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Rule 5 (Rules 5.1 to 5.7): the defendant expected to enter a plea at the first appearance for arraignment, entry of a plea will not constitute a waiver of the defendant’s right to demur (5.1); at the arraignment the court shall set the dates for the trial, a Readiness Conference no later than 21 days prior to the trial date, and the filing and service of motions, all pretrial motions set for hearing on or before the date set for the Readiness Conference (5.2); except for motions to be heard at a felony preliminary examination, moving papers with a Memorandum of Points and Authorities served and filed at least ten (10) court days before the hearing, opposing papers at least five (5) court days and reply papers at least two (2) court days prior, proof of service filed no later than five (5) court days prior (5.3(a)); the memorandum with a statement of the case or facts and page references, its absence may be deemed an abandonment of the motion, a copy of the current Complaint, Information or indictment attached for a Demurrer, Motion to Strike, or Motion to Dismiss (5.3(b)); a Penal Code section 1538.5 motion to be heard at the preliminary examination filed and served at least five (5) court days prior, the People may file and serve a response at least two (2) court days prior, other motions to suppress filed and served under this rule, each with an itemized list, the legal and factual basis and copies of the search warrant, affidavit and inventory (5.3(c)); discovery reciprocal under Penal Code section 1054 et seq., a standing order deemed made at arraignment, an informal request, in writing, required before a discovery motion, counsel to meet and confer in a good faith effort before the hearing of any discovery motion (5.4); Trial Readiness Conferences set no later than twenty-one (21) days prior to the first day of the jury trial, all parties to confirm to the court that all discovery has been provided, all substantive motions heard and subpoenas served, trial counsel and the defendant personally present, the prosecuting attorney with authority to dispose of the case, the list of witnesses, the list of exhibits and any in limine motions filed and served (5.5(a)); motions to continue jury trials disfavored and denied unless the moving party demonstrates good cause under Penal Code section 1050 (5.5(b)); CALCRIM instructions used whenever applicable, modified instructions to specify the respect in which they have been modified, other instructions to indicate their source or authority, trial counsel to submit proposed jury instructions in the format of rule 2.1055 with an index (5.6); and no misdemeanor case referred to the Plumas County Probation Department for a presentence investigation report unless it involves a sex offense or crime, domestic violence or child abuse, or the court determines good cause exists (5.7).
California > Third Appellate District > Plumas County > Superior Court of California, County of Plumas
RULE 5. CRIMINAL RULES 5.1 ARRAIGNMENT Unless otherwise ordered by the court, at the defendant’s first appearance for arraignment, defendant will be expected to enter a plea to the information, complaint or indictment. Entry of a plea will not constitute a waiver of the defendant’s right to demur to the accusatory pleading or otherwise attack it as provided by law. (Effective 7/1/03) 5.2 SETTINGS
Reviewer note: Composed 2026-10-12 (California T4 Plumas build 2026-10-12) from BenchPath custody ca/t4/ca-plumas/docs/local-rules/local-rules-2026.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF PLUMAS LOCAL RULES OF COURT Effective July 1, 2026”, as fetched 2026-10-12; 1224627 bytes, sha256 3c2cc28bf533a918211db4c6240c158fce01c5569c8c175b91dbd61eb2fa07f2; 100 pages; this rule PDF pages 43 to 47, printed pages 34 to 38) with the shared verbatim composer (v2 reflow): the rules (PDF pages 10 to 88, printed 1 to 79) composed as one text and cut at the twelve rule headings - “RULE OF COURT NO. 1 GENERAL RULES”, “RULE OF COURT NO. 2 CIVIL LAW AND MOTION MATTERS”, “RULE 3. CASE MANAGEMENT” to “RULE 12. MISCELLANEOUS” (“Rule 11. Unlawful Detainers” as printed), each matched once as a whole line, each rule beginning a page - and Appendix “B”, the Appellate Division Local Rules (PDF pages 96 to 100), composed apart; the running header of every page (“Superior Court of California, County of Plumas”) and its page number (“1”; “Appendix “B” - 1”), each named and a whole line in its band, removed as chrome - 158 and 10 chrome lines; lines reflowed into the rules' paragraphs, each rule's heading, each numbered sub-rule (“1.4 TIMELY APPEARANCE OF COUNSEL AND REQUIRED NOTIFICATION:”), each lettered or numbered subdivision starting a line, a line in capitals ending its paragraph, and each history line (“(Effective ...)”, “(Amended ...)”) on a line of its own; the strike report (review/strike-report-2026-10-12.txt) finds no struck run on the book's 100 pages; 20 whitespace-only fixes (build/book-fixes.json: five lines rejoined - the two-line headings of Rule 3.7 and Rule 8, Rule 3.7(f)'s line wrapped inside its paragraph, and Rule 4.3(1)'s run-in list and Rule 10.6(6)'s reference wrapped at “(3)” and “(e)”, which the reflow took for labels; fifteen lines set apart - a row of Rule 4.3(2)'s trial binder table, three of Rule 6.17(b)(4)'s bulleted issues, Rule 10.2's excepted case categories one a line, row by row, left to right, and a Rule 12.3 addressee's heading from the next address); 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 (the lines ending at the court's web address, the run-in bold headings of Rules 5.3(c)(4) and 6.15(a), Rule 12.3's “To:” labels, the binder rows' stray words, the inner labels of Rules 1.9(g) and 6.15(c), Rule 12.3's two “(a)”); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (2 to 9, printed i to viii), the index (89 to 94, printed A to F) and Appendix “A” (the Certification of Attorney Competency form, 95) 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.
RULE 5. CRIMINAL RULES 5.1 ARRAIGNMENT Unless otherwise ordered by the court, at the defendant’s first appearance for arraignment, defendant will be expected to enter a plea to the information, complaint or indictment. Entry of a plea will not constitute a waiver of the defendant’s right to demur to the accusatory pleading or otherwise attack it as provided by law. (Effective 7/1/03) 5.2 SETTINGS Unless otherwise ordered by the court, at the arraignment the court shall set the dates for: (a) the trial, giving priorities as required by law; (b) a Readiness Conference to be held no later than 21 days prior to the trial date; (c) the filing and service of motions and responses and any hearing thereon. All pretrial motions will be set for hearing on or before the date set for the Readiness Conference. (Effective 7/1/03) 5.3 PRETRIAL MOTIONS (a) TIME FOR FILING MOTIONS (CRIMINAL) Except for motions to be heard at a felony preliminary examination, and unless otherwise ordered or specifically provided by law, all moving papers in criminal cases shall include a Memorandum of Points and Authorities and shall be served and filed at least ten (10) court days before the date of the hearing. All papers opposing the motion shall be filed and served at least five (5) court days prior to the date of the hearing, and all reply papers shall be filed and served at least two (2) court days prior to the date of the hearing. Proof of Service of the moving papers shall be filed no later than five (5) court days prior to the date of the hearing. (b) MEMORANDUM OF POINTS AND AUTHORITIES (CRIMINAL). A Memorandum of Points and Authorities shall include a statement of the case and/or statement of facts setting for the factual and procedural matters relevant to the determination of the motion, and shall include page references to any transcript, declaration, or other document to be relied upon at the hearing. The memorandum must clearly specify the precise factual and legal issues raised in the motion and the specific legal theory relied upon in support of the motion. Absence of a Memorandum of Points and Authorities may be deemed an abandonment of the motion. No issues, factual or legal, other than those set forth in the Memorandum of Points and Authorities will be considered in the ruling on the motion unless it is demonstrated that the new issues were not reasonably discoverable before the motion was filed. A copy of the current Complaint, Information or indictment shall be attached to the Memorandum of Points and Authorities in support of a Demurrer, Motion to Strike, or Motion to Dismiss. Further, the Notice of Demurrer and Motion to Strike shall set forth, with specificity the count(s), enhancement(s), allegation(s), special circumstances, or other aspect of the pleading which defendant seeks to dismiss or strike. Should defendant seek to strike or dismiss the entire Complaint, Information, or Indictment, the notice shall so specify. (c) MOTIONS PURSUANT TO PENAL CODE SECTION 1538.5. (1) Time for Filing: Any Penal Code section 1538.5 motion brought to be heard at the time of the preliminary examination must be filed and served at least five (5) court days prior to the date of the preliminary examination. The People may file and serve a written response or opposition to the motion to suppress at least two (2) court days prior to the preliminary examination. (2) If, during the course of a preliminary examination, evidence demonstrating grounds for the suppression of evidence come to light, that defendant was reasonably previously unaware of, the court may grant a continuance to allow defendant to file a motion to suppress. (3) All other Motions to Suppress filed pursuant to Penal Code section 1538.5 not to be heard at the time of the preliminary examination shall be filed and served in compliance with this rule, or as designated by the judge. (4) A Memorandum of Points and Authorities must be included as required by paragraph (2) of subdivision (a) of Penal Code section 1538.5. 1. List of items to be suppressed or returned: The moving party shall include a complete itemized list of the specific items of property to be returned or evidence to be suppressed. 2. Specification of factual and legal basis for motion. The moving party must set forth the specific legal and factual basis for the relief requested within the included memorandum of points and authorities. 3. Copy of Search Warrant, Affidavit, and Inventory. If relevant to the motion, legible copies of the search warrant, affidavit in support of the warrant, and return and inventory shall be attached to the moving papers as an exhibit. 4. Failure to comply with the provisions of Penal Code section 1538.5 (a)(2) may constitute cause for denial of the motion. (Replaces Rule 5.3 Adopted 7/1/03 in its entirety, Effective 7/1/26) 5.4 CRIMINAL DISCOVERY Discovery in criminal actions is reciprocal in nature and is governed by Penal Code section 1054 et seq. There shall be a standing order in each criminal action requiring all parties and their attorneys to comply with Penal Code section 1054 et seq. The order is deemed to have been made and communicated to all counsel at the time of arraignment. Before a party may seek court enforcement of any of the disclosures required by law, the party shall make an informal request of opposing counsel for the desired materials and information in the manner required by Penal Code section 1054.5(b). Failure to make such request shall be grounds for denial of a discovery motion. Informal requests should be presented to opposing counsel in writing. Motions for discovery shall be focused upon specific items which remain in dispute after presentation of informal requests. “Boilerplate” discovery motions are disfavored. Counsel shall meet and confer in a good faith effort to resolve or narrow the disputed issues before the hearing of any discovery motion. (Effective 7/1/03) 5.5 TRIAL READINESS CONFERENCE. (a) Trial readiness conference in criminal matters shall be subject to the following requirements: (1) Trial Readiness Conferences shall be set no later than twenty-one (21) days prior to the date of the first day of the jury trial. (2) When declaring ready for trial, all parties shall confirm to the court that all discovery has been properly provided to opposing counsel, all substantive motions have been presented and heard by the court, subpoenas have been served on all necessary witnesses, and the matter is ready to proceed to trial. (3) Trial counsel must be personally present, and the prosecuting attorney must have authority to dispose of the case. The defendant must be personally present. (4) Trial counsel shall have filed and served on the opposing counsel all trial documents including: list of witnesses anticipated to be called at trial, list of exhibits to be produced at trial, and any in limine motions including points and authorities if necessary. (b) Motions to Continue Jury Trial. (1) Motions to continue jury trials in criminal matters are disfavored and shall be denied unless the moving party demonstrates through the existence of good cause that the interests of justice require the matter to be continued pursuant to Penal Code section 1050. (Replaces Rule 5.5 Effective 7/1/03 in its entirety, Effective 7/1/26) 5.6 PROPOSED PATTERN JURY INSTRUCTIONS In criminal jury trials, the instruction forms contained in the latest edition of the Judicial Council of California, Criminal Jury Instructions—Criminal (CALCRIM) —shall be used whenever applicable. Proposed pattern jury instructions that have been modified by a party shall specify in parentheses or other appropriate manner the respect in which the instructions have been modified. Any proposed instruction not taken from (CALCRIM) shall indicate the source or authority of the proposed instruction. (a) Trial counsel shall submit proposed jury instructions in the following format as specified in California Rules of Court, rule 2.1055. (1) Each proposed instruction must be on a separate page or pages; include the instruction number and title of instruction at the top of the first page of the instruction; and be prepared without any blank lines or unused bracketed portions, so that it can be read directly to the jury. CRC rule 2.1055(c)(1)-(3). (2) Proposed instructions must include an index as required by CRC rule 2.1055 (b) (1-3). (Effective 7/01/03, Amended 7/01/09, 7/1/26) 5.7 PRESENTENCE PROBATION INVESTIGATION/REPORTS FOR MISDEMEANOR MATTERS. No misdemeanor case shall be referred to the Plumas County Probation Department for a presentence investigation report unless the case and specific circumstances meet one or more of the following criteria: (a) The case involves a sex offense or crime. (b) The case involves domestic violence. (c) The case involves child abuse. (d) The court determines good cause exists for the referral. (Effective 7/1/26)
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.