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Division 4, Chapter 1: felony cases brought to trial within sixty (60) days of the indictment or information, time waivers generally discouraged (4.1.1); criminal discovery under Penal Code § 1054 (4.1.2); the papers for motions under Penal Code § 995 and to suppress evidence under Penal Code § 1538.5 - a specification of the evidence, the theories and authorities, and notice of intended testimony not less than ten (10) days in advance (4.1.3 and 4.1.4); motions to vacate forfeiture of bail filed in the criminal case with a supporting declaration, and the costs of returning a defendant to custody under Penal Code § 1306(b) (4.1.5); preliminary matters specified at the trial confirmation (4.1.6); a not guilty by reason of insanity plea entered within five (5) court days after the report under Evidence Code § 1017 (4.1.7); a declaration for a formal evidentiary hearing filed four (4) court days before (4.1.8); hazardous exhibits returned under Penal Code § 1417.3 and a photographic record substituted (4.1.9); reporter's notes of capital cases (4.1.10); transcripts of sound recordings served at least fourteen (14) days before trial and disputed transcripts no later than three (3) days before trial (4.1.11); petitions under Penal Code, § 1203.4 served on the Madera County Probation Department before filing (4.1.14); courtesy copies of all documents at the time of filing motions, responses and replies with the Criminal Division (4.1.15); and a Request to Recall Warrant Hearing after a failure to appear - scheduled by telephone or in person no earlier than one (1) week from the request, with bail in forfeiture status only after the defendant obtains a Letter of Reassumption of Liability and submits it to the Court within two (2) days, and after two (2) consecutive failures to appear only by a written Request for Calendar Setting (4.1.16)
California > Fifth Appellate District > Madera County > Superior Court of California, County of Madera
DIVISION 4 CRIMINAL LAW MATTERS Chapter 1 General Matters. 4.1.1 Continuances in Criminal Cases. The continuance policy of this Court relating to any state of a criminal proceeding is necessarily governed by the provision of the Penal Code. It is the stated policy of this Court that all felony cases may be brought to trial within sixty (60) days of the finding of the indictment or the filing of the information. Time waivers are generally discouraged and may not be accepted except in unusual and extreme circumstances, pursuant to judicial discretion and/or a formal judicial order. (Effective 7/1/08, amended 1/1/22) 4.1.2 Criminal Discovery Motions. All discovery in criminal cases shall be governed by Part 2, Title 6, Chapter 10, commencing with Penal Code § 1054. (Effective 7/1/08) 4.1.3 Moving Parties for Motions under Penal Code § 995. Documents accompanying such motions shall include the following: (a) A brief statement in summary form of the facts as set forth in the transcript; (b) A statement of the issues specifically identifying in what regard the People’s case is defective; (c) References to testimony in the transcript that the moving party intends to rely upon must be set forth specifying page and line number; (d) A statement of authorities upon which the moving party relies. (Effective 7/1/08, amended 1/1/10) 4.1.4 Motion under Penal Code § 1538.5 to Suppress Evidence. (a) Moving papers accompanying such motions shall include a brief statement in summary form of the facts upon which the moving party relies in support of the motion. Moving papers accompanying such motions shall include a complete specification of the exact matters and things the defendant wants to be suppressed or which the District Attorney wants to have admitted. CAVEAT: “All the evidence seized on..., etc.” is not a proper specification. (b) The moving papers designating a motion to suppress pursuant to Penal Code § 1538.5 shall specifically describe and list the evidence which is the subject of the motion to suppress, and shall specifically state the theory or theories which shall be relied upon and urged for the suppression of evidence, and cite the specific authority or authorities which will be offered in support of the theory or theories upon which suppression of the evidence is urged. (c) If the moving party intends to rely upon some testimony in the transcript, the moving papers shall contain references to such testimony specifying the page and line number of the transcript. (d) If the moving party intends to present testimony, the following must be done: (1) The first page of the moving papers shall so state and shall further set forth an estimate of the time required for such testimony. (2) Notice of such intent must be given to the Court and opposing counsel not less than ten (10) days in advance. (3) The moving party shall be responsible for assuring the presence of the witnesses he or she intends to call. (4) Points and Authorities in support of and in opposition to the motion shall be filed and served on the opposing party. The absence of such a memorandum may be construed by the Court as an admission that the motion is not meritorious and cause for its denial. (Effective 7/1/08) 4.1.5 Forfeiture and Reinstatement of Bail; Resumption of Liability on Bail Bonds. The general procedure for a motion to vacate forfeiture of bond is as follows: (a) All motions to vacate forfeiture and exonerate or reinstate bonds in the Superior Court shall be filed in the criminal case. (b) A notice of motion shall be filed setting forth the date and time of the hearing. A supporting declaration stating the specific grounds upon which the motion is based and, unless there is a statement that the surety, or his agent, has surrendered the defendant, also indicating non-collusion of the surety. (c) Pursuant to Penal Code § 1306(b), if the Court grants relief from forfeiture, the Court may impose a fee reflecting the actual costs of returning a defendant to custody, except in cases where the Court determines that in the best interest of justice no costs shall be imposed. (Effective 7/1/08, amended 7/1/11, 1/1/26) 4.1.6 Preliminary Criminal Matters. Any party to a criminal action intending to raise preliminary matters before the trial court should orally specify the matters to be raised and the reasons therefor at the trial confirmation. These include: (a) A detailed specification of the preliminary matters to be brought before the trial court and the reasons therefor shall be included in the written motion and papers submitted to the Court. (b) Preliminary matters include, but are not limited to, motions in limine, motions to exclude confessions or admissions, motions to suppress where permitted to be raised in the trial court, and motions to strike prior convictions. (c) An estimate of the time required for the preliminary matters to be heard. (Effective 7/1/08) 4.1.7 Mental Capacity Issues and Pleas. (a) It is the policy of the Court that requests for psychiatric examination and pleas of “not guilty by reason of insanity” are brought before the Court at the earliest possible time and as far in advance of the trial date as practicable. (b) If a “not guilty by reason of insanity” plea is reserved pending a psychiatric examination pursuant to Evidence Code § 1017, a “not guilty by reason of insanity plea” shall be entered within five (5) court days following the receipt of such report. (Effective 7/1/08) 4.1.8 Evidentiary Hearings. Formal evidentiary hearings on a probation officer’s report and pronouncement shall only be set and heard upon the filing of a declaration by the defendant and/or his or her attorney. The declaration shall set forth the reasons and need for such a hearing. Said declaration shall be filed four (4) court days before the matter is set for hearing or sentencing and shall include proof of service of a copy on the attorney for the plaintiff. (Effective 7/1/08) 4.1.9 Disposition of Exhibits. Pursuant to Penal Code § 1417.3, any exhibits offered by the state or defendant shall be returned to the party offering them, by order of the Court, where the exhibit poses a security, storage, safety, or health problem. A photographic record shall be substituted for said exhibit. Exhibits which are within this category are: (1) Any type of explosive powder (2) Any explosive chemical such as toluene, ethane, etc. (3) Any explosive device (i.e. pipe, bomb, grenade) (4) Any container which contains a flammable liquid (5) Any canister containing tear gas or mace (6) Any rags soaked with any flammable liquid (7) Phencyclidine, methamphetamine, corrosive liquid pyrrolodine, morpholine, or piperidine in liquid form (8) Samples of blood, urine, human or animal tissue or other items requiring refrigeration and/or humidity-controlled storage (9) Any controlled substance that requires special destruction under the State of California as being a hazardous material, which would include any cocaine, methamphetamine or heroin. All such substances will be returned to the district attorney’s office or the agency that confiscated the controlled substance and who has presented it as evidence in court in a criminal action or proceeding. It shall be returned by stipulation of Counsel as provided in Penal Code § 1417.2. If exhibits or evidence are presented by either party which are deemed by the Court, in its discretion, as a health or safety hazard, or which may otherwise interfere with the Court’s orderly business, the Trial Judge may direct such exhibits or evidence to be placed in storage containers or such applicable containers so as to minimize the intrusiveness or safety concerns of such exhibits or evidence. Counsel are also specifically directed to place evidence or exhibits with a pungent odor into plastic containers wherever practicable when they are brought into Court. (Effective 7/1/08, amended 7/1/11) 4.1.10 Reporter’s Notes of Capital Cases. So as to comply with the Supreme Court Order of November, 1989, all records in capital cases, including court reporter’s notes, shall be turned in to the Clerk’s Office upon completion of the case. Completion means when the transcript is completed and filed. The Clerk shall maintain all death penalty records in a designated place until ordered destroyed by the Supreme Court. (Effective 7/1/08, amended 1/1/13) 4.1.11 Sound Recordings Offered at Trial. Any party intending to offer any sound recording in evidence at trial shall prepare a transcript of the sound recording at least fourteen (14) days before trial and serve such transcript and copy of the recording on all other parties. Any party disputing the accuracy of the transcript shall prepare his own transcript of the sound recording identifying the disputed portions and serve that transcript on all other parties no later than three (3) days before trial. When disputed, the parties shall meet and confer in a good faith effort to resolve their differences. (a) In the event that the differing versions cannot be resolved by the parties, they shall alert the Trial Judge on or before the first day of trial to reserve an appropriate amount of time in the assigned trial court to settle the dispute before summoning a jury panel. (b) The propounding party shall prepare a sufficient number of copies of the transcript for distribution as ordered by the Court. (c) Nothing herein is intended to contravene the applicable rules of discovery or valid claims of confidentiality provided by law. If a party is entitled to maintain the confidentiality of a sound recording and chooses to do so until trial, a proposed settled transcript shall be lodged with the Court when the sound recording is marked for identification. The opposing party shall be allowed a reasonable opportunity to listen to the sound recording, prepare a proposed transcript and lodge objections before the sound recording is received as evidence. (Effective 7/1/08, part (a) amended 1/1/13, part (d) added 1/1/15, 1/1/26) 4.1.12 [Deleted 1/1/13] 4.1.13 [Deleted 1/1/15] 4.1.14 Petition Pursuant to Penal Code, § 1203.4. A person who petitions for a change of plea or setting aside of a verdict under Penal Code, § 1203.4 is required to additionally serve the petition for relief on the Madera County Probation Department prior to filing the petition with the court. (Effective 7/1/19) 4.1.15 Filings in Criminal Cases (a) Parties filing motions and documents in support of motions with the Criminal Division must provide a courtesy copy of all documents at the time of filing. (b) Parties filing responses and documents, in opposition or otherwise, to any motion with the Criminal Division must provide a courtesy copy of all documents at the time of filing. (c) Parties filing a reply and related documents to any response with the Criminal Division must include a courtesy copy of all documents at the time of filing. (d) Parties who have obtained a fee waiver are exempt from this provision. (e) The failure to comply with parts (a) – (c) of this section will not prevent the papers from being accepted for filing, but parties are required to comply with this section as soon thereafter as practical. (f) The Court may, in its discretion, relieve a party from its duties under this section. (Effective 1/1/20) 4.1.16 Procedure for Scheduling a Request to Recall Warrant Hearing After Failure to Appear (a) Definitions. (1) Failure to Appear (FTA) means the defendant’s nonappearance in court at a scheduled hearing or proceeding for which notice was provided. (2) Consecutive failures to appear (FTAs) means two (2) failures to appear occurring in succession on the same case without an intervening appearance. (3) Bail Forfeiture Status means that bail previously posted by the defendant has been ordered forfeited by the court. (4) Letter of Reassumption of Liability means written confirmation from the surety or bonding company reinstating liability on the bond. (b) Eligibility; No Consecutive Failures to Appear; No Bail Forfeiture. (1) A defendant may contact the court by telephone or appear in person to schedule a Request to Recall Warrant Hearing. (2) The hearing shall be set no earlier than one (1) week from the date of the request. (c) Eligibility: No Consecutive Failures to Appear; Bail in Forfeiture Status. (1) A defendant with no history of consecutive prior failures to appear, but whose bail is in forfeiture status, shall not have a case scheduled for hearing until the following requirements are satisfied: (A) Obtain a Letter of Reassumption of Liability from the bonding agency. a. The Letter of Reassumption of Liability is void if a hearing cannot be scheduled before the expiration date noted on the letter. To be eligible to be placed on calendar, a new letter will need to be obtained from the bonding agency. (B) Within two (2) days, submit the Letter of Reassumption of Liability to the Court to ensure the letter does not expire. (2) Upon satisfaction of these requirements, the defendant may contact the court by telephone or appear in person to schedule a Request to Recall Warrant Hearing. (3) The hearing shall be set before the expiration of the Letter of Reassumption of Liability or no earlier than two (2) court days from the date of the request. (d) Ineligibility for Scheduling via telephone; Two or More Consecutive Failures to Appear. (1) A defendant with a history of two (2) consecutive failures to appear shall not be eligible to schedule a Request to Recall Warrant Hearing via telephone. (A) In order for the clerk to calendar a Request to Recall Hearing, the defendant may submit a written request using the ‘Request for Calendar Setting’ form for each case with an active warrant to be scheduled. (B) The hearing shall be set no earlier than one (1) week from the date of the request. (C) If the defendant elects not to submit the required written request, or wishes to clear the warrant sooner, the defendant may surrender directly to their local sheriff’s department. (e) Judicial Discretion. Nothing in this rule shall limit the authority of any judicial officer to deny, modify, or otherwise determine the scheduling of a Request to Recall Warrant Hearing based on the specific circumstances of the case or the interests of justice (Effective 1/1/26)
DIVISION 4 CRIMINAL LAW MATTERS Chapter 1 General Matters. 4.1.1 Continuances in Criminal Cases. The continuance policy of this Court relating to any state of a criminal proceeding is necessarily governed by the provision of the Penal Code. It is the stated policy of this Court that all felony cases may be brought to trial within sixty (60) days of the finding of the indictment or the filing of th
Reviewer note: Composed 2026-10-15 (California T4 Madera build 2026-10-15) from BenchPath custody ca/t4/ca-madera/docs/local-rules/final-madera-superior-court-local-rules-effective-january-1-2026-july-1-2026.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF MADERA LOCAL RULES OF COURT ADOPTED AND EFFECTIVE January 1, 2026 (Version remains in effect July 1, 2026)”, as fetched 2026-10-15; 917952 bytes, sha256 09e571d1d3d274fb9327738b46ba46823820c85e97926c20e3350d7c5ac18500; 135 pages; this part PDF pages 62 to 70, page numbers 62 to 70) with the shared verbatim composer (v2 reflow): the rules (PDF pages 18 to 118) composed as one text and cut at the division headings, and in Divisions 2, 4 and 5 at a chapter heading (“Chapter 7 Telephone Hearings in Selected Departments Using CourtCall System.”, “Chapter 2 Traffic Matters”, “Chapter 2 Juvenile Dependency Cases -Appointment of Counsel”), each matched once as a whole line; every page's three-line running head (“Superior Court of California”, “County of Madera”, “Local Rules of Court”, named) and page number (“18” to “118”, named) removed as chrome - 404 chrome lines; lines reflowed into the rules' paragraphs, each rule number and lettered or numbered subdivision starting a line; the strike report (review/strike-report-2026-10-15.txt) finds no struck run in the book; the SymbolMT font's trademark sign after “CourtCall” in Rule 2.7.2(c) and “COURTCALL” in Rule 2.7.4 (PDF pages 44 and 45), a private-use code point in the text layer, read as the “™” it prints (the composer's glyph map, applied to the text and the proof's layer alike); 6 whitespace-only fixes (build/book-fixes.json: two rule numbers cited at a line's head - “1.6.9” and “7.1.7” - rejoined to their sentences, Rule 1.3.1(i)'s “1.3.1(a)-(h)” rejoined, the end of Rule 1.6.4's fee table and the paragraph after it split, a row of Rule 1.6.7's fee schedule split from the next row's label, and Rule 4.2.10(f)'s mailing address split into its lines); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-15.txt, review/book-short-lines-2026-10-15.txt, review/book-extra-audits-2026-10-15.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover with the judges of the court (PDF page 1), the instructions for filing (2), the table of contents (3 and 4), the list of effective rules (5 to 17), the index (119 and 120) and the lists of local forms (121 to 135) 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.