Siskiyou County Superior Court Local Rules of Court (effective July 1, 2026) — Chapter 6: Criminal Rules – Misdemeanors and Felonies

Summary

Chapter 6 (Rules 6.01 to 6.21): citations and criminal complaints filed in the Siskiyou County Courthouse in Yreka with an original and one copy for each defendant, complaints charging in-custody defendants no later than 1:15pm on the day of the first appearance and out-of-custody defendants at least two (2) days before (6.01); requests for the increase or reduction of bail made to the judge who set such bail, disclosure of prior requests, adequate notice to the District Attorney of requests for bail or own recognizance release, a request to set aside forfeiture served on the District Attorney and County Counsel at least ten (10) days prior to the hearing, and a Source of Bail hearing under Penal Code §1275.1 on a declaration or offer of proof personally served not later than twenty-four (24) hours before (6.02); arrest and search warrants presented for review and approval in writing by the District Attorney or Attorney General before delivery to the Court, and search warrant returns presented to the Clerk of the Criminal Court (6.03); a Deputy Public Defender present for in-custody arraignment calendars, conflicted counsel to contact the clerk for re-calendaring no later than seven (7) calendar days after a conflict is discovered, a continuance to obtain counsel not beyond fourteen (14) calendar days, and a pretrial conference approximately thirty (30) days after the arraignment (6.04); an amended pleading lodged with the Court, the Court to determine any objection at the next calendared hearing, or on a noticed motion, the party lodging it to serve a copy immediately (6.05); an informal request for continuing discovery deemed made at the defendant’s first appearance, including audio, video and still photographs, body camera footage, dash camera footage, and MVARS (6.06); counsel to identify preliminary examinations expected to take a half-day or more, continuances disfavored and a stipulation by itself not good cause (6.07); the prosecuting agency to deliver any formal written offer at least ten (10) court days prior to the pre-trial conference (6.08); at most one Pre-Trial Conference after each arraignment, defendants ordered to appear unless the Court has given prior approval for non-appearance or counsel is authorized to appear pursuant to Penal Code Section 977, and a mandatory settlement conference approximately three weeks prior to trial (6.09); pretrial motions in writing with a memorandum of points & authorities under Rule 4.111, an order shortening time under Local Rule 3.03, hearings on the criminal law and motion calendar of no more than 15 minutes with no evidence, and counsel to notify the criminal clerks of an extended hearing no later than the third court day prior (6.10); the trial date set at the pre-trial conference approximately thirty (30) to sixty (60) days after the pre-trial conference, a trial readiness conference approximately thirty (30) days before the trial date with discovery and written witness lists exchanged and filed, a settlement conference approximately three (3) weeks before, and the pre-voir-dire conference on the Thursday before the trial date (6.11); in limine motions and motions under Penal Code § 1538.5 heard at or prior to the pre-voir dire conference, and motions for continuance not after it (6.13); the defendant’s presence at the pre-voir dire conference, a mandatory exchange no later than 14 days before the first day of trial - the statement of the case, a witness list and an exhibit list, CALCRIM and special jury instructions, juror questionnaires and motions in limine - the prosecution’s proposed verdict forms, no exchange when a joint memorandum of resolution is filed by 4:00 p.m. on the Friday preceding the due date, and the matters for the conference (6.14); the Court not to approve a negotiated plea after the pre-voir dire conference except in extremely unusual circumstances (6.15); the storage of dangerous or toxic exhibits under Penal Code section 1417.3 (6.16); a sentence modification set before the bench officer who imposed the sentence with notice to the opposing party (6.17); Rule 5.08 sanctions applicable to criminal actions (6.18); attorneys may request a warrant recall via written memo (6.19); Mental Health Court for individuals who qualify, or do not qualify, for Mental Health Diversion, a participant on probation supervised by the probation department (6.20); and mental health diversion under Penal Code section 1001.36 - the mandatory and permissive considerations, the offenses not eligible, an Application or Petition by defense counsel with a Mental Health Diversion Assessment, meet and confer, an initial review and prima facie hearing, a treatment plan with up to two years to complete treatment, review hearings, termination, restitution, and the court to dismiss the matter on successful completion (6.21).