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Chapter 6 (Rules 6.01 to 6.05): the filing agency to submit two copies of the charging document for each defendant, complaints charging in-custody defendants filed no later than one (1) hour before the defendant's first appearance and out-of-custody defendants no later than two (2) days before it (6.01); out-of-court requests for the increase or reduction of bail made, if practicable, to the judge who set such bail, a person requesting a reduction or increase to disclose all prior applications, no defense application for bail or O.R. considered unless the District Attorney has been given adequate notice, and on a Source of Bail Order under Penal Code §1275 a declaration or offer of proof filed and personally served on the District Attorney no later than twenty-four (24) hours before the hearing, the defendant to produce the bail agent, the person proposing to pay the premium and the person proposing to provide the security if so directed (6.02); requests for arrest warrants and search warrants first presented to the District Attorney or Attorney General for approval in writing, and search warrant returns presented to the Clerk (6.03); a Public Defender present for all in-custody arraignment calendars whenever available, a continuance to obtain private counsel generally not beyond fourteen (14) calendar days, the Court to schedule misdemeanor and felony cases not resolved at arraignment for a pretrial or settlement conference approximately two (2) weeks after the arraignment, the defendant personally present at the felony plea/disposition conference unless excused in advance, a preliminary examination set within two (2) weeks if no conference is set, and the case assigned for all purposes to the bench officer presiding over the arraignment (6.04); and leave of court required for filing an amended Complaint or Information after a plea (Penal Code §1009), the amended pleading lodged, the Clerk to mark it “received”, the Court to determine any objection at the next calendared hearing or the party to place the matter on calendar by filing a noticed motion, and the party lodging it to serve a copy immediately on all other counsel or parties (6.05).
California > Third Appellate District > Modoc County > Superior Court of California, County of Modoc
CHAPTER 6: FILING CRIMINAL COMPLAINTS AND CITATIONS; BAIL; ARRAIGNMENT; WARRANTS; AMENDMENTS TO COMPLAINTS AND INFORMATIONS 6.01 Filing Criminal Complaints and Citations: A. Number of Copies of Charging Document. At the time a criminal charging document is filed, the filing agency must submit two copies of the charging document for each defendant named therein. B. Time of Filing: In-Custody Defendants. All criminal complaints charging in-custody defendants must be filed with the Clerk of the Court at the earliest time possible, in no case later than one (1) hour before the time of the defendant's first appearance on those charges. C. Time of Filing: Out-of-Custody Defendants. All criminal complaints charging out-of-custody defendants shall be filed with the Clerk of the Court no later than two (2) days before the time of the defendant's first appearance on those charges. (Rule 6.01 adopted effective January 1, 2011.) 6.02 Bail and "O.R." Procedures: A. General Provisions. The following provisions apply to all proceedings in which bail is requested or has been set: 1. Out-of-Court Requests for Increase or Reduction. When a judge outside of court has set bail, then any further out-of-court requests for the increase or reduction of bail must be made, if practicable, to the judge who set such bail. 2. Disclosure of Prior Requests. Any person requesting a bail reduction or bail increase must disclose all prior such applications that have been made in the pending matter. 3. Requests for Bail or Release on Own Recognizance. No defense applications for bail or release on one’s own recognizance, (O.R.), will be considered unless the Office of the District Attorney has been given adequate notice of the request, so that a representative of the District Attorney has the opportunity be present at the time the request is presented. B. Source of Bail Pursuant to P.C. Section 1275. When a Source of Bail Order pursuant to Penal Code §1275 has been issued, the defendant, in order to show that no portion of the consideration, pledge, security, deposit, or indemnification which is paid, given, made, or promised for its execution was feloniously obtained, must utilize the following procedures to calendar the matter for hearing: 1. Declaration or Offer of Proof. The request for hearing must be accompanied by a declaration or offer of proof setting forth the following: a. The identity of the bail agent and surety, or, if there is no surety, the depositor; b. The source of the bond premium, including name and address of any person proposing to pay said premium; and c. The source of the security or pledge, including the name and address of the owner, and description of the property. 2. Filing and Service of Declaration. The declaration or offer of proof must be filed with the Clerk and must be personally served on the Office of the District Attorney no later than twenty-four (24) hours before the hearing. 3. Hearing. At the hearing, the defendant must produce the bail agent, the person proposing to pay the premium, and the person proposing to provide the security, for examination and cross-examination, if so directed by the Court. (Rule 6.02 amended effective January 1, 2015; adopted effective January 1, 2011.) 6.03 Arrest Warrants and Search Warrants: A. Issuance Procedures. All requests for arrest warrants and search warrants must first be presented to the District Attorney or Attorney General, as appropriate, for review and approval before delivery to the Court. Approval by the District Attorney or Attorney General must be in writing. All supporting declarations for arrest warrants must be fully dated and executed before submission to a judge. B. Return Procedures. Search warrant returns are to be presented to the Clerk of the Court, who is authorized to receive and execute the return for the Court. (Penal Code §1534(c).) (Rule 6.03 adopted effective January 1, 2011.) 6.04 Arraignment: A. Appearance of Public Defender at Arraignment. The Public Defender will be notified of all pending in-custody arraignments, and a Public Defender must be present for all in-custody arraignment calendars, whenever available, to undertake representation of defendants for whom the Public Defender may be appointed as counsel. B. Continuance to Obtain Counsel. In cases in which a defendant appears at arraignment without counsel and advises the Court that he or she is in the process of hiring or attempting to hire private counsel, the case may be continued for appearance of counsel and initial plea. The continuance will generally not extend beyond fourteen (14) calendar days from the date of first appearance, absent a showing of good cause for a later appearance. C. Further Calendaring in Misdemeanor Matters. As a general case-handling guideline, the Court will schedule misdemeanor cases not resolved at arraignment for a settlement/pretrial conference to be conducted approximately two (2) weeks after the arraignment. D. Further Calendaring in Felony Matters. As a general case-handling guideline, the Court will schedule felony cases not resolved at arraignment for a pretrial or settlement conference to be conducted approximately two (2) weeks after the arraignment (unless time is not waived). The defendant must be personally present at the felony plea/disposition conference, unless excused by the Court, in advance, on good cause shown. If no pretrial or settlement conference is set, a preliminary examination will be set within two (2) weeks after the arraignment, unless the Court requires a later setting. E. Assignment for All Purposes. Unless otherwise stated by the Court at the time of the arraignment in all criminal matters, the case is deemed assigned for all purposes to the bench officer presiding over the arraignment. (Rule 6.04 adopted effective January 1, 2011.) 6.05 Amendments to Complaints and Informations: A. Filing and Hearing Requirements. If the defendant has already entered a plea, leave of court is required for filing of an amended Complaint or Information. (Penal Code §1009.) If a party wishes to file an amended pleading, and leave of court is required but has not yet been obtained, the amended pleading may be lodged with the Court. The Clerk will mark it “received”, and at the next calendared hearing the Court will determine if there is objection to the amended pleading, and will permit counsel, or a party appearing in propria persona, to present argument in support or opposition. If the matter is not already on calendar for some purpose within a reasonable time after the amended pleading is lodged, then the party requesting leave to file the amended pleading must place the matter on calendar by filing a noticed motion in accordance with Local Rule 13.03. B. Service Requirements. At the time the amended pleading is lodged with the Court, the party lodging the pleading must immediately serve a copy on all other counsel, or parties appearing in propria persona. (Rule 6.05 adopted effective January 1, 2011.)
CHAPTER 6: FILING CRIMINAL COMPLAINTS AND CITATIONS; BAIL; ARRAIGNMENT; WARRANTS; AMENDMENTS TO COMPLAINTS AND INFORMATIONS 6.01 Filing Criminal Complaints and Citations: A. Number of Copies of Charging Document. At the time a criminal charging document is filed, the filing agency must submit two copies of the charging document for each defendant named therein. B. Time of Filing: In-Custody Defend
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 40 to 43, printed pages 40 to 43) 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. Review note: Rule 6.05(A) has the party place the amended pleading on calendar “by filing a noticed motion in accordance with Local Rule 13.03”; Rule 13.03 is the family law discovery rule (the criminal pretrial motion rule is Rule 12.03).
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.