Loading…
Division Five (Criminal Practice; Rules 5.1.01 to 5.1.17): criminal departments, consolidation into the lowest numbered case and probation violation assignments; Title 4 of the California Rules of Court; pretrial motions served and filed at least ten (10) court days before the hearing, opposition five (5) and replies two (2) court days before, misdemeanor motions to suppress set for confirmation the Tuesday before, and Penal Code § 995 motions set on a different date; trial readiness conferences at 9:00 a.m. on the Wednesday two weeks before trial, and in limine motions, witness and exhibit lists and jury instructions filed by 12 noon on the date of the Calendar Call; a $50 fee to set aside a bail bond forfeiture; real property bonds (a noticed motion at least 10 days before the hearing) and personal surety bonds; diversion restitution of $200 for misdemeanor offenses and $350 for felony offenses; search warrants reviewed by the District Attorney’s Office; expert witness fee applications (local form SUPCR 1127); habeas corpus writs assigned to the Presiding Judge of the Appellate Division; community service credit; the clerk's ability-to-pay determinations; requests to calendar on local court form SUPCR 205; and the local criminal bail schedule, reviewed annually (Rule 5.1.17).
California > Sixth Appellate District > Santa Cruz County > Superior Court of California, County of Santa Cruz
DIVISION FIVE - CRIMINAL PRACTICE Rule 5.1 CRIMINAL RULES Rule 5.1.01 Criminal Departments (a) All felony and misdemeanor cases, including probation violations, will be assigned to a specific department, using a case management system. (b) Consolidation motions shall be heard in the department which has the lowest numbered case sought to be consolidated. If consolidation is granted, all charges will be consolidated into the lowest numbered case file. (c) Cases involving probation violations based on new offenses occurring in Santa Cruz County shall be assigned as follows: 1. If the new offense is filed as a felony, all matters will be assigned to the felony department in which the new felony case is assigned. 2. If the new offense is filed as a misdemeanor, and there are any felony probation violations, all matters will be assigned to the felony department assigned to hear the felony probation violations. 3. If the new offense is filed as a misdemeanor, and there are misdemeanor probation/conditional sentence violations only, all matters will be assigned to the misdemeanor department in which the new misdemeanor case is assigned. (Eff. 1/1/95) (Rev. 1/1/99) (Rev 1/1/09) (Rev.1/1/11) (Rev. 1/1/13) Rule 5.1.02 Applicability of Title 4 of California Rules of Court The Criminal Rules as set forth in Title 4 of the California Rules of Court are fully applicable, in their entirety, to the local rules of this Court. (Eff. 1/1/09) Rule 5.1.03 Format of Papers [REVOKED] (Eff. 1/1/96) (Renumbered 1/1/09) (Revoked 7/1/17) Rule 5.1.04 Motions All written motions shall be supported by memorandum of points and authorities containing a specific statement of facts and a concise statement of law. (a) Except as otherwise provided by law or otherwise directed, all pretrial motions, including motions to suppress shall be served and filed at least ten (10) court 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 appointed for hearing. Proof of service of the moving papers shall be filed no later than five (5) court days before the time appointed for hearing. Failure of either party to file and serve the points and authorities may be deemed by the Court to be a concession to the motion and/or that the motion is without merit. Where the review of a transcript is necessary, the pertinent transcript testimony must be summarized with a specific page and line reference cited. (b) In the misdemeanor courtrooms, motions to suppress shall be set for confirmation at 9:00 a.m. the Tuesday before the date set for hearing on the motion. (c) Penal Code § 995 motions shall be set on a different date than other motions. (Rev. 1/1/98) (Rev. 1/1/99) (Renumbered 1/1/09) (Rev. 1/1/26) Rule 5.1.05 Pleas at Time of Trial [REVOKED] (Eff. 1/1/95) (Rev. 1/1/98) (Renamed & Renumbered 1/1/09) (Revoked 7/1/15) Rule 5.1.06 Jury Trials (a) Trial Readiness Conference: 1. All felony criminal matters set for jury trial shall be called at 9:00 a.m. on the Wednesday two weeks before the date set for trial in the assigned department. 2. All misdemeanor criminal matters set for jury trial shall be called at 9:00 a.m. on the Wednesday two weeks before the date set for trial in the assigned department. (b) All in limine motions, witness lists, exhibit lists, and proposed jury instructions shall be filed no later than 12 noon on the date of the Calendar Call, unless otherwise ordered by the Court. (c) Motions in Limine: All in limine motions must be in writing. Each motion shall be limited to a single subject, and the motions shall be numbered consecutively. Responses shall address only the subject of the motion and shall be numbered the same as the motions. See Rule 1.3.01(k) for e-filing requirements. (Eff. 7/97) (Rev. 1/1/99) (Renumbered. 7/1/07) (Renumbered 1/1/09) (Rev. 1/1/13) (Rev. 7/1/13) (Rev. 7/1/14) (Rev. 7/1/22) (Rev. 7/1/23) (Rev. 1/1/24) (Rev. 7/1/26) Rule 5.1.07 Bail Bond Forfeiture Once forfeited, a $50 fee will be imposed as a condition of setting aside the forfeiture. (Rev.7/98) (Renumbered 1/1/09) Rule 5.1.08 Real Property Bonds (Penal Code § 1298) Before a property bond may be accepted by the Court, a hearing must be held. In order to set the matter for hearing, a noticed motion with proof of service to the District Attorney must be filed in the Clerk's Office at least 10 days before the date set for hearing. The following documents must be submitted with the motion: (a) Application for Real Property Equity Bond and Declaration of Property Owner (b) Signed Promissory Note (c) Certified Copy of the Recorded Deed of Trust (d) Current Lot Book Guarantee (preliminary title report) concerning the property prepared by a recognized California title company. (e) Appraisal of the property by a certified appraiser (f) Statements from any and all mortgage companies having liens against the property, showing the amount of present obligations owed on the property. A judge may require additional evidence in order to ascertain the true equity in the property held by the applicants. All costs incurred to process the property bond must be borne by the applicant. (Rev. 1/1/91) (Renumbered 1/1/09) Rule 5.1.09 Personal Surety Bonds (Penal Code § 1278 et seq.) Personal Surety Bonds (Penal Code § 1278) are not recommended and will not normally be allowed by Court. (Eff. 1/1/91) (Renumbered 1/1/09) Rule 5.1.10 Miscellaneous Fees The standard fee for diversion restitution is $200 for misdemeanor offenses and $350 for felony offenses; however, the Court in setting a different amount shall consider certain circumstances or may waive the fee where there are compelling or extraordinary reasons under Penal Code § 1001.90. (Eff. 1/1/91) (Renumbered 1/1/09) (Rev. 1/1/11) (Rev. 1/1/19) (Rev. 1/1/24) Rule 5.1.11 Search Warrants All requests for search warrants must be presented to the District Attorney’s Office for review prior to being presented to a judge and must be approved by a deputy district attorney who has reviewed and approved the request. (Eff. 1/1/11) Rule 5.1.12 Expert Witness Fees (a) An application for fees to engage an expert witness must include: 1. A declaration from counsel showing that an expert is reasonably necessary (conclusory statements without supporting facts are insufficient); 2. A resume of the expert whose services are being sought, unless the expert is on the appointment list or otherwise previously known to the court; 3. A breakdown of the proposed costs, including fee per hour, number of hours necessary, etc. 4. A financial declaration, using local form SUPCR 1127 Defendant Financial Eligibility Statement for Appointment of Counsel and Reimbursement, of the defendant showing the defendant’s inability to pay for the expert must be completed. The fact that the Court has appointed counsel is not a finding that the defendant is indigent for all purposes. A financial declaration filed within the previous six (6) months of the current request will be considered timely for purposes of this rule; 5. The declaration must contain information from which the County Criminal Defense Conflict Administrator may conclude that the proposed fees are reasonable. A conclusory statement such as “the proposed fee per hour is reasonable and the average” is not sufficient. If the proposed expert is on the court appointment list, this section will not apply and hourly rates consistent with any preapproved rates established by the Court will be utilized; 6. If an application is for an expert not located within a 200 mile radius of the county, the application must state the efforts made to retain a local expert and why an out-of-area expert is necessary. (b) Each application for an expert or additional defense fees must be numbered. Each application must attach copies of all prior applications in that case, whether granted or denied, or include in the declaration a statement containing this information. If it is the first application for fees, the application must so state. (c) An application submitted without these required items may be summarily denied. (Eff. 1/1/11) (Rev. 7/1/13) (Rev. 7/1/16) Rule 5.1.13 Habeas Corpus Writs All petitions for writs of habeas corpus or coram nobis shall be assigned to the Presiding Judge of the Appellate Division. The provisions of Penal Code § 1473 and California Rules of Court 4.550 through 4.552 fully define the procedures to be followed by this Court in the determination of petitions for writs of habeas corpus or coram nobis. (Eff. 1/1/13) Rule 5.1.14 Credit for Performance of Community Service Penal Code Section 1209.5 requires that trial courts set the hourly rate of community service credit to be double the minimum wage set for the applicable calendar year, based on the schedule as set forth in California Labor Code Section 1182.12. (Eff. 7/1/19) (Rev 7/1/24) Rule 5.1.15 Ability to Pay (ATP) Authority for Clerk A clerk of the court may make ability-to-pay determinations as authorized in government Code 68645.3(e) when a litigant attests that they receive public benefits, including those listed in subdivision (a) of section 68632. The clerk shall adhere to the court-established rate when making reductions in the MyCitations online tool for individuals who receive public benefits. The litigant may request a court hearing in front of a judicial officer if the clerk of the court denies the reduction portion of the request. (Eff. 7/1/23) Rule 5.1.16 Orders to Calendar (a) A request for order to set a hearing on calendar shall be made using local court form SUPCR 205 Request and Order to Calendar Case and shall be completed to allow a minimum of five court days between the date it is filed with the clerk’s office and the date of the requested hearing. (b) Requests to place an urgent matter on calendar may deviate from the established timeframe of no less than five court days but should generally be e-filed no less than two court days prior to the date of the requested hearing. All such requests shall be e-filed with the clerk’s office by the requesting party even when a judge signs the order before it is e-filed. (Eff. 7/1/23) Rule 5.1.17 Local Criminal Bail Schedule This rule sets forth a schedule and procedure for adoption of the local bail schedule pursuant to Penal Code § 1269b, subdivisions (c) and (d), and California Rules of Court, Rule 4.102. (a) The local bail schedule will be reviewed annually. (b) Judicial officers of this court designated by the presiding judge will review and consider revision of the local bail schedule annually and submit their proposed revisions to the presiding judge. The proposed revised local bail schedule will then be reviewed for adoption by a majority of the judicial officers in December with an effective date of January 1st. (c) Copies of the local bail schedule 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, to the Judicial Council and posted on the court’s public website. (Penal Code § 1269b, subd. (f); California Rules of Court, Rule 4.1.02 (d) Bail shall be set according to the Uniform Bail Schedule established by the Judicial Council per California Rules of Court, Rule 4.102 for those charges addressed in said schedule except when a judge determines in his or her discretion that factors in aggravation or mitigation justify a different amount in a specific case. (Eff. 1/1/24) (Rev. 7/1/24)
DIVISION FIVE - CRIMINAL PRACTICE Rule 5.1 CRIMINAL RULES Rule 5.1.01 Criminal Departments (a) All felony and misdemeanor cases, including probation violations, will be assigned to a specific department, using a case management system. (b) Consolidation motions shall be heard in the department which has the lowest numbered case sought to be consolidated. If consolidation is granted, all charges wi
Reviewer note: Composed 2026-10-07 (California T4 Santa Cruz build 2026-10-07) from BenchPath custody ca/t4/ca-santa-cruz/docs/local-rules/santa-cruz-superior-court-local-rules-court-july-1-2026-final.pdf (1421611 bytes, sha256 a997ec993bbbd5c2534a1f92b30961a0c2586b4bbd601a165d1ba05a75622910; 175 pages; this division's rules are pages 94 to 100) with the shared verbatim composer (v2 reflow). The running header (Superior Court of California; County of Santa Cruz; Local Rules July 1, 2026) and the page numbers removed as chrome; the cover, the navigation note, the table of contents, Appendix A (the list of rules with their histories), Appendix B (the list of local forms) and the index belong to no card; the strike report found no struck text; lines reflowed into the court's paragraphs, each rule heading and history note on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The book prints its list labels as images: 35 labels set before the lines they label from their placements on the pages (build/labels.py; each placement labelled once, the composer's characters unchanged). Documented layout fixes (read on the page; the proofs hold): history notes printed on two lines set as one paragraph each; a wrapped line (“local court form” / “SUPCR 205”) joined. Review note: The list labels (“(a)”, “1.” ...) print as images in the rule book, not as text; each is set before the line it labels from its placement on the page (build/labels.py; every placement in the division labelled once). Published as printed: Rule 5.1.17(c) cites “California Rules of Court, Rule 4.1.02” and does not close its parenthesis.
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.