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Chapter 13 (Criminal Rules; rules 1300–1330): the California Rules of Court as supplemented by the local rules; where felony, misdemeanor and infraction matters are filed and heard; the priority of protective orders and their modification (Rule 1311); P. C. 995 motions (Rule 1320); transfer of cases (Rule 1322); and remote video arraignments, trials and related proceedings in traffic infraction cases (Rule 1330).
California > Fourth Appellate District > San Bernardino County > Superior Court of California, County of San Bernardino
CHAPTER 13 CRIMINAL RULES RULE 1300 California Rules of Court shall apply as supplemented by the following local rules. (Eff. July 1, 1998.) RULE 1301 Felony, misdemeanor and infraction matters shall be filed and heard pursuant to Rule 131. (Eff. July 1, 1998. As amended, eff. January 1, 2017.) RULE 1311 PRIORITY OF PROTECTIVE ORDERS AND MODIFICATION (a) This Rule sets forth the court communication protocol for Domestic Violence and Child Custody Orders as required by California Rules of Court, Rule 5.445. The purpose of this Rule is to avoid conflicting orders whenever possible, and to permit appropriate visitation between a restrained person and his or her child while providing for the safety of all victims and witnesses and the proper consideration of the best interests of the child. (b) Pursuant to Penal Code, section 136.2(c) and (e) and Family Code, sections 6383(h)(2) and 6405(b), Criminal Protective Orders take precedence over all other protective orders issued by the Civil, Family, Juvenile and Probate Courts, unless an emergency protective order issued by another court, or a no-contact order under Family Code, section 6320, sets forth more restrictive terms against a restrained party. (c) When the Criminal Court issues a Criminal Protective Order: (1) The Criminal Court shall determine whether there are any minor children of the relationship between the defendant/restrained person and the victim/protected person, and whether there are any court orders for custody/visitation for those minor children. (2) If there are minor children, the Criminal Court shall consider whether peaceful contact with the victim/protected person should be allowed for the purpose of allowing defendant/restrained person to visit the minor children. Peaceful contact with the minor children and victim/protected person shall be permitted under any Criminal Protective Order for the purpose of attending court-ordered mediation and/or Family Court hearings. (3) The Criminal Court shall also determine whether there are any existing orders involving the defendant/restrained person, the victim/protected person, and/or the minor children. The court shall examine available databases for existing orders before issuing a permanent Criminal Protective Order. (4) If the Criminal Protective Order includes minor children as named protected parties, the order may be made explicitly subject to modification by a judge of the Civil, Family, Juvenile, or Probate Court. If this qualifying clause is not included in the Criminal Protective Order, the order may not be modified without notification and consent of the Department of the court assigned to the criminal case. It is the policy of the Superior Court of San Bernardino County that the Juvenile Court is best equipped to determine the best interests of any minor children, and the criminal court shall give due consideration to making the criminal court order expressly subject to modification by the Juvenile Court whenever a Juvenile Court case is pending or is likely to be initiated. (5) When the Criminal Court issues a Criminal Protective Order that lists the defendant/restrained person’s minor child or children as protected persons, the Criminal Court shall transmit a copy of the order to any Civil, Family, Juvenile, or Probate Court in which a matter concerning the defendant and the protected minor or minors is pending. (d) When a Criminal Protective Order exists and a judicial officer in another court has a case in which he or she determines that it is appropriate to permit visitation different than that provided for in the Criminal Protective Order and that order has not been made expressly subject to modification by the court desiring a modification of the order: (1) The Judicial Assistant for the judicial officer requesting modification of the Criminal Protective Order shall contact the court clerk for the Criminal Court to inform the Criminal Court that a modification is requested and shall inform the court clerk for Criminal Court of all pertinent information, including the terms of the proposed modification and the identity of all parties to the action over which the judge requesting a modification has jurisdiction. (2) The Criminal Court shall set a hearing date on the request for a modification for no later than 30 calendar days after the receipt of the request for modification, or as soon thereafter as the court’s calendar allows, and shall provide notification in writing to all parties to both the criminal case and the matter in which the modification request was made. Such notice shall inform all parties of the modification request, the terms of the proposed modification and the hearing date, and shall specifically indicate that a request for modification has been made pursuant to this Rule. (3) Any written opposition to the modification request shall be filed no later than 9 court days prior to the hearing and shall be served in the manner provided for the filing of oppositions in Chapter 5 of Title 14 of Part 2 of the Code of Civil Procedure. Any reply to any opposition shall be served and filed in the manner allowed by the Code. (4) The hearing date on the proposed modification shall not be continued except on a showing of good cause. (5) After hearing, and after consideration of the proposed modification and all arguments in favor and in opposition to the proposed modification, the Criminal Court shall, in its discretion, modify the Criminal Protective Order as requested, or make such other modifications to the Criminal Protective Order as the court deems appropriate, or decline to modify the Criminal Protective Order, stating the reasons for the court’s decision to accept, modify or reject the proposed modification on the record. (6) The Criminal Court shall transmit a copy of its order on the proposed modification to the court making the request for modification. (e) For the purposes of this Rule: (1) “Criminal Court” means a Department of this Court assigned to a criminal case. (2) “Civil Court” means a Department of this Court assigned to a civil case. (3) “Juvenile Court” means a Department of this Court assigned to juvenile cases. (4) “Family Court” means a Department of this Court assigned to family cases. (5) “Probate Court” means a Department of this Court assigned to probate cases. (6) A “Criminal Protective Order” is a restraining order or protective order against the defendant in a criminal case issued by a criminal court as a term of probation, bail release or own recognizance release prohibiting the defendant from communicating or contacting any specified person, category of persons or a specified witness or victim. (Eff., July 1, 2003. Amended, eff. January 1, 2008, and July 1, 2013. As amended, eff. January 1, 2017.) RULE 1320 P. C. 995 MOTIONS P.C. 995 motions shall be heard in the department scheduled to hear the trial on the case. However, if the trial Court was the committing magistrate, then the motion shall be heard by another judicial officer. If the motion is denied on its merits, the case shall be assigned back to the original judicial officer. Moving papers filed in support of P.C. 995 motions must include the following: (a) A brief statement in summary form of the facts as set forth in the transcript. (b) A statement of the issues, specifically identifying in what regard the People's case is defective. (c) Where defendant intends to rely upon some testimony in the transcript, the moving papers shall contain references to such testimony identified as to page and line number of the transcript. (d) A statement of the authorities upon which defendant relies with explanation as to why they are applicable. (Mere citation of sections in the California Penal Code and the U.S. Constitution shall not be sufficient.) (Former Rule 455, eff. May 27, 1982. Renumbered as Rule 1320 and amended, eff. July 1, 1998. Amended, eff. January 1, 2008. As amended, eff. January 1, 2017.) RULE 1322 TRANSFER OF CASES Probation Revocation: 1. If a defendant has an active, pending case in any Superior Court District, then any revocation of probation case shall be transferred to that District. 2. Supervising Criminal Judges of the respective Districts may transfer cases between them. Notwithstanding Rule 1301, in situations where a defendant has multiple criminal cases, the Court should have all of a defendant’s open cases heard in a single primary courtroom. An open case is one in which the defendant has charges pending, is currently on probation (either formal or informal) or has outstanding fines, fees or restitution. In deciding which court will be the primary court for purposes of resolving all of the defendant’s cases, open cases shall be ranked as follows: 1. New case with felony charges pending 2. Felony probation case 3. New case with misdemeanor charges pending 4. Misdemeanor probation case 5. Cases with only outstanding money balances The court with the highest ranking case shall be the primary department in resolving all of a defendant’s open cases. If a defendant has two new cases with charges pending, the court that has the case with the highest potential exposure, including all enhancements and special allegations, is the primary court. The primary court has the authority to order all of the defendant’s open cases transferred to it without the necessity of contacting the supervising judge of the district from which the case(s) are being ordered. The primary court is responsible for determining whether the secondary cases have any time problems. After transferring secondary cases to itself the primary court is responsible for resolution of those cases and cannot send them back without authorization of the supervising judge of the original district. The judge of the primary court is to contact the judge in the other district to whom the case is assigned to arrange for transferring the secondary case to the primary court. If the judges cannot agree on a course of action, then the supervising judges of the districts will determine whether a transfer should occur. (Eff. July 1, 1998. Amended, eff. January 1, 2009.) RULE 1330 REMOTE VIDEO ARRAIGNMENTS, TRIALS AND RELATED PROCEEDINGS IN TRAFFIC INFRACTION CASES (a) Pursuant to California Rules of Court, rule 4.220(a), the Court permits traffic infraction arraignments, trials and related proceedings to be conducted by two-way remote video communications. (b) The following are designated as locations where eligible defendants may appear for remote video traffic infraction arraignments, trials and related proceedings: (1) Needles; and (2) Big Bear. Additional locations may be designated by Order of the Presiding Judge. (c) To be eligible to appear for remote video arraignment, trial or related proceedings: (1) The citation issued must be for an infraction as defined in California Rules of Court, rule 4.220(b)(1); and (2) Defendant must comply with California Rules of Court, rule 4.220. (d) Pursuant to California Rules of Court, rule 4.220(g), defendant’s witnesses shall appear at the remote location with the defendant. (e) Defendant must submit form TR-505 or TR-510 to the Court for filing. The forms may be mailed to or submitted in person at: Superior Court of California County of San Bernardino 235 East Mountain View Street Barstow, CA 92311. Forms submitted in person must be presented for filing at least ten (10) court days before the appearance date indicated on the Notice to Appear. Forms submitted by mail must be postmarked at least fifteen (15) days before the appearance date indicated on the Notice to Appear. (f) Upon receipt of a subpoena setting out the hearing date and remote location, law enforcement officers may file a written request to appear in court instead of at the remote location. The request may be submitted for filing in person or by mail at the addresses set out above. (1) Requests submitted in person must be presented for filing at least ten (10) court days before the date of the video proceeding set out in the subpoena. (2) Forms submitted by mail must be postmarked at least fifteen (15) days before the date of the video proceeding set out in the subpoena. (g) All exhibits intended to be used at the remote video trial should be submitted to the Barstow Court prior to the hearing or trial date so they will be available for the judge's reference. Each exhibit shall be identified with the party’s name (defendant or law enforcement agency), case number and date of the infraction, trial or related proceedings. Exhibits may be submitted in person or by mail at the address set out above. Exhibits that are submitted in person must be presented at least ten (10) court days before the remote video trial date. Exhibits that are submitted by mail must be postmarked at least fifteen (15) days before the remote video trial date. (h) Defendant and the law enforcement agency designee shall bring two (2) copies of all documentary evidence he/she intends to use in presentation of his/her case to the remote location on the day of the hearing or trial. Documentary evidence includes written documents, and standard sized photographs. (h) Defendant and Law Enforcement designee may bring one (1) copy of all demonstrative or other physical evidence he/she intends to use in presentation of his/her case to the remote location on the day of the hearing or trial. Demonstrative or other physical evidence includes oversized maps or diagrams, three dimensional objects, and blown up photographs. All exhibits are subject to admission by the trial judge. (Eff. July1, 2017. As amended, eff. January 1, 2018.)
CHAPTER 13 CRIMINAL RULES RULE 1300 California Rules of Court shall apply as supplemented by the following local rules. (Eff. July 1, 1998.) RULE 1301 Felony, misdemeanor and infraction matters shall be filed and heard pursuant to Rule 131. (Eff. July 1, 1998. As amended, eff. January 1, 2017.) RULE 1311 PRIORITY OF PROTECTIVE ORDERS AND MODIFICATION (a) This Rule sets forth the court communicatio
Reviewer note: Composed 2026-10-07 (California T4 San Bernardino build 2026-10-07) from BenchPath custody ca/t4/ca-san-bernardino/docs/local-rules/rulesofcourt.pdf (1185461 bytes, sha256 d6522f541ac18b5d604318763e09eff2cb8c22c4442a284858e16d3a7bf12d97; 130 pages; this chapter is pages 52 to 56) with the shared verbatim composer (v2 reflow). The book is a redline (“All new content has been underlined. Content to be deleted is stricken through”): the struck-through text is not in force and was taken out as chrome, the underlined text kept; the running header (Superior Court of California, County of San Bernardino), the page numbers and Word's hidden bookmark labels removed as chrome; the front matter, subject index and local forms lists belong to no chapter card; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented layout fixes (whitespace only, read on the page; the proofs hold): the Barstow address in Rule 1330 (e) set as four lines.
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.