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You are here  :   Rules of Court   »   Chapter 6
Tuesday, February 09, 2010
Chapter 6 - Criminal Case Rules

CHAPTER 6:    CRIMINAL CASE RULES

Rule 6. Criminal Case Management 

Rule 6.1.  Disposition Goals.

The court endeavors to achieve criminal case disposition consistent with Standard 2.2 of the Standards of Judicial Administration (Appendix to California Rules of Court) as follows:

  1. Misdemeanor Cases:
    1. 90 percent concluded within 30 days after arraignment.
    2. 98 percent concluded within 90 days after arraignment.
    3. 100 percent concluded within 120 days after arraignment.
  2. Felony Preliminary Examinations:
    1. 90 percent concluded within 30 days after arraignment.
    2. 98 percent concluded within 45 days after arraignment.
    3. 100 percent concluded within 90 days after arraignment.
  3. Felony Trials:
    1. 100 percent concluded by the second trial period following arraignment on information (see Rule 3.6).

(Adopted January 1, 2007, Revised January 1, 2008, Revised January 1, 2010)

Rule 6.2.  Filing of Accusatory Pleadings and Requests for Warrants

6.2.1. The filing of accusatory pleadings shall include an original and one copy for each defendant. (Adopted January 1, 2007, Revised January 1, 2008)

6.2.2. Upon the filing of accusatory pleadings which involves another accusatory pleading by a co-defendant arising out of the same incident, the District Attorney shall conspicuously make note the name of the co-defendant within each pleading. (Rule 6.2.2 re-enacted and revised effective January 1, 2010; repealed effective January 1, 2008; adopted effective January 1, 2007)

6.2.3. Rule 6.2.3 repealed effective January 1, 2008; adopted effective January 1, 2007.  The repealed rule related to accusatory pleadings involving persons not in custody.

6.2.4. Oral amendments and interlineations to accusatory pleadings once filed are disfavored. (Adopted January 1, 2007, Revised January 1, 2008)

6.2.5. When setting bail on an arrest warrant the court will utilize the Alpine County and Uniform Bail Schedules, unless the request for the warrant includes a specific request and showing of good cause for a different bail.  (Adopted January 1, 2007, Revised January 1, 2008)

Rule 6.3. Criminal Case Management

 (Adopted January 1, 2007, Revised January 1, 2008, Revised January 1, 2010, Renumbered from Rule 6.6, January 1, 2010)

6.3.1. Except as otherwise provide herein, arraignment shall be completed and plea entered on the first day scheduled, whether such proceeding is on complaint or information.  (Adopted January 1, 2007, Revised January 1, 2008, Renumbered from Rule 6.4.1, January 1, 2010)

6.3.2. Persons appearing without counsel shall file a Statement of Rights upon the calling of the matter. Such persons who desire to consult with and/or retain counsel before concluding arraignment shall, upon request and time waiver, be granted a reasonable continuance of arraignment for such purpose, not to exceed two weeks.  (Adopted January 1, 2007, Renumbered from Rule 6.4.3, January 1, 2010)

6.3.3. Pleas of not guilty entered at arraignment will be deemed to include reservation of right to demur or to make motions. Demurrers shall be filed so as to be heard not later than the second week following the first appearance.  (Adopted January 1, 2007, Revised January 1, 2008, Revised January 1, 2010, Renumbered from Rule 6.4.5, January 1, 2010)

6.3.4. Counsel Appearing at arraignment, including combined arraignment/pre-trial conference pursuant to Rule 6.3.5, shall announce the following upon the calling of the case:

  1. Name, and whether appearing for the defendant who is absent or present, and defendant’s custody, bail, or other out of custody status.
  2. Defendant’s true name.
  3. Whether copy of complaint/information has been received or receipt is waived.
  4. Whether counsel has advised defendant of the charges, possible pleas and defenses, potential direct consequences of conviction, and his/her constitutional and statutory rights, including those relevant to time limits.
  5. Waiver or arraignment and advisal of rights or request for arraignment and advisal of rights by the court.
  6. Plea(s) to be entered, or reason none is to be entered.
  7. Whether time is waived generally, to a specific date, or not waived. Waiver of time for preliminary examinations shall include specific reference to both 10 and 60 day provisions of the Penal Code.
  8. If not previously occurring, that arrangement for the defendant’s booking has been made with the Alpine County Sheriff. Counsel shall advise the court for the defendant’s booking status at the hearing.

 (Adopted January 1, 2007, Repealed January 1, 2008, Re-enacted and Revised January 1, 2010, Renumbered from Rule 6.4.6, January 1, 2010)

6.3.5. Unless defendant’s appearance is required by law or otherwise ordered by the court, counsel may defer arraignment and request a deferred arraignment/initial pre-trial conference on misdemeanors and infractions by letter, including FAX, received at least one court day prior to the hearing and demonstrating proof of service on the District Attorney. Such requests shall be construed as a binding commitment by counsel to representation of the defendant. Such requests shall be on letterhead stationary of the attorney and shall contain all of the following:

  1. Statement of representation.
  2. Defendant’s true name.
  3. Date of scheduled arraignment.
  4. Statement that counsel has advised defendant of the charges, possible pleas and defenses, potential direct consequences of conviction, and his/her constitutional and statutory rights, including those relevant to time limits.
  5. Request for deferred arraignment to initial pre-trial conference and general waiver of time for all future proceedings, including trial.
  6. Requested date for deferred arraignment/initial pre-trial conference within 4 weeks of scheduled first appearance.
  7. If not previously occurring, that arrangement for the defendant’s booking has been made with the Alpine County Sheriff. Counsel shall advise the court of the defendant’s booking status at the next hearing.
  8. If defendant is free on bail bond, acknowledgment by defendant that such bond shall continue in full force and effect.

 (Adopted January 1, 2007, Revised January 1, 2008, Revised January 1, 2010, Renumbered from Rule 6.4.7, January 1, 2010)

6.3.6. Misdemeanor scheduling: Upon entry of plea of not guilty, future hearings will be scheduled as follows:

  1. Initial Pre-Trial (IPT) – generally not later than 4 weeks after arraignment
  2. Final Pre-Trial (FPT) – generally 45 days prior to trial
  3. Case Management Conference – when disposition is not achieved at the Initial Pre-Trial Conference, the court will conduct a Case Management Conference (CMC) not less than bi-monthly. CMC Statements shall be filed by all parties not later than 3 court days before each CMC. CMC will generally be scheduled for the first and third Tuesdays of each month unless there is a conflict with trial week and such conflict will be scheduled for the following week.
  4. Trial Readiness and Management Conference (TRMC), within 14 days of trial per Rule 6.8.1.
  5. Trial-generally not later than 2nd trial session after arraignment, with general trial waiver.
  6. Motions-Specially set to be heard not later than one week before TRMC. (Excluding trial motions in limine)

 (Adopted January 1, 2010)

6.3.7. Felony scheduling: Upon entry of not guilty, future hearings will scheduled as follows:

  1. Pre Preliminary Conference (PPX) – generally2 weeks after arraignment on complaint
  2. Preliminary Examination (PX) – generally not later than 4 weeks after arraignment on complaint
  3. Information arraignment – generally 2 weeks following holding order
  4. Initial Pre-Trial (IPT) – generally not later than 4 weeks after arraignment on Information
  5. Final Pre-Trial (FPT) – generally 45 days prior to trial
  6. Case Management Conference – when disposition is not achieved at the Initial Pre-Trial Conference, the court will conduct a Case Management Conference (CMC) not less than bi-monthly. CMC Statements shall be filed by all parties not later than 3 court days before each CMC. CMC will generally be scheduled for the first and third Tuesdays of each month unless there is a conflict with trial week and such conflict will be scheduled for the following week.
  7. Trial Readiness and Management Conference (TRMC, within 14 days of trial per Rule 6.8.1.
  8. Trial – generally not later than 2nd trial session after arraignment on information, with general time waiver.
  9. Motions – specially set to be heard not later than one week before PX and/or TRMC (excluding trial motions in limine).

 (Adopted January 1, 2010)

6.3.8. In the event disposition is not achieved previously; defendants shall be personally present at Final Pre-trial Conference, notwithstanding Penal Code 977. (Adopted January 1, 2007, Repealed January 1, 2008, Re-enacted and Revised January 1, 2010, Renumbered from Rule 6.6.4, January 1, 2010)

6.3.9. After Final Pre-trial conference the court will not engage in disposition negotiations, will accept only pleas and will not accept pleas to less than all charged offenses except pursuant to written motion establishing good cause therefore. (Adopted January 1, 2007, Repealed January 1, 2008, Re-enacted and Revised January 1, 2010, Renumbered from Rule 6.6.5, January 1, 2010)

6.3.10. After Final Pre-trial any motion to dismiss made by the prosecution must be in writing and include a statement of factual basis and good cause as to why the motion was not brought at an earlier date. (Adopted January 1, 2007, Repealed January 1, 2008, Re-enacted and Revised January 1, 2010, Renumbered from Rule 6.6.6, January 1, 2010)

6.3.11. Prior to a scheduled trial a Trial Readiness and Management Conference (TRMC) will be held which will include preliminary consideration of all motions in limine, proposed voir dire, proposed jury instructions and verdict form, and trial management issues. All parties shall file with the court and serve on all other parties 10 days prior to that conference a TRMC Statement including the material mentioned above, list of anticipated witnesses each expects to call, time estimate of the party’s case in chief (including anticipated cross examination), and list and copy of all exhibits. Counsel shall be familiar with the provisions of sections 4.30 and 2.20 of the Standards of Judicial Administration in connection with voir dire. (Adopted January 1, 2007, Revised January 1, 2008, Revised January 1, 2010, Renumbered from Rule 6.8.1, January 1, 2010)

6.3.12. Multiple cases set for the same trial period will proceed in the following order: cases in which no time waiver has been given ahead of all others, in-custody defendants ahead of others, felonies ahead of misdemeanors, and then to cases based on earliest filing date. The court will endeavor to establish an order in which cases proceed at least one week prior to the first day of the trial period. (Adopted January 1, 2007, Revised January 1, 2008, Revised January 1, 2010, Renumbered from Rule 6.8.3, January 1, 2010)

6.3.13. In the event that multiple cases are set for the same trial period, any case not immediately proceeding will be trailed day-to-day. All parties shall monitor the progress of cases in trial and be prepared to proceed on one-half (1/2) day notice. Trailing cases are subject to being advanced and/or the order of trailing changed pursuant to disposition of earlier set cases, or upon order of the court. (Adopted January 1, 2007, Revised January 1, 2008, Revised January 1, 2010, Renumbered from Rule 6.8.4, January 1, 2010)

6.3.14. Unless the court orders otherwise, on the first day of a scheduled trial, counsel and defendants shall appear at 8:15 a.m. (Adopted January 1, 2007, Revised January 1, 2008, Revised January 1, 2010, Renumbered from Rule 6.8.5, and January 1, 2010)

6.3.15. Counsel shall have made sufficient arrangements for the appearance of witnesses that progress of trial is not delayed. (Adopted January 1, 2007, Revised January 1, 2008, Revised January 1, 2010, Renumbered from Rule 6.8.6, January 1, 2010)

6.3.16. Counsel shall insure that the prospective jury pool and jury panel are not contaminated by contact with counsel, defendants, or witnesses when in or about the courthouse or otherwise. (Adopted January 1, 2007, Revised January 1, 2008, Revised January 1, 2010, Renumbered from Rule 6.8.7, January 1, 2010)

Rule 6.4. Discovery and Investigation

(Renumbered and revised from Rule 6.5, January 1, 2010)

6.4.1. Discovery is reciprocal and governed by Penal Code sections 1054-1054.7, and, to the extent not prohibited by or inconsistent with such sections, this Rule. (Adopted January 1, 2007, Renumbered from Rule 6.5.1, January 1, 2010)

6.4.2. Informal requests for discovery are deemed to occur at arraignment. (Adopted January 1, 2007, Renumbered from Rule 6.5.2, January 1, 2010)

6.4.3. Rule repealed effective January 1, 2008; adopted effective January 1, 2007. The repealed rule related to the discovery duties of the District Attorney. Renumbered from Rule 6.5.3, January 1, 2010

6.4.4. Upon receiving discovery the defense forthwith shall identify and initiate such investigation, including independent acquisition of prior conviction records, interview of witnesses, retainer of experts, and chemical/scientific testing as is necessary and appropriate to case evaluation and as will permit meaningful pre-trial and/or pre-preliminary examination conference and timely preliminary examination and/or trial. (Adopted January 1, 2007, Renumbered from Rule 6.5.4, January 1, 2010)

6.4.5. Rule repealed effective January 1, 2008; adopted effective January 1, 2007. The repealed rule related to requests for discovery. , Renumbered from Rule 6.5.5, January 1, 2010

Rule 6.5. Dispositive Pleas

(Renumbered from Rule 6.7, January 1, 2010)

6.5.1. Notwithstanding the limitations of Penal Code sections 1192.5 and 1192.6 to felony offenses, the provisions of those sections shall apply also when a defendant enters a plea of guilty or no contest to any misdemeanor offense involving use of a weapon, the infliction of any injury, domestic violence, and/or aggravating facts subjecting the defendant to increased penalties (e.g. prior conviction).

  1. In all cases coming under this Rule in which a plea is conditioned upon the court’s acceptance of a limitation on the punishment to be imposed the Defendant shall state on the record the terms of the conditional plea, and the District Attorney shall state approval thereof on the record.
  2. In all cases coming under this Rule in which charges contained in the original accusatory pleading are to be amended or dismissed, the District Attorney shall state the reasons for the amendment or dismissal on the record.
  3. In all cases coming under this Rule in which the District Attorney seeks dismissal of a charge in a complaint, information, or indictment the District Attorney shall state the specific reasons for the dismissal on the record.
  4. In all cases coming under this Rule in which the District Attorney recommends what punishment the court should impose or how it should exercise any of the powers legally available to it, the District Attorney shall state such recommendation on the record.

(Adopted January 1, 2007, Revised January 1, 2008, Renumbered from Rule 6.7.1, January 1, 2010)

6.5.2. In any case in which plea bargaining is presumptively prohibited by Penal Code section 1192.7 and a plea bargain is proposed to the court, the District Attorney shall state on the record the reasons it is believed the case is exempt from the prohibition. (Adopted January 1, 2007, Revised January 1, 2008, Renumbered from Rule 6.7.2, January 1, 2010)

6.5.3. Pleas to all felonies and to misdemeanors offenses that subsequently may be charged as priors shall be accomplished by the contemporaneous filing of a fully executed relevant change of plea form. Counsel shall explain the entirety of the form to defendants and defendants shall be prepared to respond to inquiries from the court about the contents of the form and the intended plea. (Adopted January 1, 2007, Renumbered from Rule 6.7.3, January 1, 2010)

6.5.4. Pleas to offenses, whether charged and/or the subject of felony or misdemeanor plea, with special sentence consequences (e.g., drug or domestic violence programs, registration as drug or sex offender) shall be accomplished by the contemporaneous filing of a fully executed relevant change of plea form. Counsel shall explain the entirety of the form to defendants and defendants shall be prepared to respond to inquiries about the contents of the form and the intended plea. (Adopted January 1, 2007, Renumbered from Rule 6.7.4, January 1, 2010)

6.5.5. Rule repealed effective January 1, 2008; adopted effective January 1, 2007. The repealed rule related to pleas entered by counsel. Renumbered from Rule 6.7.5, January 1, 2010

6.5.6. Pleas of no contest and/or pursuant to People v. West, 3 Cal.3d 595, are permitted only if accompanied by a statement of factual basis or reference to and submission of specific documentary evidence supporting the plea, consistent with People v. Holmes, 32 Cal.4th 432, and People v Willard, 154 Cal.App.4th 1329. (Adopted January 1, 2007, Revised January 1, 2008, Renumbered from Rule 6.7.6, January 1, 2010)

6.5.7. Pleas with waivers pursuant to People v. Harvey, 25 Cal.3d 754, are permitted only if accompanied by a statement on the record identifying the dismissed counts or charges to which such waiver does and does not apply. (Adopted January 1, 2007, Revised January 1, 2008, Renumbered from Rule 6.7.7, January 1, 2010)

Rule 6.6. Continuances; Special Appearances

Renumbered from Rule 6.9, January 1, 2010

6.6.1. Continuances frustrate the disposition goals and orderly processes of the court and are disfavored. However, in consideration of the court’s remote location, it is the policy of the court reasonably to accommodate unavoidable conflicting commitments of counsel and defendants. Scheduling of continued matters shall be consistent with the regular calendars of the court. Routine requests to move matters from one calendar to another are disfavored. Conflicts arising after the scheduling of a given matter generally shall not constitute good cause. (Adopted January 1, 2007, Revised January 1, 2008, Renumbered from Rule 6.9.1, January 1, 2010)

6.6.2. Motions to continue which fail to comply with Penal Code section 1050 and particular applicable statutes and California Rules of Court, are disfavored. A stipulation alone will not constitute grounds for any continuance, should not be relied upon without court order, but may be presented as part of a motion. (Adopted January 1, 2007, Revised January 1, 2008, Renumbered from Rule 6.9.2, January 1, 2010)

6.6.3. Rule repealed effective January 1, 2008; adopted effective January 1, 2007. The repealed rule related to special appearances by one attorney for another in criminal matters. Renumbered from Rule 6.9.3, January 1, 2010

Rule 6.7. Judgment & Sentencing/Probation

Renumbered from Rule 6.10, January 1, 2010

6.7.1. Judgment & Sentence/Probation shall follow promptly upon entry of plea or verdict of guilty; immediate sentencing may occur in the absence of probation report upon stipulation of the parties, waiver of time by the defendant, and approval by the court. Unless otherwise ordered by the court, Judgment & Sentencing/Probation hearings requiring probation reports or pursuant to time waiver by defendant shall be held not later than the fourth week following plea or verdict. (Adopted January 1, 2007, Renumbered from Rule 6.10.1, January 1, 2010)

6.7.2. Judgment & Sentence/Probation Orders for time in county jail are satisfied by custody in El Dorado County (Placerville or South Lake Tahoe) pursuant to cooperative agreement with Alpine County. Delayed surrender shall be permitted only upon a showing of good cause and when accompanied by the defendant’s acknowledgment of the principles of and waiver pursuant to People v. Cruz, 44 Cal.3d 1247, and People v. Masloski, 25 Cal.4th 1212. Requests for weekend time in custody shall be accompanied by specific dates, time, and place of self-surrender and be accompanied by similar Cruz/Masolski acknowledgment and waiver. (Adopted January 1, 2007, Revised January 1, 2008, Renumbered from Rule 6.10.2, January 1, 2010)

6.7.3. Rule repealed effective January 1, 2008; adopted effective January 1, 2007. The repealed rule related to the Sheriff’s Work and Community Service programs. Renumbered from Rule 6.10.3, January 1, 2010.

6.7.4. Rule repealed effective January 1, 2008; adopted effective January 1, 2007. The repealed rule related to out-patient or in-patient counseling. Renumbered from Rule 6.10.4, January 1, 2010.

6.7.5. Rule repealed effective January 1, 2008; adopted effective January 1, 2007. The repealed rule related to sentencing in the defendant’s absence. Renumbered from Rule 6.10.5, January 1, 2010.

6.7.6. Rule repealed effective January 1, 2008; adopted effective January 1, 2007. The repealed rule related to summary reports given to the Court by the Probation Officer. Renumbered from Rule 6.10.6, January 1, 2010.

6.7.7. Rule repealed effective January 1, 2008; adopted effective January 1, 2007. The repealed rule related to judgments of imprisonment. Renumbered from Rule 6.10.7, January 1, 2010.

6.7.8. Rule repealed effective January 1, 2008; adopted effective January 1, 2007. The repealed rule related to the defendant’s actual days already in custody. Renumbered from Rule 6.10.8, January 1, 2010.

Rule 6.8. Working Copies of Motion Pleadings, Pretrial Management Conference Statements, Trial Briefs

Renumbered from Rule 6.11, January 1, 2010.

6.8.1. Any pleading consisting of eight or more pages, inclusive of attachments, when filed shall be accompanied by an additional copy conspicuously marked “Working Copy”. (Adopted January 1, 2007, Renumbered from Rule 6.11.1, January 1, 2010)

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