Loading…
Chapter 3 (Rules 3.1 to 3.8): filing deadlines for arraignments - in-custody matters filed no later than 10:00 a.m. for the same day afternoon arraignment calendar, serious or violent felonies filed before 2:00 p.m. for the same day late arraignment calendar, complaints and petitions for out-of-custody defendants filed ten court days before arraignment, and informations filed by noon at least two (2) days before arraignment, with the Filing Deadlines Chart on the Court's website (3.1); requesting hearings by a Notice of Hearing filed and served on all parties, the hearing date under Rule of Court 4.111 (ten court days prior to hearing), Orders Shortening Time, and the special requirements for a change of plea, a commit to jail date and warrant surrenders (3.2); written plea forms in all misdemeanor and felony matters (3.3); substitution of attorney, effective when proof of service of the notice is filed, and appointed counsel's withdrawal through the County of Humboldt's appointment panel (3.4); proposed and submitted orders with conforming copies (3.5); trial submissions filed and served no later than the day of trial assignment, and the long form jury questionnaire filed no later than fifteen (15) court days before trial (3.6); ability-to-pay determinations by deputy clerks under Government Code section 68645.3 - up to a 75 percent reduction for applicants receiving public benefits and a 50 percent reduction at or below 350 percent of the federal poverty level (3.7); and interventions in criminal matters, requested through the website of the Superior Court of Humboldt County after counsel meet and confer and reach an impasse, each attorney attending with express authority to negotiate and resolve the matter (3.8).
California > First Appellate District > Humboldt County > Superior Court of California, County of Humboldt
CHAPTER 3 – CRIMINAL RULES 3.1 Filing Deadlines: Arraignments (a) In Custody Defendants (1) Afternoon Arraignment Calendar: Matters pertaining to arraignments for persons who are in-custody for felony and/or misdemeanor charges, including serious or violent felonies, must be filed no later than 10:00 a.m. to be placed on the same day afternoon arraignment calendar. Except for serious or violent felonies, matters filed after 10:00 a.m. will be placed on the afternoon arraignment calendar for the next court day. (2) Late Arraignment Calendar: For serious or violent felonies only, which must be arraigned on the day of filing and which could not be filed by 10:00 a.m., matters must be filed before 2:00 p.m. to be placed on the same day late arraignment calendar. All other serious or violent felony matters filed after 2:00 p.m. will be heard the next Court day on the afternoon arraignment calendar, unless judicial authorization is obtained to place the matter on the same day late arraignment calendar. (b) Out of Custody Defendants: All Complaints and Petitions pertaining to arraignments for persons who are out-of-custody must be filed ten court days prior to the date set for arraignment. (c) Informations: Informations for arraignment must be filed by noon at least two (2) days prior to the date set for arraignment on the information. (d) Refer to the Court’s website for the Filing Deadlines Chart at: www.humboldt.courts.ca.gov. (Eff. 01/01/2014; as amended eff. 01/01/2018; as amended eff. 01/01/2019; as amended eff. 07/01/2021) 3.2 Requesting Hearings (a) Notice of Hearing: A party in a criminal action who wants a matter placed on calendar must file and serve on all parties a "Notice of Hearing". The Notice of Hearing must: (1) Be in writing and comply with Rules of Court 2.100 et seq. on format of papers; (2) State the nature of the proceeding and the relief sought in brief and concise terms; (3) List the date and time of the hearing; (4) Be signed and dated by counsel of record or the defendant if in pro per; (5) Have a memorandum of points and authorities and any supporting declarations or documents attached, including any substantiating documentation for the Court’s consideration; and (6) Be served on all parties, with a filed proof of service reflecting same. (b) Date and Time of Hearings; Orders Shortening Time (1) The moving party may select a hearing date and time. The hearing date must comply with the service and notice requirements of Rule of Court 4.111 (ten court days prior to hearing). (2) Parties may apply in writing for an Order Shortening Time. Orders Shortening Time will not be granted unless a factual and particularized showing of necessity, good cause, and diligence is made in the application, and the application is served on all parties prior to submission to the court. (c) Special Requirements: In addition to the requirements above: (1) Change of Plea: Any Notice of Hearing for an early entry of plea or change of plea must have the written plea form signed by all necessary parties submitted with the Notice of Hearing; (2) Commit to Jail Date: Any Notice of Hearing to set or extend a commit to jail date must be filed, served and heard prior to the commit to jail date, and must have a declaration attached stating the reason for requesting a new commit to jail date. Notice of Hearing for a new commit to jail date submitted after the commit to jail date has passed will be rejected; instead, the defendant must surrender on any warrant issued. (3) Warrant surrenders: Warrant surrenders are not handled by the court. Instead, the defendant must surrender on the warrant to the appropriate law enforcement agency. (Eff. 01/01/2014, as amended eff. 07/01/2017; as amended eff. 01/01/2018; as amended eff. 07/01/2021; as amended eff. 01/01/2022) 3.3 Written Plea Forms Written plea forms are required for all misdemeanor and felony matters, with the exception of probation violations where the form of plea is at the discretion of the Court. (Eff. 07/01/2017) 3.4 Substitution of Attorney (a) Any attorney wishing to withdraw from representing a defendant must file and serve on all parties, including the defendant, a written notice of substitution of attorney, providing the name and contact information of the new attorney. The written notice must be signed by the new attorney. The substitution is not effective until proof of service of the notice is filed with the court. (b) Any appointed counsel who must withdraw from representing a defendant must arrange for a new attorney to be appointed, through the County of Humboldt’s appointment panel. The withdrawing attorney must file and serve a written notice of substitution as in subparagraph (a) above. (c) In all cases, the withdrawing attorney must promptly provide the new attorney with all pleadings, discovery, and upcoming court dates. (Eff. 07/01/2021) 3.5 Proposed and Submitted Orders An original proposed order, with sufficient conforming copies for all the parties to the case, must be submitted with all motions, petitions, and other requests for relief or action by the Court. After hearing, if a proposed order was not submitted or if the proposed order does not conform to the order of the Court, the prevailing party or other party as ordered by the Court must submit an order, with sufficient conforming copies for all the parties to the case, for signature by the Court. (Eff. 07/01/2017; as amended eff. 07/01/2021) 3.6 Trial Submissions (a) No later than the day of trial assignment, the attorneys or parties proceeding in pro per shall file and serve trial submissions including the following: (1) Motions in Limine; (2) Proposed jury instructions, identified by number and appended as attachments in proposed final form; (3) Verdict forms, identified by number and appended as attachments in proposed final form; (4) A list of witnesses, with expert witnesses categorized separately, expected to be called by the party, and the estimated length of direct examination of each witness; (5) A list of exhibits, with a short description of the exhibit, expected to be used by the party. The number of expected exhibits should be provided to the Court so that proper exhibit number series may be made available by the Court. (b) In cases that counsel propose to have a long form jury questionnaire, consult the Court’s website at www.humboldt.courts.ca.gov for the Juror Questionnaire for Criminal Cases. The long form jury questionnaire must be filed, with a courtesy copy for Jury Services, no later than fifteen (15) court days prior to trial. Any opposition to motions in limine shall be filed and served no later than the date scheduled for trial. (Eff. 07/01/2017; as amended eff. 01/01/2018; as amended eff. 07/01/2022; as amended eff. 01/01/2023) 3.7 Infraction Fines: Ability to Pay Pursuant to Government Code section 68645.3, deputy clerks are authorized to make ability-to-pay determinations for infraction matters as follows: (a) Upon receipt of a request for an ability-to-pay determination wherein the applicant states they are receiving public benefits and they show proof of those benefits, individuals may be eligible for up to a 75 percent reduction of the total amount owed. (b) Upon receipt of a request for an ability-to-pay determination wherein the applicant does not receive public benefits, a 50 percent reduction of the total amount owed may be granted for individuals whose income is at or below 350 percent of the federal poverty level. (c) Deputy clerks are not authorized to deny a request for an ability-to-pay determination, but may reject the request if the applicant fails to provide sufficient information required to make a decision. (Eff. 01/01/2024) 3.8 Interventions in Criminal Matters (a) Requesting Intervention: Before requesting an intervention, all counsel in the case must meet and confer with each other regarding possible resolution. Only after meeting and conferring, if counsel reach an impasse, then an intervention may be requested. Each Counsel must be prepared to specify all areas of agreement and disagreement. Parties requesting an intervention shall submit the request through the website of the Superior Court of Humboldt County. Upon receipt of a request for an intervention, the intervention will be scheduled for a date prior to trial or preliminary hearing. Counsel will be notified of the date and time of the intervention by the Court through a Notice of Hearing. (b) Duty of Attorneys as to Interventions Each attorney attending the intervention shall have a thorough knowledge of the evidence, and shall be prepared to discuss the facts and law pertaining to the case, and must have express authority from their respective clients – whether defendants or the People – to negotiate and resolve the matter. (Eff. 07/01/2024)
CHAPTER 3 – CRIMINAL RULES 3.1 Filing Deadlines: Arraignments (a) In Custody Defendants (1) Afternoon Arraignment Calendar: Matters pertaining to arraignments for persons who are in-custody for felony and/or misdemeanor charges, including serious or violent felonies, must be filed no later than 10:00 a.m. to be placed on the same day afternoon arraignment calendar. Except for serious or violent fe
Reviewer note: Composed 2026-10-10 (California T4 Humboldt build 2026-10-10) from BenchPath custody ca/t4/ca-humboldt/docs/local-rules/05-16-2025-local-rules-effective-july-1-2025.pdf (the court's rule book, its cover “HUMBOLDT COUNTY SUPERIOR COURT LOCAL COURT RULES Effective July 1, 2025”, as fetched 2026-10-10; 3339720 bytes, sha256 61bbba76fd55c4b89e8f2aaf073ca274d1bc27cc4fb94111264286bf177d5ca4; 111 pages) with the shared verbatim composer (v2 reflow) chapter by chapter - Chapters 1, 2, 3, 6, 7, 8 and 9 (PDF pages 7 to 19; 20 to 28; 29 to 33; 36; 37 to 59; 60 to 69; 70), each beginning at the top of a page, and Appendix 8.5, the Meet and Confer Orders Rule 8.5 requires (page 80): each page's running header (“Superior Court of California, County of Humboldt”) and footer (the page number) removed as chrome; lines reflowed into the rules' paragraphs; no struck run on any of the 111 pages (review/strike-report-2026-10-10.txt); 4 whitespace-only fixes (build/book-fixes.json: two lines the reflow broke inside a sentence before a cross-reference - Rule 2.9(e)'s “Local Rule 2.9” and Rule 3.4(b)'s “subparagraph (a)” - set back to a space, and Rule 2.10's attorney fee schedule, whose five right-aligned rows the reflow ran together in pairs, set a row a line as the page prints them; the vertical-gap, short-line and false-break audits find no other); no same-character fix; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, Chapters 4 and 5 (each “RESERVED”), the appendices' forms other than Appendix 8.5, the lists of forms by number and by name, the list of effective dates and the index belong to no card.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
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.