Local Rules of Court San Francisco Superior Court Rule 16
Rule 16 - Criminal Division
16.0 Criminal Departments. The Presiding Judge designates departments to hear criminal
matters.
A. The criminal division of the Courts consists of the felony and misdemeanor trial
courts and the preliminary hearing courts.
B. The criminal division must include a master calendar department which must
assign all felony trial matters and such other criminal matters as the presiding
judge may direct. The judge sitting in the master calendar department is referred
to in this LRSF16 as the “supervising judge.”
C. The criminal division clerk’s office is located at the Hall of Justice, 850 Bryant
Street, San Francisco, California, Room 101.
16.1 General Proceedings
A. Court Sessions. The time for conducting sessions of the criminal
court departments will be established by the Presiding Judge.
B. Posting Calendars. Calendars for the criminal division departments are posted
outside of Room 101 and outside each criminal division department.
16.2 Filings. All filings except writs must be made in Room 101, except filings may be made
in court with the permission of the assigned judge. Writs must be filed in the appropriate
court pursuant to LRSF 16.11 and 16.12. In advance of filing motions, the moving party
must confirm the availability of dates set for hearings.
16.3 Continuances.
A. Counsel must consider trial dates to be fixed obligations and must be prepared to
commence trial when scheduled.
B. If, on the date set for trial counsel is actually engaged in the trial of another case,
the case scheduled for trial will be continued from day to day until completion of
the trial of the other case or until the Court determines that trial should proceed.
C. Motions for continuances of trials or other matters must be in writing and noticed
for hearing in felony cases: in the criminal division master calendar department at
9:00 a.m. on any court day. In misdemeanor cases and preliminary hearing cases:
in the assigned department in accordance with its calendar procedures. These
motions must be supported by appropriate declarations, which must include the
date the complaint and/or information was filed, the number of continuances
previously granted, and at whose request. Oral motions for continuances will not
be considered absent extraordinary circumstances.
16.4 Pretrial Conferences.
A. Policy of the Court. The Court holds meaningful pretrial conferences for the
purpose of facilitating the orderly disposition of cases, by trial or otherwise.
Accordingly, counsel must prepare for and actively participate in pretrial
conferences.
C. Scheduling. A pretrial conference must be scheduled by the master calendar
department in every felony trial matter. Pretrial conferences may be scheduled in
any other case at the discretion of the judge.
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C. Matters to be Discussed. Counsel must be prepared at the pretrial conference to
discuss any matter relating to the disposition of the case, including but not limited
to, trial or hearing readiness, estimated length of the trial or hearing, identity of
anticipated witnesses and the substance of their testimony, special problems, and
whether a disposition without trial or hearing is feasible.
16.5 Trial Related Filings. Jury instructions must be submitted in accordance with the
requirements set forth in CRC 2.1055 and 2.1050 and are due the first day of trial. Witness lists
including time estimates for direct testimony, proposed voir dire questions if any, and requests
for 402 hearings, are also due the first day of trial. Trial briefs should have appended copies of
the principal cases relied on.
16.6 Transcripts in Criminal Proceedings. Any request by a defendant or defendant’s
counsel for a transcript at court expense must be submitted to the judge before whom the matter
was heard. The request must be accompanied by a declaration stating (1) that the defendant is
unable to pay for the cost of the transcript, and (2) the legal reasons the transcript is necessary.
The motion must be accompanied by a proposed order.
If a transcript is requested by a member of the Office of the Public Defender, the public defender
must first seek funding from its own budget before requesting a Court order for such funding at
public expense. If such funding is not available a request must show by declaration that no such
funding is available.
16.7 Withdrawal as Attorney of Record. An attorney representing a client in a criminal
proceeding must not be relieved from such representation except by order of the Court either
upon a timely motion or by the consent of the defendant.
16.8 Discovery.
A. Discovery Requests.
1. At the time of the defendant's first appearance on a felony trial or
misdemeanor trial matter, an informal mutual request for continuing
discovery is deemed to have been made. Disclosures required by Penal
Code §§1054.1 and 1054.3 shall be made not later than the pre-trial
conference.
2. Discovery material provided to the opposing side, including documents,
photographs, audio or video tape recordings, must be recorded in a receipt
retained by the party providing the discovery and signed by the opposing
side, setting forth the specific items provided and the date they were
provided to the opposing side.
B. Motions to Compel Discovery.
1. Upon receipt of any written informal request, the receiving party must
respond by providing the information requested, or by specifying in
writing the items the party refuses or is unable to produce and the reason
for the refusal or inability, or by seeking a protective order.
2. A motion pursuant to LRSF16.9 may be made to compel discovery under
Penal Code §1054.5(b) which (1) describes the oral and written requests to
obtain discovery, (2) specifies the items sought by the motion, and (3)
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states that the moving party has met and conferred with the other party on
the substance of the motion.
C. Pitchess Motions – Evidence Code 1043. All motions for discovery of peace
officer personnel records pursuant to Evidence Code §1043 must conform to the
notice requirements of CCP §1005. The motions are calendared in Department
30 at 9 a.m.
16.9 Motions.
A. Unless otherwise authorized by law,
1. all pre-trial motions must be filed within sufficient time to be heard and
determined at the pre-trial conference or they will be deemed waived.
2. Motions relating to pending information, indictments or misdemeanor
complaints and all supporting papers must be filed and served at least 15
calendar days before the date of the hearing. All other motions and
supporting papers, including those relating to pending felony complaints,
must be filed and served at least 10 calendar days before the date of the
hearing. All papers opposing the motion must be filed at least 5 calendar
days and all reply papers at least 2 court days before the time appointed
for hearing.
B. Deadlines for certain motions:
Penal Code §1538.5 motion to suppress
Motion at preliminary hearing 5 court days
Opposition 2 court days
Special hearing in felony trial court 10 court days
Opposition 2 court days
Penal Code §995 motion to dismiss 15 calendar days
Motion to sever/consolidate 15 calendar days
Evidence Code §1043 (Pitchess) discovery 16 court days
Opposition 9 court days
Reply 5 court days
Motion to recuse counsel 10 court days
Motion to release on bail before sentencing 2 court days
Motion to release on bail after sentencing 5 court days
Motion to compel discovery 3 court days
Motion to continue 2 court days
Motion to recall bench warrant 2 court days
Motion to amend information or indictment 2 court days
Motion to modify probation 2 court days
Motion to substitute or withdraw as counsel 2 court days
C. All motions must be accompanied by supporting points and authorities that must
include a description of the facts, a specification of the charged offenses and
authorities relied upon. References to the record must be supported by specific
citations. References to any transcribed proceeding must designate the date and
nature of the proceeding and cite the page and line of the reference.
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D. Points and authorities must not exceed 15 pages. On application, the Court may
permit additional pages upon good cause shown.
E. A copy of any document or pleading that is referenced in a motion, other than a
court transcript, must be attached to the motion. If relevant, the defendant must
attach legible copies of the search warrant, affidavit in support of the warrant
and/or receipt and inventory of property.
F. To the extent practicable, multiple motions relating to the same case must be filed
and heard at the same time.
G. Courtesy copies of all motions, oppositions and replies must
1. be provided directly to the courtroom where the motions are to be heard
and
2. include copies of controlling case opinions.
H. Ex parte motions. Ex parte motions must include recitations that the opposing
party has been informed of the relief sought, and agrees or does not agree with
that relief. Counsel must provide ex parte motions directly to the clerk and not
the judge.
16.10 Penal Code § 1538.5 Motions.
A. Motions pursuant to penal code § 1538.5 must
1. describe and list the specific items of evidence which are the
subject of the motion;
2. specifically state the legal basis which will be relied upon; and
3. cite the specific authorities relied upon.
B. If the motion relates to a warrantless search
1. the people’s response must state the justification for the seizure
and may include declarations,
2. the court at the commencement of the hearing may
a. require the defense to state the basis for the alleged fourth amendment
violation,
b. require an offer of proof from the people why there is no such
violation and
c. then confine the taking of evidence to material controverted issues.
C. Harvey-madden notice. Whenever there is an issue in a motion with regards to
either:
1. People v. Harvey, (1958) 156 Cal. App. 2d 516, People v.
Madden, (1970) 2 Cal.3d 1017, and their progeny, or
2. The existence of an arrest warrant (People v. Romanoski (1984)
157 Cal. App. 3d 353, 360), then motion and the memorandum of points
and authorities must so indicate.
D. Motions to traverse or quash must be brought before the judge who signed the
search warrant that is the subject of the motion.
16.11 Writs of Habeas Corpus (CRC 4.552(c)).
A. Matters relating to all criminal proceedings must be presented to the Supervising
Judge.
B. Matters relating to the juvenile court must be presented to the Supervising Judge
of the family law division.
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16.12 Writs Other Than Habeas Corpus. Petitions for writs in criminal proceedings, other
than habeas corpus, must be filed as follows:
A. Petitions for writs of mandate or prohibition in misdemeanor and infraction
cases must be filed in the appellate division of the Superior Court. [CCP §§ 1085,
1103]
B. Petitions for writs of mandate or prohibition in felony cases must be filed in
the District Court of Appeal.
C. Petitions for writs of error coram nobis must be presented to the Supervising
Judge.
16.13 Trial Calendar. The felony trial calendar for each week is called in the courtroom of the
Supervising Judge at 9:00 a.m. each Friday and such other days and times as that judge
designates with the approval of the Presiding Judge.
16.14 Daily Calendar. All other felony matters will be called no later than 9:00 a.m. daily, or
such other times as the Supervising Judge may direct with the approval of the Presiding Judge
and such other days and times as that judge designates with the approval of the Presiding Judge.
16.15 Felony/Misdemeanor/Infraction Bail Schedules. The Court must regularly maintain
bail schedules available from the clerk of the court, and available online at
www.sfgov.org/site/courts.
16.16 Bail Setting and Rehearing.
A. Requests for bail reduction or increase must state the date of all other
applications, by any person, that have been previously made, including to whom
such application was made and the prior ruling(s).
B. Requests for an increase or reduction of bail must be made to the judge who set
such bail, except:
1. Bail Set Ex Parte. Bail set ex parte is subject to modification by the
judge before whom the defendant appears for arraignment.
2. A judge presiding over a preliminary examination or trial may, in that
judge’s discretion, after receipt of evidence, modify the bail.
3. A judge hearing a criminal matter may, upon motion of either the
defendant or the People, modify the bail.
4. Change of Plea. Upon defendant’s change of plea to guilty or no contest,
the assigned judge may, in the judge’s discretion, with or without motion
of any party, modify bail.
16.17 Bench warrants: felony trials and felony probation matters. Upon the return of a
bench warrant issued in a felony trial or felony probation matter, the action is restored to
the Master Calendar. The action will be calendared by the next Court day after the
warrant is received in the criminal court clerk’s office, Room 101, provided the warrant is
received no later than 3:00 a.m. on the day the warrant is to be calendared.
16.18 Court-Appointed Attorney Compensation.
A. Policy. The Court will appoint counsel if the attorney has the requisite legal
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ability and diligence to represent a given defendant who is eligible for such
services as set forth in The San Francisco Superior Court Guidelines for
Determination of Financial Eligibility for Appointment of Counsel and Ancillary
Services in Adult Criminal and Juvenile Delinquency Cases effective January,
2004. Counsel accepting appointment will be required to agree to and adhere to
the following policies and fee schedules.
B. Compensation. The compensation of private counsel appointed by the Court to
represent indigent defendants must be fixed by the compensation schedule set by
the judges of the Court and set forth in the current Policies and Procedures
Manual (“MANUAL”). All requests for payment must be directed to the Bar
Association of San Francisco (BASF). The current Manual is found at the Bar
Association site as follows:
HTTP://WWW.SFBAR.ORG/FORMS/INDEX/ASPX (Forms Under Heading
Indigent Defense Administration Program).
C. Excess Attorneys’ Fees. If appointed counsel claims compensation in excess of
the scheduled amounts, the attorney may seek additional compensation pursuant
to the procedures in the manual.
D. Expenses-Prior Approval Required. Expenses such as expert witness or
investigator costs, reasonably necessary for private counsel must be reimbursed
by the Court only if a written order of the Court has been previously obtained
authorizing such amount, unless the expenses are authorized by the manual.
Unauthorized expenses will not be reimbursed.
E. Submission. Claims for payment of services rendered must be submitted in
accordance with the regulations detailed in the Manual.
F. Format. Claims for compensation of attorneys’ fees and expenses must be made
following a format set forth in the Manual. Counsel must set forth with
particularity the nature of the services performed and are expected to make
available time sheets or other documentation if requested by the Court or by any
entity or person authorized by the Court to review such fee requests.
GUIDELINES FOR DETERMINATION OF FINANCIAL ELIGIBILITY FOR
APPOINTMENT OF COUNSEL AND ANCILLARY SERVICES IN
ADULT CRIMINAL AND JUVENILE DELINQUENCY CASES.
SCOPE
These guidelines apply to the appointment of the office of the Public Defender, private counsel
or an ancillary service.
Determining Financial Eligibility/Standard Test
The standard test for financial eligibility for the appointment of counsel is whether or not
a private attorney would be interested in undertaking representation of the client, given
the applicant’s present economic circumstances.
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Written Financial Statement
A financial statement must be completed by the defendant, and the court must review such
statement, prior to any appointment of counsel or ancillary services for an out of custody
defendant.
In-custody individuals may be directed to complete a financial statement where the Court
concludes, based upon inquiry of the applicant that the applicant’s or spouse’s income and/or
holdings, or other financial information, that the applicant may not qualify for appointment of
counsel.
The defendant must complete a financial statement if (1) the public defender has declared a
conflict and/or the applicant is seeking a Harris appointment or (2) counsel for the defendant is
retained by a third party, but appointment of ancillary services is requested.
The financial statement is confidential and privileged and is not admissible as evidence in any
criminal proceeding except the prosecution of an alleged offense of perjury based upon false
material contained in the financial statement.
Should the applicant need assistance in locating counsel, the Court or the Office of the Public
Defender may refer the applicant to the Lawyer Referral and Information Service of the Bar
Association of San Francisco (LRIS/BASF). LRIS/BASF maintains a list of attorneys, called by
rotation, all of whom meet the same experience required of the Criminal and Delinquency
Conflicts panels. LRIS/BASF will supply the Court with referral information. Neither the Court
nor the Office of the Public Defender or any other officer or member of the Court shall refer an
applicant to any particular attorney or provider of services.
16.19 Fee Hearings (Penal Code §987.8). If the Court has appointed counsel to represent a
defendant unable to afford the cost of retaining an attorney the Court may conduct a fee hearing.
The Court must use the fee schedule below unless there is good cause to impose a different fee.
INDIGENT FEE REIMBURSEMENT SCHEDULE
The Court has the discretion to set fees higher than set forth here. Cases involving
insubstantial or brief representation are not subject to a fee.
If the Court enters a fee order, the person will be referred to the Treasurer’s Office for
payment and given payment instructions.
MISDEMEANOR CASES
Case resolves prior to trial $200
Case proceeds through trial $500 up to $1,000
(depending on complexity of case)
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FELONY CASES
Case resolves prior to preliminary $200
hearing
Case proceeds through preliminary $200 up to $500
hearing
Case proceeds through trial $1,000 up to $2,500
(depending on complexity of case)
JUVENILE CASES
Case resolves prior to trial $200
Case proceeds through trial $500 up to $1,000
(depending on complexity of case)
16.20 Redaction of Police and Related Reports. Any person attaching police reports, arrest
reports, and investigative reports attached to any document filed with the court must redact
information as listed below, before the document is filed. The court will not file documents
without the required redaction. Any document or report that is refused for filing for failure to
comply with this order is not considered filed for the purpose of a filing deadline. The
information that must be reacted is: driver license and identification card numbers; dates of
birth; social security numbers; names and birth dates of victims and witnesses; addresses and
phone numbers of victims and witnesses; financial institution account numbers and credit card
numbers.
Rule 16 amended effective July 1, 2007; adopted July 1, 1998; amended effective
January 1, 2000; amended effective January 1, 2003; amended effective January 1, 2006.
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