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Section 13 (Rules 13.01 to 13.08): Rule 5.09 on sanctions made applicable to criminal actions (13.01); in competency proceedings under Penal Code section 1367 the court to appoint one psychiatrist or licensed psychologist, or two when the defendant is not seeking a finding of mental incompetence, a third expert only at the request of the parties and the expense of the requesting party (13.02); a request for sentence modification by noticed motion before the sentencing bench officer on the time of California Rules of Court, Rule 4.111, and no hearing on less than two day's actual notice to the district attorney (13.03); claims for the fees and expenses of private attorneys appointed by the court filed with the clerk no later than 70 days following judgment and sentencing, on LF-CRM-100 with a declaration and an itemized statement of services, periodic claims in matters anticipated to last more than 180 days, prior written authorization for ancillary services except in exigent circumstances, compensation for post-sentencing matters, resubmissions within 30 days of a denial, the court to act within 90 days, and a failure to comply deemed a waiver (13.04); felony cases assigned to one of two felony home court departments and misdemeanor cases to one of two misdemeanor home court departments for all purposes except trials, and counsel with appearances in two or more departments at the same time to request priority handling in one department (13.05); defense counsel in a death penalty case who meets California Rules of Court, Rule 4.117, the requirements of Rules 4.119 and 4.230, and Rule 4.571 for a habeas corpus petition (13.06); the transfer of a case on probation to the superior court in any other county by noticed motion with LF-CRM-105, Declaration in Support of Order to Transfer Probation (13.07); no direct fax filings, the court will accept filings through a fax filing agency (13.08).
California > Third Appellate District > Shasta County > Superior Court of California, County of Shasta
SECTION 13 GENERAL CRIMINAL RULES RULE 13.01 SANCTIONS Rule 5.09 pertaining to civil actions is incorporated herein by this reference as though fully set forth at length, and is hereby made applicable to criminal actions in the court. (Adopted, effective July 1, 1992) RULE 13.02 MENTAL COMPETENCY PROCEEDINGS This rule applies to proceedings in the superior court under Penal Code section 1367 et seq. to determine the mental competency of a criminal defendant. Pursuant to the provisions of Penal Code section 1367, et seq., the Court shall appoint one psychiatrist or licensed psychologist, or other expert as the court may deem appropriate, to examine the defendant. If the defendant or the defendant's counsel informs the Court that the defendant is not seeking a finding of mental incompetence, the Court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. Under no circumstances shall the Court be required to appoint a third expert. Appointment of a third expert shall be made pursuant to the request of the parties, only at the discretion of the Court, and shall be at the expense of the requesting party. This rule is not intended to restrict the inherent authority and discretion of the Court to appoint experts. (Adopted, effective July 1, 2023) RULE 13.03 SENTENCE MODIFICATIONS In cases in which the court has not lost jurisdiction and the defendant or counsel seeks modification of a term of probation, including a jail term, the clerk shall be contacted so that a hearing can be set before the bench officer who imposed the sentence, on a regular calendar over which that bench officer presides. The request for modification shall be in the form of a noticed motion, the time for filing and service of which shall be as set forth in California Rules of Court, Rule 4.111, absent an order shortening time obtained on written application, and for good cause shown. If the sentencing bench officer is unavailable to hear the motion timely, then the Presiding Judge or his or her designee shall hear the motion. Nothing in this rule shall preclude pro per defendants from sending written requests for sentence modification to the sentencing judge's attention, nor shall it preclude bench officers from responding to such letter requests. In no event shall hearing on such an application take place following less than two day's actual notice to the district attorney, unless time is expressly waived by the district attorney. (Adopted, effective July 1, 1992) RULE 13.04 CLAIMS FOR PAYMENT BY COURT APPOINTED COUNSEL The procedures set forth in this rule 13.04 apply only to payment for services rendered by, costs incurred by, and ancillary services rendered for, private attorneys appointed by the court to represent specific indigent defendants in criminal actions. This rule does not apply to private counsel who provide indigent defense services pursuant to the terms of written contracts with the County of Shasta. To the extent the provisions of this rule conflict in capital cases with PC § 987.9, the provisions of PC §987.9 shall control. (A) CONTENT OF CLAIMS FOR FEES AND EXPENSES All claims for attorneys fees, and/or for reimbursement of expenses by private attorneys appointed by the court to represent indigent defendants in criminal actions shall be made in writing. Each such claim shall be filed with the clerk of the court for submission to the supervising judge of the applicable criminal calendar if the matter did not proceed to trial, or to the trial judge if a trial was held. Each such claim shall be filed no later than 70 days following judgment and sentencing or other termination of representation of the defendant. Except as set forth in this paragraph, only one such claim shall be submitted in each case. In matters reasonably anticipated to last more than 180 days, the attorney may submit claims for periodic payment every three months. In matters reasonably anticipated to last more than 180 days and in which the charges include a violation of Section 187 of the Penal Code, the attorney may submit claims for periodic payment every month. The final claim, however, must be submitted within 70 days following judgment and sentencing or other termination of representation of the defendant. Each such claim shall be supported by a declaration, made under penalty of perjury, setting forth the following facts: 1. The date of appointment and the judge making the appointment; 2. The date representation ceased and the reason therefor; 3. Any prior claims for payment which were previously submitted, the amount sought and the court's action (or inaction) on such prior claims, including the amount ordered paid, and a statement that none of the services identified or expenses incurred were included in previous claims or a statement that no such prior claims have been submitted; 4. Whether the matter proceeded to trial or not; 5. Reference to, and incorporation into the declaration of, a statement of services rendered and expenses incurred, as more particularly defined below; 6. The necessity for such services or expenses; 7. Reference to, and attachment to the declaration of, any orders authorizing the attorney's use of ancillary services; and, 8. An explanation of any discrepancy between the amount sought in the claim and the amount declared in court at the time the court informed the defendant of the value of the attorney services provided. The statement of services rendered and expenses incurred shall consist of the following: 1. An itemized description of services provided, including the date of each service, the time devoted to each service and the sum requested for each service; 2. An itemized list of reasonably necessary expenses incurred, including the dates of such expenditures and the sum requested for each such expenditure; 3. Separate total amounts requested for payment for services and expenses; 4. A total amount requested for payment for both services and expenses; and, 5. Attached copies of billing statements and receipts for expenses incurred and for which the attorney seeks reimbursement. The statement of services rendered and expenses incurred and any orders authorizing the attorney's use of ancillary services shall be attached to, and incorporated by reference as a part of, the declaration. (B) APPLICATIONS FOR AUTHORIZATION TO USE ANCILLARY SERVICES Before incurring expenses for ancillary services, which are defined to include, without limitation, services of investigators, experts, paralegals, and transcriptionists who are not salaried employees of the attorney, the attorney shall make written application for authorization from the court to do so. Such application shall be supported by a declaration made under penalty of perjury, setting forth the following facts: 1. The reason such services are reasonably necessary in the preparation of a defense; 2. The type of service being requested; 3. The name of the provider being requested and a brief statement of the provider's qualifications to provide the requested services; 4. Where the provider is required by law to possess a license to provide the requested services, the application shall include the provider’s license number or specify any exemption to the licensing requirement applicable to the provider; and, 5. A request for authorization to spend up to a specific dollar amount. After the initial approval of ancillary services by the court, the attorney may reapply for authorization for additional expenditures if the attorney believes there is a reasonable possibility the amount originally authorized for ancillary services will be exceeded. Such reapplication shall include in the declaration in support of the request the amounts previously authorized and the reason a greater amount is being requested. A copy of any previous orders authorizing expenditures shall be attached. Only when exigent circumstances exist may an attorney engage ancillary services without prior court authorization. If an attorney does so, the attorney must immediately thereafter make application to the court for authorization of such services and show, in a declaration made under penalty of perjury, exigent circumstances justifying the use of such services without prior court authorization. Exigent circumstances may include, but are not limited to, circumstances in which there is a need to preserve or document physical evidence which would dissipate before court authorization could be obtained. The inadvertence, neglect, mistake, or negligence of counsel or counsel's office staff in seeking timely authorization, even if excusable, shall not constitute exigent circumstances. If an attorney submits a claim for payment of ancillary services which exceeds the amount previously authorized by the court, such excess amount shall not be paid unless the attorney, in a declaration made under penalty of perjury, submitted with the claim, establishes a reasonable explanation for exceeding the authorized amount without obtaining additional prior court authorization. Claims for payment for ancillary services are to be submitted at the time the attorney submits the claim for payment of services rendered and expenses incurred. The claim for payment for ancillary services shall be submitted by the attorney employing such services. If periodic claims are submitted pursuant to (A) above an accounting shall be included which details the original amount authorized by the court plus any additional authorized amount(s) if any, less expenditures to date and the balance remaining. Orders for payment will be directly to the providers of the ancillary services. (C) COMPENSATION FOR POST-SENTENCING MATTERS Attorneys will be compensated only for those post-sentencing matters for which they are specifically appointed by this court. They will also be compensated for any post-sentencing matter for which they are directed by this court to appear in court or to review specific matters. Attorneys will also be compensated for up to one half-hour for time spent filling out a "CCAP" questionnaire on matters for which a notice of appeal has been filed. A claim for any such services authorized by this paragraph shall be excepted from the single application requirement, shall be specifically identified as relating to post-sentence matters, and shall be presented in the form of a declaration. (D) MISCELLANEOUS MATTERS All claims and applications made pursuant to this Rule 13.04 shall include points and authorities, supporting declarations made under penalty of perjury, and proposed orders. If a claim is denied in whole or in part, the attorney may resubmit a claim for the denied portion within 30 days of being notified of the denial, if the attorney, in a declaration made under penalty of perjury, provides additional facts which establish a reasonable basis for the attorney's belief the claim should receive additional consideration by the court. Each such resubmitted claim shall be expressly identified as such. If the court denies any such resubmission, the court shall state its reasons for denying the resubmitted claim in writing. In lieu of resubmitting the claim in writing, the attorney, within 30 days of being notified of the denial, may request an ex parte in-camera hearing. The hearing shall be on the record, and the transcript of such hearing shall be ordered sealed. If the court denies such resubmitted claim, the court shall state its reasons on the record. In no event shall the court consider any additional resubmissions. The court shall act on all submitted claims within 90 days of submission of the claim. All applications, including all supporting documentation, submitted and all orders made under the provisions of this rule are to be filed in the confidential portion of the files to which they pertain. (E) FORMS All claims for payment specified in this Rule 13.04 shall be made on LF-CRM-100, Claim for Payment by Court-Appointed Counsel, or on forms substantially the same. If forms substantially the same are used, such forms shall include the same information required to complete the forms in the appendix, and that information shall be listed in the same order as on the forms in the appendix. (F) FAILURE TO COMPLY Failure by the attorney to comply with the requirements of this rule, including the time for filing requirement, shall be deemed a waiver of the claim and right to reimbursement. Such failure to comply may be excused upon good cause shown by declaration under penalty of perjury submitted with the claim, or within 30 days of rejection of such claim for failure to comply. A failure to comply with the time requirement may also be excused if the attorney, in advance of expiration of such time period, makes an application for an extension of the time period, for up to 30 days, and shows good cause for an extension of the time period in a declaration made under penalty of perjury, submitted with the application for extension of the time period. A failure to comply with the requirement that all claims be made in a single application will be deemed a waiver of any such subsequent claims unless exceptional circumstances justifying submission of a subsequent claim are shown in a declaration made under penalty of perjury submitted with the subsequent claim. (Amended, effective July 1, 2013) RULE 13.05 FELONY AND MISDEMEANOR HOME COURTS (A) All felony cases initiated on or after January 1, 1995, and all felony cases pending any proceeding on or before January 1, 1995, shall be assigned by the Presiding Judge, effective January 1, 1995, to one of two specific “felony home court” departments for all proceedings and purposes except for trials. All misdemeanor cases shall be assigned by the Presiding Judge to one of two specific “misdemeanor home court” department for all Proceedings and purposes except for trials. Reassignments may be made, from time to time, in the discretion of the courts, to assure the effective and efficient administration of justice. (B) When counsel has court appearances set in two or more court departments at the same time, he or she shall so advise the courtroom clerks and request priority handling in one department and that the proceeding in the other department(s) trail the first. (Amended, effective January 1, 2023) RULE 13.06 REQUIREMENTS FOR APPOINTED COUNSEL IN CAPITAL CASES (A) Appointment of Trial Counsel No attorney shall be appointed as defense counsel in a death penalty case after January 1, 2004, unless he or she meets the minimum qualifications specified in California Rules of Court, Rule 4.117, in compliance with this rule. (B) Additional Requirements – Pretrial In cases in which the death penalty may be imposed, appointed counsel must comply with the additional requirements for pretrial proceedings as set forth in California Rules of Court, Rule 4.119. (C) Additional Requirements – Trial In cases in which the death penalty may be imposed, appointed counsel must comply with the additional requirements for trial as set forth in California Rules of Court, Rule 4.230. (D) Filing of Habeas Corpus Petition Counsel appointed in death-penalty related habeas corpus proceedings must comply with California Rules of Court, Rule 4.571 when filing a petition with the superior court. (Amended, effective January 1, 2020) RULE 13.07 TRANSFER OF PROBATION (A) In cases in which the defendant is released on probation or mandatory supervision, and probation or a party seeks transfer of the case to the superior court in any other county, the request for transfer shall be in the form of a noticed motion consistent with Penal Code section 1203.09 and California Rules of Court Rule 4.530. (B) Upon the filing of a motion to transfer pursuant to Penal Code section 1203.9, the motion shall be accompanied by LF-CRM-105, Declaration in Support of Order to Transfer Probation. (Adopted, effective July 1, 2014) RULE 13.08 FACSIMILE FILING This court does not accept direct fax filings as provided by CRC Rule 2.304. This court will accept filings through a fax filing agency in accordance with CRC Rule 2.303. (Adopted, effective January 1, 2018)
SECTION 13 GENERAL CRIMINAL RULES RULE 13.01 SANCTIONS Rule 5.09 pertaining to civil actions is incorporated herein by this reference as though fully set forth at length, and is hereby made applicable to criminal actions in the court. (Adopted, effective July 1, 1992) RULE 13.02 MENTAL COMPETENCY PROCEEDINGS This rule applies to proceedings in the superior court under Penal Code section 1367 et se
Reviewer note: Composed 2026-10-11 (California T4 Shasta build 2026-10-11) from BenchPath custody ca/t4/ca-shasta/docs/roc/roc_jan26.pdf (the court's rule book, its cover letter of May 18, 2026 “The attachment represents a new edition of the Local Rules of Court for the Superior Court of California, County of Shasta, effective July 1, 2026.” and its title page “RULES ADOPTED: May 18, 2026 EFFECTIVE DATE: July 1, 2026”, as fetched 2026-10-11; 1041160 bytes, sha256 e2a8127b7fc6ca48e78283c7ab9a2d4d387d18726a2f343fb5baae7837d44755; 85 pages; this section PDF pages 42 to 48) with the shared verbatim composer (v2 reflow) and its strike-out: the rules (PDF pages 10 to 73, printed 1 to 64) composed as one text, from “SECTION 1” to the last rule of Section 18, and cut at the eighteen section headings, each matched once as a whole line (a section may begin mid-page: Sections 8 and 9 both begin on PDF page 36, Sections 10 and 11 on page 40; Sections 4 and 12 print only “(RESERVED)” and are no card); each page's running header (“Local Rules of the Superior Court of California, County of Shasta”) and its printed page number removed as chrome (129 lines); lines reflowed into the rules' paragraphs, each rule's number set with its title as one line (“RULE 2.06 COURT REPORTERS”) and each history note on a line of its own; the strike report (review/strike-report-2026-10-11.txt) finds one struck run, a single space on PDF page 14 that a short stroke crosses in Rule 2.06(B), and no struck text; 7 whitespace-only fixes (build/book-fixes.json: the headings of Rules 3.03, 5.19 and 15.20 and Section 7's title, each printed on two or three lines, set as one line; two sentences of Rules 5.16 and 14.06(A) broken before a line, joined; Rule 14.12's web address joined across its line wrap without a space); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-11.txt) list candidates read one by one (build/book_fixes.py); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover letter, the title page, the table of contents, the index and the appendices listing the local forms (PDF pages 1 to 9 and 74 to 85) belong to no card. Review note: Carried as printed: Rule 13.07(A)'s “Penal Code section 1203.09” beside (B)'s “Penal Code section 1203.9”, and Rule 13.03's “two day's actual notice”.
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.