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Chapter 12 (Rules 12.01 to 12.06): Local Rule 5.07 on sanctions and Rule 5-300(B) of the Rules of Professional Conduct of the State Bar of California incorporated and made applicable to criminal actions (12.01); the photographing or recording of any proceeding as determined by the judge presiding over it, subject to CRC Rule 1.150, any request concerning it made to that judge (12.02); pretrial motions in writing with a memorandum of points & authorities, to comply with Rule 4.111 of the California Rules of Court, an order shortening time on ex parte written application under Local Rule 3.03, hearings set on the regular criminal law and motion calendar when no more than a total of 15 minutes is required, no evidence taken there, and counsel to notify the Clerk no later than the third court day prior to the hearing of an extended hearing (12.03(A) to 12.03(C)); a matter placed on calendar on the unanimous written stipulation of counsel and parties, upon approval by a judge (12.03(D)); the Court not to approve a negotiated plea after the trial readiness conference has been conducted and the trial is confirmed, except in extremely unusual circumstances when good cause is shown, counsel to meet and confer prior to the final pretrial conference (12.04); a request for modification of a term of probation set for hearing before the bench officer who imposed the sentence, post-trial motions under the time limits of Rule 4.111 (12.05); and claims by court-appointed counsel for fees submitted in writing with an itemized statement of the services, the time devoted, the sum requested for each item and the expenses, no later than ninety-days (90) from the date the attorney last rendered service, a failure deemed a waiver of the claim (12.06).
California > Third Appellate District > Modoc County > Superior Court of California, County of Modoc
CHAPTER 12: GENERAL CRIMINAL RULES 12.01 Sanctions: A. Incorporation of Local Rule 5.07. Rule 5.07 of these Local Rules, pertaining to civil actions, is incorporated herein by this reference as though fully set forth at length, and is hereby made applicable to criminal actions in this Court. B. Incorporation of RPC Rule 5-300(B). Rule 5-300(B) of the Rules of Professional Conduct of the State Bar of California relating to ex parte communications with the Court is incorporated by reference as though fully set forth at length and is hereby made applicable to criminal actions in this Court. (Rule 12.01 adopted effective January 1, 2011.) 12.02 Photographing or Recording Court Proceedings: The Court adopts Rule 1.150 of the California Rules of Court regarding photographing or recording of any court proceeding. The photographing or recording of any proceeding will be as determined by the judge who is presiding over that proceeding, subject to CRC Rule 1.150, and any request concerning photographing or recording the proceeding must be made to that judge. (Rule 12.02 adopted effective January 1, 2011.) 12.03 Pretrial Motions: A. Form of Pretrial Motions. Unless otherwise ordered or specifically provided by law, all pretrial motions must be in writing and must be accompanied by a memorandum of points & authorities. All such motions and supporting documents, opposition papers, and the hearings thereon must comply with Rule 4.111 of the California Rules of Court. The form and format of all motions, and supporting or opposition documents, must be as required by the California Rules of Court and, specifically, CRC Rules 2.100-2.119. B. Filing and Service. The time for filing and the manner of service of pretrial motions must be as set forth in Rule 4.111 of the California Rules of Court unless otherwise ordered or specifically provided by law. The Court upon ex parte written application may grant an order shortening time, if the application is supported by a declaration demonstrating good cause. Any ex parte application to the Court for an order shortening time must comply with Local Rule 3.03. C. Hearings. Hearings on pretrial motions must be set on the Court's regular criminal law and motion calendar, if the hearing will require no more than a total of 15 minutes for all sides to fully argue. No evidence will be taken at any hearing on the law and motion calendar. In the event that counsel determines that the matter will require more than a total of 15 minutes, or will require the taking of evidence, counsel must notify the Clerk of the Court, no later than the third court day prior to the day set for hearing, that the matter requires an extended hearing, in which case the matter may be continued by the Court to a date and time certain. D. Hearings by Stipulation of Counsel/Parties. If counsel, or counsel and parties in propria persona, unanimously stipulate in writing that a matter may be placed on calendar and heard by the Court without notice, then counsel or such party may notify the Clerk of the Court, in person or by telephone, of the fact of the stipulation, and may request that the matter be calendared for hearing at a designated date and time. Upon receipt of approval by a judge, the Clerk of the Court may authorize the matter to be so calendared, and shall telephonically notify the court reporter, all counsel and parties in propria persona, and all necessary security personnel (and custodial personnel if the defendant is in custody), of the date and time of the hearing. Unless expressly ordered by the Court, or otherwise provided for in these Rules or some other written policy of the Court, no counsel or party may unilaterally request that a matter be calendared for hearing. Exceptions to this Rule include the Court's existing policy regarding the calendaring of juvenile detention hearings under Welfare & Institutions Code Sections 300 and 600, and calendaring the arraignments of defendants taken into custody for alleged probation violations. (Rule 12.03 amended effective January 1, 2015; adopted effective January 1, 2011.) 12.04 Policy Regarding Acceptance of Negotiated Plea after Final Pretrial Conference: A. Policy. Except in extremely unusual circumstances when good cause is shown, the Court will not approve a negotiated plea after the trial readiness conference has been conducted and the trial is confirmed. For purposes of this policy, the term “negotiated plea” means any plea other than a plea of guilty or nolo contendere to all counts (not including alternative counts) charged in the information, and also means any plea which is conditional upon a grant of probation or a certain specified punishment, even if the defendant is pleading guilty or nolo contendere to all counts. B. Meet and Confer Requirement. Counsel must have fully investigated their cases, and must have met and conferred with one another, prior to the final pretrial conference. (Rule 12.04 adopted effective January 1, 2011.) 12.05 Requests for Sentence Modification and Other Post-Trial Motions: A. Setting for Hearing. In any case in which the Court has not lost jurisdiction and the defendant or counsel seeks modification of a term of probation, including a jail term, the defendant or counsel must contact the Clerk of the Court in order to set a hearing before the bench officer who imposed the sentence. The matter will be set on a regular calendar over which that bench officer presides. B. Form of Request. The Court adopts the time limits set forth in Rule 4.111 of the California Rules of Court for all post-trial motions unless otherwise ordered or specifically provided by law. The Court upon ex parte written application may grant an order shortening time, if the application is supported by a declaration demonstrating good cause. Any ex parte application to the Court for an order shortening time must comply with Local Rule 3.03. (Rule 12.05 adopted effective January 1, 2011.) 12.06 Claims by Court-Appointed Counsel for Payment of Fees: A. Requirement of Claim. A claim for fees and/or reimbursement of expenses by an attorney appointed by the Court to represent an indigent defendant in a criminal or juvenile action must be submitted in writing to the Court, or to such agency as may be designated by the Court from time-to-time, or to the presiding judge of the Court, in the form, and not later than the time, prescribed in this Rule 12.06. Failure to comply with these requirements may be deemed a waiver of the claim for and right to reimbursement. Claims submitted to the Court will be reviewed and approved by the Court, and then forwarded to the County Auditor for payment. B. Content of Claim. The claim must include an itemized statement of the services rendered, the time devoted to each service, the sum requested for each item of service, the date of service, the items and amounts of reasonably necessary expenses incurred, and the total amount requested by the attorney. The Court will review these applications based upon standards which are maintained by the Court and which may be modified from time-to-time as circumstances warrant. C. Time for Presenting Claim. The attorneys claim must be presented no later than ninety-days (90) from the date that he or she last rendered service in the matter. Failure to present a claim within the required time limitation may be deemed a waiver of the claim and of the right to reimbursement. (Rule 12.06 adopted effective January 1, 2011.)
CHAPTER 12: GENERAL CRIMINAL RULES 12.01 Sanctions: A. Incorporation of Local Rule 5.07. Rule 5.07 of these Local Rules, pertaining to civil actions, is incorporated herein by this reference as though fully set forth at length, and is hereby made applicable to criminal actions in this Court. B. Incorporation of RPC Rule 5-300(B). Rule 5-300(B) of the Rules of Professional Conduct of the State Bar
Reviewer note: Composed 2026-10-12 (California T4 Modoc build 2026-10-12) from BenchPath custody ca/t4/ca-modoc/docs/local-rules/modocrules-07-01-2024.pdf (the court's rule book, its first page “SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF MODOC LOCAL RULES OF COURT TABLE OF CONTENTS”, as fetched 2026-10-12; 1907063 bytes, sha256 a50f847b5814ce5e8bb2da3640a5e49e90c9d77c5617112ef0f5d7b35039c95e; 106 pages; this chapter PDF pages 49 to 52, printed pages 49 to 52) with the shared verbatim composer (v2 reflow): the rules (PDF pages 5 to 91, printed with the same numbers) composed as one text and cut at the sixteen chapter headings - “CHAPTER 1: GENERAL RULES” to “CHAPTER 16: JUVENILE DELINQUENCY RULES”, each matched once at a line start (a chapter may begin mid-page); the book's title line atop page 5 (“LOCAL RULES OF THE MODOC COUNTY SUPERIOR COURT”) set before Chapter 1 and in no card; Appendix A, the Appellate Division Local Rules (PDF pages 101 to 106), composed apart with the same settings and cut at its heading “APPENDIX “A””, the list of local forms above it on page 101 (Appendix B, a finding aid) set aside; the running header of every page (“Superior Court of the State of California” and “County of Modoc, Local Rules”, named) and the page number at its foot (“5”, named and a whole line in its band) removed as chrome - 261 chrome lines in the rules, 18 in the appendix; lines reflowed into the rules' paragraphs, each rule's number and title (“1.01 Citation of Rules:”), each lettered subdivision and numbered paragraph and each history line (“(Rule 1.01 adopted effective January 1, 2011.)”) starting a line and each chapter heading on a line of its own; the strike report (review/strike-report-2026-10-12.txt) finds no struck run on the book's 106 pages; no table on the rule pages (page 101's one table is Appendix B's list); 16 whitespace-only fixes (build/book-fixes.json: fourteen hyphenated words the text layer sets with the hyphen as a line of its own, rejoined as printed - “post-trial”, “pre-marked”, “3.1200-3.1207”, “non-appearance” (twice), “cross-complaint”, “self-represented”, “self-employed”, “non-custodial”, “non-English-speaking”, “follow-up”, “long-term”, “Court-sponsored” and “interest-bearing”; and in Appendix A two paragraphs of section I and the cover sheet's address block of section J, which the reflow joined, split); 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 (Rule 3.03(B)'s heading over its first paragraph, the headings and lists the false-break audit names); the book's own text kept as printed (Rule 5.02(A)'s fee schedule, its third item broken across two lines; the cross-references the review notes name; “12:00 AM (noon)” in Rule 3.03(C)); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The table of contents (PDF pages 1 to 4), the Subject Index (92 to 95), the Local Rules Index (96 to 100) and Appendix B (the list of local forms MOD-1 to MOD-15 on page 101) 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.