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Chapter 14 (Rules 14.1 to 14.13): filing criminal complaints - arraignment by a designated judge and assignment for all purposes, page limits, probation violation complaints (Rule 14.1); deadlines - in-custody complaints filed no later than 11:00 a.m. on the arraignment day, out-of-custody complaints no later than 4:00 p.m. five (5) court days before, probation reports (Rule 14.2); appearances - scheduling, continuances under Penal Code section 1050, the presence of the accused, appearance of counsel and remote appearances (Rule 14.3); motions - Penal Code sections 995 and 1538.5 motions noticed within ten (10) court days of arraignment, discovery, subpoenas duces tecum, release and bail motions, ex parte matters, orders shortening time, post-trial motions (Rule 14.4); the pre-trial conference calendar (Rule 14.5); the trial readiness calendar (Rule 14.6); the bond and bail schedule (Rule 14.8); search warrants (Rule 14.9); exhibit management (Rule 14.10); habeas (Rule 14.11); written plea forms for all misdemeanor and felony matters (Rule 14.12); and defendants' clothing, criminal protective orders and community service credit (Rule 14.13).
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
CHAPTER 14- CRIMINAL RULES RULE 14.1 - FILING OF CRIMINAL COMPLAINTS a) Calendaring: All matters will be heard for arraignment by a designated judge at which time the cases will be assigned to one Judge for all purposes. Assignment to a judge for all purposes means assignment for all proceedings in the matter from a continued arraignment on the complaint through trial and sentencing. The Presiding Judge or designee may assign and re-assign cases to other courtrooms. b) Page Limits: In-custody criminal complaints submitted to the court are limited in size to 25 pages per case, excluding supporting documents such as rap sheets and police reports in support of criminal protective order requests. c) Violation of Probation Complaints: i. Notification by Probation Officer: In all cases involving persons on probation, the Probation Officer shall promptly notify the Criminal Calendar Department responsible for monitoring that probationer of every violation of law (other than minor traffic offenses) that the Probation Officer reasonably believes the probationer has committed. ii. Where Probation Violations are Heard: Probation violation hearings in felony cases shall be held before the judge initially issuing the underlying order. Probation violation hearings in misdemeanor cases shall be held in a department designated by the Presiding Judge. (Adopted 1/1/23) RULE 14.2 - DEADLINES FOR FILING OR PLACING MATTERS ON CALENDAR a) Time for Filing Complaints: i. All misdemeanor and felony complaints received for in-custody arraignment shall be filed at the earliest possible time, but in no case after 11:00 a.m. on the day that the arraignment is scheduled. Example: If the arraignment is scheduled for 1:30 p.m. on a Thursday, the complaint must be filed by 11:00 a.m. that same day. ii. All misdemeanor and felony complaints received for out of custody arraignment shall be filed no later than 4:00 p.m. five (5) court days before the date of the arraignment, providing proof of notice has been filed with the court at least two (2) court days prior to the arraignment. Example: If the arraignment is scheduled for a Friday, the complaint must be filed by 4:00 p.m. on the preceding Wednesday. iii. Upon showing of good cause, a later time for filing may be authorized by the judge assigned to the arraignment. b) Delivery of Probation Department Reports: All Probation Department reports must be delivered to the requesting judge no later than noon of the court day preceding the hearing which gave rise to the need for the report. Any request seeking an extension of time in which to complete the report must be in writing and delivered in compliance with this rule. (Adopted 1/1/23) RULE 14.3 – APPEARANCES a) Scheduling Appearances: i. Scheduling Conflicts: Counsel must attempt to avoid scheduling conflicts and make every effort to avoid scheduling appearances in more than one district in the same morning or afternoon. ii. Punctuality: It is counsel’s responsibility to determine the time at which his or her presence is required in each courtroom. Counsel must appear punctually at that time, unless he or she has another scheduled appearance at the same time and the other matter has statutory priority. If counsel has conflicting appearances, counsel must contact the court that does not have statutory or rule priority at least one court day prior to the scheduled appearance and provide the location, the time and case name and number of the other appearance, and the time when counsel expects to be able to appear. iii. Pre-Hearing Communication Between Counsel (Meet and Confer): Counsel for the parties must meet and confer at least 14 days prior to each court appearance to discuss the exchange of discovery, proposals for early resolution, collateral consequences, mitigation materials, and any other issues that may impact case disposition. iv. Hearing Preparation: Counsel must use the periods between court hearings to communicate with their client(s), alleged victims, and witnesses about ongoing investigations and offer(s) for disposition. Counsel appearing on a Felony Pleas Calendar must be prepared to discuss any matter relating to case disposition, including readiness, witness availability, discovery matters, ongoing investigations, and any special issues for alleged victims or the accused. This requirement applies to counsel of record and to counsel making special appearances. No continuance will be granted on the basis that special appearance counsel is not prepared to discuss the case. b) Continuances and Postponements: Pursuant to Penal Code section 1050, criminal cases shall be set for trial and heard at the earliest possible time. No continuances will be granted solely based on the agreement of the parties. c) Presence of the Accused: i. Felony Cases: Except as provided in Penal Code section 977, subdivision (c), the accused must be personally present for the following proceedings unless they have, with leave or court, executed in open court, a written waiver of their right to be personally present: Arraignment, plea, preliminary hearing, those portions of the trial when evidence is taken before a trier of fact, sentencing, and all other proceedings as directed by the court. Consistent with Penal Code section 977 subdivision (c)(1), in felony cases, the court may permit the initial court appearance and arraignment of the accused held in custody, except those indicted by grand jury, to be conducted by two-way electronic audio video communication between the accused and the courtroom. The accused must be present each time his or her matter is called in court, including when matters are submitted, unless a written waiver is on file. Absent a written waiver of appearance, failure of the accused to appear will result in the issuance of a bench warrant. A written waiver of appearance will not relieve the accused from appearing in court if the accused has been specifically directed, by the court, to be personally present at any particular proceeding or portion thereof. ii. Misdemeanor Cases: In misdemeanor cases, the accused may appear in person, or by counsel, or, if permitted by the court, by two-way electronic audio video communication between the accused and the courtroom as permitted by Penal Code section 977, subdivisions (a) and (c). However, the accused must be present in court if specifically ordered as allowed by Penal Code section 977 or otherwise required by statute. In misdemeanor cases involving driving under the influence as specified in Penal Code section 977, subdivision (a)(3), the court may order the accused to be present for arraignment, at the time of plea, or at sentencing. In misdemeanor domestic violence cases as defined in Penal Code section 977, subdivision (a)(2), the accused must be present for arraignment and sentencing, and at any time during the proceedings when ordered by the Court for the purpose of being informed of the conditions of a protective order issued under to Penal Code section 136.2. d) Appearance of Counsel: i. Counsel of record must appear at all hearings, unless other counsel appears for them, or prior arrangements are made with the court. Counsel of record must ensure that attorneys appearing “specially” have sufficient knowledge of the case, the schedule of the attorney of record, and/or settlement authority to ensure that all court appearances are meaningful and productive. ii. Counsel must advise the court of any conflicting appearance in the court of another county before requesting or agreeing to any hearing date. Furthermore, counsel must not request or agree to any hearing date in another county that conflicts with a hearing date previously set by this court. e) Remote Appearances: i. Attorneys may appear remotely in proceedings in criminal cases if permitted by the judge presiding over the proceeding. Individual judges have the discretion to determine the scope of any approval they grant for remote attorney appearances (i.e., approval may be granted for an attorney to appear only for a specific hearing, for all attorneys to appear remotely on particular calendars, or otherwise). When seeking approval to appear remotely, attorneys should be prepared to advise if an attorney’s client — whether an accused, a witness, an alleged victim, or other individual — will appear personally in court for the proceeding. Approval for a remote appearance is unlikely to be granted if an attorney’s client will appear personally in court for the proceeding. ii. Definitions and Authorization: “Remote Appearances” refer to appearances made at a court hearing by remote technology by a party or attorney to a case. A remote appearance is the equivalent of an in-person appearance. Any actions occurring in that hearing are subject to all applicable rules, statues, and laws, including but not limited to, the law of contempt. Scheduling: Defendants and attorneys wishing to appear remotely may be required to file a request for remote appearance dependent on the hearing type. When remote appearances requiring judicial approval are granted, the Court will notify the attorney and/or defendant by scheduling the remote appearance. If denied, the attorney and/or defendant must personally appear. Attorneys, on behalf of their client, and self-represented defendants may request to appear remotely by filing Local Form SB-CR012-Request for Remote Appearance: Criminal) filed at least two (2) court days before the hearing. All defendants and attorneys in criminal cases will not be charged fees for remote appearances iii. Remote appearances not allowed: A. For Defendants for any matters where the personal presence of the defendant is required pursuant to Penal Code §977; nor is remote appearance allowed for Arraignments, collaborative court hearings and conferences (including but not limited to Mental Health Court, Adult Drug Court, Prop 36 Court, and Veteran’s Court); Court Trials; Jury Trials; matters involving issuance, modification, and reissuance of Criminal Protective Orders; Preliminary Hearings; Return on Warrant hearings; Sentencings; Surrender on warrant hearings; and, Violation of Probation hearings. B. For Attorneys for the following types of hearings: Contested violation of probation hearings; Court Trials; Jury Trials, Preliminary Hearings; and Pre-Trial status conferences for felony cases without a Pen. Code §977 appearance waiver on file, or in those cases where the court has ordered personal appearance notwithstanding a Pen. Code §977 waiver. C. Notwithstanding the above and Pen. Code §§ 865, 977, the court makes remote appearances available for Defendants located in a detention facility and subject to health-related quarantine. iv. Remote Appearance where No Judicial Approval Required: A. For Defendants: Probation transfer out motions. B. For Attorneys: Arraignments, Collaborative Court hearings and conferences, Law and Motion hearings; pretrial-status conferences; post-judgment proof hearings; probation transfer out motions; return on warrant hearings; Sentencings; surrender on warrant hearings; and violation of probation hearings. 1) Attorneys appearing on behalf of their client pursuant to Pen. Code §977 may schedule themselves for the appearance by submitting the request to the Court) at least two (2) court day before the hearing unless otherwise noted in these rules or on the Court’s website. For felony cases, the waiver of a defendant’s right to be physically or remotely present pursuant to Pen. Code §977 may be filed in writing or entered personally by the Defendant or by Defendant’s counsel of record. 2) Attorneys not appearing on behalf of their client pursuant to Pen. Code §977 and self-represented defendants must file (local form modeled after PL-CR012 as noted above) at least two (2) court days before the hearing to be scheduled for remote appearance. v. Remote Appearances by Non-Parties: Excluding Mental Health Court matters, any requests for witnesses to appear remotely must be made on the record with parties present. For Mental Health Court matters remote appearances are permitted for witnesses with judicial approval only. Attorneys and self-represented litigants must file (SB-CR012) at least two (2) court days before the hearing to request remote appearance for a witness. In order for the court to schedule a victim’s remote appearance, a victim advocate on behalf of the victim, the victim, or a victim’s family member must file (proposed local form as noted above) at least two (2) court days before the hearing date to be scheduled for remote appearance. Except for victims as described above, non- parties to a case are not permitted to appear remotely. Non-parties who file motions (e.g. motion to quash) in criminal actions may be permitted to appear remotely but must request a remote appearance. To do so non-parties must contact the clerk’s office for instructions on filing local form SB-CR012 vi. Document Submission and Copies: Attorneys and defendants who are granted remote appearance, and who want to submit documents for the hearing, must submit all documents at least two (2) court days prior to the scheduled court hearing. Any documents submitted to the court in advance of the court hearing must be served on the opposing party prior to the court hearing. Documents must be submitted to the court through the Court’s online portal. vii. Conduct of remote appearances: A. No proceeding may be photographed, recorded (audio or video), or re-broadcast by any person who is personally present, or who is appearing, participating, or observing remotely without prior written order of the court. (Cal. Rules of Court, rule 1.150, local rule 1.7.) B. A remote appearance is a court appearance and must be conducted consistently with Rule of Court 2.6. C. Attorneys must appear in professional business attire, and all other participants in appropriate clothing, from a quiet, stationary location with minimal background noise or visual distractions, an adequate Wi-Fi connection, and using working microphones and headphones/speakers. D. When both defense counsel and defendant are appearing remotely, counsel is strongly encouraged to be co-located at the same remote location as their client to facilitate communication. E. For purposes of this rule, a “participant” includes an accused, a party, an attorney, an alleged victim, or a witness. F. Unless approved by the court, participants must appear with their camera turned on. If a participant has security concerns about appearing on camera, this concern should be brought to the court’s attention before the hearing. Attorneys and participants will identify themselves by their correct legal name in the caption, they will not use alternate screen names or avatars. G. If a participant is able to appear only by telephone, that participant must identify themselves when requested by the court and thereafter when speaking during the hearing. Participants appearing by telephone may not place the Court on hold or use a speakerphone. Participants may turn off “caller ID” when appearing by telephone. H. All participants must ensure that there are no interruptions or distractions for the duration of their appearance at the hearing. No other individual (including a minor child or household pets) may appear with the participant or be heard during the hearing without prior court approval, other than when an attorney appears with their client from a common remote location. I. All participants must place their microphones on mute unless they are speaking. All participants must refrain from speaking unless addressed or otherwise allowed by the court. J. Individual judges have the discretion to allow remote observation by persons who are not participants and the authority to manage remote observation, including by requiring the identification of an observer and/or requiring observers to have their cameras turned on. (Eff. 1/1/23) (Rev. 7/1/24.) (Rev. 1/1/25) RULE 14.4 - MOTIONS a) Penal Code Sections 995 and 1538.5 Motions: Except for good cause shown, a Motion to Set Aside the Indictment or Information must be noticed within ten (10) court days of the date of arraignment. Except for good cause shown, a Motion to Suppress Evidence must be noticed: 1) within ten (10) court days of the date of arraignment on the information; 2) within ten (10) court days of the date of the first pre-trial hearing in a misdemeanor case where time is waived. The notice of a motion brought under Penal Code section 1538.5 must describe with particularity the evidence sought to be suppressed and must be served with a memorandum of points and authorities. b) Discovery: All parties shall comply with Penal Code sections 1054-1054.9. 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 before the hearing of any discovery motion in a good faith effort to resolve or narrow the disputes. Pursuant to Penal Code section 1054.7 discovery must be completed thirty (30) days before trial. c) Subpoenas Duces Tecum: All subpoenas duces tecum in criminal cases must comply with Penal Code section 1326 and Evidence Code section 1560, and when applicable Code of Civil Procedure section 1985.3, and must be returnable to the court. In the event materials that are the subject of a subpoena are received by a party, an attorney, or an attorney’s agent or investigator directly from the subpoenaed party, the person receiving such materials must immediately lodge such materials with the clerk of the court. The materials must not be opened, reviewed, or copied by the recipient without a prior court order. d) Motion to be Released O/R or for Bail Modification: When a motion for release on own recognizance or bail modification has been made to the Court, and granted in whole or in part, or granted conditionally or with limiting terms, and a subsequent motion is made by the same party in the same case for a similar order upon materially changed circumstances, the subsequent motion shall be accompanied by a disclosure that: i. A prior motion has been made; ii. When and to what Judge it was made; iii. What the nature of the motion was; iv. What order or decision was made thereon; and, v. What materially changed circumstances are claimed to be shown. Any order made on subsequent applications failing to comply with these requirements may be vacated or set aside on ex parte application or on the Court’s own motion at any time. e) Ex Parte Matters: i. Except as otherwise provided by law, for any application involving ex parte relief, including a request for an Order Shortening Time, advance notice must be given to opposing counsel, co- counsel and counsel for co-defendants. ii. Notice of intent to request an ex parte Order Shortening Time must be given to all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice. f) Orders Shortening Time: Counsel seeking an order shortening time must file an Application for an Order Shortening Time setting forth good cause, and facts concerning notice to, and the position of, opposing counsel and co-counsel. g) Post-Trial Motions: Post-trial motions, motions for new trial, and other matters related to contested cases must be set and heard in the department where the judge who heard the matter is currently sitting. The time and date of the hearing must be set only by that judge. If the original trial judge is retired or no longer available, the case will be assigned out for hearing by the Presiding Judge (Eff.1/1/23) (Rev. 7/1/24) RULE 14.5 - PRE-TRIAL CONFERENCE CALENDAR In order to reasonably predict the business of the court, anticipate assignments of judges, and to eliminate unnecessary inconvenience to parties, witnesses, and trial jurors, a pre-trial conference shall be held in every criminal case in which a trial by jury has been demanded. a) Procedures: The judge in each felony department, except the felony arraignment department, shall, at the time of arraignment and entry of plea, set the date for the pre-trial conference. b) Date Set for Pre-Trial: Once a case is set on the pre-trial conference calendar, it may not be changed without the approval of the judge before whom it is assigned. c) Failure to Appear at Pre-trial Conference: Any failure of an attorney to prepare for, appear at, or participate in, a pre-trial conference, unless good cause is shown for any such omission, is an unlawful interference with the proceedings of the court and may be punished as contempt. d) Trial Brief Requirement: In all criminal matters where the case does not settle at the pre-trial conference and the matter remains set for trial, a trial brief is required. Trial counsel shall file a brief no later than ten (10) days immediately preceding the trial date unless an earlier date is ordered by the court. The only exception to the timely filing of a trial brief is by authorization of the presiding judge, designee of the presiding judge, or the trial judge. The trial brief shall include the following: i. A brief factual statement of the case that can be read to the jury; ii. Proposed jury instructions; iii. All in limine motions along with supporting points and authorities; iv. Proposed voir dire questions that are being requested; v. A list of any witness problems that may interfere with the timely conduct of the trial; vi. Any other issues that will have to be dealt with by the trial judge; vii. Witness list; viii. Exhibit list; and, ix. Proposed verdict form. (Eff.1/1/23) (Revised Rev. and Renumbered 1/1/24) RULE 14.6 - TRIAL READINESS CALENDAR a) Readiness to Proceed: Counsel must be ready to proceed at the scheduled time. Conferences with the defendant, witnesses or other counsel must be held outside of court hours. The court may not be able to afford counsel time to confer prior to the hearing. b) Stand-in Counsel: Stand-In Counsel. Counsel actually engaged in trial, or in a preliminary hearing, must make arrangements to have other counsel appear specially for any matters that conflict with the trial or preliminary hearing. c) Date set for Trial- Jury Trials: When the parties announce they are ready for trial, the parties announce that: i. The respective attorneys are prepared to commence the trial immediately; ii. All pre-trial motions and discovery have been completed; iii. All witnesses are readily available and have been interviewed by the respective attorneys; and, iv. The attorneys’ calendars permit them to commence the trial immediately and see it to conclusion. d) Proposed Jury Questionnaires: If counsel elects to do so, counsel shall submit proposed jury questionnaires to the court no less than fifteen (15) court days in advance of the trial date. Upon receipt, the questionnaires shall not be officially filed by the clerk of the court, but shall be immediately forwarded by the clerk to the trial judge for review. Parties may only use written questionnaires, to be filled out by prospective jurors, upon a showing of good cause or in the interests of justice. If no proposed jury questionnaire is submitted pursuant to this rule, counsel will be deemed to have waived submission of proposed jury questionnaires. . Please see Local Rule 6.1(e) regarding excusing Law Enforcement Officers from Jury Selection pursuant to Code of Civil Procedure sections 219 and 219.5. Pursuant to these sections and the standing order of the court, Law Enforcement Officers are excused from jury service for both civil and criminal trials. Local Rule 6.1(e) provides the necessary procedure for Law Enforcement Officers to follow to be excused from jury service. e) Jury Instructions: i. Jury instructions shall comply with the California Rules of Court and, unless stipulated to the contrary by all parties and accepted by the trial judge, shall be CALCRIM instructions. ii. The parties shall provide their requested instructions, with one separate copy for the Court and one separate copy for each opposing counsel, on the morning of the first day of trial unless the trial judge has directed to the contrary. No instruction shall identify the party making the request. iii. Special instructions shall be accompanied by points and authorities separate from the proposed instruction. All blanks on form instructions shall be filled in so that the proposed instruction is complete. iv. Compliance with this request is without prejudice to later requests to add or withdraw proposed instructions. (Eff. 1/1/23) (Rev. 7/1/26) RULE 14.7- TRAFFIC (REPEALED, NUMBER RESERVED) (Repealed 7-1-24) (Eff. 1/1/26) RULE 14.8 - BOND AND BAIL SCHEDULE This rule sets forth a schedule and procedure for adoption of the local bail schedule pursuant to Penal Code section 1269b, subdivisions (c) and (d), and California Rules of Court, rule 4.102. This bail schedule will be used for setting bail at all times provided by law. a) The local bail schedule will be reviewed annually by the Presiding Judge. b) Copies of the local bail schedule shall be sent to the officer in charge of the county jail and of each city jail within the county, to each judicial officer of this court, to the Judicial Council and posted on the court’s public website. (Penal Code section 1269b, subd. (f); California Rules of Court, rule 4.102.) Bail shall be set according to the Uniform Bail Schedule established by the Judicial Council per California Rules of Court, rule 4.102 for those charges addressed in said schedule except when a judge determines in his or her discretion that factors in aggravation of mitigation justify a different amount in a specific case. (Eff. 1/1/23.) (Rev. 1/1/25) RULE 14.9 - SEARCH WARRANTS a) Warrant Requests: All requests for search or arrest warrants in all cases shall be submitted to the designated duty judge. b) Quash or Traverse Warrant: When an accused is seeking to quash or traverse a search warrant, a copy of the search warrant affidavit must be provided and attached to the moving papers. (Adopted Eff. 1/1/23.) (Rev. 1/1/25) Rule 14.10 - EXHIBIT MANAGEMENT a) Permission from the Judge assigned to the hearing or trial must be obtained before a party may bring dangerous, hazardous, large or bulky exhibits into the courthouse. If possible, the party should substitute a photograph, technical report, or dummy object for proposed exhibits which are either: i. Inherently dangerous, such as: (i) Firearms; (ii) Any type of explosive powder; (iii) Explosive chemicals, toluene, ethane; (iv) Explosive devices, such as grenades or pipe bombs; (v)) Flammable liquids such as gasoline, kerosene, lighter fluid, paint thinner, ethyl-ether; (vi) Canisters containing tear gas, mace; (vii) Rags which have been soaked with flammable liquids; (viii) Liquid drugs such as phencyclidine (PCP), methamphetamine, corrosive liquids, pyrrolidine, morpholine, or piperidine; (ix) Samples of any bodily fluids, liquid or dried; or (x) Controlled or toxic substances; (xi) Corrosive or radioactive substance. ii. Large and cumbersome, such as: a ladder, sewer pipe, or automobile chassis. b) If a party believes the exhibit should be brought into the courtroom without substitution, an application for permission must be made in writing and describe the materials to be brought into the courtroom and the reason a substitution should not be made. The option of viewing the materials at another location may be considered by the Court. c) Evidence received in any case shall be limited to those items required in the case and shall be retained by the Court for the minimum time required by law, unless good cause is shown to retain the evidence for a longer period of time. d) No exhibits shall be accepted by the Clerk or exhibits custodian unless: i. All containers of controlled substances are securely sealed and protected against breakage to safeguard Court personnel, so that the contents cannot be spilled, and odors cannot be emitted. ii. All containers of liquid substances, including bodily fluids, are securely sealed and protected against breakage to safeguard Court personnel, so personnel are not exposed to the contents and odors; iii. All objects containing bodily fluids or dangerous, controlled or toxic substances (e.g., bloody shirt, gasoline-soaked rag, etc.) are placed in containers that are securely sealed and protected against breakage so that odors cannot be emitted, and Court personnel are safeguarded; iv. All firearms are secured by a nylon tie or trigger guard and have been examined by the bailiff to determine that they have been rendered inoperable. v. All sharp objects, such as hypodermic needles, knives, and glass, are placed in containers that are securely sealed and protected against breakage, which will safeguard personnel; vi. All containers with liquid substances are clearly marked and identified as to type and amount; vii. All containers of controlled substances are clearly marked, identified, weighed, and sealed; viii. All cash is specifically identified, whether individually or packaged, as to the total amount and number of each denomination. e) All exhibits must be individually tagged with the proper exhibit tag, properly completed, and securely attached to the exhibit. Any exhibit improperly tagged, marked, weighed, or identified will not be accepted by the Court. Unless otherwise ordered, unidentified or improperly identified liquids, containers, controlled substances, or other suspect substances shall be returned to the party offering them. f) When a dangerous, large or bulky exhibit that has been marked and identified or received in evidence poses a security, storage or safety problem, on recommendation of the Clerk, the Court may order that all or a portion of it be returned to the party that offered it. In the case of exhibits offered by the prosecutor in a criminal case, the Court may order that the exhibits be returned to the law enforcement agency involved. The order shall require that a full and complete photographic record of the exhibit or the portion returned be substituted for the exhibit. The party who offered the exhibit shall provide the photographic record. The party or agency to whom the exhibit is returned shall be responsible for maintaining and preserving the exhibit until there is a final disposition of the action or proceeding. All exhibit tags and other identifying markings or information concerning each exhibit shall remain in place and shall not be disturbed. Each exhibit shall be maintained intact and in the same condition as during trial. In the event further proceedings of any Court having jurisdiction of the matter require the presence of the exhibit, the party or agency to whom it was returned shall promptly deliver the exhibit to the appropriate Court, with notice to all parties. (Eff. 1/1/23.) RULE 14.11 - HABEAS This rule applies only to petitioners currently in state custody (actual or constructive) because of a criminal prosecution or conviction. a) All petitions and proceedings for writ of habeas corpus must comply with the California Rules of Court, rule 4.550 et seq. and Penal Code section 1473 et seq. b) The presiding judge shall designate a single superior court judge to consider all petitions. c) A party seeking court review shall address the petition to the designated habeas judge. d) A party seeking to set a habeas matter on calendar shall address the request to the designated habeas judge. e) The court shall assign unique case numbers to all petitions for writs of habeas corpus. f) Appointed Counsel in habeas corpus matters filed under Penal Code section 1473, et seq., must meet the qualifications as set forth in California Rules of Court, rule 4.553. (Eff. 1/1/23) (Rev. 1/1/24) (Rev. 1/1/25) RULE 14.12 - WRITTEN PLEA FORMS Written plea forms are required for all misdemeanor and felony matters, except for probation violations where the form of plea is at the discretion of the Court. (Adopted 7/1/24) RULE 14.13 - GENERAL CONCERNS a) Defendant’s Clothing: The attorney representing a defendant in the custody of the Sheriff in a criminal matter shall make timely and appropriate arrangements to ensure that the defendant is suitably dressed for trial before the case is assigned to a trial department. b) Criminal Protective Orders: If a Criminal Protective Order is sought by the prosecution and granted by the Court, the prosecution’s attorney shall prepare the proposed criminal protective order. If a Criminal Protective Order is issued by the Court on the attorney for the prosecution shall prepare the proposed Criminal Protective order. c) Credit for Performance of Community Service: Penal Code section 1209.5 requires that trial courts set the hourly rate of community service credit to be double the minimum wage set for the applicable calendar year, based on the schedule as set forth in California Labor Code Section 1182.21. (Eff. 1/1/23) (Renumbered 7/1/24) (Rev. 1/1/25) (Rev. 1/1/26)
CHAPTER 14- CRIMINAL RULES RULE 14.1 - FILING OF CRIMINAL COMPLAINTS a) Calendaring: All matters will be heard for arraignment by a designated judge at which time the cases will be assigned to one Judge for all purposes. Assignment to a judge for all purposes means assignment for all proceedings in the matter from a continued arraignment on the complaint through trial and sentencing. The Presiding
Reviewer note: Composed 2026-10-07 (California T4 San Benito build 2026-10-07) from BenchPath custody ca/t4/ca-san-benito/docs/local-rules/2026-local-rules-superior-court-san-benito-county-redline.pdf (986264 bytes, sha256 9c4e7a2ba809147dfc1da20cd5cfa028e583a5b7f1d08927045c29d2bcf8dbc3; 98 pages; the rule body is pages 7 to 84, composed once and cut at the chapter headings) with the shared verbatim composer (v2 reflow). The running header (Superior Court of California, County of San Benito) and the page numbers removed as chrome; the cover, the table of contents, Appendix A (the list of rules with their dates of adoption or latest revision), Appendix B (the list of local forms) and the index belong to no card; the file's name says redline, but the strike report found no struck text and the book prints no coloured insertions; lines reflowed into the court's paragraphs, each rule heading and history note on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented layout fix (whitespace only, read on the page; the proofs hold): a wrapped form title joined (“Request for Remote Appearance: Criminal”). Review note: Rule 14.8 adopts the local bail schedule, reviewed annually by the Presiding Judge and posted on the website; the court posts its 2025 Felony and Misdemeanor Bail Schedule, held until its tables are composed (a review task). Published as printed: Rule 14.7 (Traffic) reads “(REPEALED, NUMBER RESERVED)” with the history “(Repealed 7-1-24) (Eff. 1/1/26)”.
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.