Rule 1 (subdivisions A to AA): each department to publish annually by October 1 the succeeding year’s law and motion hearing dates on the court’s website, www.Lassen.Courts.CA.gov (1(A)); the matters set in each department - Department 1 (misdemeanor criminal law and motion matters, felony criminal matters, petitions to declare a minor a ward, juvenile dependency), Department 2 (traffic and misdemeanor criminal arraignments, in custody arraignments heard on Mondays and Wednesdays at 4:00 PM and Fridays at 1:00PM, small claims, unlawful detainer, civil, probate and family law actions, restraining orders, adoptions, and ex parte applications with LSC-FL-120), Department 3 (any proceeding assigned to a visiting judge by the Temporary Assigned Judges Program), Department 5 (a crime committed by an inmate in the custody of the Department of Corrections, writs of habeas corpus), Department 6 (civil case management conferences and settlement conferences) and Department 7 (actions brought by the Department of Child Support Services) (1(B)); customary professional courtesy and decorum, the attire and items not allowed while court is in session, and appropriate business attire for all counsel (1(C)); a law and motion matter that will require more than ten minutes, or a preliminary hearing that will require more than 30 minutes, heard as a setting for a long-cause hearing (1(D), 1(E)); a “Notice of Unavailability of Counsel” not binding on the court (1(F)); evidence at a law and motion hearing by affidavit or declaration under penalty of perjury, the time for filing a motion, response, and reply observed (CCP §1005(b): 16, 9 and 5 court days), the clerk to mark any late-filed document with a stamp (1(G)); an exhibit divider with a cover sheet for each exhibit attached to a document (1(H)); an official court reporter normally available in the Felony and Juvenile departments only, electronic recording in limited civil actions and criminal misdemeanor and infraction proceedings, and a party’s right to arrange a court reporter at the party’s own expense (Local Rule of Court No. 16) (1(I)); a support calculation prepared on software approved by Judicial Council with any motion, response, or reply pertaining to support issues (1(J)); inability to pay support a defense to a contempt charge on child support issues, the court not to appoint counsel where both parties are unrepresented (1(K)); the family-centered case resolution process (Family Code sections 2450, 2451, rule 5.83) - a status conference within 180 days after the filing of the petition, the Preliminary Declaration of Disclosure served no later than ninety (90) days after service of the petition, and a Status Conference Statement (LSC-FL-100) filed at least five (5) calendar days before each status conference (1(L)); in family law trial settings the party who filed the At-Issue Memorandum to serve and file the declarations and the Settlement Conference Statement (LSC-FL-101) at least thirty (30) days, and the other party at least fifteen (15) days, before the first trial setting conference, and the parties’ consent on form LSC-FL-200 for a Commissioner to act as temporary judge (1(M)); a Final Judgment and a Notice of Entry of Judgment submitted with all Marital Settlement Agreements, Marital Termination Agreements and requests for default judgments (1(N)); criminal moving papers with a Memorandum of Points and Authorities served and filed at least ten (10) court days before the hearing, opposition five (5) and reply two (2) court days before (1(O)); the memorandum’s statement of the case or facts, its absence deemed an abandonment of the motion (1(P)); a Penal Code section 1538.5 motion at the preliminary examination filed and personally served at least five (5) court days before, with a complete itemized list of the items to be suppressed or returned (a request to suppress “all evidence seized” not sufficient) (1(Q)); a criminal discovery motion accepted only with a declaration by counsel of the informal efforts under section 1054 et seq. of the Penal Code (1(R)); appointed counsel in Department 5 (Prison) cases to meet with their clients no less than two (2) days before any hearing after the initial arraignment (1(S)); ex parte applications with notice by 10:00 a.m. on the day prior and LSC-FL-120 (1(T)); criminal Trial Readiness Conferences set no later than 14 days prior to the Jury Trial date, trial counsel and the defendant personally present (1(U)); petitions and responses for Domestic Violence Restraining Orders (DVRO) or Gun Violence Restraining Orders (GVRO) submitted in-person, by mail, by fax (Rule 17) or electronically (1(V)); the Court delegates to the Clerk the authority to grant applications for an initial fee waiver (Government Code § 68634(d)) (1(W)); release on a Notice to Appear on a misdemeanor warrant for $5,000 and under within Lassen County and for $15,000 and under outside it (1(X)); a misdemeanor referral for a pre-sentence investigation and report only for a sex offense, domestic violence or child abuse (1(Y)); a plea in absentia through counsel on the mandatory form Plea in Absentia (LSC-CRIM-025) (1(Z)); and a request for a determination of ability to pay made online through MyCitations.Courts.CA.gov (CRC 4.335) or on form TR-320, a reduction for a defendant receiving public benefits or with a current net monthly income less than or equal to 250% of the Federal Poverty Level (1(AA)).
RULE OF COURT NO. 1 LAW AND MOTION DEPARTMENT RULES A. DATES FOR LAW AND MOTION HEARINGS. Annually by October 1, each department of the Superior Court shall publish a schedule for the succeeding year’s law and motion hearing dates by posting on the court’s website, www.Lassen.Courts.CA.gov. Paper copies are available at the court filing office; standard copy fees apply. B. DEPARTMENT ASSIGNMENTS.
Reviewer note: Composed 2026-10-12 (California T4 Lassen build 2026-10-12) from BenchPath custody ca/t4/ca-lassen/docs/local-rules/local-rules-court-effective-july-1-2026.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF LASSEN LOCAL RULES OF COURT Effective July 1, 2026”, as fetched 2026-10-12; 902440 bytes, sha256 b04136070555eb679f27e6020412087f261a95fe203b285fa7225070791bc2b4; 112 pages; this rule PDF pages 5 to 19, printed pages 5 to 19) with the shared verbatim composer (v2 reflow): the rules (PDF pages 5 to 100, printed 5 to 100) composed as one text and cut at the nineteen headings “RULE OF COURT NO. 1” to “RULE OF COURT NO. 19”, each matched once as a whole line (a rule may begin mid-page); the running header of every page (“Superior Court of California, County of Lassen”) and its running footer (“Local Rules of Court”, “Rev. 7/1/26”, “www.Lassen.Courts.CA.gov” and the page number), each named and a whole line in its band, removed as chrome - 480 chrome lines; lines reflowed into the rules' paragraphs, each rule's heading and title, each numbered rule (“6.1 TELEPHONIC APPEARANCE RULE.”), each lettered or numbered subdivision starting a line, a line in capitals ending its paragraph, and each history line (“(Effective ...)”) on a line of its own; the strike report (review/strike-report-2026-10-12.txt) finds no struck run on the book's 112 pages; no table on the rule pages; 9 whitespace-only fixes (build/book-fixes.json: Rule 1's “At-Issue” / “Memorandum” sentence rejoined; Rule 7(B)'s excepted case types set row by row, their cells left to right; Rule 15.7(c)'s complaint addresses and Rule 19.3(g)'s claims address each set one printed line to a line; two pairs of Rule 19.4(a)'s fee lines set apart); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed (list items without closing punctuation, the run-in bold headings of Rule 19.4(b) and (d), the “OR” lines between alternatives); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (2 to 4), the alphabetical subject index (101 to 110) and the two appendices of local forms (111 and 112) belong to no card. Review note: Carried as printed: Rule 1(I) “the forgoing statute”; Rule 1(L)(5) exempts parties attempting reconciliation “from the settlement conference”, in a subdivision on status conferences; Rule 1(M)(4) “as set forth in the party filing the At-Issue Memorandum documents”; Rule 1(AA)(1)(c) “The assigned judicial officer, of designee of the Presiding Judge”. Rule 1(B) names no judicial officer for its departments.
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 > Lassen County > Superior Court of California, County of Lassen
RULE OF COURT NO. 1 LAW AND MOTION DEPARTMENT RULES A. DATES FOR LAW AND MOTION HEARINGS. Annually by October 1, each department of the Superior Court shall publish a schedule for the succeeding year’s law and motion hearing dates by posting on the court’s website, www.Lassen.Courts.CA.gov. Paper copies are available at the court filing office; standard copy fees apply. B. DEPARTMENT ASSIGNMENTS. Counsel or a self-represented litigant may select a date for hearing any proposed matter, in compliance with the statutory procedure applicable thereto, and set the matter in the appropriate department of the court as follows: (1) In Department 1 (a) Misdemeanor Criminal Law and Motion matters and Disposition Conferences; (b) Felony Criminal matters, other than those in which arise upon a crime alleged to have been committed by an inmate in the custody of the Department of Corrections, including: Felony Criminal Arraignments, Preliminary Hearings, Felony Information, Disposition Conferences, Noticed Motion Hearings, and Jury Trials; (c) Petition to Declare a Minor a Ward of the Court; (d) Juvenile Dependency; (e) Department 2 disqualification matters. (2) In Department 2 (a) Traffic & Misdemeanor Criminal Arraignments, Traffic & Criminal Law & Motion, and Misdemeanor Noticed Motion Hearings; (b) In Custody Arraignments and Afternoon Clear Warrants; (i) In Custody Arraignments are to be heard on Mondays and Wednesdays at 4:00 PM and Fridays at 1:00PM. If these days fall on a holiday, the In Custody Arraignments will be heard on the next court day at 4:00 PM. Tuesdays and Thursdays at 8:30 AM are reserved for In Custody Arraignments that were not heard on a Monday, Wednesday, or Friday due to time restraints in filing of the Complaints. (c) Court Trials under the Traffic Code; (d) Small Claims; (e) Unlawful Detainer; (f) Civil Action with a prayer exceeding Thirty-five Thousand Dollars, ($35,000) or otherwise is a case not described in Code of Civil Procedure § 86; (g) Civil Action with a prayer of Thirty-five Thousand Dollars ($35,000) or less, or otherwise is a case described in Code of Civil Procedure section 86; (h) Actions under the Probate Code; (i) Actions under the Family Code; (j) Juvenile Traffic matters; (k) Petition for Writ of Prohibition, or Mandamus; (l) All Actions for Domestic Violence Temporary Restraining Orders; (m) Adoptions; (n) Civil Harassment Petitions; (o) All ex parte applications in any case described in items (a) through (m) above. All ex parte applications shall comply with California Rules of Court 3.1200 et seq. and shall include LSC-FL-120, Declaration Regarding Ex Parte Notice; (p) Department 1 disqualification matters. (3) In Department 3 (a) Upon assignment by the Temporary Assigned Judges Program, any proceeding that has been assigned to a visiting judge for all purposes, as directed by that judge; (b) Upon assignment by the Temporary Assigned Judges Program, any proceeding that has been assigned to a visiting judge for all purposes due to a disqualification or recusal. (4) In Department 5 (a) Criminal case involving an allegation of a crime committed by an inmate in the custody of the Department of Corrections. (b) Writs of Habeas Corpus. (5) In Department 6 (a) Civil Case Management Conferences and Settlement Conferences. (6) In Department 7 (a) Actions under the Family Code wherein issues of child or spousal support or health insurance maintenance are brought by the Department of Child Support Services; C. COURTROOM DECORUM AND ATTIRE. Counsel and self-represented litigants shall observe customary professional courtesy and decorum in presentations to the bench, including standing when addressing argument to the bench, addressing the judicial officer as “Your Honor” or “Judge”, being respectful and courteous to attorneys, court staff, law enforcement officials and litigants. Court proceedings may include a court reporter. It is imperative that the court record is precise. Unless you are a party to the action and it is your turn to speak, silence is required. Disruptive behavior will not be tolerated. Cell phones must be turned OFF or SILENT. The following attire and items are considered inappropriate in the courtroom and are not allowed while court is in session. Individuals not adhering to this rule will not be allowed to enter the courtroom. • Sunglasses, hats, bandanas, or other non-religious head coverings • See-through/sheer clothing of any kind or clothing revealing midriffs or under clothing • Shorts, cut-offs, costumes, face-paint • Clothing with emblems or depictions of violence, profanity, drugs, sexual acts, or that are disrespectful to the judicial process • Bare feet • Recording devices or electronic equipment of any kind without prior permission from the court • Food, drinks, gum, tobacco All counsel shall comply with Business and Professions Code § 6068(b) and with respect thereto follow a dress code at all scheduled appearances as follows: (1) All counsel shall wear appropriate business attire which may include tie, suit, or sport coat and slacks, and footwear. D. SHORT AND LONG CAUSE HEARINGS. Any matter coming on a law and motion calendar that will, in the opinion of either counsel or self-represented litigants, require more than ten minutes to be heard will be heard as a setting for a long-cause hearing. Counsel or self-represented litigants shall notify the court and opposing parties in writing at the time of filing his or her pleadings that the hearing will necessitate more than ten minutes for hearing, and request a long-cause setting. Such matters shall be called on the regular law and motion calendar for the sole purpose of setting at that time a date and time for the long-cause hearing. Upon stipulation of all counsel and self-represented litigants that a long-cause hearing be set, the parties may forego the setting appearance and instead supply the court in writing with available dates for the long-cause hearing. E. TIME LIMITS ON PRELIMINARY HEARINGS. Any preliminary hearing that will, in the opinion of either counsel or self-represented defendants, require more than 30 minutes to be heard will be heard as a setting for a long-cause hearing. F. FILING OF NOTICES OF UNAVAILABILITY. The court may accept for filing a “Notice of Unavailability of Counsel”; however, such notice is not binding on the court and shall have no effect as it relates to the court’s calendar. If the court does accept the “Notice of Unavailability of Counsel”, such notice must be filed in each case by court case number in which case the notice is expected to apply. G. CIVIL MOTION PROCEDURE. The California Rules of Court and provisions of the Code of Civil Procedure relating to law and motion matters will strictly be observed. Evidence at a law and motion hearing shall be by affidavit or declaration under penalty of perjury (Rule 3.1306.) The time for filing a motion, response, and reply will be observed (CCP §1005(b): 16 court days; 9 court days; and 5 court days), and the clerk shall mark any late-filed document with an appropriate stamp so indicating. The court will consider on a case specific basis whether to refuse to consider a late-filed paper, and imposition of sanctions for any party disobeying this requirement without good cause. H. EXHIBITS AS ATTACHMENTS TO DOCUMENTS. Exhibits presented to the court as attachments to documents require an exhibit divider with a cover sheet behind the divider stating the exhibit number and the title of the document the exhibit is attached to. All exhibits submitted to the court by parties must reflect the correct designation of parties such as Plaintiff/Petitioner/People exhibits are numbered designations, Defendant/Respondent/Cross Defendant exhibits are alphabetical designations. I. RECORD OF PROCEEDINGS. The services of an official court reporter are normally available in the Felony and Juvenile departments only. An official court reporter is not normally available in the Civil, Misdemeanor, and Traffic departments. Pursuant to Government Code section 69957 and California Rules of Court, rule 2.952, in limited civil actions and criminal misdemeanor and infraction proceedings, the court, at its sole discretion, may utilize electronic recording as a means of generating a verbatim record of proceedings. In those instances, court reporters will not be provided. Pursuant to California Rules of Court, rule 2.956, the court does not provide court reporters for hearings in the following matters: (a) All civil case management conferences (b) All civil settlement conferences (c) All civil ex parte application hearings (d) All hearings regarding Unlawful Detainers, Name Changes, or Small Claims (e) All infraction hearings In accordance with Government Code section 68086 and California Rules of Court, rule 2.956, when a party requests a court reporter and the reporter is not required by the forgoing statute to report the court proceedings, the matter will proceed as scheduled without reporting services. On the condition it does not cause a continuation of the proceedings, a party has the right to arrange, at the party’s own expense, the services of a court reporter if the services of an official court reporter are not available for a proceeding (Local Rule of Court No. 16). The court does not facilitate the attendance of private reporters. Unless otherwise required by statute, the parties shall be responsible for transcript costs pursuant to Government Code section 69953. The court may electronically record any hearing or proceeding for its internal use. Any such recording shall not constitute an official record of the proceeding that was recorded. J. FAMILY LAW SUPPORT CALCULATIONS. All parties shall submit with any motion, response, or reply pertaining to support issues, a support calculation prepared on software approved by Judicial Council. K. FAMILY LAW ORDERS TO SHOW CAUSE RE CONTEMPT. In family law cases in which there is filed an Order to Show Cause re Contempt on child support issues and both parties are unrepresented by counsel, the court will not appoint counsel to represent the party charged with contempt. Further, the parties are hereby advised that in all such proceedings the parties will be given a fair opportunity to present and dispute relevant information and that inability to pay support is a defense to the contempt charge. L. FAMILY-CENTERED CASE RESOLUTION PROCESS. (1) AUTHORITY. This rule is intended to implement a family-centered case resolution process in conformance with Family Code sections 2450, 2451, and California Rules of Court, rule 5.83. (2) APPLICABILITY. This rule applies to all dissolution, legal separation, nullity, parentage, child custody and support, and grandparent cases filed after January 1, 2013. (3) STATUS CONFERENCE. (a) The court will issue a Notice of Status Conference and calendar the conference within 180 days after the filing of the petition. (b) The purpose of the status conference is to assess the case early and assist the litigants with creating a case management plan for resolution of all of the issues presented in their cases. The design of the case management plan will depend on the complexity of the case. (c) On request of either party or on the court’s own motion, the court may set any matter for a status conference. (4) ATTENDANCE AT STATUS CONFERENCE. (a) All parties must attend the initial status conference. If the Department of Child Support Services is a party to the case, their appearance is not required. (b) Attorneys and self-represented parties shall attend each subsequent status conference unless excused in advance by the court, the case has been dismissed or a judgment resolving all issues has been entered. (5) RECONCILIATION. Parties who file a stipulation prior to the status conference indicating they are attempting reconciliation will be exempt from the settlement conference for six (6) months. If a judgment or dismissal is not filed within six (6) months of filing of the petition, the court will proceed with a status conference upon notice to the parties. (6) PRE-STATUS CONFERENCE REQUIREMENTS. (a) In dissolution and legal separation cases each party shall serve the other with a Preliminary Declaration of Disclosure no later than ninety (90) days following the service of the Petition for Dissolution or Legal Separation. The Preliminary Declaration of Disclosure shall include a completed Income and Expense Declaration, a completed Schedule of Assets and Debts, and any other information that is required pursuant to Family Code section 2104. This does not apply to summary dissolution matters as outlined in Family Code section 2400. (b) A Family Law Case Management: Status Conference Statement (LSC-FL- 100) shall be filed and served on all other parties at least five (5) calendar days before each case status conference. (7) STATUS CONFERENCE AND COURT’S ROLE. (a) At the status conference, the judicial officer will review the case to determine whether it is progressing towards disposition in a timely and effective manner in accordance with the milestones, disposition standards, and additional factors set forth in California Rules of Court, rule 5.83. The judicial officer may take action authorized by rule 5.83, including but not limited to setting additional status conferences, setting a family-centered case resolution conference, or scheduling the case for further review without appearances by the parties. (b) Counsel must inform the court of the following matters: (i) The attendance of both parties at Family Court Services mediation; (ii) The service by both parties of a complete Preliminary Declaration of Disclosure; (iii) The filing with the court of a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration; (iv) The readiness of the parties to participate in mediation; (v) The appropriateness of referral to arbitration; (vi) The willingness of the parties to limit, schedule, or expedite discovery, including the willingness to provide the opposing party, without a discovery request: (a) the name, address, and telephone number of each individual likely to have desirable information that supports the party’s disclosures, and (b) a copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody or control of the party and that supports the party’s disclosures; (vii) The appropriateness of implementation of a family-centered case resolution plan pursuant to Family Code section 2451; and (viii) The willingness of the parties to stipulate to the appointment of court experts, and allocate the expert’s expense, or to schedule a hearing for the appointment and expense allocation of court experts. (c) At any status conference the court may: (i) Schedule disclosure of expert witnesses, by stipulation; (ii) Inquire whether issues can be narrowed by stipulation and set dates for the filing of stipulations; (iii) Set dates for further status conferences, as needed, and no less often than every six months; (iv) Set dates for other events that must take place before the next status conference; (v) Set the date for trial and/or settlement conferences; and (vi) Take such other action, as permitted by law, which could promote the just and efficient disposition of the case. M. FAMILY LAW TRIAL SETTINGS. (1) The party who has filed the At-Issue Memorandum shall serve and file at least thirty (30) days prior to the first trial setting conference all of the following: A completed Income and Expense Declaration, a current Property Declaration, one for community property and one for separate property, if any, and a completed Family Law Case Management: Settlement Conference Statement (LSC-FL-101). (2) If paragraph (1) is not fully complied with, the court will not set a date for trial at the trial setting conference. (3) The party not filing the At-Issue Memorandum shall serve and file at least fifteen (15) days prior to the first trial setting conference all of the following: A completed Income and Expense Declaration, a current Property Declaration, one for community property and one for separate property, if any, and a completed Family Law Case Management: Status Conference Statement (LSC-FL-100), or Family Law Case Management: Settlement Conference Statement (LSC-FL-101). (4) If the party not filing the At-Issue Memorandum fails to serve and file the documents as required in paragraph (3), that party shall have been deemed to have admitted all the relevant facts as set forth in the party filing the At-Issue Memorandum documents as required in paragraph (1). (5) The parties shall comply with Family Code section 2105 pertaining to final declarations of disclosure or mutual waiver as stated therein. The parties shall be prepared at the first trial setting conference to state whether a final declaration of disclosure will be mutually waived. (6) The court may order the parties to update all or some of the documents listed in paragraph (1) and/or paragraph (3) where substantial time has elapsed between the filing of the documents and the trial date. (7) Following the trial and the court’s decision on outstanding issues, the court will designate one of the parties to prepare the final judgment within ten (10) days of the decision of the court and submit the same for filing. (8) In circumstances where a Family Law or Restraining Order case is being heard by a Commissioner of the Court under direction of the Presiding Judge, the Court will require the stipulation of parties for said Commissioner to act as temporary judge, in accordance with Article 6, Section 21 of the Constitution of the State of California. This consent is to be obtained via the filing by all parties of the case, form LSC-FL-200, Consent for Court Assignment (Family Law) on the Court. N. A Final Judgment and a Notice of Entry of Judgment shall be submitted with all Marital Settlement Agreements, all Marital Termination Agreements, and all requests for default judgments. If a Final judgment and a Notice of Entry of Judgment is not submitted with the documents listed above, those documents will not be accepted by the court. O. TIME FOR FILING MOTIONS (CRIMINAL) . Except for motions to be heard at a felony preliminary examination, and unless otherwise ordered or specifically provided by law, all moving papers in criminal cases shall include a Memorandum of Points and Authorities and shall be served and filed at least ten (10) court days before the time appointed for hearing. All papers opposing the motion shall be filed and served at least five (5) court days before the time appointed for hearing, and all reply papers shall be filed and served at least two (2) court days before the time appointed for hearing. Proof of Service of the moving papers shall be filed no later than five (5) court days before the time appointed for hearing. An original and one copy of all papers are to be filed with the court. Except on motions brought pursuant to the provisions of Penal Code section 1538.5 and set for hearing at a felony preliminary examination, a party who has not timely served and filed written opposition to a motion will not be permitted oral argument, absent a court order. Section Q of this rule provides the filing time requirements for motions brought at the preliminary examination pursuant to Penal Code section 1538.5. P. MEMORANDUM OF POINTS AND AUTHORITIES (CRIMINAL). A Memorandum of Points and Authorities must include a statement of the case and/or a statement of facts setting forth any procedural or factual matters relevant to the issues presented with page reference to any transcript, declaration, or other document to be relied upon at the hearing. The memorandum must clearly specify the precise factual and legal issues raised in the motion and the specific legal authority relied upon for the motion. Absence of a Memorandum of Points and Authorities shall be deemed by the court as an abandonment of the motion. No issues, factual or legal, other than those set forth in the Memorandum of Points and Authorities will be considered in ruling on the motion unless it is established the new issues were not reasonably discoverable before the motion was filed. In addition to the above requirements, Defendants shall attach a copy of the current Complaint, Information, or Indictment to the Memorandum of Points and Authorities supporting any Demurrer, Motion to Dismiss, or Motion to Strike. In addition, Demurrers and Motions to Strike shall specify in the notice whether the Defendant seeks to dismiss or strike the entire Complaint, Information, or Indictment. If Defendant does not seek to dismiss or strike the entire Complaint, Information, or Indictment, Defendant shall set forth in the Notice of Motion the counts, enhancements, allegations, special circumstances, or other aspects of the Complaint, Information, or Indictment Defendant seeks to dismiss or strike. Q. MOTIONS UNDER SECTION 1538.5 OF THE PENAL CODE. (1) Time for filing. A motion brought pursuant to section 1538.5 of the Penal Code may be made at the preliminary examination only if at least five (5) court days before the date set for the preliminary examination, the defendant has filed and personally served on the people a written motion accompanied by a Memorandum of Points and Authorities as required by paragraph (2) of subdivision (a) of Penal Code section 1538.5. At the preliminary examination, the magistrate may grant the Defendant a continuance for the purpose of filing the motion and serving the motion upon the People, at least five (5) court days before resumption of the examination, upon a showing that the Defendant or his or her attorney of record was not aware of the evidence or was not aware of the grounds for suppression before the preliminary examination. Any written response by the People to the motion shall be filed with the court and personally served on the Defendant or his or her attorney of record at least two (2) court days prior to the hearing at which the motion is to be made. Proofs of Service must be filed by the date of the preliminary examination. Motions not filed for consideration at a preliminary hearing must comply with section O of this rule. (2) List of items to be suppressed or returned. The moving party shall include a complete itemized list of the specific items of property or other matters sought to be suppressed or returned. A general request to suppress or return “all evidence seized,” without greater specificity, is not sufficient and shall be deemed an abandonment of the motion. Only the items listed in the motion will be considered by the court for suppression or return unless it is established the newly identified item could not reasonably be identified before the motion was filed. (3) Specification of factual and legal basis for motion. The moving party’s Memorandum of Points and Authorities shall comply with the first paragraph of section P of this rule and shall identify the specific legal and factual basis for claiming the search or seizure to be defective. (4) Copy of Search Warrant, Affidavit, and Inventory. If relevant to the motion, legible copies of the Search Warrant, Affidavit in support of the warrant, and Return and Inventory shall be appended to the moving papers. (5) Failure to comply with the provisions of Penal Code section 1538.5(a)(2), or any portion of this rule may constitute cause for denial of the motion. When any party is unwilling to stipulate to the transcript of the preliminary examination or grand jury hearing being received into evidence (supplemented by other testimony and argument of counsel, as needed), that fact shall be stated on the first page of the Notice of Motion or Response. Failure to so indicate shall be deemed a stipulation to the admission of the transcript into evidence. If the motion is based wholly or in part on the preliminary hearing, the moving party’s Memorandum of Points and Authorities shall specify what factual findings and legal conclusions were made by the magistrate. R. DISCOVERY MOTIONS (CRIMINAL). Upon a showing that the moving party has complied with the informal discovery procedure under section 1054 et seq. of the Penal Code, the court may make any order necessary to enforce the provisions outlined in section 1054 et seq. of the Penal Code. No motion will be accepted for filing or set for hearing unless there is attached to the moving papers a declaration by counsel, under penalty of perjury, setting forth the previous oral and written efforts to obtain the discovery by cooperative and informal means, and showing how the opposing party has not complied with section 1054.1 or 1054.3 of the Penal Code. A discovery motion shall be limited to the actual disputed items or class of items listed in the declaration. S. TIME REQUIREMENTS FOR COUNSEL TO MEET WITH DEPARTMENT 5 (PRISON) DEFENDANTS. In order to ensure effective assistance of counsel, the court directs all attorneys who are appointed in Department 5 (Prison) cases to make best efforts to meet with their clients no less than two (2) days prior to any hearing subsequent to the initial arraignment hearing. Any request for an exception to this rule shall be made to the judge scheduled to preside at the hearing. T. MISCELLANEOUS MOTIONS. (1) All ex parte applications shall comply with California Rules of Court 3.1200 et seq., with notice to parties by 10:00 a.m. on the day prior to the scheduled hearing date and shall include LSC-FL-120, Declaration Regarding Ex Parte Notice. (2) Any party intending to abandon a motion already filed shall immediately notify the court and opposing counsel. U. TRIAL READINESS – CRIMINAL. The trial readiness conference in criminal matters shall be subject to the following requirements: • Trial Readiness Conferences in all departments are to be set no later than 14 days prior to the Jury Trial date. • Before or during the Trial Readiness Conference, when declaring ready for trial, all parties shall represent to the Court that all discovery has been properly provided to all opposing counsel, all substantive motions have been presented and heard by the Court, subpoenas have been served on all potential witnesses, and the matter is ready to proceed to trial. • Motions in limine shall be prepared for the Trial Readiness Conference unless the trial Judge has ordered differently. • Subject to any existing remote appearance authorization, trial counsel must be personally present and the prosecuting attorney must have authority to dispose of the case. The defendant must also be personally present notwithstanding any existing remote appearance authorization. • The declaration of counsel that the matter is ready for trial shall encompass all issues necessary for the confirmation and commencement of trial on the date the trial is to begin. V. DOMESTIC VIOLENCE AND GUN VIOLENCE RESTRAINING ORDER PETITIONS. Petitions seeking Domestic Violence Restraining Orders (DVRO) or Gun Violence Restraining Orders (GVRO) and Responses to a petition for a Domestic Violence Restraining Orders (DVRO) or Gun Violence Restraining Orders (GVRO) may be submitted either: (a) In-person; (b) By mail; (c) By fax, following the procedures outlined in Rule 17; or, (d) Electronically by following instructions provided on the Restraining Order webpage on the Court’s website www.Lassen.Courts.CA.gov, a link to this webpage is to be prominently displayed on the homepage of the Court’s website. W. CLERKS AUTHORITY TO GRANT INITIAL FEE WAIVER. Pursuant to Government Code § 68634(d), the Court delegates the authority to grant applications for an initial fee waiver that meet the standards of eligibility and application requirements set forth in §§ 68632 and 68633 to the Clerk. In some cases, fee waiver applications may be referred for judicial review and determination. X. RELEASE ON NOTICE TO APPEAR. (a) In County. When Clerks issue misdemeanor warrants for $5,000 and under, the defendant shall be released on a Notice to Appear if they are contacted within Lassen County. (b) Out of County. When Clerks issue misdemeanor warrants for $15,000 and under, the defendant shall be released on a Notice to Appear if they are contacted outside of Lassen County. Y. PRE-SENTENCE PROBATION INVESTIGATION/REPORTS MISDEMEANOR REFERRAL CRITERIA. No misdemeanor conviction shall be referred to the Lassen County Probation Department for a pre-sentence investigation and report, unless the case and its circumstances meet one or more of the following criteria: (a) The crime is a sex offense. (b) The crime is domestic violence. (c) The crime is child abuse. Exception to the foregoing may be ordered on a case-by-case basis by the Presiding Judge on application of the trial judicial officer. The Lassen County Probation Department shall adhere to this rule in providing pre-sentence investigations and reports and return to the Clerk of the Court any referral made in violation of this rule. Z. PLEA IN ABSENTIA. A defendant, in cases where applicable, may enter a plea in absentia through counsel by using Lassen Superior Court’s mandatory form, Plea in Absentia (LSC-CRIM-025). Defendant and counsel are required to sign the form. AA. DETERMINATION ON ABILITY TO PAY. A defendant may request a determination of ability to pay online through MyCitations.Courts.CA.gov pursuant to CRC 4.335 or by written petition by filing Judicial Council form TR-320 on the Court pursuant to CRC 4.335(c)(3). (1) The assigned judicial officer, or designee assigned by the Presiding Judge, will determine a defendant’s ability to pay and apply a reduction on the outstanding balance using the following criteria: (a) If defendant proves that defendant is currently receiving any of the following public benefits: a. CalFresh (Food Stamps); b. Medi-Cal; c. General Assistance/County Relief; d. Supplemental Security Income (SSI); e. State Supplemental Payment (SSP); f. In Home Supportive Services (IHSS); g. California Work Opportunity and Responsibility to Kids Act (CalWORKs); h. Temporary Assistance for Needy Families (TANF); i. Cash Assistance Program for Immigrants (CAPI), then the assigned judicial officer, or designee assigned by the Presiding Judge, will reduce the fines as is recommended by the MyCitations online tool consistent with Court-established administrative settings for calculating reduction rates. (b) If the defendant proves a current net monthly income that is less than or equal to 250% of the Federal Poverty Level, then the assigned judicial officer, or designee assigned by the Presiding Judge, will reduce the fines as is recommended by the MyCitations online tool consistent with Court-established administrative settings for calculating reduction rates. (c) The assigned judicial officer, of designee of the Presiding Judge, may grant a defendant’s request for a payment plan, community service, and/or more time to pay the balance. (2) Should a reduction of an outstanding balance portion of an ability to pay request be denied by a non-judicial officer designee, the defendant has the right to a review of the decision by a judicial officer in the trial court. Defendants requesting a review shall contact the Clerk’s Office for additional information on the steps for doing so. (Effective 7/1/99, as amended: 1/1/13, 1/1/15, 1/1/16, 1/1/17, 7/1/18, 7/1/19, 7/1/22, 7/1/23, 1/1/24, 7/1/24, 1/1/25, 7/1/25, 1/1/26, 7/1/26)
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.