San Joaquin County Superior Court Local Rules (effective July 1, 2026) — Rule 2: Criminal

Summary

Rules 2-100 to 2-115: discovery under Penal Code Section 1054, et. seq. ordered in all criminal cases (enforcement after the informal request of Penal Code Section 1054.5(b)), work product and other privileges and good cause exceptions asserted by noticed motion heard before the readiness conference, any in-camera showing under Penal Code section 1054.7, and the sanctions (2-100); pre-trial motions - in felony cases heard and determined before the first readiness conference, in misdemeanor cases noticed or scheduled no later than a day in the week before it (2-101), motions to strike prior convictions within the same time (2-101.1); memoranda of points and authorities - the statement of the case or facts, the precise issues and authority, preliminary hearing transcripts cited by page and line, California cases cited to the official reports, copies of Daily Appellate Report cases and other authorities attached, the motion's history at the preliminary examination, and no memorandum deemed a concession that the motion lacks merit (2-102); motions under section 1538.5 of the Penal Code - an itemized list of the items to be suppressed or returned, the specific legal and factual basis, the witnesses named on the first page, the search warrant, affidavit and inventory, and the transcript stipulation (2-102.1); demurrers, motions to dismiss and motions to strike with the current complaint, information or indictment attached (2-102.2); motions at trial - in limine motions in writing, served and filed no later than one week before the first trial assignment date, labeled LIVE TESTIMONY NECESSARY when testimony is needed, with the itemized evidence, the expected testimony and witnesses, and for motions under Evidence Code §1101(b), or 1108 or 1109 the police reports and transcripts (2-103); sanctions (2-104); pre-trial conferences - attorneys familiar with the case and, in felony cases, a pretrial statement filed and served two (2) days before the conference with the maximum exposure, the pretrial offer and any counteroffer (2-105); jury instructions presented in their entirety, special instructions labeled and numbered (2-106); matters improperly set, moved to the next court day (2-107); motions to be relieved by retained counsel - in writing, served on the defendant and the People, with the defendant's last known address (Code of Civil Procedure sections 284 and 285) (2-108); appointed counsel paid under the "Payment Policy and Fee Schedule" of the Lawyer Referral Service (2-110); requests to modify judgment by noticed motion not less than five (5) days before the hearing, except non-substantive modifications (2-111); applications for the temporary release of an inmate for medical, dental, funeral or other appointments - never ex-parte, made to the presiding criminal judge with notice to the District Attorney's Office and the custodial institution, a hearing set 24 hours in advance (2-112); the Uniform County Bail Schedule, prepared and annually revised by the court's Bail Committee (2-113); doctor reports on competency under PC 1368 filed by 5:00 p.m. no later than the last court day before the hearing - in person, by the drop box or by mail, or electronically under local rule number 6 - or a written request for an extension by the same time (2-114); and clerk ability-to-pay determinations (Government Code 68645.3(e)) for litigants receiving public benefits or whose household income is at or below 250% of the federal poverty level, the MyCitations reduction rate, and review by a judicial officer (2-115).