on its own motion, may order exhibits destroyed or otherwise disposed of, or may order that exhibits be returned to the attorney for the party introducing those exhibits, 60 days after the expiration of the time for filing a notice of appeal. (Revised July 1, 2006) 5.14.04 VIEWING EXHIBITS While a case is active, only the attorneys of record and court personnel may view the exhibits. Viewing of exhibits by the attorneys of record shall take place in the presence of the exhibit’s custodian. Exhibits may not be altered or taken apart, except upon order of the court. (Revised July 1, 2025) 5.15.00 COURT APPOINTED COUNSEL AND EXPERTS; COMPENSATION (Effective January 1, 1994) 5.15.01 RESERVED FOR FUTURE USE (Revised July 1, 2006) 5.15.02 INVESTIGATIVE FEES AND EXPENSES A. Application for Fees and Expenses. Application for investigative fees and expenses shall be made in writing, as follows: (1) To the judge of the department to which the case has been assigned; (2) To the judge of the department to which the matter has been referred pursuant to Penal Code section 987.9; or (3) To the presiding judge for all other cases. B. Amount of Fees. The amount of fees will be as set by court policy, including maximum rates and claims procedure. (Revised July 1, 1995) 5.15.03 EXPERT FEES AND EXPENSES A. Application for Expert Fees and Expenses. Application for expert fees and expenses shall be made in writing as follows: (1) To the judge of the department to which the case has been assigned; (2) To the judge of the department to which the matter has been referred, pursuant to Penal Code section 987.9; or (3) For all other cases, to the presiding judge. B. Amount of Fees. In no event shall the court grant fees or expenses not reasonably justified by the nature of the case, as supported by written application. The written application shall specify the nature, purpose, and materiality of the proposed expert services and shall contain an estimate of the fees and expenses involved including the proposed expert’s hourly fees for out of court work and for courtroom testimony. The name of the expert to be retained and a brief statement of qualification shall also be included or attached. Unusual or extraordinary requests shall be justified in detail. C. Order for Fees and Expenses. The order for expert fees and expenses shall be on a form approved by the court. D. Maximum Rates for Expert Services and Testimony. Claims for expert services authorized pursuant to this Rule shall not exceed the amounts approved by the court. E. Submission of Claims. Claims for expert fees and expenses shall be made on a form approved by the court, to which must be attached a copy of the court order awarding fees and a detailed accounting of all claimed fees and expenses. The claim shall be submitted to the department that authorized the expenditure as specified in subsection (A) of this rule. (Revised July 1, 2013) 5.15.04 PUBLIC ACCESS TO POLICE REPORTS Any police report submitted to the court shall be placed in the confidential section of the court file by the clerk. A member of the public may request that a police report be made available upon written notice. Within five (5) court days of the request, a judge will review the report and may redact any contact information for witnesses and victims, including telephone numbers and addresses, as well as any other information the judge concludes meets the constitutional standards for confidentiality. Upon completion of the judge’s review, the police report will be made available to the person requesting the report. (Revised July 1, 2014) 5.15.05 JURY INSTRUCTIONS No later than the first day of trial in a criminal case, the prosecution shall submit proposed jury instructions for use in that case. (Revised July 1, 2025)
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.