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Chapter 3 (Rules 3.1 to 3.14): requests to calendar on local form MCR-103 with at least five (5) business days written notice, and the exceptions (motions to continue under Penal Code § 1050, conflict of interest papers, OR/bail motions and motions for consolidation) (3.1); service on the Probation Department for defendants on pre-trial services (3.2); motions under Penal Code § 1538.5 and § 995 calendared no less than five (5) business days before trial, discovery motions after meeting and conferring, noticed pretrial motions, and motions in limine the Wednesday before trial (3.3); early settlement conferences, pre-preliminary hearing conferences and pretrial conferences - generally two (2) to four (4) weeks before trial, four (4) to six (6) weeks where interpreters are needed (3.4); the preliminary hearing as a violation of probation hearing (3.5); verdict forms, special interrogatories and jury instructions (3.6); sentencing - what defense counsel confirms, written submissions lodged by 2:30 p.m. and remand to custody (3.7); community service in place of fees and fines (3.8); termination of criminal protective orders issued under Penal Code §§ 136.2, 1203.097 and 273.5(j) on form CR-165 (3.9); search warrants (3.10); requests for adult probation records under Penal Code § 1203.10 by noticed motion (3.11); release of adult probation records to requesting agencies (3.12); petitions for dismissal or charge reductions (3.13); and arraignment documents made available to the Public Defender before appointment (3.14).
California > First Appellate District > Mendocino County > Superior Court of California, County of Mendocino
Chapter 3: Criminal Court Rules 3.1 Request to Calendar Parties wanting to place a matter on calendar must provide at least five (5) business days written notice to the court and opposing counsel by filing local form MCR-103 Request to Calendar Case and supporting documents with the clerk’s office. A request to place a matter on calendar for emergency matters which need to be heard before the five (5) business day notice requirement must be accompanied by a Declaration in Support of Order Shortening Time and an Order Shortening Time. Exceptions to the five (5) business day rule include: a. Motion to Continue (Penal Code § 1050) b. Conflict of Interest Papers c. OR/Bail Motion d. Motion for Consolidation (Effective 1/1/10; renumbered 1/1/19; renumbered 7/1/19; renumbered & amended 1/1/20; amended 1/1/23) 3.2 Service on Probation Department for Defendants on Pre-Trial Services Prior to Adjudication Defendants or their counsel must serve the Probation Department with any motions, requests to calendar, or other pleadings to be placed on calendar while the defendant is participating in the Probation Department’s Pre-Trial Services program at least one (1) business day prior to the date of the hearing. (Effective 1/1/24) 3.3 Motions a. Motions to Suppress Evidence. Motions pursuant to Penal Code § 1538.5 will be calendared no less than five (5) business days before trial. b. 995 Motions. Motions pursuant to Penal Code § 995 to dismiss one (1) or more charges in a felony case after the preliminary hearing will be calendared no less than five (5) business days before trial. c. Discovery. Discovery motions must be focused upon disputed items after presentation of informal requests. Boilerplate discovery motions are disfavored. Counsel must meet and confer before filing a motion to compel discovery or other discovery related matter in a good faith effort to resolve or narrow the disputed issues. d. Pretrial Motions. Unless otherwise ordered, all pretrial motions must be noticed in writing with a date obtained from the clerk. A description of, and a reliable time estimate for, any motions must be provided to the clerk. All papers pertaining to motions must be served and filed in compliance with California Rule of Court rule 4.111. e. Motions in Limine. Motions in limine will be set for review and argument the Wednesday before trial. The defendant(s) and counsel responsible for trying the case must be present. Pursuant to California Rules of Court rule 4.112, this will constitute a further trial readiness conference and counsel should be prepared to discuss any witness problems or scheduling issues. Absent any other order by the trial judge, all motions in limine must be in writing, filed with the court, and served on all parties by the close of business on the Tuesday before trial. (Effective 1/1/20; renumbered 1/1/24; amended 1/1/25) 3.4 Conferences a. Early Settlement Conferences. For all misdemeanor charges, an early settlement conference date will be set. At the conference, all counsel who will participate in the trial must be present and are expected to have discussed the case among themselves and exchanged offers with a view toward resolving the matter prior to trial. If the case does not settle at the early settlement conference, counsel must inform the court of any special needs, interpreters, appointment of counsel for witnesses, and the estimated time for the hearing. b. Pre-Preliminary Hearing Conference. For all felony charges, a pre-preliminary hearing conference date will be set. At the conference, all counsel who will participate in the preliminary hearing must be present and are expected to have discussed the case among themselves and exchanged offers with a view toward resolving the matter prior to preliminary hearing. If the case does not settle at the pre-preliminary hearing conference, counsel must provide the court with the name of the attorneys who will conduct the preliminary hearing on behalf of the people and the defendant. c. Pretrial Conference. At the time the defendant’s not guilty plea is entered, the case will be set for pretrial conference at the discretion of the court, generally two (2) to four (4) weeks before the trial date. If not settled on that date, a further pretrial and readiness conference will be set one (1) week before trial. Counsel must confer among themselves, their clients, law enforcement personnel, and any alleged victims before the pretrial conference in a good faith effort to achieve resolution of the case without trial. On cases in which the defendant or witnesses need interpreters, the pretrial conference shall be held four (4) to six (6) weeks prior to the trial date. If not settled on that date, a further pretrial and readiness conference will be set at least two (2) weeks before trial to allow the court sufficient time to schedule and retain interpreter resources for the trial if the case is not settled. The conference must be attended by counsel who will try the case, and counsel will be expected to advise the court either that (a) the defendant desires to change his/her plea to one that is acceptable to the People, or that (b) there is no possibility that the case can be disposed of without trial. If the case does not settle, counsel must inform the court of the time estimate for trial and any special requirements, including the need for interpreters that could affect the conduct of the trial. (Effective 1/1/20; amended 1/1/23; renumbered and amended 1/1/24) 3.5 Preliminary Hearing as Violation of Probation Hearing At the discretion of the court, and as permitted by law, the preliminary hearing will also constitute a violation of probation hearing for any trailing probation matter. (Effective 1/1/99; renumbered 7/1/08; amended 1/1/10; renumbered 1/1/19; renumbered 7/1/19; renumbered 1/1/20; renumbered 1/1/24) 3.6 Verdict Forms, Special Interrogatories, and Jury Instructions a. Unless otherwise ordered by any pretrial conference order in the case or other order from the trial judge, verdict forms and special interrogatories must be submitted no later than 9:00 a.m. on the first day of trial. b. All requested and proposed jury instructions must be filed the day before the final trial readiness conference and/or motions in limine conference that is held during the week before the trial. Supplementary instructions can be submitted and received by the court at such time and condition as may be just. (Effective 7/1/19; renumbered 1/1/20; renumbered 1/1/24) 3.7 Sentencing At sentencing, defense counsel must confirm whether: a. defendant has received the probation report in a timely fashion, b. defendant waives arraignment for sentence; and c. there is any legal reason why judgment should not be pronounced. Absent a showing of good cause, the court will not consider letters or other written submission which are not served on opposing counsel and lodged with the court by 2:30 p.m. on the day before the hearing. A defendant should expect to be remanded to custody at the time set for sentencing if: d. the defendant failed to make or keep an appointment to be interviewed by the probation officer; or e. the court imposes a prison sentence. (Effective 1/1/99; renumbered 7/1/04; renumbered 7/1/08; renumbered 1/1/19; renumbered & amended 1/1/20; amended 1/1/23; renumbered & amended 1/1/24) 3.8 Community Service/Conversion of Fees and Fines If authorized by the court and pursuant to Penal Code § 1202.4(n), 1205.3, or other applicable statute, court fees and fines may be converted to community service hours at a rate of two (2) times the California minimum wage per hour. The rate will increase each time the California minimum wage increases in the future. (Effective 1/1/19; renumbered & amended 7/1/19; renumbered 1/1/20; amended 1/1/23; amended 1/1/24; amended 7/1/24; renumbered 7/1/26) 3.9 Termination of Criminal Protective Orders Issued The following procedures have been adopted to address criminal protective orders following plea, trial, dismissal, and the termination, revocation, or expiration of probation: a. Criminal Protective Orders issued pursuant to Penal Code § 136.2: 1. The judge will direct the District Attorney or counsel for the defendant to prepare and submit for signature Judicial Council form CR-165 Notice of Termination of Protective Order in Criminal Proceeding within 30 days of the court no longer having jurisdiction over the case, including imposition of a state prison commitment. 2. If the Criminal Protective Order is not addressed in court at the time of plea, at judgment and sentencing after court or jury trial, or at the time the charges are dismissed, the clerk will, within 30 days of resolution of the case, prepare a Notice of Termination and submit to the hearing judge for signature or to the presiding judge in their absence. b. Criminal Protective Orders issued pursuant to Penal Code § 1203.097: 1. If probation is ordered revoked and terminated, the judge will direct the District Attorney or counsel for the defendant to prepare and submit for signature Judicial Council form CR-165 Notice of Termination of Protective Order in Criminal Proceeding. 2. Upon granting of a motion pursuant to Penal Code § 1203.2, the judge will direct the District Attorney or counsel for the defendant to prepare and submit for signature Judicial Council form CR-165 Notice of Termination of Protective Order in Criminal Proceeding within 30 days. 3. If the Criminal Protective Order is not addressed in court at the time of termination of probation pursuant to Penal Code § 1203.2, the clerk will, within 30 days of resolution of the case, prepare a Notice of Termination and submit to the hearing judge for signature or to the presiding judge in their absence. c. Criminal Protective Orders issued pursuant to Penal Code § 273.5(j) 1. These orders may be issued for up to 10 years and will remain in effect whether or not probation is ordered unless specifically addressed otherwise. (Effective 7/1/19; renumbered 1/1/20; amended 7/1/22; amended 1/1/23; amended 1/1/24; renumbered 7/1/26) 3.10 Search Warrant At the time the district attorney files a criminal complaint or information in a case in which a search warrant was previously executed by the district attorney or law enforcement, the district attorney must notify the court to place the search warrant in the criminal file by providing the search warrant number and date signed. If the search warrant is sealed by order of the court, it will be placed in an envelope marked ‘sealed’. If the search warrant is not sealed, it will be made available for public inspection in the case file. (Effective 1/1/20; amended 1/1/23; renumbered 7/1/26) 3.11 Requests for Adult Probation Records Pursuant to Penal Code § 1203.10, Mendocino County Probation Department records are court records and are not subject to subpoena duces tecum (See County of Placer v. Superior Court (2005) 130 Cal. App.4th 807). The following procedures have been adopted for parties wanting to request access to Probation Department records. a. A defendant/probationer or other party to a criminal proceeding may file a properly noticed motion with the court for the following: 1. requesting access for inspection of any non-confidential records believed to be in the custody of the Probation Department, or, 2. allowing inspection or access to confidential portions of the probationer’s file, upon a necessary showing of good cause. b. Upon a finding or order from the court authorizing access to or allowing inspection of records in the custody of the Probation Department, the Probation Department must make such records available to the defendant/probationer and/or counsel consistent with the court’s order. (Effective 7/1/22; amended 1/1/24; renumbered 7/1/26) 3.12 Authorization for Release of Adult Probation Records and Reports by Probation Department a. The Probation Department is authorized to disclose adult probation reports and records to the following, referred to as “Requesting Agency:” 1. Peace officers of the State of California, as defined in California Penal Code § 830.1, 830.2(a) and (d), 830.3(e), 830.3(b), and 830.5; 2. Peace officers as defined by the law of the United States or other states, territories, or possessions of the United States; and 3. Judges or other judicial officers of all US Federal Courts and all courts of states, territories, or possessions of the United States. b. The Probation Department is authorized to make such disclosures subject to the following terms and conditions: 1. It has received a written request from the Requesting Agency, stating that record or report is needed for purposes of conducting criminal, pre- or post-sentence, or pre-trial investigations; 2. It will not disclose medical, mental health, or drug and alcohol treatment information, except to the extent that the information is contained in the charges, probation reports, or terms and conditions of probation, all of which may be released to the Requesting Agency; 3. It will remove or redact all identifying information concerning any person except the subject of the report or record and/or any public official named in the report; 4. It will place the following language on each page of the released records: “CONFIDENTIAL: UNLAWFUL RELEASE OR POSSESSION OF THIS INFORMATION IS A MISDEMEANOR.” (Effective 1/1/24; renumbered 7/1/26) 3.13 Petitions for Dismissal or Charge Reductions Pursuant to Penal Code §§ 17(b), 17(d)(2), 1203.4, 1203.4a, 1203.41, 1203.43, and 1203.49 Following adjudication of a case, a party may request the court to reduce felony charges to misdemeanors and/or dismiss felony or misdemeanor charges by filing Judicial Council form CR-180 Petition for Dismissal. Upon request from the court, the party must provide the court with the party’s criminal history summary obtained from the California Department of Justice. (Effective 7/1/24; renumbered 7/1/26) 3.14 Documents Pertaining to Arraignment Made Available to the Public Defender Prior to Appointment To ensure that in-custody defendants have counsel present at their arraignments and to facilitate the opportunity for defendants to have confidential conversations with counsel about the charges alleged in their complaints, the court provides copies of the complaints filed by the District Attorney’s Office and Pre-Sentence Assessment Reports filed by the Probation Department to the Public Defender’s Office before the arraignment hearing. In the event the Public Defender’s Office is not appointed by the court, the defendant has retained private counsel, or the defendant intends to proceed in pro per, the Public Defender will discard these documents. In such instances, the court may continue the arraignment hearing, and the defendant or defendant’s counsel must obtain copies of these documents from the District Attorney’s Office at the arraignment hearing. (Effective 7/1/25; renumbered 7/1/26)
Chapter 3: Criminal Court Rules 3.1 Request to Calendar Parties wanting to place a matter on calendar must provide at least five (5) business days written notice to the court and opposing counsel by filing local form MCR-103 Request to Calendar Case and supporting documents with the clerk’s office. A request to place a matter on calendar for emergency matters which need to be heard before the five
Reviewer note: Composed 2026-10-10 (California T4 Mendocino build 2026-10-10) from BenchPath custody ca/t4/ca-mendocino/docs/local-rules/localrules.pdf (the court's rule book, its cover “Superior Court of California County of Mendocino Local Rules Effective July 1, 2026”, as fetched 2026-10-10; 2190010 bytes, sha256 10c2f9fe33dd913b755e1e05ef7b947b851dc38c30ff0a08807e7ad866117b0c; 152 pages) with the shared verbatim composer (v2 reflow) chapter by chapter - Chapters 1 to 8 (PDF pages 7 to 50; 51 to 63; 64 to 70; 71 to 86; 87 to 104; 105 to 108; 109 to 112; 113 and 114), each beginning at the top of a page: each page's running header (“Superior Court of California, County of Mendocino”) and footer (the page number) removed as chrome; lines reflowed into the rules' paragraphs; no struck run on any of the 152 pages (review/strike-report-2026-10-10.txt); Chapter 1's 55 rule numbers, which the book prints as images the text layer does not carry, set before their headings from their placements on the page (read by eye, and against the book's History Table; build/labels.py, build/labels-report.json); 12 whitespace-only fixes (build/book-fixes.json: Rule 1.8's stacked list of the departments' courtesy copy email addresses, which the reflow ran into one line, set one address a line, and its file-name example set on its own line; seven form numbers broken after the hyphen at a printed line's end set as one number - EFS-007, EFS-020, FW-003, MMC-323-327, MFL-250, FL-150 and JV-220; Rule 1.39's bulleted item “Copies of discovery or motions” set apart from the item before it; and two sentences rejoined where a printed line ended short before a long word - Rule 2.11's sentence on the USB drive's “ADMINISTRATIVE RECORD” label across a page break and Rule 4.2's “Notice of Family Law Case Management Conference”; the vertical-gap, short-line, right-edge, page-break, bold-line, false-break, fragment and row 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, the lists of local and Judicial Council forms, the History Table 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.