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Rule 17 (Rules 17.0 to 17.11): court sessions (Rule 17.0); failure to appear or pay, civil assessments and correctable violations (Rule 17.1); traffic school (Rule 17.2); discovery - law enforcement responses within 15 days and motions to compel (Rule 17.3); the format of motions (Rule 17.4); informal trials under Vehicle Code § 40901 (Rule 17.5); trials, bail forfeiture and trials by written declaration (Rule 17.6); continuances - trials requested ten (10) calendar days before, arraignments at least 5 court days before (Rule 17.7); traffic appeals and parking violation appeals (Rules 17.8 and 17.9); motions to reopen a case adjudicated by bail forfeiture (Rule 17.10); and determination of ability to pay (Rule 17.11).
California > First Appellate District > San Francisco County > Superior Court of California, County of San Francisco
17 Traffic Proceedings 17.0 Court Sessions. The time for conducting sessions of the traffic court departments will be established by the Presiding Judge. 17.1 Failure to Appear or Pay; Civil Assessment; Driver’s License Suspension. A. Petition to Vacate Civil Assessment. An application by a defendant to vacate a civil assessment imposed pursuant to Penal Code § 1214.1 must be submitted by filing the local form called “Petition to Vacate Civil Assessment.” The Petition shall be reviewed by a judicial officer and may be granted on a showing of good cause such as: 1) Hospitalization 2) Incarceration 3) Active military duty 4) Death of an immediate family member B. Time for Filing of Petition. A Petition to Vacate the Civil Assessment must be filed within twenty (20) days from the date on which the Notice of Civil Assessment was mailed. Penal Code § 1214.1. C. Correctable Vehicle Code Violations. If a defendant does not contest the imposition of the Civil Assessment, any correctable violation pursuant to Vehicle Code §§ 40610 and 40611 may be corrected for a period of twenty (20) days from the date on which the Notice of Civil Assessment was mailed by paying the civil assessment plus $25 compliance fee per correctible violation to Vehicle Code § 40611. If not corrected within said period of time, the violation will not thereafter be correctable. D. Trial on Underlying Infraction. If the case was adjudicated pursuant to Vehicle Code §§ 40902 or 40903, the defendant may obtain a trial de novo on the underlying infraction charges by posting the full bail for the underlying charges within twenty (20) days of the mailing date on the Notice of Civil Assessment or Notice of Delinquency. 17.2 Traffic School. The clerk shall collect a fee from everyone ordered or permitted to attend traffic school pursuant to Vehicle Code § 42005. A. Fee. The fee may be in the amount equal to the total bail set forth for the eligible offense on the uniform countywide bail schedule. The “total bail” means the amount established pursuant to Penal Code § 1269b in accordance with the Uniform Statewide Bail Schedule adopted by the Judicial Council, including all assessments, surcharges, penalty amounts, and statutory fees. B. Reconsideration of Bail Forfeiture, Time to Request Traffic School. Notwithstanding Vehicle Code § 40512(a)(2) and Rule 17.10, within 30 calendar days of receipt, a defendant’s request for Traffic School may be granted if the defendant is otherwise eligible and pays the additional administrative fee required pursuant to Vehicle Code § 42007.1(a). C. Forfeit of Administrative Fee. If a defendant elects traffic school and pays the assessments, surcharges, penalty amounts and fees, without confirming the eligibility of the charge and/or without confirming his or her eligibility and is found not to be eligible or the charge is not eligible, the statutory fee required pursuant to Vehicle Code § 42007.1(a) shall be forfeited. D. Proof of Completion. If a defendant who elects or is permitted or is ordered to attend a traffic school in accordance with Vehicle Code § 42005 fails to submit proof of completion within the time ordered by the Court or any extension thereof, the Court, may order that the fines and fees paid by the defendant be converted to bail and declare the bail forfeited. Upon forfeiture of the bail, the Court may order that no further proceedings shall be had in the case. 17.3 Discovery. A. Discovery Requests. The defendant may request discovery by submitting an informal discovery request in writing to the legal department of the law enforcement agency that issued the citation. Upon receipt of any written informal discovery request, the receiving law enforcement agency should respond within 15 days of service by providing the information requested, or by specifying in writing the items the agency refuses to disclose or is unable to disclose and the reasons for the refusal or inability to produce, or by seeking a protective order from the Court. B. Motions to Compel Discovery. If the law enforcement agency does not respond to the request within 15 days, the defendant may seek a court order to compel discovery. The motion to compel must be filed no later than 3 court days prior to the hearing. The motion should include: (1) a copy of the written request to obtain the discovery; and (2) an indication of which items have been disclosed and which items remain outstanding. The defendant must serve the motion on the law enforcement agency’s legal department. The Court may in its discretion rule on the motion to compel on the date of the hearing or on the date set for trial. C. Red Light Camera Cases. Identification. When the defendant disputes being the driver of a vehicle cited for a red-light camera violation, the defendant may submit an Affidavit of Non-Liability to the San Francisco Municipal Transportation Authority (SFMTA) as provided on the citation. Submitting the Affidavit of Non-Liability does not relieve the defendant of the obligation to contact the Clerk’s Office in Room 145 by the Promise to Appear date on the citation in order to schedule an Arraignment Hearing. If SFMTA has not made a determination on the Affidavit of Non-Liability prior to the Promise to Appear date, the defendant may request a continuance of the Arraignment hearing. Where SFMTA determines that the defendant is the driver and returns the matter to the traffic division, the defendant may dispute being the driver at the trial by personally appearing. Informal Discovery. Any informal discovery requests related to red-light camera cases must be served on the Office of the City Attorney, attention of the Transportation Team. If the Office of the City Attorney does not comply with the informal discovery request, the defendant may file a motion to compel. A motion to compel discovery in a red-light camera case must be served on the Transportation Team in the Office of the City Attorney. Transfer of Liability. The Court may amend a red-light camera citation to name a driver who is not the registered owner of the vehicle upon receipt of a Declaration of the Driver admitting to driving the vehicle at the time of the citation. D. Subpoenas and Subpoena Duces Tecums. Defendants may use a subpoena to require a witness to appear at trial or a subpoena duces tecum to obtain documents or things related to their case. A subpoena may be obtained from the Clerk of Court located in Room 145. The subpoena must be personally served on the witness by someone, other than the defendant, who is 18 years old or older and not involved in the case. The Court will secure the attendance at trial of the officer who issued the citation. 17.4 Format of Motions. A. All motions must be accompanied by a memorandum of supporting points and authorities that include a brief description of the facts, a specification of the charged offenses and points and authorities relied upon. Any motions that rely upon facts beyond the citation must be accompanied by a declaration under penalty of perjury in substantial conformity in compliance with CCP § 2015.5. Failure to comply with these requirements may result in the denial of the motion. B. All motions or written requests, except writs and petitions to vacate civil assessment, must be filed in the Clerk’s Office for the Division of Traffic and Infractions. At the time of a court appearance the sitting judge may allow documents to be filed in open court. C. Courtesy copies of all motions, oppositions and replies must be provided directly to the department where the motions are to be heard in compliance with LRSF 2.7. 17.5 Procedures for Informal Trial Pursuant to Vehicle Code § 40901. A. Purpose. This rule establishes procedures for conducting an informal trial under Vehicle Code § 40901. B. Discretion of a Judicial Officer to Grant an Informal Trial under Vehicle Code § 40901. A judicial officer may allow an informal trial upon a request at arraignment on an infraction by a defendant that is eighteen (18) years of age or older. Informal trials are conducted according to the following requirements and procedures: 1) Eligible Offenses. An informal trial may be allowed for infraction violations of the Vehicle Code or of a local ordinance adopted pursuant to this code. 2) Procedure. An informal trial under Vehicle Code § 40901 may proceed as follows: a. At the arraignment, the Court must inform the defendant of the nature of the informal trial proceedings and of his or her constitutional rights to confront and cross-examine witnesses, to subpoena witnesses, to hire counsel at the defendant’s own expense, and to proceed with a formal court trial before a judicial officer. If an informal trial is requested by a defendant with a class A, class B, or commercial class C driver’s license and the violation in a commercial vehicle as defined in Vehicle Code § 15210(b) or a defendant is charged with a violation of Vehicle Code § 22406.5 (tank vehicles), the Court must inform the defendant that the offense is not eligible for non-disclosure and confidentiality pursuant to Vehicle Code § 1808.7 in consideration of completion of traffic violator school. b. The judicial officer must determine that an offense is eligible for an informal trial and obtain a signed statement that the defendant knowingly and voluntarily waives the rights listed in 2.b. and 2.c. before proceeding with an informal trial. c. The informal trial is to be held at the time of arraignment before the judicial officer conducting the arraignment. d. Evidence at Trial. The trial court may admit testimony and other relevant evidence in the form of a notice to appear issued pursuant to § 40500 and, notwithstanding Division 10 (commencing with § 1200) of the Evidence Code, a business record or receipt, Vehicle Code § 40901(b). e. Before the trial the defendant must have the opportunity to review any sworn declaration or other evidence submitted by law enforcement. 3) Appeal. An appeal of a finding of guilt in an informal trial under this rule must be filed within the normal time under CRC Rule 8.902(a). 17.6 Trials. A. Failure to Appear: Trial. Any defendant who fails to appear as provided by law is deemed to have elected to have a trial by written declaration under Vehicle Code § 40903 unless bail was posted. B. Bail Forfeiture. If a defendant has posted bail and fails to appear for trial, the court may declare the bail forfeited and order that no further proceedings be had in the case pursuant to Vehicle Code § 40512.5(a). A forfeiture of bail shall be equivalent to a conviction and shall be reported to the Department of Motor Vehicles. C. Trials by Written Declaration. Defendants may elect to have a trial by written declaration upon any alleged infraction pursuant to Vehicle Code § 40902 and California Rules of Court, Rules 4-210. Where defendant has made a timely request for trial by declaration, such trials shall be conducted consistent with Vehicle Code § 40902. In a trial by written declaration, the trial court may admit any relevant evidence including evidence authorized by Vehicle Code § 40901(b). D. Presence of Defendant at Trial. In Traffic Court infraction cases, the defendant is ordered to be personally present at the trial for purposes of identification unless counsel stipulates to the issue of identity. Penal Code § 1043. E. Official Electronic Recording at Trial. Pursuant to Government Code § 69957, an official electronic recording of the proceedings is permitted in Traffic Court infraction cases. F. Evidence at Trial. The trial court may admit testimony and other relevant evidence in the form of a notice to appear issued pursuant to Vehicle Code § 40500 and, notwithstanding Division 10 (commencing with § 1200) of the Evidence Code, a business record or receipt. Vehicle Code §§ 40901(b), 40902(c) and 40903(b). The Court will not accept into evidence items contained on a cell phone, laptop or electronic tablet. These items must be printed out, downloaded to a CD, zip drive, or other electronic device that can be reviewed by the Court and retained for the record. 17.7 Continuances. A. Trials. When an infraction case has been set for a contested court trial, a request to continue the trial must be filed ten (10) calendar days before the date of the trial. The trial will occur on the date originally set unless the trial court grants the request for continuance and provides notice to the defendant that a new trial date has been set. No other requests for a continuance of the trial will be granted unless the interests of justice require a continuance. B. Arraignments. After an arraignment date is set, a defendant may request one continuance, and the request for continuance must be filed at least 5 court days prior to the arraignment date. No request to continue an arraignment date past 30 days will be considered unless full bail is posted. Absent a showing of good cause determined by the Court, no continuance may exceed 90 days. 17.8 Traffic Appeals. A. Notice of Appeal Form. The Judicial Council CR-142 form may be used for the Notice of Appeal. A certified copy of the Judgment of Conviction or other Order must be obtained from the traffic division in the Hall of Justice. These documents and two copies of each form must be filed with the appeals clerk, criminal division in the Hall of Justice, within the time limits established under CRC Rule 8.902(a). B. Proposed Statement on Appeal Form. The Judicial Council CR-143 may be used for the proposed statement on appeal. An original and two copies of the form must be filed with the appeals clerk in the criminal division of the Hall of Justice, within the time limits established by CRC Rule 8.915. C. Stays. An appeal does not stop the requirement to pay the Judgment (payment of fine, civil assessment, etc.). 17.9 Parking Violation Appeals. An appeal, filed pursuant to Vehicle Code § 40230, shall be filed with the traffic division, and not with any other division of the Court. 17.10 Motion to Reopen Case Adjudicated by Bail Forfeiture. If the amount of the bond, money, or property deposited exceeds seven hundred dollars ($700), a motion to reopen a conviction reported to the Department of Motor Vehicles following a bail forfeiture under Vehicle Code § 40512(a)(2) must be filed with the Traffic Division no later than 180 days from the date of the bail forfeiture and may be heard within 30 days of the 180 expiration. The Court may extend the 30-day period on a showing of good cause, Penal Code § 1305(i). 17.11 Determination of Ability to Pay. A. A defendant may request a determination of ability to pay online through https://mycitations.courts.ca.gov/ pursuant to CRC 4.335. 1. The court clerk will determine a defendant’s ability to pay and apply a reduction on the outstanding balance using the following criteria: a. If defendant proves that defendant is currently receiving any of the following public benefits: a. CalFresh (Food Stamps); b. Medi-Cal; c. General Assistance/County Relief; d. Supplemental Security Income (SSI); e. State Supplemental Payment (SSP); f. In Home Supportive Services (IHSS); g. California Work Opportunity and Responsibility to Kids Act (CalWORKS); h. Temporary Assistance for Needy Families (TANF); i. Cash Assistance Program for Immigrants (CAPI), then the clerk will reduce the fines to an amount that is no more than 20% of the outstanding balance. b. If defendant proves a current net monthly income that is less than or equal to 250% of the Federal Poverty Level, then the clerk will reduce the fines to an amount that is no more than 20% of the outstanding balance. c. The clerk may grant a defendant’s request for a payment plan, community service, and/or more time to pay the balance. 2. If the request is either rejected or denied by a clerk, the defendant may request a determination by a judicial officer. B. A defendant may request a determination of ability to pay by written petition obtained from the Traffic clerk’s office pursuant to CRC 4.335. Adopted: July 1, 1998 Last Revised: January 1, 2024
17 Traffic Proceedings 17.0 Court Sessions. The time for conducting sessions of the traffic court departments will be established by the Presiding Judge. 17.1 Failure to Appear or Pay; Civil Assessment; Driver’s License Suspension. A. Petition to Vacate Civil Assessment. An application by a defendant to vacate a civil assessment imposed pursuant to Penal Code § 1214.1 must be submitted by filing t
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.