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Chapter 7 (Rules 7.00 to 7.12): counsel and defendants representing themselves expected to know and follow these rules and the California Rules of Court, especially rule 10.950 et seq., sanctions similar to Rule 2.30 of the Rules of Court for failure to comply, “readiness conference” a conference to determine if the case is ready for trial, and the rules to apply to all criminal cases (7.00); negotiation at the earliest practicable stage encouraged, counsel to meet and confer informally, the prosecutor to provide the police reports with the information in Penal Code section 1054.1(b), (e) and (f) at least 24 hours prior to the first felony conference, the first felony conference prior to the preliminary hearing, counsel at the conference with the authority to dispose of the case, and no conditional plea to which the prosecutor does not agree after the trial readiness conference without Court approval (7.01); pre-trial motions under California Rules of Court, Rule 4.111, a request for an evidentiary hearing and the time estimate to specify on the first page of the notice of motion, ex parte applications in writing with an application, a declaration and a proposed order, a declaration regarding notice, service by personal delivery, electronic mail, or facsimile, applications resolved on the written submission, memoranda of points and authorities not to exceed twenty-five (25) pages and reply briefs ten (10) pages, and no surreply without prior authorization from the Court (7.02 to 7.02.2); motions under Penal Code Sections 995 and 1538.5 in writing with a concise statement of facts, transcript testimony by page and line number, a complete specification of the things sought to be suppressed or returned, and the defect in the Magistrate's order (7.03); a trial readiness conference attended by trial counsel, in limine or Evidence Code Section 402 motions filed and served at least two days prior to it, and charge bargained pleas presented at it (7.06); the appointment, compensation, and invoicing of conflict counsel, investigators, expert witnesses and paralegal services governed by the Court's appointed service provider policies and procedures document on the court website (7.07); no Trial de Novo after a Trial by Written Declaration under Government Code Section 68645.4, a meet and confer on pre-sentence custody credits before every sentencing, the prosecuting agency to file a Certification of Compliance with Marsy's Law on the LOCAL CL1 form with the initial complaint and an updated one within ten (10) days of a victim's new request, and brief preliminary evaluations of mental competency by a forensic psychiatrist in a signed written report (7.09.2 to 7.09.5); remote appearances by the instructions on the court website, the prosecution and defense to number all motions in limine, and felony matters after a holding order, felony sentencing and felony post-conviction proceedings in the Nevada City Branch assigned for all purposes to the judge whose regular assignment is in Department 4 (7.10 to 7.12).
CHAPTER 7 CRIMINAL LAW RULES RULE 7.00 GENERAL All counsel and defendants representing themselves in a criminal matter are expected to know and follow these rules as well as all applicable sections of the federal and California Constitutions, California codes and statutes, California Rules of Court, especially rule 10.950, et. seq., and Standards of Judicial Administration. Sanctions similar to Ru
Reviewer note: Composed 2026-10-11 (California T4 Nevada build 2026-10-11) from BenchPath custody ca/t4/ca-nevada/docs/local-rules/2026_nc_local-rules.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF NEVADA RULES OF COURT Effective: January 1, 1997 Updated: July 1, 2026”, as fetched 2026-10-11; 1570770 bytes, sha256 915a63e4216cda56b6e1d985033e57f948fa777fc300d12a4e0fd44fe34227a5; 139 pages; this chapter PDF pages 101 to 107, printed pages 86 to 92) with the shared verbatim composer (v2 reflow): the rules (PDF pages 16 to 124, printed 1 to 109) composed as one text, from “CHAPTER 1” to Rule 11.05, and cut at the eleven chapter headings, each matched once as a whole line (a chapter may begin mid-page); each page's printed page number at the bottom center removed as chrome (110 lines: the 109 page numbers and, in the same band of PDF page 124, a page reference of the index, which belongs to no card); lines reflowed into the rules' paragraphs, each rule's number set with its title as one line (“RULE 1.08 COURT REPORTERS”), each lettered or numbered subdivision and each “o” bullet starting a line, and each history note on a line of its own; the text after the “INDEX” line on PDF page 124 cut off; the strike report (review/strike-report-2026-10-11.txt) finds no struck run; 22 whitespace-only fixes (build/book-fixes.json: rule headings whose title the book prints on two or more lines under the rule number, each set as one heading line - Rules 1.10, 2.02, 4.00.5, 4.02, 4.05.3, 4.07, 5.03, 5.05.4, 5.09.1, 5.13.1, 6.01.6, 6.02.11, 6.04, 6.05.7, 6.06.1, 6.07.1, 6.08.2, 6.10, 8.04, 8.06, 10.00.4 and 11.04); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-11.txt) list candidates read one by one (build/book_fixes.py); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents (PDF pages 2 to 15), the index (PDF pages 124 to 133) and the appendices (PDF pages 134 to 139: Appendix I, the local forms lists; Appendix II, the standing orders list) belong to no card. Review note: Carried as printed: Rule 7.00's “both Sup and Truckee”. Rule 7.07's appointed service provider policies and procedures document is the Appointed Counsel and Expert Policy and Procedure, carded.
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.
California > Third Appellate District > Nevada County > Superior Court of California, County of Nevada
CHAPTER 7 CRIMINAL LAW RULES RULE 7.00 GENERAL All counsel and defendants representing themselves in a criminal matter are expected to know and follow these rules as well as all applicable sections of the federal and California Constitutions, California codes and statutes, California Rules of Court, especially rule 10.950, et. seq., and Standards of Judicial Administration. Sanctions similar to Rule 2.30 of the Rules of Court may be imposed for failure to comply with these rules, the Rules of Court or orders of the Court. These rules are intended to supplement the California Rules of Court and constitutional and Penal Code provisions except where a contrary intent is expressed herein. Rules 10.950-10.953 of the California Rules of Court are adopted herein and shall apply equally to all unified courts, except that the term "readiness conference" as used in the California Rules of Court shall mean "pretrial conference" when used in these local rules. As used in these rules, "readiness conference" means a conference to determine if the case is ready for trial. Unless ordered otherwise by the trial judge, these criminal court rules apply to all criminal cases in both Sup and Truckee. (Amended January 1, 2008.) RULE 7.01 EARLY CASE DISPOSITION (FELONY OR PRE-TRIAL) CONFERENCES A. Pursuant to the guidelines set forth in People v. West (1970) 3 Cal.3d 595 at pages 604-605, negotiation of criminal cases at the earliest practicable stage of the proceedings furthers a significant social policy and is to be encouraged. B. Counsel are strongly encouraged to meet and confer informally in an attempt to resolve cases at the earliest convenient time. C. The Court may decline to meet in any formal felony or pretrial conference with parties who have not attempted a resolution beforehand. D. Early resolution will be best promoted if parties comply with the discovery statutes as soon as possible following the entry of the initial plea in the case. The prosecutor is strongly encouraged to informally provide all police reports containing the information described in Penal Code section 1054.1(b), (e) and (f) in their possession at least 24 hours prior to the first scheduled felony conference. E. The first felony conference with the Court shall occur prior to the preliminary hearing. The first misdemeanor pre-trial conference shall occur on a date set by the Court. Upon a written request, the prosecutor is strongly encouraged to deliver to defense counsel or a defendant proceeding in pro per a formal offer for resolution prior to the conference. Defense counsel shall meet with their client before said conference and be prepared to discuss the offer to other possible disposition with the Court. Counsel appearing at the conference shall have the authority to dispose of the case. F. After a defendant is held to answer or an indictment is filed, early disposition shall again be attempted following compliance by all parties with discovery rules. Additional conferences may be set. G. Without Court approval beforehand, no defendant shall be permitted to enter a conditional plea (a plea which in any manner restricts the number of charges admitted and/or the sentencing choices of the Court) to which the prosecutor does not agree unless such plea is entered not later than the trial readiness conference; and except where alternative counts or counts subject to Penal Code Section 654 exist, plea agreements may not be accepted after the trial readiness conference. Misdemeanor matters are also subject to these early disposition guidelines where applicable under state law or local rules. A trial readiness conference shall be set prior to trial. (Amended July 1, 2024.) RULE 7.02 PRE-TRIAL MOTIONS EXCEPT CONTINUANCES OR DISCOVERY A. Generally, the provisions of California Rules of Court, Rule 4.111 shall apply to pre-trial motions in misdemeanors and felonies. B. In felony and misdemeanor motions involving an evidentiary hearing the moving party must specify on the first page of their notice of motion that an evidentiary hearing is requested and the estimate of time needed. Failure to comply with this rule may result in a denial of the right to present live testimony. C. Time limits for motions requesting live testimony are the same as set out in California Rules of Court, Rule 4.111(a). (Amended January 1, 2008.) RULE 7.02.1 EX PARTE APPLICATIONS IN CRIMINAL PROCEEDINGS A. Contents of application. A request for ex parte relief must be in writing and must include all of the following: (1) An application containing the case caption and stating the relief requested; (2) A declaration making a factual/legal showing for the relief requested and notice given; (3) A proposed order. B. Factual/Legal Showing Required. An applicant must make an affirmative factual and legal showing in a declaration containing competent testimony of the basis for granting relief ex parte. C. Notice Required. An ex parte application must be accompanied by a declaration regarding notice stating: (1) The notice given (including the date, time, manner, and name of the party informed), and whether opposition is expected; (2) That the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party; or (3) That, for reasons specified, the applicant should not be required to inform the opposing party. D. Service of papers. Parties must serve the ex parte application on all other parties by personal delivery, electronic mail, or facsimile, at the first reasonable opportunity, or must show cause why they should not be required to serve the opposing party. E. Hearing. Ordinarily, ex parte applications will be resolved based on the written submission(s) of the party / parties solely. A hearing will be conducted only upon request and with leave of the Court. F. Sealing. A party requesting that an application or order be filed under seal must comply with the requirements of California Rules of Court, Rules 2.550 and 2.551. (Effective July 1, 2017.) RULE 7.02.2 PLEADINGS AND FILING OF DOCUMENTS A. Length of Motions. Memoranda of points and authorities submitted in support of or opposition to a motion must not exceed twenty-five (25) pages, unless a party seeks, and the Court grants, an order authorizing a brief of greater length. A reply brief must not exceed ten (10) pages without authorization of the Court. No other briefs are allowed absent leave of the Court. Any stricter (lesser number of pages allowed) rule set forth in the California Rules of Court shall take precedence over this Local Rule. B. Non-compliant memoranda. If a memorandum does not comply with the prescribed length requirements and the party fails to seek authorization from the Court, the reviewing clerk will return it to the party with a notice regarding non-compliance. If a non-compliant memorandum is filed by the clerk in error, the Court may, on its own or a party’s motion, with or without notice, do any of the following: 1. Strike all or part of the filing with or without leave to file a new memorandum within a specified time; or 2. Disregard the noncompliance. C. Unless Otherwise Authorized by the Court. Unless otherwise provided for by law, or as may be ordered or authorized by the Court, filings in response to a motion shall be limited to: (1) an opposition and any documents filed in support thereof; and (2) a reply thereto and any documents filed in support thereof. If a party seeks to file a surreply or other supplemental legal points and authorities in support of a motion, they must seek and receive prior authorization from the Court. (Effective July 1, 2024.) RULE 7.03 MOTIONS UNDER PENAL CODE SECTIONS 995 AND 1538.5 A. In addition to the requirements of Local Rule 7.02, moving papers relating to motions under Penal Code Sections 995 and 1538.5 shall be in writing and shall include: 1. A concise statement of all alleged facts upon which the moving party intends to rely in support of the motion. Said statement shall include, if relevant, facts allegedly asserting the moving party’s standing to bring the motion. In the case of a motion to suppress evidence, a specific statement of the factual and legal basis of the motion is required in the first instance, subject to the requirements of People v. Williams; 2. Where the moving party intends to rely upon some testimony in a transcript of prior proceedings, reference to such testimony identified as to page and line number in the transcript; 3. Where the motion is under Penal Code Section 1538.5, a complete specification of the exact matters or things sought to be suppressed or returned. ("All evidence seized . . ." without listing the items is not a specification.); and 4. Where the motion is under Penal Code Section 995, a specific identification of the defect argued to be in the Magistrate’s order. B. A moving party’s failure to set forth each and every ground to be relied upon in support of the motion in the memorandum of points and authorities may be construed by the Court as an admission that insufficient facts exist to support said ground and a waiver of the right to assert said ground at the hearing unless the Court, for good cause shown, rules otherwise. (Amended July 1, 2014.) RULE 7.04 REPEALED (Repealed July 1, 2025.) RULE 7.05 REPEALED (Repealed July 1, 2025.) RULE 7.06 READINESS CONFERENCE A. A trial readiness conference shall be held prior to trial and shall be attended by trial counsel, including a pro per defendant. B. In limine or Evidence Code Section 402 motions shall be filed and served on opposing counsel at least two days prior to the Trial Readiness Conference. Any written oppositions to said motions shall be filed and served on opposing counsel at the Trial Readiness Conference. C. Charge bargained pleas may be presented at the readiness conference. No such plea needs thereafter be entertained by the Court. If a defendant desires to waive a jury trial, counsel is encouraged to make a reasonable effort to advise the Court by the readiness conference. (Amended July 1, 2026.) RULE 7.07 APPOINTMENT AND COMPENSATION OF COUNSEL, INVESTIGATORS, EXPERT WITNESSES, PARALEGAL SERVICES, ETC. Appointment, compensation, and invoicing of conflict counsel, investigators, expert witnesses, paralegal services, etc. shall be governed by the Court’s appointed service provider policies and procedures document, which shall be updated at the Court’s discretion. This document can be found on the court website. (Amended July 1, 2024.) RULE 7.08 (REPEALED) (Repealed July 1, 2024.) RULE 7.09 MISCELLANEOUS RULES (Effective January 1, 1997.) RULE 7.09.1 (REPEALED) (Repealed July 1, 2025.) RULE 7.09.2 REQUEST FOR NEW TRIAL (TRIAL DE NOVO) Pursuant to Government Code Section 68645.4, Trial de Novo is not available after a Trial by Written Declaration (Amended July 1, 2026.) RULE 7.09.3 MEET AND CONFER PRE-SENTENCE CUSTODY CREDITS Prosecution counsel and defense counsel shall meet and confer before every sentencing in an attempt to resolve the issue of pre-sentence custody credits. (Effective January 1, 2000.) RULE 7.09.4 NOTIFICATION TO AND CONSULTATION WITH ALLEGED VICTIMS IN CRIMINAL MATTERS A. In order to carry out the rights of victims to justice and due process, as set out in Article I, Section 28 of the California Constitution and Penal Code Section 679.026 (“Marsy’s Law”), the prosecuting agency is obligated to notify victims of their rights at the earliest point in the criminal proceedings and the Court is obligated to ensure the enforcement of victims’ rights. To this end, it is necessary to implement a local rule that informs the Court whether victims have been notified of their rights and whether they have requested to participate in court proceedings. B. In every pending criminal case, the prosecuting agency shall file with the initial complaint or as soon thereafter as practically possible, a Certification of Compliance with Marsy’s Law utilizing the LOCAL CL1 form appended to these rules. If a victim later asserts a right to notification not previously asserted, the prosecuting attorney shall file an updated Certification of Compliance within ten (10) days of the victim’s new request for notification. C. In the event a victim retains private counsel in any criminal case, the victim’s private attorney, instead of the prosecuting attorney, shall prepare and file the Certification of Compliance for all activities occurring after private counsel’s retention. (Amended July 1, 2010.) RULE 7.09.5 BRIEF PRELIMINARY EVALUATIONS OF THE MENTAL COMPETENCY OF A CRIMINAL DEFENDANT A. Brief Preliminary Evaluation Reports. A brief preliminary evaluation of the mental competency of a criminal defendant may be conducted by a forensic psychiatrist. The evaluation shall be memorialized in a written report, which shall be submitted to the mental health court in which the defendant’s competency case is pending. The report shall specify the defendant’s name, the date of the evaluation, and the case number or numbers. The report shall also specify the reasons for the psychiatrist’s opinion as to the defendant’s competence, including observed symptoms, and the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder. If the psychiatrist opines that the defendant is not competent to stand trial, the report shall address the issues regarding antipsychotic medication as specified in Penal Code Section 1369(a). The report shall be signed by the psychiatrist. B. Application. This local rule is intended to comply with Rule 4.130(a)(3) of the California Rules of Court, so that Brief Preliminary Evaluation Reports prepared in accordance with this rule need not comply with Rule 4.130(d)(2). (Effective January 1, 2019.) RULE 7.10 REMOTE APPEARANCES In criminal matters where the Court has previously authorized remote appearances, parties and attorneys must follow the instructions available on the court website to obtain remote access. (Amended July 1, 2025.) RULE 7.11 CRIMINAL MOTIONS IN LIMINE Both the Prosecution and the Defense are required to number all motions in limine. (Effective July 1, 2022.) RULE 7.12 ASSIGNMENT OF ACTIONS A. All felony criminal matters related to a felony information (following a holding order), or felony sentencing (following a conviction by plea in Departments 1 or 2), or to felony post-conviction proceedings (including violations of parole, PRCS, or probation, and extraordinary writs), that are filed in, pending in or transferred to the Nevada City Branch, are assigned for all purposes to the judge whose regular assignment is in Department 4. B. Reassignment. These cases and related proceedings may be reassigned as necessary, or as appropriate to the timely and orderly conduct of the Court’s business. (Effective July 1, 2022.)
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.