Tulare County Superior Court Local Rules (revised July 1, 2026) — Chapter 8: Criminal Trials and Pretrial Matters (Rules 800 to 814)

Requirement

CHAPTER 8 - CRIMINAL TRIALS AND PRETRIAL MATTERS Rule 800 - Placing of Matters on Calendar No arraignments on original or amended information or indictments, and/or misdemeanor complaints will be placed on calendar with less than two days prior notice to the court administrator or calendar clerk. The deadline for filing documents related to persons in custody for felony and/or misdemeanor charges are as follows: For Misdemeanor and/or Felony matters to be heard on the same day calendar at 1:00 p.m., documents must be filed before 10:00 a.m. Where documents have not been filed by 10:00 a.m., Felony matters subject to Penal Code 667.5 may be heard on the same day calendar at 3:00 p.m. only if documents are filed by 2:00 p.m. Where documents are filed after 2:00 p.m., Felony and Misdemeanor matters may be heard the following day at 1:30 p.m. (07/01/97) (Revised 01/01/07, 01/01/20) Rule 801 - Copy of Pleadings to be Delivered to Trial Judge In any pre-assigned criminal case, counsel must submit two days before the hearing a copy of all pleadings to the assigned judge by delivering a copy to room 303 at the Visalia courthouse, and to the clerk of the court in the other court locations. (01/01/03) (Revised 01/01/07) Rule 802 - Setting for Trial and Pretrial Motions in Felony Cases Upon the taking of a defendant’s plea of not guilty in felony cases, the judge will set the date for trial. The judge will also set a date for a pretrial conference and will announce the last date for hearing further pretrial motions. Except for motions of a constitutional dimension and 1538.5 motions, motions made after that date will not be heard. No special motions will be set or heard after the pretrial conference date except upon an affirmative showing of good cause in a written declaration. The court may impose sanctions against any attorney unreasonably delaying the bringing of any pretrial motion including 1538.5 motions and motions of a constitutional dimension. (07/01/97) (Revised 01/01/07) Rule 803 - Criminal Law and Motion Except those matters specifically assigned pursuant to the Judicial Assignments Order, criminal law and motion matters will be heard at 8:30 a.m. on those days designated by the department to which the case has been assigned unless otherwise scheduled by the assigned judge. (01/01/07) (Revised 07/01/11) Rule 804 - Pretrial Motions All pretrial motions, including motions for defense attorney fees and costs, will be heard in the department to which the case was assigned for all purposes. (07/01/97) (Revised 01/01/07, 07/01/11, 07/01/26) Rule 805 - Presentation, Filing, and Motion Requirements All motions must be in writing and must comply with California Rules of Court as to motion practice (Cal. Rules of Court, rule 4.111 under rules for criminal cases in superior court). Motions to set aside an indictment or information must set forth with particularity the claimed deficiencies in the transcript or the irregularities in the proceedings. Any motions made after the date set for the bringing of motions must be presumed to be unreasonably delayed, and the party bringing the same will have the burden of showing good cause for such delay. (07/01/00) (Revised 01/01/07) Rule 806 - Ex Parte Hearing for Order Shortening Time If a hearing on a motion is needed sooner than the 10 days prescribed by California Rules of Court, rule 4.111 under rules for criminal cases in superior court, counsel should apply ex parte to the department where the case is assigned for an order shortening time. If possible, counsel should obtain opposing counsel’s stipulation and attach that to the application. The application may be typed at the end of the notice of motion or on a separate sheet attached to and served with the moving papers. The application should be accompanied by a declaration (Cal. Rules of Court, rule 3.1204 for civil motions). Because applications for orders shortening time are made ex parte, counsel must notice opposing counsel of the ex parte hearing, and serve him or her with the papers when possible, and provide proof of that notice and/or service in their declaration (Cal. Rules of Court, rule 3.1200-3.1207). (01/01/07) Rule 807 - Application for Modification of Sentence or Probation Terms Modification motions must be in writing and directed to the sentencing department. , . No person will be transported to court for consideration of any such application unless the judge has ordered the defendant’s appearance prior to the hearing. Such an application may be rejected without hearing if the judge finds that it fails to show good cause for any such modification. Notice of such application must be given to the opposing counsel at least 10 days prior to the hearing date. Such motions may also be granted ex parte (Super. Ct. Tulare County, Local Rules, rule 806 and Cal. Rules of Court, rule 3.1200-3.1207) by the court upon a showing of good cause. (07/01/97) (Revised 01/01/07, 07/01/11) Rule 808 - Pretrial Conferences in Felony Cases, Proposed Jury Instructions, and Verdict Forms The assigned judge will schedule pretrial readiness conferences in compliance with California Rules of Court, rule 4.112. All requests for jury instructions and proposed verdict forms and copies of proposed instructions and verdict forms will be provided by counsel. Requests for special instructions not contained in CALCRIM must be accompanied with appropriate citations of cases supporting the request. A list of proposed jury instructions and proposed verdict forms must be filed with the clerk as ordered by the judge and/or if not so ordered, no later than the pretrial readiness conference (before the jury panel is summoned). (07/01/97) (Revised 01/01/07, 01/01/09) Rule 809 - Extended Hearing When a criminal law and motion matter is expected to take more than 30 minutes the court may schedule the motion on a date convenient to all parties. (07/01/97) (Revised 01/01/07, 07/01/11, 07/01/26) Rule 810 - Criminal Trials (a) Voir Dire - Voir dire examination will be conducted in accordance with the provisions of the Code of Civil Procedure section 223. (b) Alternate Jurors - Alternate jurors will be selected in compliance with Code of Civil Procedure section 234. (c) Exhibits - Maps and diagrams should be prepared in advance. A lay person should not be asked to draw a map or diagram in court. Lay witnesses may place markings on maps and diagrams. (d) Witnesses - Each attorney is responsible for having all witnesses available at the time their testimony is required. No trial will be delayed because of incorrect scheduling of witnesses unless counsel can show the court that (1) due diligence was exercised in attempting to secure the witness’s presence, and (2) the witness’s presence is necessary to ensure a fair trial. If a problem arises because of incorrect scheduling of witnesses, the court will usually permit the calling of witnesses out of order. (e) Transcription of Recorded Documents - Prior to the commencement of any trial, a typed transcription of any sound recording which counsel expects to offer into evidence must be prepared and must be certified by the preparer as containing a true transcription of such recorded statement. Failure to prepare such transcription will be presumptive cause for exclusion of such statement from evidence. (07/01/00) (Revised 01/01/07) Rule 811 - Continuances of Criminal Matters (a) All applications for orders continuing a noticed motion must be addressed to the judge of the department to which the matter is assigned for all purposes and must be considered in light of the requirements of this chapter. (b) Continuances of criminal pretrial conferences will not be granted except upon affirmative proof in open court that the ends of justice require a continuance within the meaning of Penal Code section 1050. (c) Continuances of criminal trials are governed by the provisions of Penal Code section 1050 and California Rules of Court, rule 4.113. It is the policy of this court that all felony criminal cases will be brought to trial within 60 days of the filing of the indictment or filing of the information. Time waivers are discouraged and will not be accepted, except in unusual and extreme circumstances. (c) All motions to continue trials, whether noticed and set for hearing or made the day of trial, must only be made and considered by the judge to whom the case was assigned. Failure to comply with Penal Code section 1050 regarding criminal trial continuances may subject counsel to sanctions under Penal Code section 1050. (07/01/97) (Revised 01/01/07, 07/01/11, 07/01/26) Rule 812 - Attorney’s Appearance, Representation, and Withdrawal Any appearance at any proceeding in the superior court will be considered a general appearance obligating the attorney to represent the defendant throughout the proceedings, except as may be otherwise provided by law. The procedure for discharge, withdrawal, and substitution of retained counsel in criminal proceedings shall be the same as that for civil proceedings (People v. Bouchard (1957) 49 Cal. 2d 438, 441). California Rules of Court, rule 3.1362 sets forth the requirements for withdrawal and requires that the notice of motion, motion, declaration, and order be made on Judicial Council forms. The forms may be obtained from the Web at https://www.courts.ca.gov. (07/01/97) (Revised 01/01/07, 01/01/2020) Rule 813 - Domestic Violence Coordination Rules Domestic Violence Coordination Rules Court Communication It is this court’s goal to coordinate domestic violence orders. It is the clerk’s responsibility, prior to any hearing requesting protective orders and/or child custody and/or visitation orders, to determine if any such orders have already been issued as to the same parties or children in any other department by accessing the court’s case management system and California Court Protective Order Registry (CCPOR). The court’s criminal, family, and juvenile law departments shall use all reasonable efforts to communicate and exchange information with each other in regards to any domestic violence orders. Avoiding Conflicting Orders No department of the family or juvenile court shall knowingly issue a protective order or custody order in conflict with an order of the criminal court. If such an order is issued inadvertently, the orders of the criminal law proceeding shall have priority. Modification of Criminal Orders A court issuing a criminal protective order may, after review of any existing family or juvenile court orders, modify the criminal protective order to allow or restrict contact between the restrained person and his or her children, spouse, or other protected person. Coexisting Criminal and Family or Juvenile Orders A family or juvenile court order may coexist with a criminal court protective order, subject to the following: (a) Any order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a “No Contact Order” issued by a criminal court. (b) Safety of all parties shall be the court’s paramount concern. The family or juvenile court order shall specify the time, day, place, and manner of transfer of the child, as provided in Family Code section 3100. Issuance and Enforcement of Restraining Order Upon granting of relief (through initial petition, modification, or termination), the clerk shall convey within 24 hours a file endorsed copy of the order to the Tulare County Sheriff’s Department for input into CLETS (a statewide computerized registration system for restraining orders), or to the court CLETS administrator when that program becomes operational. (01/01/07) (Revised 07/01/11) Rule 814 - Electronic Filing of Accusatory Pleadings The court is only accepting electronic filing of accusatory pleadings. The filing must comply with Code of Civil Procedure section 1010.6 and California Rules of Court, rules 2.250 – 2.261, and Penal Code section 959.1. Where the electronic confirmation from the court shows that a document was electronically filed after 5:00 P.M. of any business day, such document will be deemed to have been filed on the next court day. (Code of Civil Procedure section 1010.6(a)(3) and (a)(4). California Rules of Court, rule 2.259(a)(1) and (a)(2).) (01/01/10)