Division Iii

Cal. Form CRM-140

California Superior Local Rules

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2026 1 DIVISION III CRIMINAL

CHAPTER 1 GENERAL Rule 3.1.1 Documents Containing Confidential Personal Information A. Law Enforcement Reports: In accordance with Penal Code

section 964 and the public policy set forth therein, prosecutors and law enforcement agencies should not submit to the court any police report, arrest report or investigative report in support of a criminal complaint, indictment, or information, or in support of a search or arrest warrant, containing “confidential personal information” (as defined in Pen. Code, § 964, subd. (b)) of a victim or witness. Rather, prosecutors and law enforcement agencies should only submit documents from law enforcement officers that are devoid of this confidential personal information. B.

Other Documents: In accordance with California Rules of Court, rule 1.201 , no document that contains a full social security number or financial account number should be submitted to the court. If a social security or financial account number is required in a document submitted to the court, only the last four digits of that number may be used. C. Redaction or Rejection: 1.

In the alternative to submitting documents to the court that are devoid of the prohibited personal information noted above, a redacted copy of a document may be submitted, along with an unredacted copy that will be placed in the court file’s confidential envelope. This option is not available if no case has been filed yet. 2. The court will not undertake the task of redacting any prohibited personal information from documents submitted for the court’s consideration.

The burden to ensure that this information is not included within any such documents falls squarely on the agency or person preparing o r submitting the document to the court.

In this respect, the court may exercise its discretion to accept or reject a submitted document containing prohibited personal information. (Adopted 1/1/2006; Rev. 1/1/2017; Rev. 1/1/2023) Rule 3.1.2 Arraignment Options on Misdemeanors and Infractions Attorneys appearing in propria persona or who are retained to represent defendants charged with misdemeanors or infractions may, in lieu of a court appearance, arraign matters informally, at the counter or by fax, if the attorney, as authorized by the defendant, enters a plea of not guilty and waives time for trial.

These arraignment options are not available for: A. Defendants in custody on this or any other matter. B. Cases charging child abuse, which includes Penal Code sections 273a and 647.6, and other offenses where the victim is a minor. C. Cases charging domestic violence, as defined under Penal Code

section 1203.097 (where the victim is the defendant’s spouse or former spouse, cohabitant or former cohabitant, parent, grandparent, sibling, child or grandchild, a person with whom the defendant is having or had a dating or engagement relationship, or a person with whom the defendant has had a child). D. Cases charging an offense requiring registration under Penal Code

section 290. E. Cases prosecuted by the consumer fraud or code enforcement divisions of the San Diego City Attorney's Office. F. Cases on which a victim has elected to exercise the right to be present at the arraignment. G. Cases on which any previously posted cash bail or bond has been forfeited. Attorneys using the counter arraignment option must personally appear in the clerk’s office.

Attorneys who arraign a defendant pursuant to this rule, at the counter or by fax, must abide by the additional rules and criteria set forth in the Misdemeanor and Infraction Counter/Fax Arraignment Criteria ( SDSC Fo rm #CRM-140) and Misdemeanor and Infraction Counter/Fax Arraignment Form (SDSC Form #CRM-141). The clerk will assign a trial readiness and/or trial date as directed by the court. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 7/1/2002; Rev. & Renum. 1/1/2006; Rev. 1/1/2007; Rev. 1/1/2011; Rev. 1/1/2016; Rev. 1/1/2025)

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2026 2 Rule 3.1.3 Failure to Appear in Misdemeanor “Notify Letter” Cases If a defendant fails to appear in court for arraignment after a notify letter has been issued by the prosecutor in a misdemeanor case, the court will set a date 90 days in the future by which time the prosecutor will decide if they will file an Affidavit In Support of Arrest Warrant. If the prosecutor files an affidavit within this 90 -day period, the case will be referred to the designated criminal department for issuance of a warrant.

If no affidavit is filed within 90 days, the case will be dismissed for lack of prosecution unless the prosecutor petitions the court within this 90- day period and shows good cause for an extension of time to either send a notify letter or to file an Affidavit in Support of Arrest Warrant. This rule does not apply to domestic violence, drug court and Penal Code

section 1210 et seq. cases. (Adopted 1/1/2006; Rev. 1/1/2025) Rule 3.1.4 Bail A. Bail/Jail Committee: In compliance with Penal Code § 1269b, a committee of judicial officers (the “Bail/Jail Committee”), as designated by the Presiding Judge, shall annually review new legislation and timely submitted proposed Bail

Schedule revisions, and shall hold a public meeting in the first week of December of each year to discuss the proposed revisions. The Bail/Jail Committee shall, after the public hearing, by majority vote approve, deny, or modify the proposed revisions. The Bail/Jail Committee shall accept for consideration any proposed Bail

Schedule revision submitted in writing between September 1 and September 30, inclusive, each year, or during such time as designated by the Chair of the Bail/Jail Committee. The proposed changes approved by the Bail/Jail Committee shall be submitted to the court’s Executive Committee and Presiding Judge for final approval. The bail schedule, as approved by the Executive Committee and Presiding Judge, shall go into effect on or about January 1 of each year. B.

Bail Review: When bail has been set by a judge, all requests for an increase or reduction of said bail must be made to that judge, except that any judge to whom a criminal matter is assigned for any stage of the proceedings may, in their discretion, on the court's own motion, or on the motion of any party, modify the amount of bail set. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2010; Rev. 1/1/2017; Rev. 1/1/2022; Rev. 1/1/2025) Rule 3.1.5 Trial by Declaration A. A defendant may elect to have a trial by written declaration as provided under Vehicle Code

section 40902 on an alleged infraction, unless the offense involves alcohol or drugs pursuant to

Article 2,

Chapter 12, Division 11, of the Vehicle Code. B. Unless otherwise ordered by the court, the court will only accept for filing the following as supporting evidence submitted with a request for trial by written declaration: 1. P hotographs that are 8.5 by 11 inches or smaller; or 2. Paper documents that are 8.5 by 11 inches or smaller. C. Unless otherwise ordered by the court, the court will not accept for filing any supporting evidence submitted on a media storage device, such as a Compact Disc (CD), Digital Video Disc (DVD), or flash drive.

A party who would like the court to review an electronic sound, video, or sound-and-video recording, or any other supporting evidence that does not comply with

Section B above, for purposes of ruling on the trial by written declaration must: 1. “Lodge” the supporting evidence and, for recordings, provide a transcript of any relevant sound portions if reasonably feasible; 2. Note in

Section 5 of the Request for Trial by Written Declaration ( JC Form #TR-205 ), or in

Section 8 of the Officer’s Declaration (JC Form #TR-235), that supporting evidence was lodged with the court and provide a description of the item(

s) lodged; and 3. Either provide the court with a self-addressed, stamped envelope sufficient for the return of the lodgment, or pick it up within 60 days from the mailing of the court’s decision. The lodgment will be destroyed without further notice if the envelope is not provided and the lodgment is not picked up within the 60 days.

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2026 3 D. Red Light Camera Cases. In red light camera cases, any supporting evidence from the red light camera vendor subpoenaed by the prosecuting agency prior to a request by the defendant to proceed by trial by written declaration, and any supporting evidence submitted by a law enforcement agency/officer in response to a request for trial by written declaration, will be processed in accordance with subdivisions (

B) and (

C) of this rule. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006; Rev. 1/1/2010; Rev. 1/1/2017; Rev. 1/1/2020; Rev. 1/1/2022; Rev. 1/1/2024) Rule 3.1.6 Juror Questionnaires If juror questionnaires are proposed by counsel, they must be accompanied by a Juror Questionnaire Cover Sheet which will be provided by the court. (Adopted 1/1/1999; Rev. 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006) Rule 3.1.7 Prohibition Against Ex Parte Contacts The court will not entertain or engage in any ex parte communications with any party or a party's attorney regarding the merits of a pending criminal case, a motion, a petition for writ of habeas corpus, or an extraordinary writ.

However, a party or a party's attorney and the court's staff attorney may discuss procedural matters ex parte. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. & Renum. 1/1/2006)

CHAPTER 2 MOTIONS Rule 3.2.1 General Requirements A. Notice of Motion. All notices of motion and notices of opposition thereto must be in writing and must prominently display on the first page the trial readiness conference and trial dates, a time estimate for the motion hearing, and the number of witnesses to be called at the hearing, if any. B. Time for Service (except for motions to suppress heard at the preliminary examination). 1. All moving papers must be filed and served on the opposing party at least 15 court days before the time appointed for the hearing. 2.

All papers opposing the motion must be filed and served at least five court days before the time appointed for the hearing. 3. All reply papers must be filed and served at least two court days before the time appointed for the hearing. 4. Proofs of service of the moving papers must be filed no later than five calendar days before the time appointed for hearing. C. Points and Authorities. 1. The memorandum of points and authorities must include a statement of the case and a statement of facts setting forth all procedural and factual matters relevant to the issue presented. 2.

The memorandum must clearly specify the factual and legal issues raised and the specific legal authority relied upon for the motion. 3. Only the factual and legal issues set forth in the memorandum will be considered in the ruling on the motion unless it is established that the new issues were not reasonably discoverable before the motion was filed. 4. Failure of the moving party to serve and file points and authorities within the time permitted without good cause may be considered by the court as an admission that the motion is without merit. 5.

Except as to motions to suppress heard at the preliminary examination, failure of the responding party to serve and file points and authorities within the time permitted without good cause may be considered by the court as an admission that the motion is meritorious. D. Abandonment of Motions and/or Motions to be Taken Off Calendar or Continued for Other Reasons. Any party intending to abandon, take off calendar, or continue a motion must immediately notify opposing counsel and the clerk of the department in which the motion is to be heard.

In the event that the party seeks to continue the motion hearing date, they must include in the notice to the clerk whether the motion to continue is opposed or unopposed. The party must also notify the clerk immediately if the proceedings are suspended pursuant to Penal Code

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2026 4

section 1368 or if the case is disposed of by plea prior to the hearing. If it is the party’s intent that the motion hearing date be used as a change of plea hearing, such information must also be included in the notice. E. Concession That Motion is Meritorious. If the responding party elects not to oppose the motion, respondent must immediately notify opposing counsel and the clerk of the department in which the motion is to be heard. F. Trial Department Motions. No party may file in any law and motion department a motion which must be decided by the trial judge.

Such motions include, but are not limited to, motions to suppress based on confessions or admissions which are not a product of alleged Fourth Amendment violations (e.g., alleged violations of the Fifth and Sixth Amendments, such as Miranda violations, involuntary confessions, or denial of counsel), Trombetta/Youngblood motions, and severance motions resting on evidentiary considerations. G. Setting of Motions. The clerk in the department where the pretrial motion is filed or the business office clerk will set a date for hearing of the motion at least 15 court days after the motion is filed. H.

Length of Points and Authorities. No opening or responding memorandum of points and authorities exceeding 15 pages will be filed, absent an order from the judge of the court in which the motion is calendared. Such an order will be granted only upon a written application including a declaration setting forth good cause for the order. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006; Rev. 1/1/2012; Rev. 1/1/2019; Rev. 1/1/2021; Rev. 1/1/2022; Rev. 1/1/2025) Rule 3.2.2 Additional Requirements - Special Motions A. Motions to Dismiss or Strike (Pen. Code, § 995) and Demurrers. 1.

Defendant must attach a copy of the current complaint, information, or indictment to the motion. 2. The notice of motion must clearly state whether the defendant seeks to dismiss, strike or demur to the entire complaint, information or indictment. If the defendant does not challenge the entire charging document, the notice of motion must set forth the counts, enhancements, allegations, special circumstances, or other aspects of the charging document that are being challenged. B. Discovery Motions. In accordance with Penal Code

section 1054 et seq., discovery motions must include a declaration by counsel, under penalty of perjury, setting forth the previous oral and written efforts to obtain discovery by cooperative and informal means, and showing how the opposing party has failed to comply with Penal Code

section 1054.1 or 1054.3. The motion must be limited to the disputed items, or class of items, listed in the declaration. C. Suppression Motions (Pen. Code, § 1538.5). 1. Defendant must attach a copy of the current complaint, information, or indictment to the motion. 2. If relevant to the motion, the defendant must attach to the motion legible copies of the search warrant, affidavit in support of the warrant, and receipt and inventory of property. 3. The motion must include a list of specific items to be suppressed.

A general request to suppress “all items seized” is not sufficient and may be deemed an abandonment of the motion. Only listed items will be considered by the court for suppression or return, unless any newly identified item could not reasonably be specified prior to the hearing. 4. Motions Made at Felony Preliminary Examination. Motions made at a felony preliminary examination must comply with Penal Code

section 1538.5, subdivision (f). Defendant may, but is not required to, file a reply brief. Proofs of service must be filed by the date of the hearing. 5. Motions Made in All Other Cases. a. Defendant must specify the precise grounds for suppression of the evidence, including the inadequacy of any justification for the search and seizure. If defendant’s motion alleges the lack of a warrant as the sole basis for suppression, any opposition filed by the People should specify the justification for the warrantless search. The defendant should then file a reply specifying the inadequacies of the justification.

The reply brief must be filed and personally served at least two court days prior to the hearing. The raising of new issues in the reply may constitute good cause for continuance to permit the prosecution to prepare for the hearing. b. A motion brought following a felony preliminary examination must state whether the party stipulates to the preliminary examination transcript, whether the motion was raised at the preliminary examination, and, if so, must specify what factual findings and legal conclusions were made by the magistrate. Failure

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2026 5 to indicate whether or not the party stipulates to the preliminary examination transcript will be deemed a stipulation to the admission of the transcript. (Adopted 1/1/2000; Renum. 7/1/2001; Rev. 7/1/2002; Rev. 1/1/2003; Rev. & Renum. 1/1/2006; Rev. 1/1/2007) Rule 3.2.3 Additional Requirements - Felonies A.

At the post-bindover arraignment on the information or arraignment on an indictment, the judge will set a filing deadline for all pretrial motions which will be 21 calendar days after the arraignment or such other date as the judge may, for good cause, assign. B. All such motions, including motions to join in motions, must be filed no later than the close of business on the assigned date. C.

No moving papers will be accepted thereafter for filing except by order of the supervising criminal judge extending time or granting relief from default. (Adopted 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006) Rule 3.2.4 Motions Settings - Misdemeanors and Infractions Except where there is an order setting a hearing date, the moving party may request a date for the hearing.

Dates are subject to confirmation by the clerk's office and mandatory time provisions of statutes, the California Rules of Court, an d these rules. (Adopted 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006) Rule 3.2.5 Discovery Motions for Jury Services Information and/or Related Motions to Challenge Jury Selection System A.

All discovery motions for jury services information and/or related motions to challenge the jury selection system must be filed in the department of the Supervising Criminal Judge, located in the San Diego Central Courthouse, whether or not the criminal case has been assigned to a judge for all purposes. B. Moving papers relating to such motions must identify arguments as to why the jury selection system is defective. C. All moving papers relating to such motions must be separately served on the Jury Commissioner or Manager of Jury Services, the same date the moving papers are served on responding party.

Proof of service must be filed with the original moving papers. D. The Jury Commissioner, Manager of Jury Services, or court employees whose primary employment is in the Jury Services Office will not be called to testify at a hearing on a discovery motion for jury services information and/or related motions to challenge the jury selection system unless given three court days prior notice. E.

For good cause shown, the Supervising Criminal Judge may waive any of the above requirements. (Adopted 1/1/2008; Rev. 1/1/2017) Rule 3.2.6 Exhibits to Motions or Other Pleadings The court will not accept for filing any media storage device, such as a Compact Disc (CD), Digital Video Disc (DVD), or flash drive, that is attached as an exhibit to a motion or pleading. Such exhibits must be “lodged” with the court and will be returned to the submitting party, as provided below. This rule does not apply to exhibits identified and marked for the record at the time of trial or other hearing. A.

Permissible Format A bsent leave of court, and except as provided in subdivision B, an exhibit attached to or filed with a motion or other pleading must be filed in paper format, or by e-filing if available. Such exhibits must be legible and complete, and must not require use of another resource to view the exhibit. CDs, DVDs, flash drives, and other types of media storage devices are specifically prohibited as an exhibit attached to or filed with a motion or other pleading. B.

Sound and Sound-and-Video Recordings A party who would like the court to review an electronic sound, video, or sound- and-video recording prior to any hearing on the motion or other pleading to which it pertains must: 1. Lodge the recording and, if reasonably feasible, file a transcript of any relevant sound portions.

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2026 6 2. File an original and one copy of a notice of lodgment that includes a numbered listing and brief description of all lodged items. 3. File proof of service of the lodgment and notice of lodgment on all opposing parties, and provide the court with the means of return of the lodgment in accordance with California Rules of Court, rule 3.1302(b). 4. Upon return of the lodgment, store and maintain it for the time required for the case type in which it was lodged as set forth in Government Code

section 68152, unless the recording is identified and marked for the record at the time of trial or other hearing. 5. Return the lodged recording to this court or a reviewing court if required by law, requested, or ordered for purposes of reconsideration, appeal, or other review by the court. (Adopted 1/1/2019)

CHAPTER 3 EX PARTE REQUESTS Rule 3.3.1. Ex Parte Requests A. Written Applications: An application for an ex parte order must be requested by filing either: 1. A notice and application stating the relief sought; a brief memorandum of points and authorities specifying the authority to grant the ex parte relief, and facts supporting the relief sought; a declaration containing competent testimony supporting the request; proof of service; and a separately captioned proposed order. The caption of the proposed order must set forth the relief sought. 2. Ex Parte Application and Order (SDSC Form #ADM-252 ). B.

Multiple Cases and/or Defendants: If the application involves multiple cases and/or defendants, counsel must submit a complete application for each individual case number and/or defendant and a separate order for each case number and/or defendant. C. Service: Unless the ex parte application is limited to the moving party only and does not require notice (such as admission of a defense expert into a custodial facility), the moving party must serve the ex parte application on all parties by personal service, electronic mail, or facsimile, at the first reasonable opportunity. D. Electronic Submissions: 1.

Type of Relief Sought: Each Division of the San Diego Superior Court limits the type of relief that can be sought by an ex parte application submitted electronically. Accordingly, not all electronically submitted applications will be accepted for consideration and processing. Before submitting an ex parte application electronically, the moving party should refer to the court’s website at https://www.sdcourt.ca.gov for the types of ex parte applications accepted electronically at each Division. 2. Process: An application may be submitted electronically through Adobe Sign.

Once the application is prepared, the party or parties must route the document to the Supervising Judge in the Division where the case is pending using the email address in subdivision D.3, infra. Every party seeking ex parte relief in the application must sign the document and include their email address on the electronic submission to the court. The court must be the final signer on the document.

If the application is granted, the moving party must have the order processed by the Criminal Business Office or by the Supervising Judge’s clerk at the applicable Division within three court days, which includes filing the complete application and obtaining a conformed copy of the order and providing that conformed order to the other parties. 3.

Email Address: The application must be routed to the applicable Division through Adobe Sign at the following email address: Central Division: CSJ@SDCourt.CA.Gov East County Division: CSJEast@SDCourt.CA.Gov North County Division: CSJNorth@SDCourt.CA.Gov South County Division: CSJSouth@SDCourt.CA.Gov 4. Failure to Abide by Process: The order will become effective only upon being signed by the judicial officer and filed with the court. Orders signed more than three court days prior to filing may be rejected and require a new ex parte order application to be submitted. E. Paper Submissions:

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2026 7 1. Central Division: An application may be submitted for judicial review in the Ex Parte Drop- Off Box in the Criminal Business Office during normal business hours. Applications are generally processed within three court days. If the application is granted, the moving party must pick up the order from the Ex- Parte Pick-Up Box within three court days.

The moving party is responsible for having the order processed by the Criminal Business Office, which includes filing the complete application and obtaining a conformed copy of the order. Failure to complete the filing process within three court days of the granting of the application will result in a void order and the submitted documents being subject to destruction. 2. East and South County Divisions: An application may be submitted for judicial review by filing the application at the Attorney Window in the Criminal Business Office during normal business hours. 3.

North County Division: An application may be submitted for judicial review by filing the application in the Supervising Department during normal business hours. F. Format of all Submissions, Whether Paper or Electronic: 1. Signatures: If the electronically filed application contains non -electronic signatures, such as an original [i.e. “wet”] signature which has been scanned, the moving party must file the application with an original signature in the Criminal Business Office. 2.

Orders: All proposed orders must contain a footer with the case name, case number and title of the order on every page, unless it is a Judicial Council or SDSC form. The page containing the court signature and date must contain at least five lines of text. G. Place of filing: 1. If a case is pending in an assigned trial department, the application must be filed in the trial department. 2. If a trial department has not yet been assigned, the application may be filed as set forth in subdivisions D. or E., supra .

The ex parte application will be considered by the Criminal Supervising Judge, the Supervising Judge of the application Division, or their designee. 3. The application must be filed in the Division of the San Diego Superior Court where the case is pending, with the exception of an application for ancillary services. An application for ancillary services must be filed in the Central Division. (Adopted 1/1/2025)

CHAPTER 4 HABEAS CORPUS AND ERROR CORAM NOBIS PETITIONS Rule 3.4.1 Application This

chapter does not apply to extraordinary writs in misdemeanor or infraction cases in which the San Diego Superior Court is named as respondent. Such writs are governed by Division VII rules (Appellate). (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006; Renum. 1/1/2025) Rule 3.4.2 Place for Filing A. Habeas Corpus Petitions. 1. A petition for writ of habeas corpus should be filed in the criminal records division of the court that serves the area in which the underlying criminal case was or is pending. 2. A petition for writ of habeas corpus filed by or on behalf of an inmate at the R.J.

Donovan Correctional Facility concerning a condition of confinement should be filed at the South County Division. A petition challenging a parole eligibility finding should be filed in the criminal records division of the court that serves the area in which the underlying criminal case was adjudicated. B. Error Coram Nobis Petitions. A petition for writ of error coram nobis must be filed in the department of the supervising criminal judge of the division in which the underlying criminal case was or is pending. C. Subsequent Pleadings.

Unless otherwise ordered, any pleadings filed by any party after the original petition must be filed at the same location as the original petition, not in the department to which the petition has been assigned. (Adopted 1/1/1998; Rev. 1/1/1999; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2003; Renum. 1/1/2006; Rev. 1/1/2009; Renum. 1/1/2025)

Superior Court of California, County of San Diego Local Rules, Effective 1/1/2026 8 Rule 3.4.3 Service of Petition A. Except as provided in sections B and C of this rule, a petition will not be accepted by the clerk for filing unless it is accompanied by a proof of personal service upon the respondent. B. When a petitioner is a defendant who is not represented by counsel, the clerk will accept the petition for filing if it is accompanied by a proof of personal service or service by mail upon the respondent. C.

When a petitioner is an incarcerated prisoner, the clerk will accept the petition for filing without requiring a proof of service. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006; Renum. 1/1/2025) Rule 3.4.4 Supporting Documents A. A petition for any of the writs included in this

chapter must be accompanied by the following: 1. A copy of the order or judgment from which relief is sought; 2. Any declarations, relevant records, transcripts, or any other documents supporting a claim; 3. Documentation to show that a petitioner has exhausted any administrative remedies prior to filing the petition, if required, or a declaration under penalty of perjury explaining why administrative remedies have not been sought. B.

If a petitioner does not submit the required documents or does not provide facts sufficient to excuse the failure to submit the required documents, the court may summarily deny the petition. (Adopted 1/1/1998; Rev. 1/1/1999; Rev. 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006; Renum. 1/1/2025) Rule 3.4.5 Disposition of Petition A. Habeas Corpus Petitions. The parties must follow the procedures set forth in California Rules of Court, rules 4.550-4.552 and 4.560-4.577 . B. Error Coram Nobis Petitions. 1.

Within 30 days after the filing of the petition, the court will either summarily deny the petition or set the matter for hearing. 2. If the matter is set for hearing, the court will allow at least 15 days for the respondent and any real party in interest to file a responsive pleading. 3. On motion of any party, or on the court’s own motion, for good cause shown, the court may shorten or extend time for doing any act under this rule. (Adopted 1/1/1998; Rev. 1/1/1999; Rev. 1/1/2001; Renum. 7/1/2001; Rev. 7/1/2002; Rev. & Renum. 1/1/2006; Rev. 1/1/2009; Rev. 1/1/2022; Renum. 1/1/2025)

Document details

Collection	California Superior Local Rules
Citation	Cal. Form CRM-140
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	81a26ac88fb60d91621dc28b8f820d7b8224eb33

Source file is stored in the law ingest library (pdf).