Mariposa County Superior Court Local Rules of Court (Effective January 1, 2019) — Section 6-Criminal (Rules 6.1 to 6.4)

Summary

Section 6-Criminal: when the Criminal Court issues Criminal Protective Orders protecting Victim(s), the Criminal Court judge to inquire of the defendant (restrained person) whether there are any children of the relationship between the defendant and the victim (protected person) and any Court orders for custody/visitation of those children, to consider whether peaceful contact should be allowed for purposes of visitation of the defendant with the children and to inquire whether there are any other protective/restraining orders involving the defendant and the victim, and the Court to examine all available databases for existing protective or restraining orders before issuing permanent orders (6.1(a)); when the Criminal Court issues No Contact and/or Stay Away Orders from the minor children of the defendant, the judge to notify the Victim, if present in court, and the defendant of his or her rights to seek a modification, of the orders and of the necessity of returning to the Criminal Court to modify the Criminal Court Protective Order (6.1(b)); a copy of the Criminal Protective Order provided to the victim if present in the Criminal Court when it is issued or, if not, to the District Attorney, who shall send a copy to the Victim at his or her last known address (6.1(c)); the District Attorney’s Office (at any time, at the request of a Victim or the Family, Juvenile or Probate Court), the Probation Department (at the request of a defendant, Victim, or the Family, Juvenile or Probate Court) and the defendant or his/her counsel may place the issue before the Court, which, upon proper request pursuant to this protocol, places the matter on calendar on its own motion, copies of any applicable CLETS Civil Restraining Orders and Custody and Visitation Orders attached to the Application to Modify Criminal Protective Order, which includes the case numbers of both the Criminal Court case and any Family, Juvenile, or Probate cases involving the defendant and the Victim, the Court Clerk placing copies of the application in the applicable Court files, the requesting person responsible for personal service of the Application five (5) days before the hearing on the defendant and all other appropriate parties and agencies, including the District Attorney’s Office and the defendant’s attorney of record, and, if the requesting person is someone other than the Victim, the District Attorney’s Office to send a copy of the Application to the Victim at his or her last known address (6.1(d)); after the hearing on modification, the Court to send a copy of the Modified Protective Order or Order Denying Motion to Modify Criminal Protective Order (or Minute Order) to the applicable Family, Juvenile, or Probate Court for inclusion in its files, and the District Attorney to send a copy to the Victim at his or her last known address (6.1(e)); no criminal trial continued, even by stipulation of the parties, except pursuant to Penal Code section 1050 (6.2); the Court’s policy that, when a defendant has not made a motion to change his or her plea at the Trial Readiness Conference, only pleas to all counts in the complaint or information will be accepted, except where the counts are pled in the alternative (6.3); the attorney representing an in-custody defendant to make timely and appropriate arrangements to ensure that the defendant is suitably dressed for trial (6.4(a)); motions in limine that may not be heard and disposed of within one-half hour on the morning of trial made in writing and scheduled to be heard before the judge assigned to the trial at 1:30 p.m. on the day before the trial is scheduled to commence, and filed with the court and served on opposing counsel no later than three (3) days before the scheduled trial date (6.4(b)); and counsel to file, on the first day of the trial and prior to commencement of jury selection, a list of all CALCRIM instructions requested, special instructions accompanied by points and authorities on separate paper from the proposed instruction, and all blanks on form instructions filled in so that the proposed instruction is complete (6.4(c))