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Thursday, July 31, 2014
Rule 5: Criminal Rules


RULE 5. CRIMINAL RULES

5.1PRETRIAL MOTIONS

(a) All statutory and Rules of Court procedure control, and the Court hereby incorporates by reference the requirements of California Rules of Court, Rule 4.111, pertaining to the making and timing of pretrial motions and opposition thereto, in Superior Court.

(b) In the event that the moving papers are not timely filed for the assigned hearing date without good cause demonstrated, the motion may be deemed waived by the moving party.

(c) If any authority other than California cases, statutes, constitutional provisions or State or local rules is cited in any motion or memorandum of points and authorities, a copy shall be attached to the papers in which the authorities are cited and tabbed as exhibits. If a California case is cited before the time it is published in the Advance Sheets of the Official Reports, a copy of that case shall also be attached and tabbed. (Eff. 01/01/09)

5.2CRIMINAL DISCOVERY

Discovery in criminal actions is reciprocal in nature and is governed by Penal Code §§ 1054 et seq. There shall be a standing order in each criminal action requiring all parties and their attorneys to comply with Penal Code §§ 1054 et seq. The order is deemed to have been made and communicated to all counsel at the time of arraignment.

Before a party may seek Court enforcement of any of the disclosures required by law, the party shall make an informal request of opposing counsel for the desired materials and information in the manner required by Penal Code § 1054.5(b). Failure to make such request shall be grounds for denial of a discovery motion. Informal requests should be presented to opposing counsel in writing.

Motions for discovery shall be focused upon specific items which remain in dispute after presentation of informal requests. “Boilerplate” discovery motions are disfavored. Counsel shall meet and confer in a good faith effort to resolve or narrow the disputed issues before the hearing of any discovery motion. (Eff. 01/01/09)

5.3CONTINUANCE OF CASES SET FOR TRIAL

Motions to continue the trial of a criminal case are disfavored and shall be denied unless the moving party, pursuant to Penal Code § 1050, establishes that the interests of justice require a continuance. (Eff. 01/01/09)

 


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