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Division IX (Rules 9.1 to 9.12): pretrial motions in criminal cases (Rule 9.1); sentencing (Rule 9.2); continuances, only in open court (Rule 9.3; Penal Code Section 1050); the reporter's transcript on appeal, commenced upon a verdict of guilty in all felony trials (Rule 9.6); trial by declaration for traffic infractions (Rule 9.7); the confidentiality of victim or witness information in law enforcement, arrest or investigative reports (Rule 9.8; Penal Code §964); traffic pre-trial discovery motions (Rule 9.9); the local criminal felony and misdemeanor bail schedules, effective from July 1 to June 30 (Rule 9.10; Penal Code sections 1269b and Rule 4.102); brief preliminary evaluations of the adjudicative competency of a criminal defendant (Rule 9.11); and court reporter availability in criminal actions (Rule 9.12). Rules 9.4 and 9.5 are repealed.
California > First Appellate District > San Mateo County > Superior Court of California, County of San Mateo
DIVISION IX CRIMINAL DEPARTMENT Rule 9.1 Pretrial Motions in Criminal Cases (a) Notwithstanding the minimum time limits set out in the California Rules of Court, all pretrial motions, accompanied by points and authorities, shall be served and filed at least fifteen (15) calendar days, all papers opposing the motion at least five (5) court days, and all reply papers at least two (2) court days before the time of the hearing. “Where a defendant has previously waived the right to a speedy trial pursuant to Penal Code §1382, the defendant shall provide all parties at least two (2) court days notice of any request to withdraw his or her waiver in open court.” See Pen. Code §1382(a)(3)(A); Daws v. Sup. Ct. (1st Dist. 2019) 42 C.A. 5th 81. (b) Motions shall be in writing unless good cause to the contrary is shown, within the time deadlines and other provisions described above. Motions shall be heard upon application and as set by the court. (c) In misdemeanor cases in which the defendant has waived the right to a speedy trial, all pretrial motions shall, if possible, be set and heard prior to the date of the pretrial conference. When such motions cannot be so calendared, a later hearing date will be permitted only when a written declaration setting forth good cause for the late hearing has been filed and approved. Such declarations should be filed prior to the date of the pretrial conference and served on the opposing party. (d) In misdemeanor cases, if a motion to strike a prior conviction cannot be timely heard due to lack of documentation, it will then be heard at the time of sentencing. (e) Written motions filed pursuant to Penal Code Section 1538.5 shall specifically describe and list the property or evidence which is the subject of the motion to suppress. Furthermore, the motion and supporting documents shall specifically state the theory or theories relied upon, and cite the specific authority or authorities offered in support of such theory or theories. (Adopted, effective July 1, 1996) (Amended, effective July 1, 2009) (Amended, effective January 1, 2026) Rule 9.2 Sentencing (a) In all criminal matters, the judge who indicates a sentence upon which a plea is subsequently entered or who hears a trial, either jury or non-jury, normally shall impose sentence in that case. (b) The judge imposing sentence may order that a case be returned to that judge for all subsequent proceedings, including, but not limited to, modifications and violations of probation. (Adopted, effective July 1, 1996) Rule 9.3 Continuances A trial date or evidentiary hearing may be continued only in open court, both sides being represented. Written notice of a motion to continue as required by Penal Code Section 1050 may be waived if the motion is known to be unopposed, and the proffered good cause is not contested. (Adopted, effective July 1, 1996) Rule 9.4 Written Arraignments REPEALED (Adopted, effective July 1, 1996) (Amended, effective July 1, 2003) (REPEALED, effective July 1, 2024) Rule 9.5 Investigative Reports -- Discovery (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2003) Rule 9.6 Preparation of Reporter’s Transcript on Appeal in Criminal Cases The reporter shall commence preparation of the transcript upon a verdict of guilty in all felony trials. If a notice of appeal has not been filed within 60 days of sentencing the reporter shall cease preparation of the reporter’s transcript and submit a bill for the completed pages of the transcript. Rule 8.616(b) of the California Rules of Court shall otherwise apply. (Adopted, effective July 1, 1996) (Amended, effective January 1, 2007) Rule 9.7 Trial by Declaration for Traffic Infractions In order to expedite the handling and disposition of all traffic infractions, any defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, subject to the provisions of Vehicle Code Section 40902. Testimony and other relevant evidence may be introduced in the form of the notice to appear issued pursuant to Vehicle Code Section 40500, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant. If the defendant is dissatisfied with a decision of the court in a trial by declaration, the defendant shall be granted a trial de novo. (Adopted, effective January 1, 1998) Rule 9.8 Confidentiality Of Victim Or Witness Information In Law Enforcement, Arrest Or Investigative Reports [Penal Code §964(C)] A. Law Enforcement Reports Impacted 1. Law Enforcement, arrest or investigative reports that contain confidential personal information regarding a witness or victim are to be sealed pursuant to Penal Code section 964(a). These reports will be sealed once they are filed or lodged with the Court if they are submitted for the following purposes: a) If the report is being submitted by a prosecutor in support of a criminal complaint, indictment, or information, or b) If the report is submitted by the prosecutor or law enforcement officer in support of a search or arrest warrant. 2. This Rule is an exception to the California Rule of Court 243.1, as provided by paragraph (a)(2) of Rule 243.1. 3. Pursuant to Penal Code §964(c), this procedure will not be construed to impair or affect any of the following: a) Provisions of Chapter 10 of Title 6 of Part 2 (commencing with Penal Code §1054); b) Procedures regarding informant disclosure provided by Evidence Code §§ 1040 to 1042 inclusive, or as altering procedures regarding sealed search warrant affidavits as provided by People vs. Hobbs (1994) 7 Cal4th 948; or c) A criminal defense counsel’s access to unredacted reports otherwise authorized by law, or the submission of documents in support of a civil complaint. B. Access to Sealed Reports Any individual or agency, who does not have access to the report as allowable by law, may obtain access to a redacted version of the sealed report by following these procedures: 1. File with the Court an Ex Parte Application for an Order to view the report. This Ex Parte application must state the case number, title of the case, and the reasons and basis for your request to gain access to the sealed report. 2. Please see Local Rule 3.19 for filing, scheduling and hearing procedures. All Ex Parte Applications for an Order to view a sealed law enforcement report containing victim/witness information under this Rule must be scheduled for the Presiding Judge’s Ex Parte hearing calendar that is heard daily between 2:00 PM to 3:30 PM. 3. Individuals who obtain an order granting access to a sealed report pursuant to this Rule shall present the order at the Criminal Court Clerk’s Office to request the report. The Clerk’s office will arrange to obtain a copy of the redacted report and will notify the applicant when the report is available for pick up. (Adopted, effective July 1, 2005) Rule 9.9 Traffic Pre-Trial Discovery Motions. An informal discovery request can be made anytime after a case is filed. 1. The defendant or his/her attorney must make this request in writing and the original is to be filed with the police agency that issued the citation. 2. The citing police agency has 15 days to respond and provide the requested material and information. 3. A copy of the informal request shall be filed with the District Attorney’s Office who in turn will provide the Court Clerk’s office Traffic Division with a copy of the request. 4. If the police agency does not respond to the request within 15 days of service, the defendant may seek a court order to compel Discovery. 5. The motion to compel discovery must be filed at the earliest possible date and at least five court days prior to the trial date. Written notice must be served on all parties at least five court days prior to the hearing. The original written motion to compel discovery and the proposed order should be filed in the Court Clerk’s office Traffic Division with a copy served on the police agency that issued the citation and the District Attorney’s Office. The motion should indicate a hearing date that is before the trial date. (Adopted, effective July 1, 2006) RULE 9.10 LOCAL CRIMINAL FELONY AND MISDEMEANOR BAIL SCHEDULES These procedures and schedule for adoption of local felony and misdemeanor bail schedules, hereinafter referred to as “local bail schedules”, are adopted pursuant to California Penal Code, sections 1269b (c) and (d) and California Rules of Court(CRC), Rule 4.102. These uniform countywide bail schedules will be used for setting bail at all times provided by law. A. The local bail schedules are effective from July 1 to June 30 of the following year. B. Judicial officers of this court designated by the Presiding Judge will review and revise the local bail schedules annually and submit their revisions to the Judges Committee for review and approval. The proposed revised local bail schedules will be reviewed and shall be adopted by a majority of the judicial officers at the judges April meeting. C. Amendments to the local bail schedules may be made during the year at any time upon a majority vote of the judicial officers of this court. D. Copies of the local bail schedules shall be sent to the officer in charge of the county jail and of each city jail within the county, to each judicial officer of this court and to the Judicial Council [PC § 1269b(f), CRC, Rule 4.102]. (Adopted and effective January 1, 2008) Rule 9.11 - Brief Preliminary Evaluations of the Adjudicative Competency of a Criminal Defendant (a) Definition. A brief preliminary evaluation of adjudicative competence shall be conducted by a qualified mental health expert, and is designed to assist the Court in the earliest determination of whether a criminal defendant is clearly competent or clearly not competent to stand trial and assist counsel. (b) Preliminary Opinions by Evaluator. A brief preliminary evaluation shall address the following questions: (1) Is the defendant clearly able to understand the nature of the criminal proceedings in a rational manner or is the defendant clearly unable to understand the nature of the criminal proceedings as a result of a mental disorder? (2) Is the defendant clearly able to assist counsel in the conduct of a defense in a rational manner or is the defendant clearly unable to assist counsel in the conduct of a defense as a result of a mental disorder? (c) Written Reports. A qualified mental health expert’s report of a brief preliminary evaluation shall be in writing and shall include the following and is due in court within a reasonable time from the date of the order (subject to the appointing judge’s discretion in consultation with the appointed expert): (1) Defendant’s name, case number(s), date of evaluation and report, length of current incarceration at the time of interview, methods of evaluation, evaluator’s signature. (2) The evaluator’s opinions with respect to (b)(1)&(2) and the reasons for the opinions. (3) The defendant’s observed symptoms, behaviors and functioning relevant to the opinions. (d) Application. This local rule is intended to comply with Rule 4.130(a)(3) of the California Rules of Court, so that Brief Preliminary Evaluation Reports prepared in accordance with this rule need not comply with Rule 4.130(d)(2). (Adopted, effective January 1, 2019) (Amended, effective July 1, 2020). Rule 9.12 Court Reporter Availability in Criminal Actions (a) Unavailability. (i) The services of official court reporters are not normally available during regular court hours for the following criminal departments and calendars: misdemeanor court trials and jury trials, misdemeanor pretrial motions and motions in limine, misdemeanor out-of-custody arraignments, misdemeanor pretrial conferences, misdemeanor jury trial readiness misdemeanor sentencings, misdemeanor domestic violence reviews, misdemeanor domestic violence pretrial conferences, misdemeanor Penal Code Section 1370 proceedings, traffic arraignments, traffic court trials, traffic night court, and misdemeanor cases in collaborative courts such as Military Diversion Court, Drug Court, Treatment Court, Bridges, Pathways, and DUI Court. (ii) Pursuant to Government Code Section 69957, when a court reporter is not available, the Court will use and provide electronic recording of misdemeanor court trials and jury trials, misdemeanor pretrial motions and motions in limine, misdemeanor out-of-custody arraignments, misdemeanor jury trial readiness, misdemeanor pretrial conferences, and misdemeanor domestic violence pretrial conferences, misdemeanor domestic violence reviews, and misdemeanor cases in collaborative courts such as Military Diversion Court, Drug Court, Treatment Court, Bridges, Pathways, DUI Court, and Penal Code 1370 proceeding. (b) Available. The services of official court reporters are normally available during regular court hours for all other criminal departments and calendars, not identified in subsection (a). (Adopted effective January 1, 2020; Amended effective July 1, 2022; Amended effective January 1, 2023.)
DIVISION IX CRIMINAL DEPARTMENT Rule 9.1 Pretrial Motions in Criminal Cases (a) Notwithstanding the minimum time limits set out in the California Rules of Court, all pretrial motions, accompanied by points and authorities, shall be served and filed at least fifteen (15) calendar days, all papers opposing the motion at least five (5) court days, and all reply papers at least two (2) court days befo
Reviewer note: Composed 2026-10-08 (California T4 San Mateo build 2026-10-08) from BenchPath custody ca/t4/ca-san-mateo/docs/local-rules/localrules.pdf (the court's rule book, “Local Court Rules As Amended Effective July 1, 2026”, as fetched 2026-10-08; 2288146 bytes, sha256 339b824c762c382bbe9451825137a370ed61c341ed5b7f53b448b46bb3dcca2b; 234 pages) with the shared verbatim composer (v2 reflow) over the Introduction and Divisions I to XI (PDF pages 33 to 210, each division's contents pages left out): each page's running header (“Superior Court of California, County of San Mateo”), its running label (the division's label, the page number and the page's revision date) and each division's “Return to Table of Contents” link box removed as chrome; lines reflowed into the rules' paragraphs; seven rule citations the reflow broke at a line end rejoined, the Court Schedule of Attorney Fees (Rule 6.1.1; a table printed without rules) set one printed row a line, and sixteen paragraph and heading breaks the reflow ran together set back - among them Division III's headings 3.8, 3.9 and 3.13, printed without the word “Rule” (24 whitespace-only fixes); Divisions II, IV and VI cut at their chapter headings, which reassemble them (Division II's Chapter 3 is “[RESERVED]”: its heading alone, no card); no struck character (the strike report); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the filing instructions, the List of Currently Effective Rules, the divisions' contents pages, Attachment I (the local court forms list) and the index belong to no chapter.
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.