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Assignment of cases - felony matters assigned alphabetically to a felony master calendar department, misdemeanors for all purposes after arraignment to a misdemeanor department, and the Criminal Division Schedule on the website (8.1); filing criminal complaints with the Criminal Clerk's Office (8.2); violations of probation (8.3); protection of confidential personal information (8.4); criminal pretrial law and motion (8.5); appointment and payment of counsel in conflict cases (8.7) and appointment of second counsel (8.8); ex parte applications and the temporary release of inmates (8.9); continuances (8.10); arraignments (8.12); the calendaring system - the first appearance date, arraignments, the schedule of events and calendar events (8.13); mental health diversion - motions under PC § 1001.36 or PC §1370 filed with the clerk's office, filed confidentially and served on the Sonoma County District Attorney and on Sonoma County Behavioral Health, Local Form CR-007 for optional use, the petition calendar, referral for a suitability assessment, and the Mental Health Diversion Workflow and FAQ on the court's website (8.14); and remote appearances in criminal matters (8.15). Rules 8.6 and 8.11 are repealed.
California > First Appellate District > Sonoma County > Superior Court of California, County of Sonoma
RULE 8 RULES APPLICABLE TO CRIMINAL TRIAL PROCEEDINGS 8.1 CRIMINAL COURTS: ASSIGNMENT OF CASES All criminal felony matters, including violations of probation, mandatory supervision, post release community supervision, and parole, shall be assigned alphabetically to a felony master calendar department on a predetermined basis. All criminal misdemeanor matters shall be assigned for “all purposes” post-arraignment to a misdemeanor department on a predetermined basis. A copy of the Criminal Division Schedule may be obtained from the Superior Court Clerk’s Office Criminal Division, or on our website: www.sonoma.courts.ca.gov (Eff. 1/1/1997; Rev. 1/1/2005, 7/1/2009, 7/1/2015, 1/1/2021, 1/1/2023, 7/1/2026) 8.2 FILING OF CRIMINAL COMPLAINTS Time for Filing Criminal Complaints A. Felony and misdemeanor complaints must be filed with the Criminal Clerk’s Office via E-File. B. All felony and misdemeanor complaints received for in-custody arraignment shall be filed no later than 9:30 a.m. the day of the arraignment. All in-custody felony and misdemeanor arraignments shall be heard on the afternoon calendar and within 48 hours of arrest. C. All felony and misdemeanor complaints received for out of custody arraignment shall be filed by close of business, no later than two (2) court days before the date set for arraignment. D. Upon showing of good cause, a later time for filing may be authorized by the Supervising Criminal Division Judge or their designee. (Eff. 7/1/2024, 1/1/2025, 7/1/2026) 8.3 VIOLATION OF PROBATION A. Assignment of Cases All violations of probation shall be assigned to a criminal master calendar on a predetermined basis. B. Disclosure of Non-Confidential VOP Probation Records The Court authorizes the Sonoma County Probation Department to produce copies of non-confidential probation records that form the basis of allegations contained in a Request Probation be Summarily Revoked (aka, the “Universal Memo”) to the defense and prosecution in any formal violation of probation proceeding. Any request for confidential records, or records of probation not otherwise produced by the Probation Department, may be sought through the Court in any Violation of Probation proceeding after providing reasonable notice to the Probation Department and District Attorney’s Office. (Eff. 1/1/1997; Rev. 1/1/2005, 1/1/2008, 1/1/2021, 1/1/2023, 1/1/2024, Renumbered 7/1/2024, 7/1/2026) 8.4 PROTECTION OF CONFIDENTIAL PERSONAL INFORMATION In accordance with Penal Code section (hereinafter PC §) 964 and the public policy set forth therein, prosecutors and law enforcement agencies should not submit police reports, arrest reports or investigative reports containing “confidential personal information” (as defined in subdivision (b) of PC § 964) of victims or witnesses to the court in support of a criminal complaint, indictment, or information; or in support of a search or arrest warrant. Rather, prosecutors and law enforcement agencies should present the court with written declarations from law enforcement officers that are devoid of this confidential personal information. The parties may submit copies of police reports, arrest reports or investigative reports that are redacted of all “confidential personal information” of victims and/or witnesses. The redacted copies of these reports provided to the court must be attached to a declaration attesting to the fact that the information redacted was “confidential personal information” of victims and/or witnesses as defined in PC § 964. The parties must also provide an unredacted copy of the documents, which, upon review, shall be sealed, and retained by the court, if the redacted material is determined to be “confidential information” as defined in PC § 964(b). In instances where “confidential personal information” of victims and/or witness cannot be redacted for purposes of clarity or completeness, but must be provided to the court, prosecutors and law enforcement may request the court seal a portion or all of the warrant and its components, police report, arrest report or investigative report. The Court may grant the sealing order if it makes the following express findings in a written order: 1. The document requested to be sealed contains “confidential personal information” as defined in PC § 964; 2. The confidential personal information must be provided to the court for clarity and completeness of the criminal complaint, indictment, information, or search/arrest warrant application; and 3. No less restrictive means exist, such as the procedures set forth in paragraphs #2 and #3 of [this Local Rule], to protect the confidential personal information while preserving clarity and completeness of the criminal complaint, indictment, information, or search/arrest warrant application. If the sealing request also seeks protection of information that is not “confidential personal information” as defined by PC § 964, the Court will consider that portion of the request pursuant to California Rules of Court, Rule 2.550. All documents reviewed, as well as orders signed, will be retained by the court. All agencies should bear in mind that the court will not undertake the task of redacting any confidential personal information of victims or witnesses from documents submitted for the court’s consideration. Rather, the burden to ensure that this information is not included within any documents presented falls squarely on the agencies preparing and presenting them to the court. In this respect, the court may exercise its discretion to accept or reject a police, arrest or investigative report containing confidential personal information that is submitted in support of a criminal complaint, indictment, or information; or in support of a search or arrest warrant. (Adopted 7/1/2015, Rev. 1/1/2024) 8.5 CRIMINAL PRETRIAL LAW AND MOTION Criminal pretrial law and motion hearings shall be heard by the judge assigned the case at such time and place scheduled by the judge. A. Written Motion Procedures 1. All motions shall be made in writing. With the exception of PC § 1050 continuance motions, notices and motions pursuant to PC § 1203.9 and motions to vacate bail bond forfeitures, or upon order of the court, ALL motions must be filed in court, except that the judge may authorize filing of a motion in the Clerk’s Office by minute sheet entry. PC § 1203.4 motions to expunge/reduce will be received in the Clerk’s Office and filed in court. The court shall set a hearing date for all motions. Appearances for filing of motions in court may be calendared through the Clerk’s Office. 2. All motions, including all PC § 1538.5 motions, shall clearly state the grounds for the motion and be accompanied by points and authorities, which shall include a concise statement of the facts supporting the motion. 3. Courtesy copies of all pleadings shall be delivered to the assigned judge’s judicial assistant or courtroom clerk at the time of filing. 4. Any person submitting or filing documents with the court shall redact personal and financial identifying information. (Eff. 1/1/1997; Rev. 1/1/2005, 7/1/2007, 7/1/2008, 1/1/2010, 7/1/2013, 1/1/2015, 1/1/2022; Rev. and renumbered 1/1/2021, Rev. and renumbered 1/1/2024, Rev. and renumbered 7/1/2024) 8.6 PRETRIAL DISCOVERY[Repealed] Rule 8.6 repealed effective January 1, 2021; adopted effective January 1, 1997; previously amended effective January 1, 2005, formerly Rule 8.5. 8.7 APPOINTMENT AND PAYMENT OF COUNSEL IN CONFLICT CASES A. In cases where the Public Defender’s Office declares a conflict in Adult and Juvenile Justice matters, the Court shall appoint conflicts counsel. (PC § 987.2) The County of Sonoma may provide a list of contract conflict counsel for the court to make appointments. If any attorneys from the contract list declare a conflict, the Court shall appoint the next attorney on the list. If the list is exhausted, the Court in its discretion shall appoint other competent conflict counsel outside of the contract conflicts list. B. In cases where the Public Defender’s Office declares unavailability, the Court shall appoint conflicts counsel. (PC § 987.2) The County of Sonoma may provide a list of contract conflict counsel for the court to make appointments. If any attorneys from the contract list declare a conflict, the Court shall appoint the next attorney on the list. If the list is exhausted, the Court in its discretion shall appoint other competent conflict counsel outside of the contract conflicts list. C. “Reasonable necessary ancillary defense services” shall also be ordered upon request by conflicts counsel. (PC §§ 987.8(g), and 987.9; Evidence Code § 730) These requests are confidential and may be made ex-parte to the Superior Court. The application for appointment and funds shall be accompanied by an affidavit and other supporting documents that specifically outline the reasonableness of the request and the appropriate amount of funds requested. D. After the appointments are made and applications for other defense services fees are approved, bills for payment shall be forwarded to the County of Sonoma for review and payment, if appropriate. (PC § 987.3). (Eff. 1/1/1997; Rev.1/1/2006, 1/1/2007, 7/1/2007, 7/1/2010, 1/1/2024, Renumbered 7/1/2024) 8.8 APPOINTMENT OF SECOND COUNSEL Applications for second counsel in special circumstances cases shall be made to the "PC § 987.9" judge of the Superior Court. The application shall specify how the lead counsel intends to use the second counsel. (Eff. 1/1/1997; Rev. 1/1/2005, 7/1/2007, Renumbered 7/1/2024) 8.9 EX PARTE APPLICATIONS FOR ORDERS A. All applications involving criminal matters shall be presented to the assigned criminal department. B. All applications for a court order for the temporary release of inmates from the Sonoma County Jail shall be filed and presented in writing along with a proposed order to the assigned criminal department. 1. Each application shall include a written declaration showing that notice of the application has been given to the District Attorney and to the Sonoma County Sheriff’s Office not less than forty-eight (48) hours before the application is presented to the Court. 2. Unless the District Attorney agrees in writing, the application shall be heard and decided by the Court after considering the views of all parties. The Court may under appropriate circumstances consider in camera declarations concerning the merits of the request. 3. Any order granting the application shall include an order that the Sonoma County Sheriff shall provide security and transportation for the applicant. Alternatively, the Court may choose to release the inmate on their own recognizance or supervised own recognizance if there is good cause to do so. 4. Upon submission of a declaration of indigence, the order may include a waiver of costs or fees by the Sheriff for transportation and security. 5. In the event that the defendant requests confidentiality the court order may include a protective order to preserve confidentiality, upon a showing of good cause. (Eff. 1/1/1997; Rev. 1/1/2005, 7/1/2007, Renumbered 7/1/2024) 8.10 CONTINUANCES No trial or preliminary hearing may be continued, except upon written motion establishing good cause as required by PC § 1050, unless otherwise required by statutory or decisional law. (Eff. 1/1/1997; Rev. 1/1/2005, 7/1/2007, 1/1/2021, Renumbered 7/1/2024) 8.11 COURT SYSTEM[Repealed] Rule 8.11 repealed effective July 1, 2026; adopted effective January 1, 1997, previously amended January 1, 2005, July 1, 2024, January 1, 2024, formerly Rule 8.10. 8.12 ARRAIGNMENTS Felony arraignments will be in the master calendar department. Master calendar departments are designated alphabetically, and that designation will be determined by the Superior Court and is subject to change. In multiple defendant cases, the assignment shall be made by the first defendant listed on the complaint. Once assigned, the case remains with the assign master calendar until it is completed. (Eff. 1/1/1997, Rev. 1/1/2005, 7/1/2007; 7/1/2015, 1/1/2024, Renumbered 7/1/2024, Rev. 7/1/2026) 8.13 CALENDARING SYSTEM A. First Appearance Date 1. First appearance date for out of custody defendants with felony or misdemeanor violations of PC §273.5, 273.6, 166(a)(4), 243(e)(1) or 422 will be 10 days after arrest (and exempt from Chart “A”). 2. First appearance dates for all other out of custody felony defendants will be two weeks after arrest, set on the specific day of the week as prescribed by the chart below (Chart “A”). If that date is a holiday, the date will be set the following week on the prescribed day of the week. 3. First appearance dates for all other out of custody misdemeanor defendants will be four weeks after arrest, set on the specific day of the week as prescribed by the chart below (Chart “A”). If that date is a holiday, the date will be set the following week on the prescribed day of the week. Chart A Bail/Cite on Mon = Set Mon Bail/Cite on Tues = Set Tues Bail/Cite on Wed = Set Wed Bail/Cite on Thurs = Set Thurs Bail/Cite on Fri = Set Fri Bail/Cite on Sat = Set Wed Bail/Cite on Sun = Set Thurs B. Arraignments A Deputy Public Defender, conflicts counsel, or privately retained defense counsel, and District Attorney shall be present at all arraignments. C. Schedule of Events Misdemeanors: After the entry of a plea of not guilty, the case shall be set for a settlement conference. If there is no settlement and no motions to be filed, the next event set shall be a readiness conference and jury trial. Misdemeanor cases shall be disposed in accordance with California Rules of Court - Judicial Administration Standards 2.2. D. Calendar Events 1. Arraignments The Office of the District Attorney shall give a defendant, designated by the court as in pro per, or an attorney appearing generally, a copy of all police and laboratory reports and the complaint. The Office of the District Attorney shall file PC § 1000 declarations if applicable. 2. Jury Trials a. Felony cases: Defendant is to be present at jury trial unless waived by the Court. Each judge shall conduct a pretrial conference to discuss in limine motions, jury instructions, witness schedules and voir dire procedures. b. Misdemeanor Cases: Defendant is to be present in-person at jury trial confirmation unless waived by the Court. Each judge shall conduct a pretrial conference to discuss in limine motions, jury instructions, witness schedules and voir dire procedures. All motions in limine, requested jury instructions listed by name and number, witness list, and verdict forms shall be filed with the court no later than the first day of trial. Unless specially set, the first day of trial is Thursday at 10:30 a.m. (Eff. 7/1/2015; Rev. 7/1/2021, 1/1/2022, 1/2/2024, 7/1/2024, 1/1/2025, 7/1/2026) 8.14 MENTAL HEALTH DIVERSION A. All motions requesting Mental Health Diversion pursuant to PC § 1001.36 or PC §1370 shall be filed with the clerk’s office. The initial application for a determination of eligibility shall include documentation of a mental health diagnosis or mental health treatment within the past 5 years. Applications and attached documentation shall be filed confidentially. Applications and attached documentation shall be served on the Sonoma County District Attorney and Sonoma County Health Services Department, Behavioral Health Division (Sonoma County Behavioral Health). The court hereby adopts Sonoma County Local Form CR-007 for optional use in submitting an Application for Mental Health Diversion. B. The initial motion for Mental Health Diversion shall be calendared on a mental health diversion petition calendar. If there is no dispute regarding the eligibility of the defendant to participate in Mental Health Diversion, the matter shall be referred to Sonoma County Behavioral Health for an assessment and report regarding the suitability of the defendant to participate in Mental Health Diversion. If there is a dispute regarding the eligibility to participate in Mental Health Diversion, the court will hear arguments regarding eligibility before referring the matter to Sonoma County Behavioral Health. C. Upon referring the matter to Sonoma County Behavioral Health, the Court shall set a future hearing date at which the assessment report shall be reviewed. In the event there is not agreement that the defendant is suitable for Mental Health Diversion, the matter shall be set on a future date for a contested hearing. D. For additional information on the requirements and processes of Mental Health Diversion, parties should consult the Mental Health Diversion Workflow and FAQ document, available on the court’s website, at sonoma.courts.ca.gov. (Adopted 7/1/23, Rev. 1/1/2024, Renumbered 7/1/2024, Rev 7/1/2026) 8.15 REMOTE APPEARANCE RULE FOR CRIMINAL MATTERS The court may permit remote appearances for defendants, victims, and attorneys subject to the following limitations and discretion of the judicial officer in the courtroom. A. Remote appearances for defendants in criminal cases will be permitted pursuant to PC § 977 et. seq. B. Remote evidentiary hearings will be permitted pursuant to PC § 977.3. C. Remote appearances for victims in criminal cases will be permitted pursuant to PC § 977.3. The prosecuting attorney shall notify the judicial officer prior to calling the case that victims wish to appear remotely. Victims shall follow all remote appearance rules. D. Remote appearances shall be limited to defendants, victims and attorneys. E. A remote appearance is still a court appearance. A remote hearing is subject to all Local Rules and Rules of Court governing decorum in the courtroom. A remote hearing is also subject to all laws and rules governing confidentiality, photographing and recordings of proceedings in a courtroom. No one appearing remotely may record, photograph or reproduce any hearing, or any part of a hearing, including any screenshots. Any person who violates this provision shall be subject to all sanctions provided under the law for a like action in an in-person hearing. F. Any victim, defendant or attorney appearing remotely is expected to: 1. follow proper courtroom decorum including attire. If the attire is inappropriate for a courtroom, it is inappropriate for a remote appearance; 2. turn on the camera prior to calling that individual’s case; 3. remain muted unless speaking; 4. use an identifiable and accurate name; 5. appear in a quiet location that is free from distraction and noise; 6. understand how to use the remote technology prior to the appearance; and 7. have wi-fi or other cell service access to ensure there are no connectivity problems. G. Any victim, defendant or attorney appearing remotely that is unable to comply with the expectations (above) shall be required to appear in-person at all future court dates. H. Each judicial officer shall have discretion whether to maintain a remote waiting room for defendants, attorneys or victims wishing to appear remotely. I. Any defendant, victim or attorney that appears remotely and loses connectivity shall be responsible for determining the next court date. The judicial officer has discretion to issue, or issue and stay, a bench warrant for any defendant that loses connectivity prior to setting the next court appearance. J. The judicial officer has discretion whether to recall a warrant if a defendant makes a remote appearance. K. The judicial officer has discretion whether to address an alleged violation of a court order, violation of pretrial release, violation of probation or any other violation of court supervision if a defendant makes a remote appearance. L. The judicial officer shall have discretion to require an in-person appearance of any defendant, attorney, or victim at any court hearing. (Eff. 1/1/2023, Renumbered 7/1/23, formerly Rule 8.13, Rev. 1/1/2024, Renumbered 7/1/2024)
RULE 8 RULES APPLICABLE TO CRIMINAL TRIAL PROCEEDINGS 8.1 CRIMINAL COURTS: ASSIGNMENT OF CASES All criminal felony matters, including violations of probation, mandatory supervision, post release community supervision, and parole, shall be assigned alphabetically to a felony master calendar department on a predetermined basis. All criminal misdemeanor matters shall be assigned for “all purposes” po
Reviewer note: Composed 2026-10-08 (California T4 Sonoma build 2026-10-08) from BenchPath custody ca/t4/ca-sonoma/docs/local-rules/local-rules-working-jul-2026-new-address-update.pdf (the court's rule book, “Local Rules of Court Effective July 1, 2026”, as fetched 2026-10-08; 1515969 bytes, sha256 e3a9b3a99af553adf4c33851ccbc58bbbfb1020ec74e105c1225b9e6d076c102; 204 pages) with the shared verbatim composer (v2 reflow) over Rules 1 to 21 (PDF pages 8 to 189), each rule composed alone from its first page to the page before the next rule's: each page's running header (“SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SONOMA”, two rules of underscores and the page number) removed as chrome; lines reflowed into the rules' paragraphs; eight breaks the reflow made before a citation or history note's “Rule N.N” at a line start rejoined and eleven paragraph, heading, history and list-line breaks it ran together set back (19 whitespace-only fixes, build/book-fixes.json; the vertical-gap audit finds no joined break left); four struck characters (tracked deletions on PDF pages 70, 98, 176 and 184; the strike report) left out; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the list of the court's judicial officers, the table of contents, the index, the forms listings and the list of currently effective rules belong to no rule.
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.