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Chapter 7 (Rules 7.01 to 7.05): counsel strongly encouraged to meet and discuss actions informally to resolve matters prior to the pretrial or settlement conference, the prosecuting agency to deliver any formal offer for resolution prior to the day of the conference, and defense counsel to have discussed the case and the offer with the defendant (7.01); defense counsel strongly encouraged to have the defendant present unless the Court has given prior approval for non-appearance, both sides fully prepared to discuss the facts of the case and the availability of witnesses, no continuance without actual good cause shown, and the Court prepared to accept dispositions and to set trial dates (7.02); the Court incorporates the requirements of Rule 4.111 of the California Rules of Court for pretrial motions, a motion whose moving papers are not timely filed may be deemed waived, motions to suppress under Penal Code §1538.5 in writing, scheduled on a regular motion date, to describe and list the evidence and state the theory relied upon, and motions to continue any hearing disfavored and denied without affirmative proof under Penal Code §1050, a stipulation or a substitution of counsel not by itself good cause (7.03); counsel to indicate a reasonable estimate of the length of the trial (7.04); and readiness/trial management conferences under Rule 4.112 of the California Rules of Court, all counsel to attend and be prepared to indicate whether they are ready to proceed to jury trial, the defendant present unless a waiver under Penal Code §977(b)(1) has been executed, and after the conference the Court not to accept, without good cause, any plea other than a guilty or no contest plea and admissions to all allegations (7.05).
California > Third Appellate District > Modoc County > Superior Court of California, County of Modoc
CHAPTER 7: MISDEMEANOR SETTLEMENT AND PRETRIAL PROCEEDINGS 7.01 Negotiations Prior to Pretrial or Settlement Conference: A. Meet and Confer. Counsel are strongly encouraged to meet and discuss actions informally in order to resolve matters prior to the pretrial or settlement conference. B. Prosecution Offers for Resolution. The prosecuting agency should deliver any formal offer for resolution to defense counsel prior to the day of the pretrial or settlement conference. C. Defense Preparation. Defense counsel should appear at the pretrial or settlement conference having already discussed the case, and the prosecuting agency’s offer, with the defendant. (Rule 7.01 adopted effective January 1, 2011.) 7.02 Pretrial or Settlement Conference: A. Presence of Defendant. Defense counsel are strongly encouraged to have the defendant(s) present at the pretrial or settlement conference unless the Court has given prior approval for non-appearance. B. Preparation and Continuances. At the pretrial or settlement conference, both sides must be fully prepared to discuss the facts of the case and the availability of witnesses for trial. The pretrial or settlement conference will not be continued without actual good cause shown. C. Dispositions and Trial Dates. The Court will be prepared at the pretrial or settlement conference to accept dispositions and to set trial dates. (Rule 7.02 adopted effective January 1, 2011.) 7.03 Pretrial Motions: A. Controlling Procedures. All procedures for pretrial motions that are imposed by California statutes and Rules of Court are controlling in this Court. The Court incorporates herein by this reference the requirements of Rule 4.111 of the California Rules of Court pertaining to the making and timing of pretrial motions and oppositions thereto. B. Effect of Failure to File Moving Papers. If the moving papers are not timely filed for the assigned hearing date, the motion may be deemed to have been waived by the moving party unless good cause is shown for the failure to file as required. C. Motions to Suppress Evidence (Penal Code §1538.5). In all pre-trial motions made pursuant to Penal Code §1538.5, the procedural guidelines contained therein must be followed. All such motions to suppress must be in writing, and must be scheduled on a regular motion date prior to trial. The notice of motion and motion shall specifically describe and list the evidence that is the subject of the motion to suppress, and shall state the theory or theories which will be relied upon, and state generally the legal authorities supporting the theory or theories upon which suppression of the evidence is sought. D. Motions for Continuance. Motions to continue any hearing, including trial, are disfavored and will be denied unless the moving party, pursuant to and in accordance with Penal Code §1050, presents affirmative proof that the ends of justice require a continuance. A stipulation by all parties to continue a hearing does not, by itself, constitute good cause. Substitution of counsel does not automatically constitute good cause for a continuance. (Rule 7.03 adopted effective January 1, 2011.) 7.04 Trial Settings: Estimates of Length of Jury Trial. At the pretrial or settlement conference or as soon thereafter as becomes apparent, counsel must indicate to the Court a reasonable estimate of the length of the trial. (Rule 7.04 adopted effective January 1, 2011.) 7.05 Readiness/Trial Management Conferences: A. General Requirements. The obligations of the parties and counsel in relation to readiness/trial management conferences are as set forth in Rule 4.112 of the California Rules of Court, incorporated herein by this reference. All counsel must attend the readiness/trial management conference, and counsel must be prepared at that time to indicate to the Court whether they are ready to proceed to jury trial. B. Appearance of Defendant. Defense counsel must ensure that the defendant is present at the readiness/trial management conference, unless the defendant has executed a waiver of appearance pursuant to Penal Code §977(b)(1). C. Dispositions. The Court will be prepared, at the readiness/trial management conference, to accept dispositions. D. Acceptance of Plea after Conference. Without a showing of good cause, the Court will not accept any plea by the defendant after the readiness/trial management conference other than a guilty or no contest plea and admissions to all allegations in the complaint or information. (Rule 7.05 adopted effective January 1, 2011.)
CHAPTER 7: MISDEMEANOR SETTLEMENT AND PRETRIAL PROCEEDINGS 7.01 Negotiations Prior to Pretrial or Settlement Conference: A. Meet and Confer. Counsel are strongly encouraged to meet and discuss actions informally in order to resolve matters prior to the pretrial or settlement conference. B. Prosecution Offers for Resolution. The prosecuting agency should deliver any formal offer for resolution to d
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 43 to 46, printed pages 43 to 46) 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.