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Chapter 10 (Rules 10.00 to 10.18): filing under the Court Filing Procedures (Rule 10.00); bail requests to the judge who set bail (Rule 10.01); calendaring - the locations of in-custody and out-of-custody arraignments (Rule 10.03); misdemeanor calendar events - pleas within the time Penal Code section 990 provides (Rule 10.05); felonies - arraignments in the Early Disposition Program department, then assignment for all purposes (Rule 10.06); law and motion before the assigned judge, Penal Code section 995 motions to another judge (Rule 10.07); the continuance policy (Rule 10.08); photographing and recording under California Rule of Court 1.150 as modified (Rule 10.09); trials (Rule 10.10); sentencing - at least 10 days' notice to calendar a probation modification (Rule 10.11); traffic school under Rule 4.104 (Rule 10.12); time standards (Rule 10.13); trial by declaration under Vehicle Code Section 40902 (Rule 10.14); counter arraignments (Rule 10.15); writs (Rule 10.16); petitions for dismissal under Penal Code section 1203.4 and related sections (Rule 10.17); and ancillary defense expenses, by ex parte application for the Assistant Presiding Judge in compliance with the guidelines on the court's website (Rule 10.18).
California > Second Appellate District > San Luis Obispo County > Superior Court of California, County of San Luis Obispo
CHAPTER 10 – PROCEDURAL RULES: CRIMINAL AND TRAFFIC RULE 10.00 FILING CRIMINAL COMPLAINTS AND CITATIONS All criminal complaints, informations, and citations filed in the Superior Court of California, County of San Luis Obispo, must comply with the Court Filing Procedures. (Amended 7/1/15) RULE 10.01 BAIL (a) Requests for Increase or Reduction When bail has been set by a judge before the initial Arraignment, all subsequent out-of-court requests for an increase or reduction of bail must be made to the judge who set such bail. (b) More than One Request Any person requesting a reduction or increase in bail must disclose all other applications for an increase or reduction. (c) Relief From Forfeiture A surety, surety insurer, bail agent, or a depositor of money or property may bring a motion to vacate a forfeiture and exonerate a bond pursuant to the provisions of Penal Code section 1305, subdivision (i). The motion shall be filed within 180 days of the date of forfeiture, or if notice of forfeiture was sent by mail, then within 185 days of the date of forfeiture. (1) Form of Motion A motion filed pursuant to this provision and the provisions of Penal Code section 1305 shall be in the form required by California Rules of Court, Rule 3.1112, or, in the alternative, may be brought by way of a properly completed Court approved form entitled Notice Requesting Discharge of Forfeiture and Exoneration of Bond, which may be obtained through the Clerk of the San Luis Obispo Superior Court, Criminal Division. Unless the grounds for relief from forfeiture are those provided for in Penal Code section 1305, subdivisions (c)(1) or (2), the motion or notice requesting discharge shall be supported by proper affidavit(s). (2) Hearing Procedure The motion or notice requesting discharge of forfeiture shall be considered by the assigned judge in chambers and may be calendared as provided for in paragraph (3) of this rule. Except as otherwise provided in paragraph (3), no appearance is required by the moving party or the prosecuting agency. (3) Notice Requirements If, after review of the motion or notice requesting discharge of forfeiture and the supporting affidavits, the Court believes that discharge of forfeiture and exoneration of the bond is not warranted, the Court will calendar the matter for hearing and the Clerk of the Court shall provide 10 days prior notice to the prosecuting agency. (4) Assessment of Costs (a) The Court shall assess the sum of $100.00 as a condition to exoneration of bail in all cases (said sum representing the Court’s costs in processing the forfeiture and other matters related to the defendant’s failure to appear). (b) Where applicable, the following assessments shall be made when a defendant has been transported back to San Luis Obispo County at public expense (said sums representing the actual costs of returning the defendant to custody, in accordance with Penal Code section 1306): (1) Los Angeles County Sheriff’s bus service shall be assessed at $26.00; (2) Security Air Transport Air Service shall be assessed at $226.00; and (3) Other transportation costs shall be assessed at actual cost. (d) Extensions of Time A surety, surety insurer, bail agent, or a depositor of money or property may bring a motion to extend the 180-day relief from forfeiture period provided for in Penal Code section 1305. The motion shall be filed within 180 days of the date of forfeiture, or if notice of forfeiture was sent by mail, then within 185 days of the date of forfeiture. The motion shall be supported by proper affidavit(s) showing “good cause” for the extension. The matter shall be calendared for hearing within 30 days from the expiration of the 180 day period, conditioned upon the moving party providing 10 days prior notice to the prosecuting agency. (e) Source of Bail Procedure When a Source of Bail Order pursuant to Penal Code section 1275 has been signed by a judge in a case, the following procedure must be followed by the defendant in calendaring the matter for hearing to show that "no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained: (1) Declarations and Proof Required The Request for Hearing must be accompanied by a declaration or offer of proof setting forth the following: (a) The bail bondsman, if applicable; (b) The source of the bond or bond premium, including name and address of person(s) proposing to pay said bond or bond premium, and (c) The source of the security or pledge, including the name and address of the owner, and description of the property. (2) Time for Filing The declaration or offer of proof must be filed and personally served on the prosecuting agency no fewer than three court days before the hearing; for example, for a hearing on Friday at 8:30 a.m., the declaration or offer of proof must be served and filed by Tuesday at 5:00 p.m. (3) Persons Required at Hearing At the hearing, the defendant must produce the bail bondsman, the person proposing to pay the premium, and the person proposing to provide the security for examination and cross-examination. Rule 10.01 amended effective July 1, 2026; previously amended effective July 1, 2018. RULE 10.02 ARREST AND SEARCH WARRANTS [REPEALED] Rule 10.02 repealed effective July 1, 2024; adopted January 1, 2017; amended effective January 1, 2020. RULE 10.03 CALENDARING CRIMINAL PROCEEDINGS (a) Location of Arraignment (1) In-Custody The initial court appearance or Arraignment for defendants who are in custody in the County Jail will be held at the San Luis Obispo Court location. (2) Out-of-Custody The initial court appearance or arraignment for defendants who are not in custody at the county jail and are charged with a felony or misdemeanor offense will be held at the San Luis Obispo Court location. (3) Felony Cases All defendants charged with a felony offense regardless of where the offense occurred must be arraigned at the San Luis Obispo Court location. Felonies on entry of a plea of not guilty will be set for a Preliminary Hearing in accordance with the requirements of Penal Code section 859b. (b) Date of Arraignment (1) Arresting agencies releasing persons prior to an arraignment calendar hearing must fix the date of the appearance of the person arrested in the proper location of this Court at a regularly scheduled arraignment calendar not more than four weeks for felony defendants and not more than 90 days for all other defendants from the date of such release. If a further appearance date has been set by the Court then the date of appearance fixed by the law enforcement agency must be that date. (2) Whenever an arresting agency releases a defendant and sets a court appearance date it must notify the clerk of the department in which the defendant is to appear. (c) Multiple Cases (1) Felony Defendants (a) Probation Violations If a defendant is charged with a felony offense, all pending misdemeanor probation violations will be transferred to the department where the felony case is pending. (b) Pending Misdemeanor Cases If a defendant in custody is charged with a felony offense and a separate misdemeanor offense, all pending misdemeanor cases will be transferred to the department where the felony case is pending. Rule 10.03 amended effective July 1, 2026. RULE 10.05 CALENDAR EVENTS: MISDEMEANORS (a) Arraignments The prosecutor shall give counsel or a self-represented defendant a copy of the complaint as well as any police reports contained in the court file at the arraignment. Absent good cause, pleas shall be entered within the time frame provided by Penal Code section 990. Following entry of a not guilty plea, a case will be set for a Pretrial Conference. (b) Motions Any pretrial motions, except in limine motions, must be noticed and heard prior to trial. (c) Pre-Trial Conferences The assigned prosecutor and defense counsel must discuss the case and attempt to resolve the case at the Pre-Trial Conference. (d) Trial Setting Conference If there is not a disposition of the case, a Readiness Conference and Trial will be set. All discovery is to be complete by this conference and all additional investigation such as blood re-analysis, shall have been completed when the trial date is set. (e) Court Trial If a Court Trial is requested at the Arraignment, it will be set within four weeks. A Pre-Trial Conference will only be set upon request. (f) Readiness Conference The attorneys who will be trying the case shall appear at the Readiness Conference in the assigned department and at the Courtwide Readiness Conference. (g) Continuance by Clerk (1) A clerk of this Court may, upon the request of the defendant or counsel and with notice to the prosecuting agency, continue the initial arraignment of a defendant who is not in custody for up to seven calendar days. (2) This authorization does not apply to any case in which a defendant has been charged with a felony. (3) This authorization does not apply to any case in which a defendant has been released on bail or is charged with a crime of violence that may result in the issuance of a protective order pursuant to Penal Code section 136.2. (h) Appearance by Counsel Pursuant to statutory authority (Penal Code section 977(a)(1)) and case law, a defendant may appear by counsel if the accused is charged with a misdemeanor only, except as provided in Penal Code section 977(a)(2) and (a)(3) or unless otherwise ordered to be present by the Court. Appearance by counsel without the defendant being present shall be deemed an appearance on behalf of the defendant. The failure of counsel to have all necessary authority and authorization to act for the defendant at any appearance is grounds for the Court to order the defendant’s personal presence at the next appearance. If a represented defendant is not present when the case is calendared for trial or other evidentiary hearing, the attorney of record shall notify the defendant of the date, time, and place of the trial or hearing. Rule 10.05 amended effective July 1, 2026; previously amended effective July 1, 2018. RULE 10.06 CALENDAR EVENTS: FELONIES (a) Early Disposition Program All felony arraignments, including supervision violation arraignments, will be heard in the Early Disposition Program department. Cases that do not settle will be assigned for all purposes to a specific department in the Criminal Team. The Criminal Team will be such judges as are assigned by the presiding judge. (Amended 1/1/08) (1) Case Assignments: Assignment for All Purposes Assignment to a judge for all purposes means assignment for all proceedings in the matter after initial arraignment on the complaint through trial and sentencing. For all purposes includes all court proceedings that apply in each case. (2) Judicial Disqualification Motions Any motions under Code of Civil Procedure section 170.6 must be filed within 10 days after the appearance of a party. Any motion under Code of Civil Procedure section 170.6 filed after being held to answer will be considered untimely, unless it is shown that the party did not have the opportunity to file it earlier. (b) Calendar of Events (1) Arraignment on Complaint Arraignments must proceed in accordance with Penal Code sections 858, 859, 859a, 859b, and 860. The prosecutor shall provide initial discovery with the complaint. Disposition discussions are encouraged. Seven to ten days will normally be allowed for a defendant to retain counsel of his or her choice. Following entry of a not guilty plea, the case will be assigned to a department for all purposes and set for a Pre-Preliminary Hearing and Preliminary Hearing in the assigned department. (2) Pre-Preliminary Hearing A Pre-Preliminary Hearing will be held to confirm readiness for the Preliminary Hearing and to provide an opportunity for discussions of case disposition. At this hearing, the parties should consider applicable diversion procedures. (3) Preliminary Hearing The Preliminary Hearing must be held pursuant to Part 2, Title 3, Chapter 7 of the Penal Code. Preliminary Hearings will be set in the department to which the case is assigned for all purposes. (a) Long Cause Preliminary Hearings Long Cause Preliminary Hearings are hearings with a time estimate of over one court day. They shall be set in their assigned department but shall also be set for a Courtwide Readiness Conference the Friday before the hearing date to confirm the parties’ readiness and the availability of court resources. Long Cause Preliminary Hearings may be heard in an available department other than the assigned department, but shall remain assigned to the assigned department for all purposes. (b) Speedy Preliminary Hearings Preliminary Hearings where no time waiver has been entered shall be set in the assigned department unless a court holiday prevents them from being heard in the statutorily required period. If that occurs, the case will be set for Preliminary Hearing in another available department but shall remain assigned for all purposes to the originally assigned department. (4) Arraignment on the Information When a trial court holds a defendant to answer on one or more felony charges, the prosecution shall file an information in accordance with the requirements of Penal Code section 860. The Arraignment on the Information shall be held within 15 days of the holding order unless the defendant requests to be arraigned on the information outside of that time frame and it is in the interest of justice to do so. (a) Attorney of Record Pursuant to Penal Code section 987.1, counsel who represented a defendant at the Preliminary Hearing or at the time the defendant was otherwise held to answer must appear with the defendant at the time of the Arraignment on the Information. Any request to be relieved as an attorney of record must be made at this appearance. An attorney seeking to be relieved must bring with him or her all previously received discovery material, or otherwise be prepared to deliver such material forthwith to new counsel upon the substitution of counsel. (b) Entry of Plea A plea of not guilty must be entered if a defendant represented by counsel fails to plead or demur. (c) Setting of Trial Dates The following dates will be set after a plea of not guilty, including a plea of not guilty by reason of insanity, unless good cause is found pursuant to Penal Code section 1049.5: (1) Trial, giving priority to any case entitled to priority by law; and (2) Filing and service of motions and responses and hearing thereon. (3) The parties may request that a matter be set for a Trial Setting Conference in lieu of being set for trial. They must be prepared to articulate good cause to not set a trial date. (d) Pace of Litigation In requesting and setting court dates, the parties and the court must be mindful of the felony case processing time goals set forth in the Standards for Judicial Administration. (See Standards of Judicial Administration 2.1, 2.2(j).) (5) Trial Setting Conference (6) Counsel must meet and confer prior to each Trial Setting Conference date and discuss, at a minimum, proposed trial dates, any possible steps toward resolution, and the status of discovery. Counsel must be prepared to meaningfully discuss these issues at each Trial Setting Conference. (a) Motions Counsel must consult the court with opposing counsel included in communications for available dates prior to filing motions requiring an evidentiary hearing. All motions except motions in limine must be calendared at least one week before the Readiness Conference in the assigned department. (b) Motion to Set Aside Information A Motion to Set Aside the Information pursuant to Penal Code section 995 will be heard by the assigned department if that judge did not hear the Preliminary Hearing, and by another criminal department if the assigned judge issued the holding order. (7) Readiness Conference A Readiness Conference must occur prior to a Jury Trial. For each case set for Jury Trial for the following week, trial counsel must notify the court of trial readiness at the Readiness Conference, including matters of attorney availability, compliance with Penal Code section 1054 et seq, exhaustion of settlement negotiations between trial counsel, and preparedness to argue motions in limine and conduct jury selection without delay upon confirmation of trial. (8) Motions to Continue All Motions to Continue matters set for Jury Trial shall be filed at least two days before the Courtwide Readiness Conference absent good cause. (9) Motions in Limine All motions in limine shall be filed by the start of the Courtwide Readiness Conference before the scheduled Jury Trial or by the deadline set by the trial department, whichever occurs first. The parties shall provide a courtesy copy to opposing trial counsel and the Court in that same time frame. (10) Jury Trial Trial will proceed pursuant to Part 2, Title 7, Chapter 2 of the Penal Code. Jury Trials will be assigned court resources based on the priorities set forth in Penal Code section 1048 and the last day for cases with no time waiver. (11) Supervision Violation Hearing Hearings on supervision violations must be heard as early as possible. Rule 10.06 amended effective July 1, 2026; previously amended July 1, 2018. RULE 10.07 LAW AND MOTION PROCEEDINGS (a) Location All motions except Penal Code section 995 motions will be held before the judge to whom the case is assigned. Upon filing a Motion to Set Aside the Information pursuant to Penal Code section 995, the motion will be assigned to another judge on the Criminal Team unless the assigned judge did not preside over the Preliminary Hearing. (b) Notice of Motion Each notice of motion and motion shall be in writing and filed in each case number, when multiple case numbers are involved. The notice of motion and motion shall state the grounds for the motion and specify the date, department, and time for the hearing as well as an anticipated time estimate for the length of the hearing. The notice of motion and motion, as well as any written opposition and reply, shall be served and filed pursuant to California Rules of Court, rule 4.111, subdivision (a), unless such requirement is shortened by court order or waived by the opposing party. All moving papers shall be served and filed with the notice of motion. All papers filed in law and motion matters, and all motion proceedings, must comply with the applicable statutes, California Rules of Court, and these Criminal Court Rules. Cited authority must conform to the California Rules of Court, rules 1.200 and 2.100 through 2.306. Failure of either the moving or opposing party to file and serve points and authorities in support of their arguments may be construed by the Court that the motion is without merit, or as a concession to the merits of the motion. References to exhibits or declarations must state the number or letter of the exhibit and the specific page, paragraph, or line number. (Subd (b) amended effective January 1, 2025.) (c) Motions to Join All motions to join must be made in writing. Any party seeking to join in any motion must set out the relevant facts and law as it relates to the joining party. (d) Date of Hearing Any motion requiring a hearing must be noticed for a date certain after confirming such date with the court clerk in the assigned department prior to noticing the motion. The motion must be noticed and heard prior to the Readiness Conference for misdemeanors and felonies. (e) Format The first page of each motion must specify immediately below the number of the case: (1) The date, time, and location, if ascertainable, of any scheduled or noticed hearing; (2) The anticipated length of the hearing; (3) The statutory basis for the motion; (4) The nature or title of any attached document other than an exhibit; and (5) The trial date, if set. Documents bound together must be consecutively paginated. (f) Penal Code Section 1538.5 Motions (1) Motions to Unseal, Quash, or Traverse a Search Warrant (a) Motions to unseal a search warrant affidavit or any part thereof shall identify the search warrant number associated with the affidavit. (b) Motions to quash or traverse a search warrant will be heard before the judge who signed the warrant, if available, in accordance with Penal Code section 1538.5, subdivision (b). If that judge is not available, the motion will be set in the assigned department. (c) When an accused is seeking to quash or traverse a search warrant, a copy of the search warrant and affidavit must be provided and attached to the moving papers except for any portions of an affidavit that remain sealed by order of the court. (2) Motions to Suppress or Return Evidence (a) Motions by defendant to suppress or return evidence on a felony case may be heard in conjunction with and at the same time as a Preliminary Hearing if restricted to the evidence to be presented by the prosecution at the Preliminary Hearing or on a date set after the filing of an information in a felony case or a complaint in a misdemeanor case.Timing. A written noticed motion to suppress or return evidence to be made at the Preliminary Hearing and any written opposition shall be filed in accordance with the time frames provided in Penal Code section 1538.5, subdivision (f). If a Penal Code section 1538.5 motion is made after an information is filed on a felony case or after the filing of a complaint on a misdemeanor case , all moving papers must comply with Rule 10.07(b). (b) Contents. A written noticed motion pursuant to Penal Code section 1538.5 must specifically describe and list the evidence which is the subject of the motion to suppress; and must specifically state the theory or theories which must be relied upon and urged for the suppression of the evidence; and cite the specific authority or authorities which will be offered in support of the theory or theories and must set forth a statement of facts upon which such theories is based upon which suppression of the evidence is urged in accordance with Penal Code section 1538.5, subdivision (a)(2). (c) Hearing. The defendant must be prepared to prove standing to object, and, in instances of warrantless searches, must be prepared to prove: (1) That a seizure of the evidence took place; and (2) That it was done without a warrant. (g) Requests for Orders Shortening Time Orders shortening time must be signed by the judge hearing the motion or a designee. The declaration in support of the request for an order shortening time must set forth good cause and must state facts concerning notice to, and the position of, opposing counsel, co-counsel, and counsel for co-defendants. Notice of an 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. (h) Subpoenas Duces Tecum All subpoenas duces tecum in criminal cases must comply with Penal Code section 1326 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. (i) Juvenile Records In criminal prosecutions the district attorney has an affirmative duty to disclose exculpatory and potentially exculpatory information pursuant to Brady vs. Maryland, 373 U.S. 83 (1963). Prosecutors are authorized pursuant to Welfare and Institution Code Section 827(a)(1)(B) to inspect the case files of juveniles. In the case where the District Attorney Office has prosecuted the juvenile, they are already in possession of those files. Professional competence, and compliance with Brady obligations, with a view to the expeditious and effective ascertainment of the truth regarding the matters involved, the prosecutor’s office shall first, in all cases, review the Welfare and Institutions Code, Section 600 case files and file a Welfare and Institutions Code, Section 827 petition in accordance with the law, with disclosure to the defense. In cases where a foreign jurisdiction has information that would be discoverable pursuant to Brady, the prosecution shall, as near to the time of the filing as reasonably practicable, notify the defense attorney of the existence, or possible existence of Brady material, and the jurisdiction where it would be sought. Rule 10.07 amended effective July 1, 2026; previously amended effective July 1, 2010. RULE 10.08 CONTINUANCE POLICY The welfare of the People of the State of California requires that all proceedings in criminal cases must be set for trial and heard at the earliest possible time. (Pen. Code, § l050.) Therefore, it is the policy of this court to maximize the use of judicial time and avoid continuances, resetting and unnecessary trailing of cases. Any motion to continue in a criminal proceeding must comply with Penal Code section 1050. (a) Responsibilities of Counsel (1) Counsel's attention is directed to Rules 1.1 and 1.3 of the Rules of Professional Conduct of the State Bar of California regarding competence and diligence of counsel. (2) Counsel should not set a case if they are committed to another trial during that period or if they are going to be on vacation. This includes cases set in Superior Court and cases in different branches and departments of this Court. Counsel should not schedule other cases to begin if they have another matter set in this Court. Neither reason constitutes good cause for a continuance under Penal Code section 1050. (3) Motions, pretrials and trials are to be heard at the time and date set. (4) Substitute Counsel An attorney who appears for another attorney is representing the defendant then before the Court. An attorney who makes such an appearance is required to do so competently. Such an attorney is expected to be prepared to carry out and perform any duties required at that calendar event; should a continuance be required it is counsel's responsibility to have complied with this policy and to know when the other attorney will be available to appear; if a case is not to be tried, counsel should have authority to dispose of the case. Should these rules not be complied with, sanctions may be applied against this attorney pursuant to sections 128.5 and 177.5 of the Code of Civil Procedure. (5) Counsel should not delay in filing and serving proper motions. Failure timely to file or serve without good cause may result in the imposition of sanctions. (6) Counsel should subpoena witnesses as soon as a case is set for hearing or trial. (7) Counsel should not accept representation of a defendant unless there is sufficient time to adequately prepare before the next scheduled event. Counsel should not agree to appear for another attorney unless they are able to comply with Rule 10.08(a)(4). (b) Motions to Continue Motions to continue must comply with Penal Code section 1050. Courtroom events will be continued only when circumstances not within the control of the parties and which were not foreseeable at the time of setting the date of the event, necessitate a continuance. In ruling on motions to continue, the following factors will be taken into consideration: (1) The time when the need for the continuance arose, and the diligence of counsel in bringing the need for a continuance to the attention of the Court and opposing counsel at the earliest possible date and in attempting to avoid a continuance; (2) The proximity of trial, the age of the case, the established time limits for processing cases, and the nature of any previous continuances or prior orders entered in the case; (3) The earliest possible date all parties and the court will be read to proceed; (4) Whether the continuance may be avoided by substitution of attorneys or witnesses, or by the use of stipulations as to testimony, and (5) The injury or inconvenience caused to the party not requesting the continuance. (c) Good Cause Continuances will only be granted on the showing by competent evidence of good cause. The facts proven justifying good cause and the length of continuance must be set forth on the record. Good cause is not shown by the following: (1) Counsel's vacation or commitment to another trial or proceeding except as provided in Penal Code section 1050, subdivision (g), (2) Failure of a client to adhere to a financial agreement with his attorney, (3) Failure to expeditiously prepare for trial, (4) A witness's vacation or attendance at school unless this is accompanied by a showing of the witness's unavailability, that the testimony is material and necessary, and that the party seeking the attendance exercised due diligence to secure the presence of the witness, (5) Informal diversion, (6) A civil compromise pursuant to Penal Code section 1378, (7) Other pending cases, and (8) Negotiations not yet completed. (d) No Stipulated Continuances No continuance will be granted solely because all parties agree to the continuance when there is not demonstrated good cause for the continuance. (e) Trailing Should it be necessary that cases be trailed for hearing or trial, they will be trailed to the next available setting unless the parties demonstrate good cause to trail the case to a different date. When a case is trailing, the defendant and all counsel, except in extraordinary circumstances, must be present when the case is called. Rule 10.08 amended effective July 1, 2026; previously amended effective July 1, 2001. RULE 10.09 PHOTOGRAPHING OR RECORDING COURT PROCEEDINGS All photographing, recording and broadcasting in the courtrooms of this Court will be in accordance with California Rule of Court 1.150 as modified by the following: (a) Prohibition of Use of Camera or Recording Equipment in Courthouse. No one may use a camera or other recording equipment to photograph or record video or audio in any portion of the courthouse except as permitted by Rule 1.150 of the California Rules of Court, or in such area, as designated by the Presiding Judge, located in the common area on the third floor above the Jury Commissioner's Office known as the Third Floor Rotunda, or as permitted by order of a judge as set forth herein. This applies not only to the use of cameras, but also to the use of camera devices such as camera-enabled cellular telephones and other camera-enabled or digital image-capture devices of any kind. Rule 10.09 amended effective July 1, 2026; previously amended effective January 1, 2010. RULE 10.10 TRIALS (a) Location Jury Trials in all criminal cases will be held at the San Luis Obispo court location unless a motion for change of venue is granted. (b) Jury Commissioner Unless otherwise ordered by the trial court, the jury commissioner shall address hardship excuses prior to the random selection of jurors for jury panels to be sent to courtrooms for voir dire in accordance with California Code of Civil Procedure sections 204 and 218 et seq. (c) Trial Court Rules All parties, witnesses, and counsel shall comply with the rules of the Trial Court. Rule 10.10 amended effective July 1, 2026; previously amended January 1, 2012. RULE 10.11 SENTENCING (a) Probation Modification (1) Notice Requirements The court requires at least 10 days’ notice to calendar a motion for modification of probation. The request to place the motion on calendar must be made by the defendant or by counsel, and for all requests of modification of sentence, notice must be sent to the District Attorney’s Office as well as the Probation Department in cases in which formal probation is granted before such request will be considered or calendared for hearing. Proof of such notice must be attached to the original request filed with the court. Failure to do so will result in the request being treated as an improper ex parte communication and the request will not be considered by the court until proper notice is given. (2) Jail Time Modifications Request for modification of jail time remand date may be calendared provided that not more than seven days have elapsed since the failure to appear at the jail and/or probation has not been revoked and a bench warrant issued. (Amended 1/1/08) (b) Fine Payments (1) Fine Payments by Installment The Court will accept partial payments on criminal fines as ordered by a judicial officer. Court ordered payment plans will include specified due dates and minimum amounts of the payments. (2) Cash Bail In all cases wherein the defendant has posted cash bail and the court imposes a sentence which includes a fine payable in installments, any cash bail must be applied toward the fine. This must not relieve a defendant of making payment at such time and in such amount as ordered by the court, but must be credited to reduce the fine balance. (3) Failure to Pay Fine Fines due on traffic cases and criminal cases with summary or bench probation without Victim Restitution orders may be referred to a collection agency for non-payment. Penal Code section 1214.1 authorizes courts to “impose a civil assessment of up to one hundred dollars ($100) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or a portion of a fine ordered by the court or to pay an installment of bail as agreed to under section 40510.5 of the Vehicle Code.” It shall be the policy of this court that the civil assessment fees shall not be imposed pursuant to this statute. (Subd (b) amended effective July 1, 2024; previously amended effective July 1, 2022) (c) Conditional Sentence Informal probation, summary probation, and bench probation are conditional sentences as defined in Penal Code section 1203. (d) Jail Sentences - Credit for Time Served Unless otherwise indicated by a sentencing judge, when a defendant is ordered to serve custody time in the county jail or state prison either as a sentence or condition of probation, the defendant must be deemed entitled to credit for any days actually served in custody and any days of conduct credits accrued by statute. Where possible, the sentencing judge must determine the total number of actual days to be credited to a defendant's time so that the date of admission and release from custody can be specified. Rule 10.11 amended effective July 1, 2026; previously amended effective July 1, 2018. RULE 10.12 TRAFFIC (a) Traffic School (1) Eligibility This Court will permit those eligible pursuant to California Rules of Court, Rule 4.104, to attend a California Department of Motor Vehicle approved traffic school as a means of obtaining a confidential traffic school conviction. (2) Procedure The traffic citation or complaint will be reported to the Department of Motor Vehicles as a confidential traffic school conviction upon the presentation of any required fees by the date specified for completion. (a) Traffic School may not be attended unless authorized by the Court. (b) Continuance by Clerk A clerk of this Court may upon the request of a defendant or counsel continue the initial arraignment of a defendant except for defendants released on bail. (c) Counter Arraignment by Counsel (1) The Clerk’s office is authorized to accept local form Counter Arraignment by Counsel on infraction cases from retained attorneys. (2) Counter Arraignment by Counsel forms cannot be modified. Modified forms will not be accepted. (3) No motions may be submitted with a Counter Arraignment by Counsel form. (4) Counter Arraignment by Counsel will include the following actions on the defendant’s behalf: (a) Waiver of formal arraignment. (b) Waiver of time for trial. (c) Entry of not guilty plea on all charges. (5) The Clerk’s office will take the arraignment off calendar and notify parties. (Former Subd (a)(2)(A) repealed effective January 1, 2022, Subd (a)(2)(B) relettered as Subd (a)(2)(A)) (Previously amended effective July 1, 2018) RULE 10.13 TIME STANDARDS It will be the goal of the Court to dispose of cases within the following time limits. Preliminary Hearing concluded within 30 days of first appearance and conviction or acquittal within 60 days of the date of filing the information or indictment. Misdemeanor: Conviction or acquittal of defendant or dismissal of case within 90 days of first appearance. Attorneys substituting into a case will be expected to handle the case within these time standards. (Amended 7/1/02) RULE 10.14 TRIAL BY DECLARATION As provided in Vehicle Code Section 40902, a defendant may elect to have a trial by written declaration upon any alleged infraction violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code, which does not require a mandatory appearance. (Amended 7/1/18) RULE 10.15 COUNTER ARRAIGNMENTS (a) Counter Arraignment Defined A counter arraignment is a procedure whereby a defendant charged with violations of law may offer a plea of guilty or no contest by contacting the clerk without the necessity of appearance in court. When an appropriate waiver of rights form has been executed by the defendant and approved by a clerk of the court, it is a judgment of the court. (b) Charges Eligible for Counter Arraignment Any infraction not requiring a mandatory appearance is eligible for a counter arraignment. (c) Bail and Fine The fine imposed after a counter arraignment must be equal to the bail as set in the bail schedule. (d) Delayed Payments and Community Work Service Upon entering a guilty plea the fine can be deferred for 90 days or the defendant can request monthly payments of $100 per month. Clerks have discretion to reduce the payment to $50 per month if defendant says he or she cannot afford the higher payment. The balance of the fine may be satisfied in whole or in part by performing community work service at the current rate published by the court. (e) Community Work Service (CWS) (1) Responsibility: A person choosing to perform community work service to satisfy a fine must complete the hours with a registered non-profit (501(C)(3)) organization as a service to the community. Proof of these hours must be submitted to the court in the required format outlined on the court’s website. (2) Hourly Rate: Pursuant to Penal Code Section 1209.5(c)(1), the hourly rate applicable to community service performed shall be double the minimum wage set for the applicable calendar year, based on the schedule for an employer who employs 25 or fewer employees. If the hourly rate for CWS includes cents, the court will round up to the next whole number. Rule 10.15 amended effective January 1, 2026; previously amended July 1, 2018, January 1, 2022. RULE 10.16 APPLICATION FOR WRIT OF HABEAS CORPUS OR CORAM NOBIS An application for writ of habeas corpus, coram nobis, mandamus or prohibition in a criminal proceeding must be presented to the Criminal Department except petitions for writs of mandamus, prohibition, or review (certiorari) in a case charging a misdemeanor or infraction must be addressed to the Appellate Division of the court pursuant to Rule 14.05. (a) Where to file Write of Habeas Corpus Petitions (1) All Writ of Habeas Corpus Petition including Ad Litem must be filed through the Criminal Department. (2) Petition for Writ of Habeas Corpus pursuant to W&I code 5275 must be filed with Civil Department. (b) Attorneys must file Habeas Corpus petitions electronically. A link to one of the filers for this court is available at the link: http://www.odysseyefileca.com/service-providers.htm (c) A writ petition must comply with all applicable statutes and the California Rules of Court. (d) Writs involving Felony matters prior to the defendant being held to answer – In Felony cases where the ruling, order or other matter arose prior to the completion of the preliminary hearing, petitions for writs of mandate, prohibition, review, or any other petition for extraordinary relief must be filed with the Appellate Division through the Civil Department. Amended and relettered effective January 1, 2022, previously amended effective July 1, 2018 RULE 10.17 PETITIONS FOR DISMISSAL PURSUANT TO PENAL CODE SECTION 1203.4, 1203.4A, 1203.41, 1203.43, 1203.49 (a) Applicable Fees (1) [Repealed pursuant to AB 134 effective July 1, 2023] (Subd(a) amended effective July 1, 2022.) (b) Misdemeanor and Infractions (1) Petitions are initially handled ex parte. The matter will be placed on calendar only by order of the reviewing bench officer. (2) Judicial Council forms CR180 and CR181 are required. (3) Clerk will review the documents for completeness. If complete, the prosecuting attorney will be notified. The prosecuting attorney has 30 days to respond. After 30 days, the petition will be submitted to the assigned Bench Officer for review and signature. (4) Notification is provided by email to attorneys or unrepresented defendants. If email is not available for an unrepresented defendant, a self-addressed, stamped envelope must be provided. (c) Felonies (1) A formal motion placing the matter on calendar is required on Penal Code Section 17(b), 1203.4, 1203.4(a), 1203.41, 1203.43, 1203.49 requests. (2) The CR180 Judicial Council form can accompany the formal motion but cannot substitute for the motion. The CR181 Order for Dismissal must be submitted at the time of filing or at the motion court date. Rule 10.17 amended effective July 1, 2019. RULE 10.18 ANCILLARY CRIMINAL DEFENSE EXPENSES (a) Ancillary Services The right to ancillary services arises only when an indigent defendant demonstrates that funds are “reasonably necessary” for their defense. (Corenevsky v. Superior Court (1984) 23 Cal.3d 307.) This rule will refer to these reasonably necessary expenses as “ancillary defense expenses.” (b) Scope This rule establishes the requirements for the payment of reasonably necessary expenses that appointed or retained counsel incur in defending persons who are indigent, and that self-represented defendants incur in their defense if indigent. (c) Prior Approval Required All funds expended for ancillary defense expenses must have prior approval by Court order. Funds approved for a specific purpose may not be expended for another use without prior Court approval. Claims for payment of ancillary defense expenses incurred without prior Court approval will not be paid. (d) Required Submission All requests for ancillary defense services shall be submitted by ex parte application to the Clerk of the Court for consideration by the Assistant Presiding Judge. The application must comply with the rules and guidelines for appointed ancillary defense services specified on the Court’s website (https://www.slo.courts.ca.gov/ancillary-services). Rule 10.18 adopted effective July 1, 2026.
CHAPTER 10 – PROCEDURAL RULES: CRIMINAL AND TRAFFIC RULE 10.00 FILING CRIMINAL COMPLAINTS AND CITATIONS All criminal complaints, informations, and citations filed in the Superior Court of California, County of San Luis Obispo, must comply with the Court Filing Procedures. (Amended 7/1/15) RULE 10.01 BAIL (a) Requests for Increase or Reduction When bail has been set by a judge before the initial Ar
Reviewer note: Composed 2026-10-08 (California T4 San Luis Obispo build 2026-10-08) from BenchPath custody ca/t4/ca-san-luis-obispo/docs/local-rules/local-rules-be-effective-july-1-2026.pdf (the court's rule book, “Rules of the Superior Court of California, County of San Luis Obispo, Effective July 1, 2026”, as fetched 2026-10-08; 1342001 bytes, sha256 529d32bded120bc75a274269fb81bc94001fed283619190951cbc84909e80ffe; 144 pages) with the shared verbatim composer (v2 reflow) over the rule body (PDF pages 11 to 130, printed 1 to 120): each page's running header (“San Luis Obispo Superior Court”) and printed page number removed as chrome; lines reflowed into the rules' paragraphs; the one struck word in the book (Rule 11.1902(c), read on the page image) set aside as chrome with the composer's strike_out, so the card reads the rule as amended; the body cut at the chapter headings (“CHAPTER N –”), 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, Appendix I (the schedule of fees), Appendix II (the local forms lists) and the index belong to no chapter; Chapters 6, 8, 20, 21, 22, 23, 24 and 29 print only repealed rules and have no card; the book has no Chapter 17. Review note: Published as printed: Rule 10.08 cites “(Pen. Code, § l050.)”. The court's Notice of Local Rules Update of October 5, 2026 proposes amendments to Rules 10.03, 10.05 and 10.07 effective January 1, 2027, distributed for comment for 45 days (a review task). Rule 10.18(d) requires ancillary defense expense applications to comply with the guidelines on the court's Ancillary Services page (carded).
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.