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Chapter 3 (Rules 3.1 to 3.6.4): emergency search or arrest warrant requests during non-court hours to the designated duty judge, non-emergency warrant requests during regular court hours (3.1.1); motions regarding release on own recognizance or bail modification before the arraignment department judge or commissioner (3.1.2); a subsequent motion for the same relief accompanied by a declaration of the prior motion and the new or different facts (3.1.3); no continuances unless the court is presented convincing proof of good cause in accordance with Penal Code § 1050, a stipulation of counsel not necessarily good cause (3.1.5); petitions for writ of habeas corpus filed with the Clerk, priority to emergency petitions (3.1.6); writs of mandate and prohibition in misdemeanor or traffic cases filed in the Appellate Division (3.1.7); the Clerk to retain custody of any exhibit introduced into evidence until the final determination or dismissal of the action (3.1.9); a petition for dismissal under Penal Code §§ 1203.4, 1203.4a or 1203.41 without a calendared hearing date with an income and expense declaration (form TCR-105A), and proof of service on the Office of the District Attorney (3.1.11); court staff authorized to grant one sixty (60) day continuance for the initial payment of criminal fines, with a thirty dollar ($30.00) administrative fee or a fifty dollar ($50.00) installment fee (3.1.12); involuntary medication hearings via video conference (3.1.13); petitions to terminate sex offender registration served on the law enforcement agency and the Fresno County District Attorney's Office within 15 court days, proof of service on form PJV-61 in Juvenile Justice Court and form CR-416 encouraged in Superior Court (3.1.14); the court to endeavor to dispose of misdemeanor cases 90% within thirty (30) days after the first court appearance, 98% within ninety (90) days and 100% within 120 days (3.2.1); a misdemeanor case assigned to a specific department for all remaining aspects, including trials estimated to last two (2) days or less, a pretrial hearing for all motions for continuance, waiver of jury and change of plea, and misdemeanor trials called at 8:30 a.m. on Thursday (3.2.2 to 3.2.5); misdemeanor motions made in the assigned department and filed in writing no later than ten (10) court days before the hearing, opposition papers five (5) and reply papers two (2) court days before, and items electronically submitted as a PDF file no larger than 5 GB (3.3.1 to 3.3.5); the court to endeavor to dispose of felony filings 90% within thirty (30) days after the first court appearance, 98% within forty-five (45) days and 100% within ninety (90) days, all proceedings from arraignment through settlement conference in a Designated Department assigned alphabetically by last name of defendant, reciprocal informal discovery ordered at arraignment, and felony Settlement Conferences on Thursdays two (2) weeks before trial (3.4 to 3.4.7); felony motions made in the Designated Department, Penal Code § 995 motions and special hearings on motions to suppress set in the department of the supervising judge of the Criminal Division, motions filed not less than ten (10) court days before the hearing, opposition papers five (5) and reply papers two (2) court days before, and motions to suppress and for traverse of a search warrant to comply with the filing, notice, and content requirements (3.5 to 3.5.2); and a trial by written declaration under Vehicle Code § 40903 for a defendant who fails to appear, post bail, request an extension or pay, and on timely request under rule 4.210 of the California Rules of Court, appeals to the Appellate Division, the Notice of Appeal (form TR1-55) filed within thirty (30) CALENDAR DAYS after the rendition of judgment, a pilot program of online adjudication and ability to pay determinations, and infraction arraignments, trials and related proceedings by Zoom, a request to attend remotely at least three (3) court days and documents or evidence at least two (2) court days before the hearing (3.6 to 3.6.4).
CHAPTER 3. CRIMINAL RULES RULE 3.1 GENERAL CRIMINAL RULES 3.1.1 Request for Warrants During non-court hours, all requests for emergency search or arrest warrants shall be submitted to the designated duty judge. Non-emergency warrant requests shall be submitted during regular court hours (8:30 a.m. to noon and 1:30 p.m. to 5:00 p.m.) “Emergency” in this context is defined as follows: 1. Imminent Th
Reviewer note: Composed 2026-10-14 (California T4 Fresno build 2026-10-14) from BenchPath custody ca/t4/ca-fresno/docs/local-rules/july-2026-master-printing-document.pdf (the court's rule book, its cover “LOCAL RULES FOR THE SUPERIOR COURT OF CALIFORNIA COUNTY OF FRESNO July 1, 2026 Publication”, as fetched 2026-10-14; 4584754 bytes, sha256 51525184531d88ffbf21b6b2decfa0c7616c04af7f0b0832eb7bd75d0552fb65; 260 pages; this part PDF pages 69 to 86, printed pages 3-1 to 3-18) with the shared verbatim composer (v2 reflow): the rules and Appendix A1 (PDF pages 19 to 219) composed as one text and cut at the chapter headings (“CHAPTER 1. ADMINISTRATIVE RULES” to “CHAPTER 7. PROBATE RULES”) and, in Chapters 2, 5, 6 and 7, at rule headings (“RULE 2.5 MANDATORY SETTLEMENT CONFERENCE”, “RULE 2.11”, “RULE 5.5”, “RULE 5.9”, “RULE 6.3”, “RULE 6.5”, “RULE 6.8”, “RULE 7.15”) and at “APPENDIX A: CIVIL”, each matched once as a whole line; every page's running header (“FRESNO COUNTY SUPERIOR COURT”) and its footer - the chapter's name (“Administrative Rules” to “Probate Rules”, “Appendix”) and the printed page number (“1-1”, “A-1”) - named and removed as chrome, with the mark “THIS PAGE INTENTIONALLY LEFT BLANK.” of five blank pages (PDF 36, 68, 86, 140 and 194) - 608 chrome lines; lines reflowed into the rules' paragraphs, each rule's heading, sub-rule number, lettered or numbered subdivision and history line starting a line; the section number “300” printed alone at the top of PDF page 160 (in Rule 6.3.7's heading) kept by the composer's top-band option; the strike report (review/strike-report-2026-10-14.txt) finds one struck run, of spaces only, on PDF page 185 - no struck character; 49 whitespace-only fixes (build/book-fixes.json: 36 line breaks the reflow or a page break left inside a sentence or a rule reference, rejoined; 9 runs of printed lines or table rows the reflow ran together, split - among them Rule 7.9's newspapers and the first rows of Appendix A1's schedule; 4 form numbers the line ends broke, closed up - “MC-355”, “RA-010”, “JV-505” and “TR1-55”); the vertical-gap, short-line, page-break, false-break and structural-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 (“form TR1-55”, “8.60 through 8.880”, Rule 6.7.2's subdivisions A, C and D); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover and its back (PDF pages 1 and 2), the table of contents and list of effective rules (3 to 18), the index (229 to 238) and the templates and forms listing (239 to 260) belong to no card; Appendices B1 to F1 (220 to 228) are decided in the document catalog. Review note: Rule 3.6.2 prints “Rules 8.800 through 8.821 and 8.60 through 8.880 of the California Rules of Court” and “The Notice of Appeal (form TR1-55)”; Rule 3.6.1(A) prints “a TTR-206 Form” and “Form TTR-205.2”, as printed. The Collections page (carded) cites the trial by declaration as “Fresno Superior Court Local Rule 3.6.2”; the book sets it in Rule 3.6.1.
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 > Fifth Appellate District > Fresno County > Superior Court of California, County of Fresno
CHAPTER 3. CRIMINAL RULES RULE 3.1 GENERAL CRIMINAL RULES 3.1.1 Request for Warrants During non-court hours, all requests for emergency search or arrest warrants shall be submitted to the designated duty judge. Non-emergency warrant requests shall be submitted during regular court hours (8:30 a.m. to noon and 1:30 p.m. to 5:00 p.m.) “Emergency” in this context is defined as follows: 1. Imminent Threat: There is an immediate risk to public safety, such as a threat of violence or harm to individuals. 2. Destruction of Evidence: There is a reasonable belief that evidence related to a crime may be destroyed or removed if law enforcement does not act quickly, which would include DUI blood draws. 3. Flight Risk: There is a concern that a suspect may flee or evade arrest if law enforcement dose not act promptly. 4. Public Safety: Situations that pose an imminent or immediate risk to the safety of the community or individuals. (Effective January 1, 2026, Rule 3.1.1 renumbered effective January 1, 2006; adopted as Rule 14.1 effective July 1, 2000) 3.1.2 Release on Own Recognizance Motions regarding release on own recognizance or for bail modification prior to the first court appearance should be made, in all cases, before the arraignment department judge or commissioner during normal court hours. After the first court appearance, such motions shall be made in the arraignment department or the department assigned to hear such motions, in open court. (Rule 3.1.2 renumbered effective January 1, 2006; adopted as Rule 14.2 effective July 1, 2000) 3.1.3 Resubmission of Motions Previously Acted Upon A. When any motion, or other application for an order has been made to any judge of the court, and has been denied in whole or in part or has been granted in whole or in part, or granted conditionally or with limiting terms, any subsequent motion made by the same party in the same case for the same relief, upon materially changed circumstances, shall be accompanied by a declaration that: 1. A prior motion has been made, 2. The date and judge involved in the prior motion, 3. The nature of the motion, 4. The ruling, decision or order made thereon, and 5. The new or different facts or materially changed circumstances claimed to warrant relief, and the reason facts or circumstances were not presented to the judge who earlier ruled on the motion. B. Any order made on subsequent applications failing to comply with these requirements may be vacated or set aside on ex parte application or on the court’s own motion at any time. (Effective July 1, 2020; Rule 3.1.3 renumbered effective January 1, 2006; adopted as Rule 14.3 effective July 1, 2000) 3.1.4 Defendant’s Clothing The attorney representing a defendant in the custody of the Sheriff in a criminal matter shall make timely and appropriate arrangements to ensure that the defendant is suitably dressed for trial before the case is assigned to a trial department. (Rule 3.1.4 renumbered effective January 1, 2006; adopted as Rule 14.14 effective July 1, 2000) 3.1.5 Continuances A. All criminal cases set for trial will proceed to trial on the date scheduled in the absence of good cause. No continuances will be granted unless the court is presented convincing proof of good cause for a continuance in accordance with Penal Code § 1050. A stipulation of counsel to a trial continuance does not necessarily constitute good cause. B. Motions for trial continuances shall be made in writing and served in accordance with Penal Code § 1050(b), unless the necessary showing is made under § 1050(c). C. In felony cases after arraignment on the information or indictment, all motions for trial continuances shall be made to the judge in the Designated Department. D. If, on the date set for trial, counsel is actually engaged in the trial of another case, the case scheduled for trial will trail from day to day until completion of the trial in the other case, or to such other date as set by the court under § 1050(c). (Effective July 1, 2007; Rule 3.1.6 (now 3.1.5) renumbered effective January 1, 2006; adopted as Rule 14.6 effective July 1, 2000) 3.1.6 Habeas Corpus Writs A. All petitions for writ of habeas corpus shall be prepared as specified by the California Rules of Court and filed with the Clerk. Unless otherwise directed by the court, each petition will be assigned a unique case number by the Clerk and immediately forwarded to the research staff for review. B. Once this initial review has been completed, the petition will be sent to the designated judge. Unless otherwise specified by the Presiding Judge, all such petitions will be acted upon by the judge assigned to hear criminal law and motion matters. Action on the petition will be taken in accordance with the provisions of the California Rules of Court. C. Priority will be given to emergency petitions, i.e., those alleging that time is of the essence to protect the petitioner from death or permanent disability. Ex parte communications are discouraged. D. Petitions that do not comply with the California Rules of Court and these rules may be summarily denied. Habeas Corpus petitions are not a substitute for a timely appeal, and should not be sought until all legal and administrative remedies have been exhausted. E. The repeated filing of unmeritorious petitions may be deemed an abuse of process, and may subject the petitioner to appropriate sanctions as ordered by the court. (Effective July 1, 2007; Rule 3.1.7 (now 3.1.6) renumbered effective January 1, 2006; adopted as Rule 14.7 effective July 1, 2000) 3.1.7 Writs of Mandate and Prohibition A. Petitions for extraordinary relief by way of mandamus and/or prohibition in misdemeanor or traffic cases shall be filed and processed in the Appellate Division. Such relief should not be sought until all existing legal and administrative remedies have been exhausted. B. Petitions for extraordinary relief by way of mandamus and/or prohibition in felony cases, which challenge a ruling by a magistrate made prior to defendant being held to answer, shall be filed and processed in the underlying felony criminal case. The supervising judge of the Criminal Division will then assign the petition to a single superior court judge for determination. In the event the supervising judge of the Criminal Division acted as the magistrate whose ruling is being challenged the assignment of the petition shall be made pursuant to rule 3.4.2. C. When an emergency situation exists, it is the responsibility of the petitioner to clearly indicate the nature of the emergency in the petition, and to also inform the Clerk at the time the petition is filed. For the purposes of these petitions, emergency situations include actions in which time is of the essence to prevent denial of a fundamental constitutional right or undue hardship. D. Petitions that are defective, incomplete, lack adequate supporting documentation, or fall outside the scope of the court’s jurisdiction may be summarily denied. Abuse of the writ process may subject the petitioner to appropriate sanctions. (Effective January 1, 2010; Rule 3.1.8 (now 3.1.7) renumbered effective January 1, 2006; adopted as Rule 14.8 effective July 1, 2003) 3.1.8 Attorney, Expert and Investigation Fees A. Any application or motion by retained counsel to continue representation as appointed counsel in a criminal case shall be made to the Presiding Judge or their designee. B. The fees for an attorney appointed to represent a defendant in a criminal case, the investigator and interpreter fees and fees for medical, psychological and psychiatric services are governed by the Fresno County Courts Appointed Counsel/Expert General Claim Processing Practices, a copy of which is available from the Clerk. (Effective July 1, 2026; Rule 3.1.9 (now 3.1.8) renumbered effective January 1, 2006; adopted as Rule 14.9 effective July 1, 2000) 3.1.9 Retention of Exhibits Prior to Final Determination of Action or Proceeding A. Clerk to Retain Custody of Exhibits: The Clerk shall retain custody of any exhibit introduced into evidence in a criminal proceeding, including the preliminary hearing, until the final determination or dismissal of the action or proceeding, or as otherwise required by law. No exhibit, having been introduced into evidence, may be returned absent a court order, consistent with Penal Code § 1417.2. B. Hazardous Materials: Hazardous materials may only be brought to the courtroom or received into evidence consistent with Penal Code § 1417.3(b). (Effective January 1, 2009, New) 3.1.10 Sound and/or Video Recordings to be Offered as Evidence in Criminal Cases Any party intending to offer any sound and/or video recording in evidence shall lodge with the Court on the first day of trial, or prior to the commencement of the motion or hearing, a copy converted to a format compatible with the equipment used by the Court. In the discretion of the Court, such evidence may be lodged at another time. (Effective January 1, 2023; adopted as Rule 3.1.10 effective July 1, 2010) 3.1.11 Penal Code Sections 1203.4, 1203.4a, and 1203.41 A. Petition for Dismissal. Submission of a petition for dismissal, pursuant to Penal Code §§ 1203.4, 1203.4a or 1203.41 without a calendared hearing date will require that the defendant seeking such relief also submit with their petition a completed income and expense declaration, providing the information required on Judicial Council form TCR-105A. Failure to include the required income and expense declaration may result in summary denial of the petition, without prejudice. B. Proof of Service. All petitions for dismissal, including those filed by Fresno County Probation on behalf of a defendant, submitted for filing pursuant to Penal Code §§ 1203.4, 1203.4a (only as to infractions), or 1203.41 shall include proof of service of the petition on the Office of the District Attorney. (Pen. Code §§ 1203.4, subd. (e); 1203.4a, subd. (f) & 1203.41, subd. (e)(1).) Failure to provide proof of service of the petition on the Office of the District Attorney, at the time of filing, will result in summary denial of the petition, without prejudice. (Effective January 1, 2020; adopted as Rule 3.11.11 effective July 1, 2011) 3.1.12 Payment of Criminal Fines A. Continuances. Court Staff is authorized to grant one sixty (60) day continuance for the initial payment of criminal fines; one sixty (60) day continuance once monthly payments have been established; and one request to change the specific day of the month that the monthly payment is due. Any requests for a continuance of more than sixty (60) days shall be made to a judicial officer either in writing or through a personal court appearance. B. Requests for Monthly Payments Following an Order That the Fine Be Paid in One Payment 1. Defendants who appear in Court are currently given several options for paying, including: (1) pay in full on the date of their Court appearance; (2) pay in full [including an additional thirty dollar ($30.00) administrative fee] by a future date; or (3) a monthly payment plan [including an additional fifty dollar ($50.00) installment fee.] 2. For defendants who elect in Court to pay their fine in full on the date of their court appearance and fail to do so, Court staff is authorized on that same day to either: (1) add the thirty dollar ($30.00) administrative fee and give the defendant sixty (60) days to pay in full; or (2) add the fifty dollar ($50.00) installment fee and convert the defendant to a monthly payment plan. 3. For defendants who elect in Court to either pay their fine in full by a future date or by monthly payments, Court staff is authorized to delete the thirty dollar ($30.00) administrative fee or the fifty dollar ($50.00) installment fee if the defendant pays in full on the date of their court appearance. 4. For defendants who elect in Court to pay their fine in full by a future date, Court staff is authorized to convert those defendants to a monthly payment plan if the defendant’s request is made prior to the date by which the fine was ordered to be paid in full. When this request is made, Court staff is authorized to delete the thirty dollar ($30.00) administrative fee and add the fifty dollar ($50.00) installment fee. 5. For defendants who elect in Court to pay by monthly payments, Court staff is authorized to vacate the fifty dollar ($50.00) installment fee and add a thirty dollar ($30.00) administrative fee if the defendant pays in full by the first monthly payment due date. C. Transferring Overpayments. In the event a defendant remits more money than is due on a case, the overpayment shall be refunded to the defendant, unless the defendant has an outstanding balance in any other case with a disposition, in which case Court staff is authorized to transfer the overpayment to the case with an outstanding balance. Any remaining balance will then be refunded to the defendant. (Effective January 1, 2017; adopted as Rule 3.1.12 effective January 1, 2015) 3.1.13 Video Conferencing in Involuntary Medication Hearings Involuntary medication hearings held pursuant to 9 California Code of Regulations § 4210, shall be held via video conference, unless otherwise ordered by the court for good cause shown. The patient, doctor and attorneys will be present at the facility and will appear for the hearing by video. The video equipment provided by the facility must provide two-way video and audio communication compatible with the video conference equipment of the court. (Effective July 1, 2018, New) 3.1.14 Petitions to Terminate Sex Offender Registration A. Applicability. This rule applies to all petitions to terminate sex offender registration, whether filed in Fresno County Superior Court or Fresno County’s Juvenile Justice Court. B. Service and Proof of Service. In every case, a copy of the petition and proof of current registration must be served on the law enforcement agency with whom petitioner currently registers in Fresno County and the Fresno County District Attorney’s Office, either by petitioner of someone acting on their behalf no later than 15 court days after the date the petition was filed with the court. Proof of such service must also be filed within 15 court days from the petition’s filing. C. Registerable Offense Conviction Outside Fresno County. If petitioner’s conviction for a registerable offense occurred in a county other than Fresno, a copy of the petition and proof of current registration must also be served on the law enforcement agency and the District Attorney’s Office of the county in which petitioner was convicted of the registrable offense. Service of these entities must occur no later than 15 court days after the date the petition was filed with the court. Proof of such service must also be filed with the court within 15 court days from the petition’s filing. D. Registerable Offense Conviction in Federal or Military Court. If petitioner’s conviction for a registerable offense occurred in federal court, a copy of the petition and proof of current registration must also be served on the United States Attorney’s Office for the District Court from which petitioner’s registration requirement originated, as well as the law enforcement agency that investigated the charges(s) filed in the District Court case. If petitioner’s conviction for a registerable offense occurred in a military court, a copy of the petition and proof of current registration must additionally be served on the prosecuting and investigating agencies of the registration offense. Service on these entities must occur no later than 15 court days after the date the petition was filed with the court. Proof of such service must also be filed with the court within 15 court days from the petition’s filing. E. Form of Proof of Service. If the petition and proof of current registration were filed in Juvenile Justice Court and were served by mail and/or personal delivery, petitioner is required to use Proof of Service – Juvenile Sex Offender Registration Termination (form PJV-61). If the petition and proof of current registration were filed in Superior Court and were served by mail and/or personal delivery, petitioner is encouraged, but not required, to use Proof of Service – Sex Offender Registration Termination (form CR-416). (Effective July 1, 2025; Rule 4.1.2 (now 4.1.10) renumbered effective January 1, 2006; adopted as Rule 20.2 effective July 1, 2000) (Rule 3.1 renumbered effective January 1, 2006; adopted as Rule 14 effective July 1, 1992) RULE 3.2 MISDEMEANOR CASE RULES 3.2.1 Misdemeanor Filings The court shall endeavor to dispose of misdemeanor cases as follows: 90% within thirty (30) days after the defendant’s first court appearance, 98% within ninety (90) days after the defendant’s first court appearance, and 100% within 120 days after the defendant’s first court appearance. (Rule 3.2.1 renumbered effective January 1, 2006; adopted as Rule 15.1 effective July 1, 2000) 3.2.2 Case Assignment Upon the filing of a misdemeanor action the case is assigned to a specific department. The judge normally assigned to that department is the judge who shall preside over that case and over all remaining aspects of the case, including motions and trials estimated to last two (2) days or less, unless circumstances require assignment of the trial to another department. Trials estimated to last more than two (2) days shall be assigned from the assigned misdemeanor department to an available courtroom on the morning of the trial. All parties shall report to the assigned misdemeanor department at 8:30 a.m. on the morning of the trial. (Effective January 1, 2017; adopted as Rule 3.2.2 effective January 1, 2010) 3.2.3 Continuances All motions for a continuance of a trial shall be made in the assigned trial department. (Effective January 1, 2010; Rule 3.2.2 (now 3.2.3) renumbered effective January 1, 2006; adopted as Rule 15.2 effective July 1, 2000) 3.2.4 Misdemeanor Pretrial Hearing A. Pretrial Hearing. At such time as designated by the court, a pretrial hearing (formerly jury motion) will be held. Unless otherwise ordered by the court, the defendant shall personally appear at the hearing, unless appearing by counsel. B. Duties at Pretrial Hearing. All motions for continuance, waiver of jury, change of plea or other procedural matters shall be presented at the hearing. If the case is not settled at the hearing, the court may order the defendant to appear at the trial readiness hearing prior to the trial date. On the date set for trial there shall be no continuances or other delay of the trial, except on a showing of good cause based on facts not known by the moving party at the time of the pretrial hearing. (Effective January 1, 2010; Rule 3.2.3 (now 3.2.4) renumbered effective January 1, 2006; adopted as Rule 15.3 effective July 1, 2000) 3.2.5 Misdemeanor Trial Calendar Misdemeanor trials shall be called at 8:30 a.m. on Thursday. Trial counsel shall appear unless excused by the Court and shall be ready to proceed at the scheduled time. (Effective January 1, 2017; Rule 3.2.4 (now 3.2.4) renumbered effective January 1, 2006; adopted as Rule 15.4 effective July 1, 2000) (Rule 3.2 renumbered effective January 1, 2006; adopted as Rule 15 effective July 1, 1992) RULE 3.3 MOTIONS AND HEARINGS IN MISDEMEANOR CASES 3.3.1 Assignment of Motions All motions or other matters not connected directly with trial, including, but not limited to motions to suppress, to amend the accusatory pleading, for discovery, dismissal, sanctions, interpreters, or substitution of counsel shall be made in the assigned department. (Rule 3.3.1 renumbered effective January 1, 2006; adopted as Rule 16.1 effective July 1, 2000) 3.3.2 Filing of Motions A. Absent an order shortening time, or provided by statute, motions in misdemeanor cases shall be filed in writing no later than ten (10) court days before the hearing. B. Motions shall contain a notice of motion, the motion itself, a declaration or affidavit in support thereof and a memorandum of points and authorities. Proof of service shall be filed no later than five (5) court days prior to the date of the hearing. C. All opposition papers shall be filed no later than five (5) court days prior to the hearing, with proof of service on all parties. All reply papers shall be filed no later than two (2) court days prior to the hearing, with proof of service on all parties. D. Each paragraph of any declaration shall be numbered sequentially. The original and all copies of exhibits and attachments shall be tabbed and shall be referred to in the pleadings or papers by tab identification. Each exhibit must be separated by a hard 8 ½ x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. (Effective January 1, 2012; Rule 3.3.2 renumbered effective January 1, 2006; adopted as Rule 16.2 effective July 1, 2000) 3.3.3 Motions to Suppress Evidence A. Motions to suppress evidence and all responses shall comply with Penal Code § 1538.5 and controlling case law. (E.g., for searches allegedly conducted without a warrant, see People v. Williams (1999) 20 Cal.4th 119 and its progeny.) If any factual assertions are based on cited documentation (such as a police report) and this documentation has not previously been filed with the court, the party making those assertions shall attach a copy of the cited document. B. Each party is responsible for insuring that its witnesses are present for the hearing. (Rule 3.3.3 renumbered effective January 1, 2006; adopted as Rule 16.3 effective July 1, 2004) 3.3.4 Renewal of Motions Motions decided prior to trial shall not be renewed unless the motion could not, with due diligence, have been made earlier. Any renewed motion shall be based upon grounds of new evidence which could not, with due diligence, have been discovered earlier, or if the original motion as denied without prejudice and leave to renew has been granted by the court. (Rule 3.3.4 renumbered effective January 1, 2006; adopted as Rule 16.4 July 1, 2000) 3.3.5 Submission of Electronic Documentation to the Court Any items electronically submitted for the Court’s consideration (e.g. certificates of completion, letters in support, proof of attendance, etc.) must be as a PDF file no larger than 5 GB in size. (Effective January 1, 2023, New) (Rule 3.3 renumbered effective January 1, 2006; adopted as Rule 16 effective July 1, 1992) RULE 3.4 FELONY CASE RULES 3.4.1 Felony Filings The court shall endeavor to dispose of felony filings (by plea, finding of probable cause, or dismissal) excluding murder cases in which the prosecution seeks the death penalty as follows: 90% within thirty (30) days after the defendant’s first court appearance, 98% within forty-five (45) days after the defendant’s first court appearance, and 100% within ninety (90) days after the defendant’s first court appearance. (Rule 3.4.1 renumbered effective January 1, 2006; adopted as Rule 17.1 effective July 1, 2000) 3.4.2 Designated Department Unless otherwise assigned by the Presiding Judge, all proceedings in each felony case, from arraignment through settlement conference shall be heard in one of the felony departments. For each case, the appropriate department shall be known as the “Designated Department.” Felony cases shall be assigned to the Designated Department alphabetically by last name of defendant. Multiple defendant cases shall be assigned by last name of the first named defendant. (Effective January 1, 2016; adopted as Rule 3.4.2 effective July 1, 2007) 3.4.3 Schedule of Hearings Hearings shall be set in the Designated Departments according to a schedule available from the Clerk’s Office, or by order of the court if not specifically noted. (Effective July 1, 2007, New) 3.4.4 Certification A court which has suspended criminal proceedings pursuant to Penal Code § 1368 shall appoint a psychiatrist or licensed psychologist or two such professions in accordance with Penal Code § 1369(a) and refer the matter to the Designated Department. (Effective July 1, 2007; Rule 3.4.2 (now 3.4.4) renumbered effective January 1, 2006; adopted as Rule 17.2 effective July 1, 2000) 3.4.5 Preliminary Examinations Except as provided in Rule 3.4.2A, preliminary examinations shall be calendared in the Designated Department and motions for continuance of a preliminary examination shall be made in the Designated Department. (Effective July 1, 2007; Rule 3.4.3 (now 3.4.5) renumbered effective January 1, 2006; adopted as Rule 17.3 effective July 1, 2000) 3.4.6 Trial Setting A. At the time of the arraignment and plea, the court will set a date for trial within the statutory period. This is the only notice of the trial date that will be given counsel and the defendant. B. Reciprocal informal discovery, pursuant to Penal Code § 1054, will be ordered at the time of the arraignment. Any additional discovery requests must be made in a duly filed and noticed written motion, complying with all statutory requirements applying to such motions and Rule 3.5.1. (Effective July 1, 2007; Rule 3.4.5 renumbered effective January 1, 2006; adopted as Rule 17.5 effective July 1, 2000) 3.4.7 Settlement Conference A. Trial Confirmations shall be renamed as Settlement Conferences. All felony Settlement Conferences will be set in the Designated Department, on Thursdays. The initial Settlement Conference will be set up two (2) weeks before the date set for trial, or on such other date as set by the Designated Department. B. Trial attorneys who will try the case shall personally appear at the Settlement Conference. In the event a trial attorney has a conflict preventing that attorney’s presence, that attorney shall make arrangements to have another attorney present who is familiar with the case. The appearing defense attorney shall have previously conferred with the client. (Effective July 1, 2007, New) (Rule 3.4 renumbered effective January 1, 2006; adopted as Rule 17 effective July 1, 1992) RULE 3.5 MOTIONS AND HEARINGS IN FELONY CASES 3.5.1 Motions in General A. Except for motions to set aside the indictment or information pursuant to Penal Code § 995 and special hearings on motions to suppress under Penal Code § 1538.5, subdivision (i), where a motion to suppress was made at the preliminary hearing, all motions or other matters not connected directly with trial, including, but not limited to, motions to suppress, to amend the accusatory pleading, for discovery, dismissal, sanctions, interpreters, or substitution of counsel shall be made in the Designated Department. Dates and times for hearings shall be cleared with the individual Designated Department, an authorization form indicating the pre-approved date shall be submitted with the motion. B. Motions to set aside the indictment or information pursuant to Penal Code § 995, and special hearings on motions to suppress under Penal Code § 1538.5, subdivision (i), where a motion to suppress was made at the preliminary hearing, shall be set in the department of the supervising judge of the Criminal Division, or his or her designee, at the time designated by that judge for motions. No pre-approval of the date is required. In the event that judge (supervising judge or his or her designee) acted as the magistrate at the preliminary hearing, the motion to set aside the information, or for renewal of the suppression motion made at the preliminary hearing, shall be set in the Designated Department pursuant to the procedure for other motions set forth in rule 3.5.1A and D. C. Except as otherwise authorized by the court or required by statute, all motions and accompanying papers must be filed with the Clerk. D. All motions shall contain a notice of motion, the motion itself, a declaration or affidavit in support thereof, a memorandum of points and authorities, and the face sheet indicating approval by the Designated Department of the dates as required by rule 3.5.1A. All motions shall contain, in the area below the Motion Title of the first page of the filing party’s motion, the hearing date, time, and department number, and the filing party’s estimate of the overall time required for the hearing of the matter. A request for a transportation order should be included if a defendant or necessary witness is in custody. If the court has not previously ordered the defendant to be present at the motion hearing and the defendant is not in custody, counsel for the defendant shall give written notice of the hearing date to the defendant and file proof of service of same at the time the motion is filed. Failure to request a transportation order when one is required or to give such notice to a non-custody defendant may result in the motion being taken off calendar. E. Motions to suppress that are to be heard at the preliminary hearing must be personally served and filed at least five (5) court days before the preliminary hearing. Any written response by the People to the motion shall be filed with the Court and personally served on the self-represented defendant or the attorney of record at least two (2) court days prior to the hearing. F. All other motions and accompanying papers shall be filed not less than ten (10) court days prior to the hearing, unless otherwise provided pursuant to an order shortening time or a statute. Proof of service shall be filed no later than five (5) court days prior to the date of the hearing. G. All opposition papers shall be filed no later than five (5) court days prior to the hearing, with proof of service on all parties. All reply papers shall be filed no later than two (2) court days prior to the hearing, with proof of service on all parties. H. Any papers filed with the Clerk in connection with the motion or response thereto shall be accompanied by two complete copies in addition to the original. I. Continuances of hearings on motions shall not be granted except for good cause shown and upon the filing of a written notice of intention to move for such continuance with the Clerk, together with proof of service on all other parties two (2) court days prior to the hearing. J. Motions and accompanying papers pursuant to Penal Code § 995 shall include the following: 1. A brief statement in summary form of the facts as set forth in the preliminary examination transcript; 2. A statement of the issues, specifically identifying why the information or indictment should be set aside; 3. Where defendant intends to rely upon some testimony in the transcript, the moving papers shall contain references to the testimony, identified by page and line number of the transcript; and, 4. A statement of the authorities upon which defendant relies with explanation as to why they are applicable. Mere citation of sections of the California Penal Code and the U.S. Constitution will not be sufficient. K. Each paragraph of any declaration shall be numbered sequentially. The original and all copies of exhibits and attachments shall be tabbed and shall be referred to in the pleadings or papers by tab identification. Each exhibit must be separated by a hard 8 ½ x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. (Effective January 1, 2023; Rule 3.5.1 renumbered effective January 1, 2006; adopted as Rule 18.1 effective July 1, 2004) 3.5.2 Motions to Suppress Evidence A. In addition to the requirements of Rule 3.5.1, motions to suppress evidence and all responses shall comply with Penal Code § 1538.5 and controlling case law. (See, e.g., People v. Williams (1999) 20 Cal.4th 119 and its progeny when a warrantless search is at issue.) B. Pursuant to Penal Code § 1538.5(b), hearings to challenge searches, based upon a warrant, should first be heard by the issuing magistrate, if available. Defendants seeking to challenge such a warrant shall comply with the procedure in Local Rule 3.5.1A, in the calendaring and filing of said motion with the issuing magistrate as the “Designated Department.” In cases where the motion is brought to coincide with the preliminary hearing the hearing on the motion shall instead be heard by the magistrate assigned to conduct the preliminary hearing. (Pen. Code § 1538.5 subd. (f).) C. All motions to suppress must comply with the filing, notice, and content requirements of Local Rule 3.5.1. 1. Moving papers shall include the following: a. If factual assertions are based on cited documentation (such as police reports) and this documentation has not previously been filed with the court, the moving party shall attach a copy of the cited document. b. Where a motion to suppress was made at the preliminary examination, any references in the supporting papers to such testimony shall be identified as to volume number, if more than one volume, and page and line number in the transcript. c. Where no motion to suppress was made at the preliminary examination and if the moving party requests testimony be received by the court at the hearing, the first page of the notice of motion, or motions, shall so indicate. The failure to so indicate shall be construed by the court as a request by the moving party to submit the matter on the statement or statements of fact and the argument of counsel. d. Where a motion to suppress was made at the preliminary examination and if the moving party requests additional testimony be received by the court at such hearing, the first page of the notice of motion, or motions, shall so indicate. The failure to so indicate shall be construed by the court as a result on the part of the moving party that the matter be submitted on the transcript(s) of prior proceedings and the argument of counsel. 2. Responding papers shall include the following: a. If factual assertions are based on cited documentation and this documentation has not yet been filed with the court, the responding party shall attach a copy of the cited document. b. If the responding party intends to present testimony at the hearing, the first page of the response shall so indicate. Failure to so indicate may be construed by the court as a waiver of any right to call or recall witnesses. c. Where no motion to suppress was made at the preliminary hearing and if the responding party requests testimony be received by the court at the hearing, the first page of the notice of motion or motions shall so indicate. The failure to so indicate shall be construed by the court as a request by the responding party to submit the matter on the statement or statements of fact and the argument of counsel. D. Each party is responsible for insuring that its witnesses are present for the hearing. E. Motions for Traverse of Search Warrant: 1. In accordance with Franks v. Delaware (1978) 438 U.S. 154, 90 S.Ct. 2674, as explained in People v. Wilson (1986) 182 Cal.App.3d 742, 227 Cal.Rptr. 528, the moving party must do the following: a. Make a Penal Code § 1538.5 motion. b. Establish standing to contest the search. c. Point to specific portions of the affidavit which contain false information, or demonstrate with specificity what information it is claimed was omitted. d. Allege that the misstatements or omissions were made by the officer/affiant with the intent to deceive, or were made recklessly (i.e., with utter disregard for the truth). Allegations of negligence, or allegations failing to refer to the state of mind of the affiant, are insufficient. e. Demonstrate that the alleged misstatements or omissions were material. Materiality in this context means that the affidavit with the objectionable language taken out or omissions added would be lacking sufficient probable cause. f. Submit affidavits or other competent evidence demonstrating the probable truth of the defense allegations, or satisfactorily explain the absence of such affidavits. F. If any motion involves a warrant, the moving papers shall include a copy of the warrant and its affidavit. G. Failure to comply with the above-stated rules may result in appropriate sanctions. In the case of the moving party, this may include a summary denial of the motion. (Effective July 1, 2008; Rule 3.5.2 renumbered effective January 1, 2006; adopted as Rule 18.2 effective July 1, 2004) (Rule 3.5 renumbered effective January 1, 2006; adopted as Rule 18 effective July 1, 1992) RULE 3.6 TRAFFIC INFRACTION CASES 3.6.1 Trial by Declaration A. Pursuant to Vehicle Code § 40903, a defendant charged with Vehicle Code infractions or violations of local ordinances adopted pursuant to the Vehicle Code who fails to (1) appear in court to plead or set a trial date, (2) post bail and request a trial by written declaration by mail, (3) request an extension, or (4) pay and forfeit bail by the date shown on the notice to appear may be deemed to have elected to have a trial by written declaration upon any alleged infraction or violation, as charged by the citing officer. A defendant deemed to have elected this procedure will be mailed a TTR-206 Form. Failure to return a written declaration by the date shown on Form TTR-205.2 may result in a trial upon such evidence as provided by Vehicle Code § 40903(b) and the case may be adjudicated solely on the merits of the citing document. B. A trial by written declaration is also available to any defendant who wishes to contest the citation and who timely requests a trial by written declaration in writing. A trial by written declaration shall be requested and conducted in accordance with rule 4.210 of the California Rules of Court. A trial by declaration is not available if defendant has been notified that a personal appearance is mandatory. A defendant electing this procedure shall complete and return to the Clerk Forms TR-205, Election by Trial By Written Declaration, and TR-200, Instructions to Defendant and shall notify the Clerk of his or her current address and of any changes thereof. Failure to return a written declaration by the date shown on Form TR-205 may result in a trial upon such evidence as provided by Vehicle Code § 40902(c). (Effective January 1, 2016; Rule 3.6.2 (now 3.6.1) renumbered effective January 1, 2006; adopted as Rule 19.2 effective January 1, 2002) 3.6.2 Traffic Infraction Appeals A party may appeal an unfavorable decision made in the trial court to the Appellate Division of the Superior Court pursuant to Rules 8.800 through 8.821 and 8.60 through 8.880 of the California Rules of Court. The Notice of Appeal (form TR1-55) must be filed with the Clerk of the trial court within thirty (30) CALENDAR DAYS after the rendition of judgment. No extension of time is allowed. The appeal must be directed toward errors of law only. An appeal is not a retrial, and introduction of new evidence will not be permitted. The forms and instructions on appeal procedures are available in all traffic court locations in Fresno County. (Effective January 1, 2009; Rule 3.6.3 (now 3.6.2) renumbered effective January 1, 2006; adopted as Rule 19.3 effective January 1, 2002) 3.6.3 Online Adjudication and Ability to Pay Determinations – Pilot Program The Fresno Superior Court is participating in a pilot program which will include online adjudication and ability to pay determinations in traffic infraction cases. This pilot program is sponsored by the Judicial Council and authorized in division 17, chapter 1.5 of the Vehicle Code (sections 40280-40288). Once implemented a defendant will be able to: 1. Adjudicate and request and ability to pay determination using the procedures authorized in section 40283 of the Vehicle Code, and 2. Elect to have an online trial pursuant to section 40287 of the Vehicle Code. The request may be made through an online tool, accessible through the Court’s website, or in person. Because this program is in its pilot stage, notice will be posted on the Court’s website when the program becomes available and the program may be subject to change. (Effective July 1, 2020, New; Rule 3.6.4 (now 3.6.3) renumbered effective September 15, 2022; adopted as Rule 3.6.4 effective July 1, 2020) 3.6.4 Zoom Proceedings in Infraction Cases A. This rule becomes effective on January 1, 2022, or the date upon which Fresno Superior Court Emergency Rules 3.7.2 and 3.7.3 expire, whichever occurs later. B. The Court permits infraction arraignments, trials and related proceedings to be conducted remotely. These remote hearings will be heard by videoconference/phone, using Zoom. Appearance by Zoom is free. Instructions for how to attend a hearing remotely by Zoom can be found at www.fresno.courts.ca.gov/divisions/traffic. Additional information can be obtained by contacting the Traffic Department at (559) 457-1700, by fax at (559) 457-1710 or by email at Infodeskcrim@fresno.courts.ca.gov. Any person wishing to appear remotely, but lacking internet access, may request to appear by phone by calling the phone number that will be provided in the Notice of Calendar Setting. Sentence modification hearings may not be calendared for Zoom proceedings. C. Judges and court staff may appear remotely. Defendants and attorneys may appear in person in the courtroom or elect to appear remotely. When a defendant or his/her attorney elects to appear remotely for trial the witnesses may appear in person in the courtroom or elect to appear remotely. D. Any defendant or attorney who is requesting to attend remotely must notify the Traffic Department at least three (3) court days before the scheduled hearing date. Failure to comply with this notice requirement may result in the request for a remote appearance being denied or the hearing being rescheduled. E. Any documents or evidence to be considered at the remote hearing must be filed with the Court at least two (2) court days before the scheduled hearing date. Failure to timely file documents with the Court may result in the hearing being continued and/or the documents or evidence not being considered. F. All persons electing to appear remotely must have a good internet connection, be in a quiet location and conduct themselves as if they were in a courtroom. Failure to comply with this rule may result in the Court terminating the remote appearance and ordering the person to appear in a courtroom. (Effective January 1, 2022, New; Rule 3.6.5 (now 3.6.4) renumbered effective September 15, 2022; adopted as Rule 3.6.5 effective January 1, 2022) (Rule 3.6 renumbered effective January 1, 2006; adopted as Rule 19 effective July 1, 1992) (Chapter 3 amended effective January 1, 2006; adopted as III effective July 1, 1992)
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.