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Rule 5 (Rules 5.1 to 5.5): the Court incorporates by reference the requirements of California Rules of Court, Rule 4.111, on the making and timing of pretrial motions, a motion not timely filed for the assigned hearing date without good cause demonstrated that may be deemed waived, and a copy of any authority other than California cases, statutes, constitutional provisions or State or local rules - and of a California case cited before it is published in the Advance Sheets - attached and tabbed as exhibits (5.1); discovery in criminal actions reciprocal and governed by Penal Code §§ 1054 et seq., a standing order in each criminal action deemed made and communicated at the time of arraignment, an informal request of opposing counsel in writing in the manner required by Penal Code § 1054.5(b) before a party may seek Court enforcement, “Boilerplate” discovery motions disfavored, and counsel to meet and confer before the hearing of any discovery motion (5.2); motions to continue the trial of a criminal case disfavored and denied unless the moving party, pursuant to Penal Code § 1050, establishes that the interests of justice require a continuance (5.3); matters not added to the court's criminal calendars at the request of the District Attorney and/or Defense Counsel unless a stipulation or formal, properly-noticed motion is filed - a stipulation filed jointly on SIE-0043 Stipulation of District Attorney and Defense Counsel to Add Criminal Matter to Calendar, with a proposed date and time, misdemeanor matters heard on Tuesdays and felony matters on Thursdays preceding the 2nd and 4th Friday of the month at 9:00 a.m., filed at least five (5) days prior to the desired hearing date and signed by both the District Attorney and Defense Counsel (5.4); and ability-to-pay requests - a fine reduction, a payment plan on cases not in Collections status, a fine conversion to community service - added to the Criminal or Traffic calendar only on SIE-0044 Request: Add Matter to Criminal or Traffic Calendar for Addressing Ability-to-Pay, filed at least five (5) days before the desired hearing date, with all documentation (e.g. proof of income, current financial declaration, etc.) submitted at the time of the hearing (5.5).
California > Third Appellate District > Sierra County > Superior Court of California, County of Sierra
RULE 5. CRIMINAL RULES 5.1 PRETRIAL MOTIONS (a) All statutory and Rules of Court procedures control, and the Court hereby incorporates by reference the requirements of California Rules of Court, Rule 4.111, pertaining to the making and timing of pretrial motions and opposition thereto, in Superior Court. (b) In the event that the moving papers are not timely filed for the assigned hearing date without good cause demonstrated, the motion may be deemed waived by the moving party. (c) If any authority other than California cases, statutes, constitutional provisions or State or local rules is cited in any motion or memorandum of points and authorities, a copy shall be attached to the papers in which the authorities are cited and tabbed as exhibits. If a California case is cited before the time it is published in the Advance Sheets of the Official Reports, a copy of that case shall also be attached and tabbed. (Eff. 01/01/09.) 5.2 CRIMINAL DISCOVERY Discovery in criminal actions is reciprocal in nature and is governed by Penal Code §§ 1054 et seq. There shall be a standing order in each criminal action requiring all parties and their attorneys to comply with Penal Code §§ 1054 et seq. The order is deemed to have been made and communicated to all counsel at the time of arraignment. Before a party may seek Court enforcement of any of the disclosures required by law, the party shall make an informal request of opposing counsel for the desired materials and information in the manner required by Penal Code § 1054.5(b). Failure to make such a request shall be grounds for denial of a discovery motion. Informal requests should be presented to opposing counsel in writing. Motions for discovery shall be focused upon specific items which remain in dispute after presentation of informal requests. "Boilerplate" discovery motions are disfavored. Counsel shall meet and confer in a good faith effort to resolve or narrow the disputed issues before the hearing of any discovery motion. (Eff. 01/01/09.) 5.3 CONTINUANCE OF CASES SET FOR TRIAL Motions to continue the trial of a criminal case are disfavored and shall be denied unless the moving party, pursuant to Penal Code § 1050, establishes that the interests of justice require a continuance. (Eff. 01/01/09.) 5.4 ADDING MATTERS TO CALENDAR AT THE REQUEST OF THE DISTRICT ATTORNEY AND/OR DEFENSE COUNSEL Matters will not be added to the court’s criminal calendars at the request of the District Attorney and/or Defense Counsel unless a stipulation or formal, properly-noticed motion is filed. A. Stipulation: 1. A stipulation may be filed jointly by the District Attorney and Defense Counsel using SIE-0043 Stipulation of District Attorney and Defense Counsel to Add Criminal Matter to Calendar. 2. SIE-0043 must include a proposed date and time for the hearing, subject to availability and court approval. i. Misdemeanor matters are heard on Tuesdays preceding the 2nd and 4th Friday of the month at 9:00 a.m. ii. Felony matters are heard on Thursdays preceding the 2nd and 4th Friday of the month at 9:00 a.m. 3. SIE-0043 must be filed at least five (5) days prior to the desired hearing date to allow for proper scheduling. 4. SIE-0043 must be signed by both the District Attorney and Defense Counsel, acknowledging agreement to the requested hearing. 5.5 REQUEST TO ADD MATTERS TO CRIMINAL/TRAFFIC CALENDAR FOR PURPOSES OF ADDRESSING ABILITY-TO-PAY REQUESTS Matters related to ability-to-pay requests will not be added to the Criminal or Traffic calendar unless a formal request is submitted using SIE-0044 Request: Add Matter to Criminal or Traffic Calendar for Addressing Ability-to-Pay. This includes cases in which the defendant requests a fine reduction, requests a payment plan on cases not in Collections status, seeks a fine conversion to community service, or other ability to pay issues. SIE-0044 must be filed at least five (5) days before the desired hearing date to allow for proper scheduling. The requesting party is advised to ensure all documentation (e.g. proof of income, current financial declaration, etc.) is submitted at the time of the hearing to allow the court to make an informed decision. (Rule 5.4 adopted eff. 07/01/2025)
RULE 5. CRIMINAL RULES 5.1 PRETRIAL MOTIONS (a) All statutory and Rules of Court procedures control, and the Court hereby incorporates by reference the requirements of California Rules of Court, Rule 4.111, pertaining to the making and timing of pretrial motions and opposition thereto, in Superior Court. (b) In the event that the moving papers are not timely filed for the assigned hearing date wit
Reviewer note: Composed 2026-10-12 (California T4 Sierra build 2026-10-12) from BenchPath custody ca/t4/ca-sierra/docs/local-rules/local_rules_eff_070126.pdf (the court's rule book, its cover “Sierra County SUPERIOR COURT RULES EFFECTIVE JULY 1, 2026”, as fetched 2026-10-12; 257827 bytes, sha256 cf58ea4bb32ca799df761b7dc00440c118c92141672efc26488c9c223ff8fa8a; 44 pages; this rule PDF pages 15 to 16, printed pages 11 to 12) with the shared verbatim composer (v2 reflow): the rules (PDF pages 5 to 37, printed pages 1 to 33) composed as one text and cut at the rule headings - “RULE 1. GENERAL RULES” to “RULE 10. MISCELLANEOUS”, each matched once at a line start (a rule may begin mid-page; Rule 9 prints “RULE 9. RESERVED” and nothing else, and has no card); Appendix “A”, the Appellate Division Local Rules (PDF pages 38 to 41, printed 34 to 37), composed apart with the same settings; the running header of every page (“Sierra County Superior Court”, named) and the page number at its foot (“1” on PDF page 5, named and a whole line in its band - every printed number is the PDF page less 4) removed as chrome - 66 chrome lines in the rules, 8 in the appendix; lines reflowed into the rules' paragraphs, each rule's heading, each section's number and title (“1.1 NAME, CITATION AND EFFECTIVE DATE”), each lettered subdivision and numbered paragraph and each history line (“(Eff. 01/01/09; amended eff. 01/01/23.)”) starting a line; the strike report (review/strike-report-2026-10-12.txt) finds no struck run on the book's 44 pages; 2 whitespace-only fixes (build/book-fixes.json: Rule 7.7's heading, which the page wraps after “THE INTERESTS”, and Rule 7.11's history line, which it wraps after “subd.”, each rejoined as one line); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-gap-audit-2026-10-12.txt, review/book-short-lines-2026-10-12.txt and review/book-extra-audits-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed (the blank line inside Rule 6.2.1(A)'s sentence, Rule 2.8(a)(1)'s bullets, the headings and lists the false-break audit names); the book's own text kept as printed (“RULE 6. FAMILYLAW”, Rule 6.2's unclosed parenthesis, Rule 5.5's history line naming Rule 5.4, Rule 7.7(c)(4)'s “guardian ad !item”, Rule 8.1's “07.01.2026”); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (2 to 4) and the Topic Index (42 to 44) belong to no card. Review note: Rule 5.5 closes with the history line “(Rule 5.4 adopted eff. 07/01/2025)”; Rule 5.4 prints no history line of its own.
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.