Generally motions are enforced and regulated pursuant to rules of court, both local and state.
Felony matters: Prior to a defendant being held to answer as a result of a preliminary hearing or waiver thereof, applicable rules can be found under the court’s Local Rule 850.
Felony matters: After a defendant has been held to answer as a result of a preliminary hearing or waiver thereof, and upon the filing of a new charging document, Information, applicable rules can be found under the court’s Local Rule 800.
Misdemeanor matters: Detailed in the court’s Local Rule 850
Click here for the court’s Local Rules of Court
Click here for California Rules of Court
Most motions must first be served upon the Prosecuting Agency before being filed with the court. The clerk’s offices will ensure that the motion is filed timely and the contents therein are acceptable. If the case is not already set for a separate hearing on the date indicated on the motion, a new motion date will be set and calendared.