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Chapter 4 (Rules 4.1 to 4.10): discovery motions focused on items in dispute after meeting and conferring (4.1); pretrial motions served and filed under California Rules of Court §4.111 (4.2); Rule 4.3 eliminated 1/1/2022; the mandatory settlement and trial readiness conference - authority to settle, formal offers exchanged one week before, the Trial Readiness Checklist (LK-910) filed at least five (5) days before, the questions counsel should be ready to discuss, attendance of the lawyers who will try the case, and motions in limine no later than the trial assignment hearing (4.4); continuances only for good cause under Penal Code §1050 (4.5); felony sentencing - letters to the probation officer no later than 14 calendar days after conviction, and notice of intention to present evidence under Penal Code 1170, subd. (b) (4.6); transcripts of electronic recordings lodged by the trial assignment hearing (4.7); the presence of defendant and trial counsel at each mandatory appearance (4.8); two days' written notice to the prosecution before a time waiver is withdrawn (4.9); and petitions for mental health diversion under Penal Code section 1001.36 - the noticed application (Local Form LK-905 may be used), meeting and conferring, the initial review and prima facie hearing, the hearing in mental health court with any proposed protective order (local form LK-914), and review, termination and completion (4.10).
California > First Appellate District > Lake County > Superior Court of California, County of Lake
CHAPTER 4 CRIMINAL PROCEEDINGS 4.1 Discovery (eff. 1/1/2010) Motions for discovery shall be focused upon specific items which remain in dispute after presentation of informal requests. “Boilerplate” discovery motions are disfavored. Counsel shall meet and confer before the hearing of any discovery motion in a good faith effort to resolve or narrow the dispute issues. (eff. 1/1/2010) 4.2 Pretrial Motions (eff. 1/1/2010, amd. 7/1/2019) A. Pre-Trial Motions Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, and all papers opposing the motion, and all reply papers, must be served and filed in accordance with California Rules of Court §4.111. (eff. 1/1/2010) 4.3 (eliminated 1/1/2022) 4.4 Mandatory Settlement and Trial Readiness Conference (eff. 1/1/2010, amd. 1/1/2023) A. Attorneys and parties attending the settlement and trial readiness conference must have the authority to settle the case. B. Both parties are required to exchange formal authorized offers one week prior to the conference. C. Before the conference, counsel shall confer among themselves, their clients and any alleged victims or law enforcement personnel in a good faith effort to achieve resolution of the case without trial. D. At least five (5) days prior to the conference counsel shall file the Trial Readiness Checklist form (LK-910). The Trial Readiness Checklist form is confidential and only accessible to the judge and the parties in the case. At the conference counsel should be prepared to discuss the following: 1. Has all discovery been exchanged? 2. Will the defendant admit a charged prior? 3. Can any stipulations be entered concerning material facts in order to avoid bringing witnesses to trial? 4. Do the People intend to offer any statement of the defendant? 5. Are there any Aranda problems? 6. If the defendant testifies, do the People intend to offer evidence of a prior conviction for purposes of impeachment? 7. Do the People intend to offer evidence of uncharged offenses or evidence of bad character for any purpose? 8. Are there any other problems involving the admissibility of evidence? 9. What is the number of court days estimated for completion of trial? 10. Are there any problems involving the scheduling of witnesses? 11. Does any witness require the assistance of an interpreter? 12. Does any witness need to have counsel appointed? 13. Does the defendant require anything to improve his/her appearance before the jury, such as clothing or haircut? Those lawyers who will try the case will attend the conference. If the case does not settle, counsel shall inform the court of the time estimate for trial and any special requirements that would affect the conduct of the trial. E. Any motions in limine must be in writing and filed and served at the earliest opportunity, but not later than the commencement of the trial assignment hearing. (eff. 1/1/2010, amd. 7/1/2019) 4.5 Continuances (eff. 1/1/2010) All criminal cases set for hearing or trial will proceed to hearing or trial on the date scheduled in the absence of good cause. No continuances will be granted unless the court is presented proof of good cause for a continuance in accordance with Penal Code §1050. A stipulation of counsel for hearing or trial continuance does not necessarily constitute good cause. (eff. 1/1/2010) 4.6 Felony Sentencing (eff. 1/1/2010) A. Letters - Written statements of defendants and letters of reference or recommendation on behalf of defendants are to be submitted to the probation officer, not to the Court. Any such items must be submitted to the probation officer no later than 14 calendar days following conviction in order to be considered by the probation officer or Court. Written communications submitted ex-parte to the Court by or on behalf of defendants or victims will be rejected. Letters of reference or recommendation presented for the first time at the sentencing hearing may, in the discretion of the Judicial Officer, be rejected. B. Notice of Intention to Present Evidence - A party seeking consideration of circumstances in aggravation or mitigation may file and serve a statement complying with the requirements of Penal Code 1170, subd. (b) and California Rules of Court §4.437. The facts contained in the probation report’s “Summary of Offense” shall be considered operative facts surrounding the offense absent any notice of intention to dispute facts. (eff. 1/1/2010) 4.7 Electronic Recordings (eff. 1/1/2011) Transcripts required by California Rules of Court, Rule 2.1040, shall be lodged in the courts file and provided to opposing counsel no later than the trial assignment hearing. (eff. 1/1/2011) 4.8 Presence of Trial Counsel and Defendant Mandatory (new 1/1/2020, amd. 1/1/2024) The presence of defendant and trial counsel is required at each mandatory appearance unless otherwise authorized by the Court. Mandatory appearance is defined as settlement conferences, preliminary hearings, violations of probation, mandatory supervision, PRCS or parole hearings, trials, sentencing hearings any hearings where evidence will be presented and any appearance ordered to be mandatory by the court. (new 1/1/2020, amd. 1/1/2024) 4.9 Withdrawal of Time Waiver (New 7/1/2024) Prior to withdrawing a time waiver in open court pursuant to Penal Code section 1382, a defendant shall provide two days’ written notice to the prosecution. The written notice and proof of service thereof shall be filed with the court prior to withdrawal of the time waiver. (New 7/1/2024) 4.10 Petitions for Mental Health Diversion (Renumbered 1/1/2026) a. Noticed Application or Petition Defense counsel shall file an Application or Petition for Mental Health Diversion (Application or Petition), pursuant to Penal Code section 1001.36, with the court and serve the prosecutor with a copy. The Application or Petition shall be noticed for initial hearing on the criminal law and motion calendar. All pleadings filed in support of and opposition to the Application or Petition shall comply with California Rule of Court 4.111. To the extent such information is available at the time of filing, the Application or Petition should specify in detail: 1. The mental disorder at issue, including diagnostic and treatment history of said disorder. If the defendant suffers from multiple or co-occurring disorders, the application shall so specify; 2. A description of the nexus between defendant’s mental disorder and the charged offense; 3. The opinion of a qualified mental health expert indicating that the defendant’s symptoms motivating the criminal behavior would respond to mental health treatment; 4. A statement that the defendant consents to diversion and waives the right to a speedy trial (Local Form LK-905 may be used for that purpose); 5. A description of the proposed treatment plan. b. Meet and Confer Prior to the initial court date for the review of an Application or Petition, defense counsel and the prosecutor shall meet and confer to determine whether the parties agree diversion is appropriate. c. Initial Review and Prima Facie Hearing on the Application or Petition At the initial review hearing, the court shall consider the Application or Petition, offers of proof, reliable hearsay, and argument of counsel. If the court finds the defendant has made a prima facie showing that the defendant meets the minimum requirements of eligibility for diversion and the offenses are suitable for diversion, the matter shall be continued to the mental health calendar for further hearing on the Application or Petition. d. Hearing on the Application or Petition in Mental Health Court Prior to the hearing on the Application or Petition in mental health court, defendant shall file and serve any relevant medical records, psychological records, assessments and proposed treatment plans. If defendant requests any such documents be filed under seal, defendant shall file a proposed protective order (local form LK-914 may be used), along with a declaration stating the documents and proposed order have been served on the prosecution. At the hearing in mental health court, the court shall conduct a hearing on the Application or Petition if the parties are ready to proceed and time permits. Alternatively, the court may set the matter for a hearing on the Application or Petition on a future date. e. Denial of the Application or Petition If the Application or Petition is denied, the matter shall be continued to the criminal calendar. f. Granting of the Application or Petition If the Application or Petition is granted, criminal proceedings shall be suspended and the court shall make all necessary orders relating to the treatment of defendant and continue the matter for a mental health diversion review hearing. g. Mental Health Diversion Review Hearings At the review hearings, defendant or defendant’s mental health provider shall submit a progress report concerning defendant’s participation in the treatment plan. If defendant is making progress, the court shall set another progress report date. If defendant is not making progress, the court may give defendant additional time to comply and continue the progress hearing to another date; or issue an order to show cause why the court should not terminate mental health diversion and reinstate criminal proceedings pursuant to Penal Code section 1001.36(b) and set a date for hearing on the order to show cause. h. Termination of Mental Health Diversion Termination of mental health diversion pursuant to Penal Code section 1001.36(g), shall be ordered only after a written motion or order to show cause and a noticed hearing. Upon termination of mental health diversion, criminal proceedings shall be reinstated and the matter shall be continued to the criminal calendar. i. Completion of Mental Health Diversion Upon successful completion of all terms and conditions of mental health diversion, the court shall dismiss the matter pursuant to Penal Code section 1001.36(e). (Renumbered 1/1/2026)
CHAPTER 4 CRIMINAL PROCEEDINGS 4.1 Discovery (eff. 1/1/2010) Motions for discovery shall be focused upon specific items which remain in dispute after presentation of informal requests. “Boilerplate” discovery motions are disfavored. Counsel shall meet and confer before the hearing of any discovery motion in a good faith effort to resolve or narrow the dispute issues. (eff. 1/1/2010) 4.2 Pretrial M
Reviewer note: Composed 2026-10-10 (California T4 Lake build 2026-10-10) from BenchPath custody ca/t4/ca-lake/docs/local-rules/local-rules-january-2026_v2.pdf (the court's rule book, its cover “SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF LAKE LOCAL RULES Effective 1/1/2026”, as fetched 2026-10-10; 852364 bytes, sha256 060a39793172b99fb99a1f839efb8fee0755a6d5c8c03d52d407d1d536399e9d; 69 pages) with the shared verbatim composer (v2 reflow): the rule body (PDF pages 9 to 68; the chapters run on without page breaks) composed once and cut at the twenty chapter headings (“CHAPTER 1 ADOPTION AND APPLICABILITY OF RULES” to “CHAPTER 20 ELECTRONIC FILING”), the chapters reassembling the body exactly: each page's running header (“Superior Court, County of Lake”) and footer (the page number) removed as chrome; lines reflowed into the rules' paragraphs; Rule 5.8's ruled table (Case Plan Disposition Time Standards and Court Events, pages 29 and 30) read cell by cell by the table finder; no struck run on any of the 69 pages (review/strike-report-2026-10-10.txt); 22 whitespace-only fixes (build/book-fixes.json: Rule 5.8's table cells' lettered items and paragraphs set on their own lines (10); Rule 8.6's plans and its item 3 (3); Rule 3.13's history note (1); Rule 11.5's default fee schedule set row by row (1); the subheadings of Rules 3.5 (at a page break) and 4.10(c) set on their own lines (2); Rule 5.9's form number FL-105 and the word “denial” its Rule 5.9(E) prints across three lines set whole (2); and the sentences of Rules 9.4, 10.3 and 5.4(B) rejoined where the composition broke them before an inline item, a dash and a capitalized word (3)) and 1 same-character fix (build/book-captions.json: Rule 16.3(B)'s list of remote proceeding calendars, printed in two columns, set group by group); the vertical-gap, short-line, page-break, bold-line, row and false-break audits find no other; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the three local forms the book prints (LK-108, LKSC-420 and LK-117) 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.