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Section 5 (Rules 5.01 to 5.04): criminal complaints charging in-custody defendants filed with the Clerk no later than 11:00 a.m. on the morning of the day the defendant is to first appear (5.01(A)); complaints charging out-of-custody defendants filed no later than two (2) days before the first appearance (5.01(B)); any person requesting a bail reduction or increase shall disclose all prior requests, no defense request for bail or O.R. made without prior notification to the prosecuting agency (after normal court hours, the requesting party to arrange for the telephone availability of a representative before contacting the court), no notice to the prosecuting agency and County Counsel of an order setting aside a forfeiture of bail under Penal Code §1305(c)(1) when the defendant was delivered into the custody of the Trinity County Sheriff or appeared voluntarily within 180 days, and at least 10 days’ prior written notice in all other cases of a motion to set aside forfeiture and of requests that the 180-day period be tolled or extended (Penal Code §1305(k)), proof of notice filed with the court (5.02(A)); after a Source of Bail Order under Penal Code §1275.1, the Request for Hearing accompanied by a declaration or offer of proof of the identity of the bail agent and surety, the source of the bond premium and the source of the security or pledge, filed and personally served on the prosecuting agency not later than twenty-four (24) hours before the hearing, the defendant to produce the bail agent, the person proposing to pay the premium, and the person proposing to provide the security for examination (5.02(B)); to post a real property bond, a Notice of Hearing under Penal Code §1298 served on the prosecuting agency and County Counsel, accompanied by an Application for Real Property Equity Bond, a declaration of the real property owners, an executed Promissory Note, a Deed of Trust made payable to “County of Trinity” as beneficiary and “Court Executive Officer” as Trustee, a proposed order, an appraisal report dated not more than 45 days prior to the application, a preliminary title report dated no more than 30 days prior to it, and proof of insurance including “County of Trinity” as a loss payee, the order not signed unless the court makes the required finding that the equity in the property is twice the value of the amount of bail, and only upon delivery of the recorded Deed of Trust (5.02(C)); all requests for arrest and search warrants first presented to the District Attorney or Attorney General for review and approval, except Ramey warrants, forced blood draw warrants for suspicion of DUI/BUI and Steagald warrants, supporting declarations on arrest warrants fully dated and executed, search warrant returns presented to Court Administration (Penal Code §1534(d)) (5.03); the court shall schedule misdemeanor cases not resolved at arraignment for a pretrial conference in approximately two (2) weeks (5.04(A)); and the court shall schedule felony cases not resolved at arraignment for a preliminary examination in approximately two (2) weeks and a pre-prelim the week prior, the defendant personally present at all felony appearances unless excused by the Court, in advance, pursuant to Penal Code §977 (5.04(B)).
SECTION 5 CRIMINAL RULES – FILING COMPLAINTS, ARRAIGNMENT AND BAIL RULE RULE 5.01 FILING CRIMINAL COMPLAINTS AND CITATIONS (A) All criminal complaints charging in-custody defendants shall be filed with the Clerk at the earliest time possible but in no case later than 11:00 a.m. on the morning of the day any such defendant is to first appear in court on those charges. (B) All criminal complaints ch
Reviewer note: Composed 2026-10-12 (California T4 Trinity build 2026-10-12) from BenchPath custody ca/t4/ca-trinity/docs/local_rules.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF TRINITY LOCAL RULES OF COURT RULES ADOPTED July 1, 2021 EFFECTIVE DATE July 1, 2021”, as fetched 2026-10-12; 861131 bytes, sha256 a8c32af5c48046e94c4ebdeef93b8a8df4810b8f1ba5b77ce3b3654678bea2d3; 49 pages; this section PDF pages 21 to 23, printed pages 21 to 23) with the shared verbatim composer (v2 reflow): the rules (PDF pages 7 to 44, printed with the same numbers) composed as one text and cut at the sixteen section headings “SECTION 1” to “SECTION 16”, each matched once as a whole line followed by the section's title (a section may begin mid-page); the page number at the foot of every page (“7”), named and a whole line in its band, and the four footnotes' own numbers (a bare digit at the left margin, which the composer's pleading line-number test takes out; the superscripts in the rules' text stay) removed as chrome - 42 chrome lines; lines reflowed into the rules' paragraphs, each rule's number and title (“RULE 1.07 TIMELY APPEARANCE OF COUNSEL AND REQUIRED NOTIFICATION”), each lettered or numbered subdivision starting a line and each section heading on a line of its own; each footnote - one note on electronic filing printed four times, at the foot of PDF pages 16, 31, 35 and 41 - composed where the page prints it, after the page's last body line; the strike report (review/strike-report-2026-10-12.txt) finds no struck run on the book's 49 pages; no table on the rule pages; 3 whitespace-only fixes (build/book-fixes.json: Rule 11.03(C)'s reference wrapped at “(A)”, which the reflow took for a label, and Rule 15.01's two-line heading rejoined; the form number “FL-” / “326” rejoined) and 1 same-character fix (build/book-captions.json: the page-31 footnote, which fell inside Rule 12.01(D)(1)'s sentence, set after it); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed (the rule numbers with their titles on one row, the lines ending at the court's e-mail address, Rule 4.04(C)'s blank “$ .”, the hyphens printed with a space in the line, “post- sentencing”, “§§15680- 15688”, “self- addressed”); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The Court Executive Officer's filing instructions of July 1, 2021 (PDF page 1), the cover (2), the table of contents (3 to 6), a blank page (45), the index (46 to 48) and Appendix A, the list of local forms (49), belong to no card.
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.
California > Third Appellate District > Trinity County > Superior Court of California, County of Trinity
SECTION 5 CRIMINAL RULES – FILING COMPLAINTS, ARRAIGNMENT AND BAIL RULE RULE 5.01 FILING CRIMINAL COMPLAINTS AND CITATIONS (A) All criminal complaints charging in-custody defendants shall be filed with the Clerk at the earliest time possible but in no case later than 11:00 a.m. on the morning of the day any such defendant is to first appear in court on those charges. (B) All criminal complaints charging out-of-custody defendants shall be filed with the Clerk no later than two (2) days before the time of the defendant's first appearance on those charges. RULE 5.02 BAIL (A) GENERAL PROVISIONS (1) More than one request. Any person requesting a bail reduction or increase shall disclose all such prior requests. This rule does not apply where an application or request is made after a preliminary hearing, or at an initial arraignment on the Information. (2) Defense requests re bail/OR. (a) No defense request for bail or O.R. may be made without prior notification to the prosecuting agency, to allow a representative to be present. (b) When a defense request for bail or O.R. is made after normal court hours the requesting party shall, before contacting the court, arrange for the telephone availability of a representative from the prosecuting agency. (3) Notice of request to set aside forfeiture. The prosecuting agency and County Counsel need not be given notice of an order setting aside a forfeiture of bail pursuant to Penal Code §1305(c)(1) provided the following determinations and assessments are made: (a) The defendant has been delivered into the custody of the Trinity County Sheriff or the defendant appears voluntarily in court; and (b) The defendant was delivered into the custody of the Trinity County Sheriff or appeared voluntarily in court within 180 days after entry in the minutes or mailing of the Notice of Forfeiture, together with such additional time as the court may have previously ordered pursuant to its authority under Penal Code §1305(e) or §1305.4; and (c) In all other cases of a motion to set aside forfeiture, the prosecuting agency and County Counsel shall be given at least 10 days’ prior written notice by the moving party pursuant to Penal Code §1305(k), and proof of such notice shall be filed with the court. (4) Notice of Request for tolling or extension of time. In all cases wherein a moving party requests that the 180-day period be tolled pursuant to Penal Code §1305(e), or extended pursuant to Penal Code §1305.4, the moving party shall give to the prosecuting agency and County Counsel at least 10 days’ prior written notice of the motion pursuant to Penal Code §1305(k), and proof of such notice shall be filed with the court. (B) SOURCE OF BAIL – P.C. §1275.1 – PROCEDURE When a Source of Bail Order pursuant to Penal Code §1275.1 has been signed by a judge in a case, the following procedure shall be followed by the defendant in calendaring the matter for hearing to show that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained: (1) The Request for Hearing shall be accompanied by a declaration or offer of proof setting forth the following: (a) The identity of the bail agent and surety, or, if there is no surety, the depositor; (b) The source of the bond premium, including name and address of person(s) proposing to pay said premium; and (c) The source of the security or pledge, including the name and address of the owner, and description of the property. (2) The declaration or offer of proof shall be filed and personally served on the prosecuting agency, not later than twenty-four (24) hours before the hearing. (3) At the hearing, the defendant shall produce the bail agent, the person proposing to pay the premium, and the person proposing to provide the security for examination and cross-examination. (C) REAL PROPERTY BONDS In order to post a real property bond, the following procedure must be followed: (1) A Notice of Hearing pursuant to Penal Code §1298 shall be filed. It shall also be served on the prosecuting agency and County Counsel. Compliance with the notice provisions of California Rules of Court, Rule 4.111 is required. (2) The Notice of Hearing shall be accompanied by an Application for Real Property Equity Bond; a declaration of the real property owners; an executed Promissory Note; a Deed of Trust made payable to “County of Trinity” as beneficiary and “Court Executive Officer” as Trustee; and a proposed order approving property bond and order for release of Defendant. (3) In addition, the following must be filed with the original Notice of Hearing: (a) An appraisal report of the fair market value of the property, dated not more than 45 days prior to filing the application for the property bond and completed by a qualified real estate appraiser; (b) A current preliminary title report, prepared by a California title company, that includes a legal description of the property, the address or location of the property, and a listing of all encumbrances, and is dated no more than 30 days prior to the application for the property bond; and (c) Proof of insurance coverage of the property, sufficient to pay all encumbrances, which insurance must include “County of Trinity” as a loss payee. The proposed Order Approving the Property Bond and Order for Release of Defendant shall not be signed unless the court makes the required finding that the equity in the property is twice the value of the amount of bail, and only upon delivery to the court of the recorded Deed of Trust. RULE 5.03 ARREST AND SEARCH WARRANTS All requests for arrest warrants and search warrants shall first be presented to the District Attorney or Attorney General, as appropriate, for review and approval before delivery to the court. All supporting declarations on arrest warrants shall be fully dated and executed before being considered by a judge. The only exceptions to District Attorney or Attorney General review include Ramey warrants, forced blood draw warrants for suspicion of driving under the influence (DUI)/boating under the influence (BUI), and Steagald warrants. Search warrant returns are to be presented to Court Administration who is authorized to receive and execute the return for the court pursuant to Penal Code §1534(d). RULE 5.04 ARRAIGNMENT (A) As a general case handling guideline, the court shall schedule misdemeanor cases not resolved at arraignment for a pretrial conference in approximately two (2) weeks. (B) As a general case handling guideline, the court shall schedule felony cases not resolved at arraignment for a preliminary examination in approximately two (2) weeks and for a pre-prelim the week prior. The defendant shall be personally present at all felony appearances, unless excused by the Court, in advance, pursuant to Penal Code §977.
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.