Trinity County Superior Court Local Rules of Court (adopted and effective July 1, 2021) — Section 11: General Criminal Rules

Summary

Section 11 (Rules 11.01 to 11.05): Rule 4.08 pertaining to civil actions incorporated and made applicable to criminal actions in the court (11.01); where 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, the request in the form of a noticed motion under California Rules of Court, Rule 4.111, the Presiding Judge or his or her designee to hear the motion if the sentencing bench officer is unavailable, nothing in the rule to preclude pro per defendants from sending written requests, no hearing following less than two days’ actual notice to the District Attorney unless time is waived (11.02); as to attorney fees, the rule does not apply to counsel who works under a contract with the County of Trinity or the Trinity Superior Court unless that counsel seeks payment in addition to the sum stated in the contract, it applies to any counsel who seeks the appointment of an expert, and the provisions of PC §987.9 shall control to the extent the provisions of the rule conflict in capital cases (11.03); counsel appointed by any judge who claims reimbursement in addition to any contract consideration shall include in the claim the date of appointment, the case number(s), the name of the appointed client (except in juvenile cases), the date and inclusive times of work billed, the total hours and minutes billed for each entry and a description of the work done, rounding up no more than to the next 1/10ths of an hour (11.03(A)); experts paid the reasonable value of services, no payment unless counsel first obtains the consent of the Court to retain the expert, an application by declaration of counsel to include the file number(s) and party name(s), the type of service, why it is reasonably necessary, the expert’s identity, billing address and hourly rate, qualifications, an estimate of total cost with a not-to-exceed cap, and any license (11.03(B)); before incurring expenses for ancillary services (investigators, experts, paralegals, transcriptionists), a written application for authorization supported by a declaration under penalty of perjury, a reapplication for additional expenditures to include the amounts previously authorized and a summary of funds already paid, ancillary services without prior court authorization only when exigent circumstances exist and an application immediately thereafter, an amount exceeding the authorized amount not paid unless a declaration establishes a reasonable explanation, claims for ancillary services submitted with the claim for services rendered, orders for payment directly to the providers (11.03(C)); attorneys compensated for post-sentencing matters only where specifically appointed or directed by this court to appear or review, the claim presented in the form of a declaration and excepted from the single application requirement (11.03(D)); claims and applications to include points and authorities, supporting declarations under penalty of perjury and proposed orders, submitted regularly or within 45 days of service, a denied claim resubmitted within 30 days with additional facts or an ex parte in-camera hearing within 30 days, the court to act on all submitted claims within 90 days, all applications and orders filed in the confidential portion of the files (11.03(E)); claims for payment made on the Courts Claim Form, provided by the Court Secretary, or on forms substantially the same (11.03(F)); failure to comply, including the time for filing requirement, deemed a waiver of the claim, excused upon good cause shown by declaration submitted with the claim or within 30 days of rejection, or by an application in advance for an extension of up to 30 days, all claims to be made in a single application (11.03(G)); no attorney appointed as defense counsel in a death penalty case after January 1, 2004 unless he or she meets the minimum qualifications of California Rules of Court, Rule 4.117 (11.04(A)); appointed counsel in cases in which the death penalty may be imposed must comply with the additional requirements for pretrial proceedings of Rule 4.119 (11.04(B)); and for trial of Rule 4.230 (11.04(C)); counsel appointed in death-penalty related habeas corpus proceedings must comply with Rule 4.571 when filing a petition (11.04(D)); this court does not accept direct fax filings (CRC Rule 2.304) and will accept filings through a fax filing agency in accordance with CRC Rule 2.303, except the documents identified in CRC 2.300(b) (11.05(A)); and electronic mail filing is accepted through the dedicated email address court_filings@trinitycounty.org (11.05(B)).