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Rule 16 (Rules 16.0 to 16.20): the criminal departments and court sessions (Rules 16.0 and 16.1); filings (Rule 16.2); withdrawal of general time waivers, with a pretrial conference scheduled within five (5) court days (Rule 16.3); continuances (Rule 16.4); pretrial conferences (Rule 16.5); trial related filings, including a Trial Readiness Statement a master calendar judge may order filed 2 court days before trial (Rule 16.6); electronic recording, withdrawal of counsel and discovery, including Pitchess motions (Rules 16.7 to 16.9); motions - in limine motions no later than the day the case is assigned for trial, motions relating to pending informations, indictments or misdemeanor complaints at least 15 calendar days before the hearing and all other motions at least 10 calendar days before, oppositions 5 court days and replies 2 court days before, and the table of notice periods for certain motions (Rule 16.10); Penal Code § 1538.5 motions (Rule 16.11); writs (Rules 16.12 and 16.13); the felony trial calendar called at 9:00 a.m. each Friday and the daily calendar (Rules 16.14 and 16.15); bail schedules and bail setting (Rules 16.16 and 16.17); bench warrants (Rule 16.18); court-appointed attorney compensation (Rule 16.19); and redaction of police reports (Rule 16.20).
California > First Appellate District > San Francisco County > Superior Court of California, County of San Francisco
16 Criminal Division 16.0 Criminal Departments The Presiding Judge designates departments to hear criminal matters. A. The criminal division of the Courts consists of the felony and misdemeanor trial courts and the preliminary hearing courts. B. The criminal division must include a master calendar department which must assign all felony trial matters and such other criminal matters as the Presiding Judge may direct. The Judge sitting in the master calendar department is referred to in this LRSF16 as the “Supervising Judge.” C. The criminal division clerk’s office is located at the Hall of Justice, 850 Bryant Street, San Francisco, California, Room 101. 16.1 General Proceedings. A. Court Sessions. The time for conducting sessions of the criminal court departments will be established by the Presiding Judge. B. Posting Calendars. Calendars for the criminal division departments are posted outside of Room 101 and outside each criminal division department. 16.2 Filings. All filings except writs must be made in Room 101, except filings may be made in court with the permission of the assigned judge. Writs must be filed in the appropriate court pursuant to LRSF 16.11 and 16.12. In advance of filing motions, the moving party must confirm the availability of dates set for hearings. 16.3 Withdrawal of General Time Waivers. If after entering a general time waiver, a Defendant elects to withdraw that waiver pursuant to Penal Code § 1382(a)(2)(A) or (a)(3)(A), and such notice is not given on the record in open court, Defendant shall provide notice by filing a separate pleading specifically captioned NOTICE TO WITHDRAW GENERAL TIME WAIVER PURSUANT TO PENAL CODE § 1382 and shall lodge a courtesy copy of the notice with the clerk in the department where the matter is pending in compliance with LRSF 2.7. Defendant shall also schedule a pretrial conference in the department where the matter is pending within five (5) court days of filing the notice with the Clerk of the Superior Court. 16.4 Continuances. A. Counsel must consider trial dates to be fixed obligations and must be prepared to commence trial when scheduled. B. If, on the date set for trial counsel is actually engaged in the trial of another case, the case scheduled for trial will be continued from day to day until completion of the trial of the other case or until the Court determines that trial should proceed. C. Motions for continuances of trials or other matters must be in writing and noticed for hearing in felony cases: in the criminal division master calendar department at 9:00 a.m. on any court day. In misdemeanor cases and preliminary hearing cases: in the assigned department in accordance with its calendar procedures. These motions must be supported by appropriate declarations, which must include the date the complaint and/or information was filed, the number of continuances previously granted, and at whose request. Oral motions for continuances will not be considered absent extraordinary circumstances. 16.5 Pretrial Conferences. A. Policy of the Court. The Court holds meaningful pretrial conferences for the purpose of facilitating the orderly disposition of cases, by trial or otherwise. Accordingly, counsel must prepare for and actively participate in pretrial conferences. B. Scheduling. A pretrial conference must be scheduled by the master calendar department in every felony trial matter. Pretrial conferences may be scheduled in any other case at the discretion of the assigned judge. C. Matters to be Discussed. Counsel must be prepared at the pretrial conference to discuss any matter relating to the disposition of the case, including but not limited to, trial or hearing readiness, estimated length of the trial or hearing, identity of anticipated witnesses and the substance of their testimony, special problems, and whether a disposition without trial or hearing is feasible. 16.6 Trial Related Filings. A. Trial Readiness Statement A judge presiding in the felony or misdemeanor master calendar departments may order a Trial Readiness Statement to be filed 2 court days before the date set for trial. The Trial Readiness Statement must include the following unless otherwise ordered by the judge: 1) a statement confirming counsel is ready to proceed with trial or intends to request a continuance; 2) all prior trial dates and whether a continuance was granted at the request of the People or the Defendant; 3) whether Defendant intends to enter a general time waiver or stipulate to a new last day for trial, whether this has been communicated to the district attorney, and whether there is any opposition to vacating the current trial date; 4) whether the case will resolve by negotiated disposition and whether the parties have engaged in settlement discussions; the date and description of the last offer extended to the Defendant, whether defense counsel has conveyed the offer to Defendant, and any counteroffer made by Defendant; 5) identify all pending motions and any dates set for hearing, and any other motions counsel intends to file or have heard by the trial judge (other than motions in limine) (i.e., motions to suppress, motions to consolidate/sever / bifurcate, or motions to quash subpoenas, etc.); 6) a list of the witnesses counsel intends to call at trial in accordance with counsel’s obligations under Penal Code sections 1054.1, 1054.3, and 1054.7, whether these witnesses have been subpoenaed, and whether they are available to testify; 7) whether Defendant has or intends to file a motion for diversion pursuant to Penal Code section 1001.95, and whether the district attorney is or is not opposed to court ordered diversion; 8) whether Defendant has or intends to file a motion for any collaborative court, and whether or not the People oppose the Defendant’s request for a collaborative court referral; 9) a statement by counsel that all statutorily required discovery has been disclosed, and where known items have not been disclosed, a description of those items, the reasons for the failure to disclose them, and the anticipated date of disclosure; and 10) any other information ordered by the judge. Failure to comply with this rule may subject counsel to monetary sanctions. B. Required Trial Submissions Jury instructions must be submitted in accordance with the requirements set forth in CRC 2.1055 and 2.1050 and are due the first day of trial. Witness lists including time estimates for direct testimony, proposed voir dire questions if any, and requests for 402 hearings, are also due the first day of trial. C. Foreign Language. Whenever an instrument written or recorded in a foreign language is offered as an exhibit, it must comply with CRC 3.1110 (g). 16.7 Use of Electronic Recording. Pursuant to Gov. Code § 69957, electronic recording may be used in infraction and misdemeanor proceedings when an official reporter is unavailable. 16.8 Withdrawal as Attorney of Record. An attorney representing a client in a criminal proceeding must not be relieved from such representation except by order of the Court either upon a timely motion or by the consent of the defendant. 16.9 Discovery. A. Discovery Requests. 1) At the time of the defendant's first appearance on a felony trial or misdemeanor trial matter, an informal mutual request for continuing discovery is deemed to have been made. Disclosures required by Penal Code §§ 1054.1 and 1054.3 shall be made not later than the pre-trial conference. 2) Discovery material provided to the opposing side, including documents, photographs, audio or video tape recordings, must be recorded in a receipt retained by the party providing the discovery and signed by the opposing side, setting forth the specific items provided and the date they were provided to the opposing side. B. Motions to Compel Discovery. 1) Upon receipt of any written informal request, the receiving party must respond by providing the information requested, or by specifying in writing the items the party refuses or is unable to produce and the reason for the refusal or inability, or by seeking a protective order. 2) A motion pursuant to LRSF16.9 may be made to compel discovery under Penal Code § 1054.5(b) which (1) describes the oral and written requests to obtain discovery, (2) specifies the items sought by the motion, and (3) states that the moving party has met and conferred with the other party on the substance of the motion. C. Pitchess Motions—Evidence Code § 1043. The Pitchess hearing department will set the date and time for hearing on all motions for discovery of peace officer personnel records pursuant to Evidence Code § 1043. 16.10 Motions. A. Unless otherwise authorized by law, 1) All motions in limine must be filed and served no later than the day the case is assigned to a judge for trial, or they may be deemed waived. 2) Motions relating to pending informations, indictments or misdemeanor complaints and all supporting papers must be filed and served at least 15 calendar days before the date of the hearing. All other motions and supporting papers, including those relating to pending felony complaints, must be filed and served at least 10 calendar days before the date of the hearing. All papers opposing the motion must be filed at least 5 court days and all reply papers at least 2 court days before the time appointed for hearing. 3) When filing a motion under Penal Code §995, the moving party must obtain a hearing date that is prior to the first day of trial. The moving party must obtain a hearing date from the court prior to filing or serving the motion, and the moving party must file and serve the motion in compliance with the Required Notice Period indicated below. Failure to schedule the motion under Penal Code §995 for hearing before the first day of trial may be deemed a waiver of the motion. B. Required Notice Period for certain motions. For the motions specified below, the moving party must file the motion and serve all other parties the indicated number of days before the hearing: Penal Code § 1538.5 motion to suppress Motion at preliminary hearing 5 court days Opposition 2 court days Special hearing in felony trial court 10 court days Opposition 2 court days Penal Code § 995 motion to dismiss 18 calendar days Opposition 8 court days Reply 5 court days Motion to sever/consolidate 15 calendar days Motion at preliminary hearing 5 court days Opposition 2 court days Reply 1 court day Other than at preliminary hearing 15 calendar days Opposition 10 calendar days Reply 5 calendar days Evidence Code § 1043 (Pitchess) discovery 10 court days Opposition 5 court days Reply 2 court days Motion to recuse counsel 10 court days Motion to release on bail before sentencing 2 court days Motion to release on bail after sentencing 5 court days Motion to compel discovery 3 court days Motion to continue 2 court days Motion to recall bench warrant 2 court days Motion to amend complaint, information, or indictment 2 court days Motion to modify probation 2 court days Motion to substitute or withdraw as counsel 2 court days C. All motions must be accompanied by supporting points and authorities that must include a description of the facts, a specification of the charged offenses and authorities relied upon. References to the record must be supported by specific citations. References to any transcribed proceeding must designate the date and nature of the proceeding and cite the page and line of the reference. D. Points and authorities must not exceed 15 pages. On application, the Court may permit additional pages upon good cause shown. E. A copy of any document, exhibit, or pleading that is referenced in a motion, other than a court transcript, must be attached to the motion. If relevant, the defendant must attach legible copies of the search warrant, affidavit in support of the warrant and/or receipt and inventory of property. F. To the extent practicable, multiple motions relating to the same case must be filed and heard at the same time. G. Courtesy copies of all motions, oppositions and replies must be provided directly to the courtroom where the motions are to be heard in compliance with LRSF 2.7. H. Ex parte motions. Ex parte motions must include recitations that the opposing party has been informed of the relief sought and agrees or does not agree with that relief. Counsel must provide ex parte motions directly to the clerk and not the judge. 16.11 Penal Code § 1538.5 Motions. A. Motions pursuant to Penal Code § 1538.5 must 1) describe and list the specific items of evidence which are the subject of the motion; 2) specifically state the legal basis which will be relied upon; and 3) cite the specific authorities relied upon. B. If the motion relates to a warrantless search 1) the People’s response must state the justification for the seizure and may include declarations, 2) the Court at the commencement of the hearing may a. require the defense to state the basis for the alleged Fourth Amendment violation. b. require an offer of proof from the People why there is no such violation and c. then confine the taking of evidence to material controverted issues. C. Harvey-Madden notice. Whenever there is an issue in a motion with regards to either: 1) People v. Harvey, (1958) 156 Cal. App. 2d 516, People v. Madden, (1970) 2 Cal.3d 1017, and their progeny, or 2) The existence of an arrest warrant (People v. Romanoski (1984) 157 Cal. App. 3d 353, 360), then motion and the memorandum of points and authorities must so indicate. D. Motions to Traverse, Quash, or Suppress 1) A motion to traverse, quash, or suppress should first be brought before the judge who signed the search warrant at issue. 2) Any counsel who knows or learns that the motion to traverse, quash, or suppress is related to another such motion must promptly: a. file a “Notice of Related Motion to Traverse, Quash, or Suppress” with the Criminal Master Calendar Department, b. serve all parties with a copy of the notice, and c. provide a courtesy copy to each judge hearing a related motion. 3) For purposes of this rule, “related” means: a. both motions concern one or more of the same defendants and the same alleged events, occurrences, transactions, or property; or b. both motions involve substantially identical warrants. 4) A Notice of Related Motion to Traverse, Quash, or Suppress shall contain the defendants’ names, case numbers, and, if applicable, warrant numbers for the related motions to traverse, quash, or suppress. 5) Notwithstanding subsection 1 above, the Court may reassign some or all related motions to one judge. 16.12 Writs of Habeas Corpus [CRC 4.552(c)]. A. Matters relating to all criminal proceedings must be presented to the Supervising Judge. B. Matters relating to the juvenile court must be presented to the Supervising Judge of the family law division. 16.13 Writs Other than Habeas Corpus. Petitions for writs in criminal proceedings, other than habeas corpus, must be filed as follows: A. Petitions for writs of mandate or prohibition in misdemeanor and infraction cases must be filed in the Appellate Division of the Superior Court. B. Petitions for writs of mandate or prohibition in felony cases filed before indictment or information must be filed in Room 101 at the Hall of Justice and presented to the Supervising Judge of the Criminal Division. C. Petitions for writs of mandate or prohibition in felony cases filed after indictment or information must be filed in the District Court of Appeal. D. Petitions for Writs error coram nobis must be presented as follows: In felony cases, to the Supervising Judge of the Criminal Division. In misdemeanors, to the Misdemeanor Department in which relief is sought. In traffic cases, to the Traffic Department in which relief is sought. 16.14 Trial Calendar. The felony trial calendar for each week is called in the courtroom of the Supervising Judge at 9:00 a.m. each Friday and such other days and times as that judge designates with the approval of the Presiding Judge. 16.15 Daily Calendar. All other felony matters will be called no later than 9:00 a.m. daily, or such other times as the Supervising Judge may direct with the approval of the Presiding Judge and such other days and times as that judge designates with the approval of the Presiding Judge. 16.16 Felony/Misdemeanor/Infraction Bail Schedules. The Court must regularly maintain bail schedules available from the clerk of the court, and available online at https://sf.courts.ca.gov/. 16.17 Bail Setting and Rehearing. A. Requests for bail reduction or increase must state the date of all other applications, by any person, that have been previously made, including to whom such application was made and the prior ruling(s). A courtesy copy of the bail motion must be accompanied by the police incident report. B. Requests for an increase or reduction of bail must be made to the judge who set such bail, except: 1) Bail Set Ex Parte. Bail set ex parte is subject to modification by the judge before whom the defendant appears for arraignment. 2) A judge presiding over a preliminary examination or trial may, in that judge’s discretion, after receipt of evidence, modify the bail. 3) A judge hearing a criminal matter may, upon motion of either the defendant or the People, modify the bail. 4) Change of Plea. Upon defendant’s change of plea to guilty or no contest, the assigned judge may, in the judge’s discretion, with or without motion of any party, modify bail. C. Requests for Bail Undertaking by Private Surety 1) Prior to any hearing requesting that a private surety or sureties undertake bail pursuant to Penal Code sections 1278 and 1279, counsel for the requesting defendant must lodge the Acknowledgment of Undertaking of Bail by Private Sureties form. All fields in the form must be completed except for the signature, which the private surety or sureties must execute in open court on the record if the request is approved by the Court. 2) Counsel for any defendant seeking a bail undertaking by private surety must file documentation to verify the proposed surety’s identity and address, such as a copy of photo identification and/or utility bills, unless waived by the Court. 3) The Court, in its discretion, may require additional documentation to prove each proposed surety’s income and assets, such as paystubs, bank statements, W-2 forms, employment verification letter, tax documents, or appraisal and title reports for real property. 4) Counsel for any defendant seeking a bail undertaking by private surety must provide the Court at the time of the hearing with a proposed sealing order for the surety or sureties’ private financial information and/or personal identifying information, and counsel must also provide an envelope marked with the case caption for those documents. 16.18 Bench Warrants: Felony Trials and Felony Probation Matters. Upon the return of a bench warrant issued in a felony trial or felony probation matter, the action is restored to the Master Calendar. The action will be calendared by the next court day after the warrant is received in the criminal court clerk’s office, Room 101, provided the warrant is received no later than 3:00 a.m. on the day the warrant is to be calendared. 16.19 Court-Appointed Attorney Compensation. A. Policy. The Court will appoint counsel if the attorney has the requisite legal ability and diligence to represent a given defendant who is eligible for such services as set forth in The San Francisco Superior Court Guidelines for Determination of Financial Eligibility for Appointment of Counsel and Ancillary Services in Adult Criminal and Juvenile Justice Cases effective January, 2004. Counsel accepting appointment will be required to agree to and adhere to the following policies and fee schedules. B. Compensation. The compensation of private counsel appointed by the Court to represent indigent defendants must be fixed by the compensation schedule set by the judges of the Court and set forth in the current Policies and Procedures Manual (“Manual”). All requests for payment must be directed to the Bar Association of San Francisco (BASF). The current Manual is found at the Bar Association site as follows: http://www.sfbar.org/lawyerreferrals/att-ida.aspx. (Forms Under Heading Indigent Defense Administration Program). C. Excess Attorneys’ Fees. If appointed counsel claims compensation in excess of the scheduled amounts, the attorney may seek additional compensation pursuant to the procedures in the Manual. D. Expenses-Prior Approval Required. Expenses, such as expert witness or investigator costs, reasonably necessary for private counsel must be reimbursed by the Court only if a written order of the Court has been previously obtained authorizing such amount, unless the expenses are authorized by the Manual. Unauthorized expenses will not be reimbursed. E. Submission. Claims for payment of services rendered must be submitted in accordance with the regulations detailed in the Manual. F. Format. Claims for compensation of attorneys’ fees and expenses must be made following a format set forth in the Manual. Counsel must set forth with particularity the nature of the services performed and are expected to make available time sheets or other documentation if requested by the Court or by any entity or person authorized by the Court to review such fee requests. GUIDELINES FOR DETERMINATION OF FINANCIAL ELIGIBILITY FOR APPOINTMENT OF COUNSEL AND ANCILLARY SERVICES IN ADULT CRIMINAL AND JUVENILE JUSTICE CASES. SCOPE These guidelines apply to the appointment of the office of the Public Defender, private counsel or an ancillary service. Determining Financial Eligibility/Standard Test The standard test for financial eligibility for the appointment of counsel is whether or not a private attorney would be interested in undertaking representation of the client, given the applicant’s present economic circumstances. Written Financial Statement A financial statement must be completed by the defendant, and the Court must review such statement, prior to any appointment of counsel or ancillary services for an out of custody defendant. In-custody individuals may be directed to complete a financial statement where the Court concludes, based upon inquiry of the applicant that the applicant’s or spouse’s income and/or holdings, or other financial information, that the applicant may not qualify for appointment of counsel. The defendant must complete a financial statement if (1) the Public Defender has declared a conflict and/or the applicant is seeking a Harris appointment or (2) counsel for the defendant is retained by a third party, but appointment of ancillary services is requested. The financial statement is confidential and privileged and is not admissible as evidence in any criminal proceeding except the prosecution of an alleged offense of perjury based upon false material contained in the financial statement. Should the applicant need assistance in locating counsel, the Court or the Office of the Public Defender may refer the applicant to the Lawyer Referral and Information Service of the Bar Association of San Francisco (LRIS/BASF). LRIS/BASF maintains a list of attorneys, called by rotation, all of whom meet the same experience required of the Criminal and Juvenile Justice Conflicts panels. LRIS/BASF will supply the Court with referral information. Neither the Court nor the Office of the Public Defender or any other officer or member of the Court shall refer an applicant to any particular attorney or provider of services. 16.20 Redaction of Police and Related Reports. Any person attaching police reports, arrest reports, and investigative reports attached to any document filed with the Court must redact information as listed below, before the document is filed. The Court will not file documents without the required redaction. Any document or report that is refused for filing for failure to comply with this order is not considered filed for the purpose of a filing deadline. The information that must be redacted is: driver license and identification card numbers; dates of birth; social security numbers; names and birth dates of victims and witnesses; addresses and phone numbers of victims and witnesses; financial institution account numbers and credit card numbers; Criminal Offender Record Information (CORI) records and data. Adopted: July 1, 1998 Last Revised: July 1, 2026
16 Criminal Division 16.0 Criminal Departments The Presiding Judge designates departments to hear criminal matters. A. The criminal division of the Courts consists of the felony and misdemeanor trial courts and the preliminary hearing courts. B. The criminal division must include a master calendar department which must assign all felony trial matters and such other criminal matters as the Presidin
Reviewer note: Composed 2026-10-08 (California T4 San Francisco build 2026-10-08) from BenchPath custody ca/t4/ca-san-francisco/docs/local-rules/final-proposed-changes-lrsf-effective-july-1-2026-submitted.pdf (the court's rule book, “Uniform Local Rules of Court, Superior Court of California, County of San Francisco, Effective: July 1, 1998, Revised: July 1, 2026”, as fetched 2026-10-08; 2706376 bytes, sha256 82645c96954e6d459832c1ee68c5a042ff7f90ebc58fceb9a82fc7c5575631ad; 251 pages) with the shared verbatim composer (v2 reflow) over the rule body (PDF pages 3 to 235): each page's running header (“Local Rules of Court San Francisco Superior Court” and “Rule N”) and footer (“Effective: ...; Revised ...” and the printed page number) removed as chrome; lines reflowed into the rules' paragraphs; the one struck letter in the book (the final “s” of “means” in Rule 2.11(A)(5), read on the page image) set aside as chrome with the composer's strike_out, so the card reads the rule as amended; four rule headings set on their own lines and 23 paragraph breaks the reflow made inside sentences rejoined (whitespace-only fixes); the body's one soft hyphen (Rule 12.15's “JV-” at a line end) read as the hyphen it prints and the reflow's space after it removed; Rule 11's two tables (the timeshare percentages and their definitions) set row by row (the same characters); the body cut at the rule headings, which reassemble it; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents and the index belong to no rule.
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.