PREAMBLE
The Procedures contained in this Chapter are intended to supplement the procedural provisions of the Penal Code and Criminal Rules, California Rules of Court, Rule 4.1 et seq., and all counsel and parties are expected to be thoroughly familiar with all procedural provisions whether contained in the Penal Code, the California Rules of Court or this Chapter.
(Preamble [1/1/05] amended and effective 1/1/08.)
6.0 DUTIES OF SUPERVISING JUDGE OF THE CRIMINAL DIVISION
(a) Responsibility of Department 100. The Supervising Judge or such judge designated by the Supervising Judge shall preside in Department 100 and shall assign cases for trial to any court throughout the county, hear Grand Jury matters, resolve issues relating to pending death penalty cases and assist other courts in coordination of criminal calendars. The Supervising Judge may designate any other Superior Court judge to assist in these duties.
(Rule 6.0(a) [as (c) 7/1/95] renumbered 1/1/05.)
(b) Calendar Courts. The Supervising Judge shall designate certain judges in the Central District to be Calendar Court judges and those judges shall handle all cases assigned to them for all purposes. Calendar Court judges shall make every reasonable effort to manage their calendar so as to avoid the need to reassign cases.
(Rule 6.0(b) [as (d) 7/1/95] renumbered 1/1/05.)
(c) Trial Courts. The Supervising Judge may designate certain judges in the Central District to be Trial Courts. Assignment of cases to Trial Courts shall be made by Department 100 for all purposes.
(Rule 6.0(c) [as (e) 7/1/95] renumbered 1/1/05.)
(Rule 6.0 (a) Duties [7/1/95] and (b) Arraignments, Pretrial Motions, and Pretrial Conferences [7/1/95] REPEALED 1/1/05;
(Rule 6.0 [7/1/95] REPEALED in part, renumbered and effective 1/1/05.)
6.1 FILING AND TRANSFER OF CASES
(a) Filing of Cases. Indictments, criminal complaints and informations shall be filed in accordance with Rule 2.0(b)(3).
(Rule 6.1(a) [7/1/95] amended and effective 1/1/06.)
(b) Transfer of Cases. Whenever, in the opinion of the Presiding Judge or the Supervising Judge of the Criminal Division, the calendar in any district including the Central District, has become so congested as to jeopardize the right of a party to a speedy trial or to interfere with the proper handling of the judicial business in that district or for security or calendar administration reasons, he/she may order the transfer of one or more cases pending in that district to another district for trial or may order those cases which may be filed in that district be filed in a different district.
(Rule 6.1 [7/1/95] amended and effective 1/1/06.)
6.2 PRELIMINARY HEARING TRANSCRIPTS
(a) Filing. Preliminary hearing transcripts shall be filed, on or before the close of business of the tenth day following the day on which the defendant is held to answer, in one of the district offices of the Clerk of the Court, at a specific location within such office designated for such purpose by the clerk. In the event the tenth day is a Saturday, Sunday or holiday, the transcript shall be filed not later than 10:00 a.m. of the next court day. If the transcript is filed in a place designated by the clerk in the district in which the defendant is to be arraigned, the filing may occur at any time on the tenth day following the day on which the defendant is held to answer.
(b) Delivery of Transcript. The Clerk of the Court shall forthwith deliver the transcript to the department wherein the case is being arraigned.
(Rule 6.2 effective 7/1/95.)
6.3 FILING OF INFORMATION, CONTINUANCE AND EARLY DISPOSITION
(a) Filing of Information. The information shall be filed in the courtroom where the case is assigned for arraignment.
(Rule 6.3(a) Filing of Information newly added 1/1/05.)
(b) Continuance of Arraignment. Arraignment may not be continued except upon a showing of good cause and in any case should not be continued longer than fourteen (14) days.
(Rule 6.3(b) [as (c) 7/1/95] renumbered and amended 1/1/05.]
(Rule 6.3 [7/1/95, title amended 11/01/00, title TIME STANDARDS FOR CRIMINAL PROCEEDINGS AFTER DEFENDANT IS HELD TO ANSWER - REPEALED eff. 1/1/05.]
(a) Information, (b) Arraignment, (d) Plea or Demurrer,
and (e) Early Disposition REPEALED effective 1/1/05,
(a) newly added; (b) renumbered, amended and effective 1/1/05.)
6.4 (RESERVED)
(Rule 6.4 ARRAIGNMENT AFTER DEFENDANT IS HELD TO ANSWER
[7/1/95, title amended 11/01/00] REPEALED effective 1/1/05.)
6.5 MOTIONS REQUIREMENTS
(a) Orders Shortening Time. Counsel seeking an order shortening the time provided by this rule or otherwise ordered by the court shall file an Application for an Order Shortening Time setting forth good cause as well as notice to and position of opposing counsel and co-counsel.
(Rule 6.5(a) [as (b) 7/1/95] renumbered and effective 1/1/05.)
(b) Separate Captioning and Lodging of Proposed Orders; Form. Proposed orders upon a motion shall not be included as part of the notice of motion, a memorandum of points and authorities or as an exhibit or attachment to either. Such proposed orders shall be prepared by the party seeking the order as a separately captioned document, and shall be lodged with the clerk at the same time the notice of motion or stipulation is filed with the Court. The proposed order shall be served on all other parties with the notice of motion. The order shall not be filed until approved and signed by the judge.
The form of the order shall be the same as for any other separately captioned pleading. The document shall be denominated as a "[PROPOSED] ORDER." If the order is granted, the word "[PROPOSED]" shall be stricken by the Court upon signature. At least two lines of the text of any proposed order shall appear on the page that has the line provided for the signature of the judge. Next to the signature line shall be the word "Dated:" with a blank left for the judge to write in thedate. At least two lines above the signature line shall be left blank for the judge's signature. There shall be no writing of any kind below the judge's signature.
(Rule 6.5(b) Separate Captioning and Lodging of Proposed Orders; Form newly added and effective 1/1/05.)
(c) Separate Original Pleadings For Each Case. When a party has several open cases pending in the same court or before the same judicial officer, and seeks by notice of motion, or otherwise, identical orders or other relief in each case (such as a motion to consolidate or a motion to continue), the moving party shall file a separately captioned notice of motion in each case and shall not file just one pleading containing all the case numbers in each case.
If a party has only one such open case, and all other cases so pending are merely probation violations that previously have been ordered to follow the open case, then the pleading need only be filed in the open case.
(Rule 6.5(c) Separate Original Pleadings For Each Case newly added and effective 1/1/05.)
(d) Resubmission of Motions Previously Acted Upon. If any motion, or other application for an order, has been made to any judicial officer of this Court and has been denied in whole or in part or has been granted conditionally or on terms, any subsequent motion for the same relief in whole or in part, whether upon the same or any allegedly different state of facts, shall be presented to the same judicial officer whenever possible, if these Rules do not otherwise require such subsequent motion to be so presented. If presented to a different judicial officer, it shall be the duty of the moving party to file and serve a declaration setting forth the material facts and circumstances as to each prior motion or application, including the date and judicial officer involved in the prior motion, the ruling, decision or order made, and the new or different facts or circumstances claimed to warrant relief and why such facts or circumstances were not shown to the judicial officer who ruled on the motion. Any failure to comply with the foregoing requirements shall be a basis for setting aside any order made on such subsequent motion, either sua sponte or upon motion or application, and the offending party or attorney may be subject to monetary sanctions pursuant to Code of Civil Procedure, section 177.5.
(Rule 6.5(d) Resubmission of Motions Previously Acted Upon newly added and effective 1/1/05.)
(Rule 6.5 [originally, PRETRIAL MOTIONS IN CRIMINAL CASES 7/1/95]
(a) Time for Filing Papers and Proof of Service and (c) Sanctions REPEALED,
new title, original (b) Orders Shortening Time renumbered as (a),
(b), (c) and (d) newly added and effective 1/1/05.)
6.6 MOTIONS TO CONTINUE
(a) Motions in Writing. No proceeding in any criminal case shall be continued except upon compliance with Penal Code section 1050. All motions for a continuance shall be in writing setting forth the grounds supporting the continuance, the opposition or consent of opposing and co-counsel and a suggestion for a new date.
(b) Sanctions. A motion made without compliance with these rules and without good cause for such failure, shall subject the moving party to the sanctions set forth in Penal Code sections 1050 and 1050.5, including denial of the continuance.
(Rule 6.6 effective 7/1/95.)
6.7 (RESERVED)
(Rule 6.7 [7/1/95] (a) Disposition Before Preliminary Hearing
and (d) Cross-Designated Judges REPEALED 11/01/00,
(a) Cases to be Disposed of Pursuant to Penal Code section 1462 renumbered 11/01/00]
PROCEDURES FOR DISPOSITION OF CASES BEFORE THE PRELIMINARY HEARING REPEALED effective 1/1/05.)
6.8 (RESERVED)
(Rule 6.8 CERTIFICATION PURSUANT TO PENAL CODE SECTION 859a [7/1/95, 11/01/00] REPEALED effective 1/1/05.)
6.9 (RESERVED)
(Rule 6.9 PRE-SENTENCE INVESTIGATIONS AND REPORTS [7/1/95,
(a) Pre-sentence Reports 11/01/00] REPEALED effective 1/1/05.)
6.10 DELIVERY OF PROBATION DEPARTMENT REPORTS
All Probation Department reports shall be delivered to the requesting judge no later than 12:00 noon of the court day preceding the hearing which gave rise to the need for the report. Any request seeking an extension of time in which to complete the report shall be in writing and delivered in compliance with this rule.
(Rule 6.10 [7/1/95] title amended, (a) Contents, (b) Formats, (c) Sources,
and subdivision number `(d)' and title Delivery of Reports:
REPEALED effective 1/1/05.)
6.11 (RESERVED)
(Rule 6.11 REASONS, AGREEMENT TO PUNISHMENT, RESTITUTION AND FINES [7/1/95] REPEALED effective 1/1/05.)
6.12 (RESERVED)
(Rule 6.12 PROBATION ELIGIBILITY WHEN PROBATION IS LIMITED [7/1/95] REPEALED effective 1/1/05.)
6.13 MATTERS TO BE CONSIDERED AT TIME SET FOR SENTENCING
(a) Written Material. Any written material which any party desires the sentencing court to review shall be lodged with the court and given to opposing counsel no later than 12:00 noon of the court day preceding the date of sentencing.
(b) Oral Presentations. Any party desiring to have persons other than counsel and the defendant speak at time of sentencing shall notify the sentencing court of the number of persons, the general nature of their comments, and the length of their presentation by no later than 12:00 noon of the court day preceding the date of sentencing.
(Rule 6.13(b) amended and effective 1/1/05.)
(c) Sanctions. Failure to comply with this rule may result in the sentencing court excluding or disregarding the proffered material.
(Rule 6.13 [7/1/95] amended and effective 1/1/05.)
6.14 ORDERS SEEKING RETURN OF PROPERTY
A defendant seeking an order for return of property must give notice of the motion to the arresting agency and the prosecuting agency, unless otherwise ordered or specifically provided for by law. Proposed orders for return of property shall be approved as to form and content by the prosecuting agency prior to presentment to the court.
(Rule 6.14 effective 7/1/95.)
6.15 BAIL MATTERS
(a) Procedure During Non-Court Hours. All pre-arraignment requests to increase or decrease bail, or for an own recognizance release, must be made through the Bail Deviation Program of the Los Angeles County Probation Department. A request to increase bail may be made by law enforcement by calling (213) 351-5717 between 6:30 a.m. and 12 midnight. A request to decrease bail or for an own recognizance release may be made by calling (213) 351-5151 or (800) 773-5151 between 6:30 a.m. and 12 midnight.
(Rule 6.15(a) Procedure During Non-Court Hours newly added 1/1/05.)
(b) Request for Bail Deviation. The Bail Deviation Program may request certain information, including, but not limited to: (1) the name, address, and telephone number of the person seeking the deviation and relationship to the defendant; (2) name and booking number of the defendant; (3) charge(s) on which the defendant is being held; (4) date and time of arrest; (5) address and telephone number of the jail or station at which the defendant is being held; (6) date, time and court location for the defendant's arraignment; (7) the defendant's age, marital status, length of residence in the community, employment history, and community ties; (8) the defendant's prior criminal record; and (9) any facts justifying the requested deviation.
(Rule 6.15(b) Request for Bail Deviation newly added 1/1/05.)
(c) Order for Appearance. Every release pursuant to the bail schedule shall specify the court location and time that the defendant shall appear.
(Rule 6.14(c) [as (f) 7/1/95] renumbered, old text repealed & text newly added 1/1/05.)
(d) Bail Schedule. It is the duty of the judges of the Superior Court to adopt uniform countywide bail schedules for all bailable felony offenses and for all misdemeanor and infraction offenses. There shall be within the Criminal Division a Bail Committee appointed by the Supervising Judge of the Criminal Division. The Bail Committee shall prepare and annually revise a Uniform Countywide Misdemeanor/Infraction Bail Schedule and a Uniform Countywide Felony Bail Schedule. In preparing and revising the Felony Bail Schedule, the Bail Committee shall consider the factors specified in Penal Code section 1269b(e). The preparation and distribution of a bail schedule shall comply with the requirements of Penal Code section 1269b(f). Once the Bail Committee has prepared a bail schedule, it shall be submitted to the Executive Committee for adoption. A bail schedule shall be deemed adopted by the judges of the court when approved by the Executive Committee and goes into effect on the date specified by the Executive Committee, or if no effective date is specified, on the date adopted.
(Rule 6.15(d) [as (h) 7/1/95] amended and effective 1/1/08.)
(Rule 6.15 [7/1/95, (a) Release on Bail After Arrest,
(b) Application to Deviate From Bail Schedule, (c) Procedure During Court Hours,
(d) Procedure During Non-Court Hours, (e) Contents of Application,
(f) Order for Appearance text only, and (g) Subsequent Warrant REPEALED,
new subdivisions (a), (b) & (c), and (h) Bail Schedule renumbered as (d) 1/1/05] amended and effective 1/1/08.)
6.16 BAIL REDUCTIONS OR INCREASES
A court may refuse to hear repetitive applications to increase or decrease bail, or for an own recognizance release, except as provided by statute, for good cause, or on a showing of unusual or changed circumstances. Any such request must be made to the bench officer before whom the matter is then pending.
(Rule 6.16 [7/1/95] 1st ¶, (a) Ex Parte Setting,
(b) Application by Whom, (c) Re-Litigation REPEALED
new text added and effective 1/1/05.)
6.17 REINSTATEMENT AND EXONERATION OF BAIL
Motions to reinstate and exonerate bail bonds or bail deposits in all criminal cases where the defendant is not surrendered in court, shall be in writing supported by appropriate declarations, affidavits, and points and authorities.
(Rule 6.17 effective 7/1/95.)
6.18 REQUESTING CALENDAR PRIORITY
(a) Engaged in Trial. It is the policy of the Superior Court that all counsel who are engaged in trial are to be released from other calendar obligations no later than 9:30 a.m. if counsel complies with Rule 6.18(b) herein.
(b) Calendar Priority. An attorney desiring calendar priority should apprise the clerk of the court prior to calendar call of the reason for the request and the clerk shall bring that information to the attention of the Judge. All attorneys engaged in trial in another court shall advise the court in which a calendar matter is scheduled of that trial status and request priority.
(Rule 6.18 effective 7/1/95.)
6.19 TRIAL PRIORITY
In setting priority for trial, the court will weigh the following considerations in establishing priority among others:
(1) Speedy trial considerations under Penal Code section 1382 including both sides' right to a speedy trial;
(2) The number of co-counsel and the number of defendants;
(3) Whether the victim or material witness is a minor, aged, medically infirmed or needs to travel a lengthy distance;
(4) The age of the case;
(5) The length of time necessary to conclude the trial;
(6) Prior continuances granted and the reasons for them;
(7) The number of witnesses and availability; and
(8) Any other priority established by law.
(Rule 6.19 effective 7/1/95.)
6.20 APPEARANCES BY COUNSEL AND PARTIES
(a) Scheduling Appearances. Counsel shall attempt to avoid scheduling conflicts, and shall make every effort to avoid scheduling appearances in more than one Superior Court District in the same morning or afternoon.
(b) Punctuality. It shall be counsel's responsibility to determine the time at which his/her presence is required in each courtroom. Counsel shall appear punctually at that time, unless he/she has another scheduled appearance at the same time and the other matter has statutory priority. If counsel has conflicting appearances, counsel shall contact the court that does not have statutory priority on the court date before the scheduled appearance and provide the Department/Division number, the time and case number of the other appearance, and the time counsel expects to be able to appear.
(c) Readiness to Proceed. Counsel should be ready to proceed at the scheduled time. Conferences with the defendant, witnesses or other counsel should be held outside of court hours. The court may not be able to afford counsel time to confer prior to the hearing.
(d) Stand-In Counsel. Counsel actually engaged in trial, or in a preliminary hearing, shall make arrangements to have other counsel appear specially for any matters that conflict with the trial or preliminary hearing.
(e) Priority To Multiple-Defendant Cases. Except as otherwise provided by law, the court and counsel shall give priority to all multiple-defendant cases.
(Rule 6.20 [7/1/95] (a) Punctuality and (b) Ready to Proceed REPEALED,
new subdivisions (a), (b), (c), (d) and (e) effective 1/1/05.)
6.21 RESERVED
(Rule 6.21 JURY PANEL: DUAL USE [7/1/95] REPEALED and effective 11/01/00.)
6.22 WRITTEN JUROR QUESTIONNAIRES
Written questionnaires, to be filled out by prospective jurors, may only be used upon a showing of good cause or in the interests of justice.
(Rule 6.22 [7/1/95] title: VOIR DIRE REPEALED,
new title added, old text REPEALED, new text added and effective 1/1/05.)
6.23 (RESERVED)
(Rule 6.23 PURPOSE OF VOIR DIRE [7/1/95] REPEALED effective 1/1/05.)
6.24 OBTAINING COURT FILES
Any party seeking to introduce evidence of prior convictions, or any other information contained within court files, in any proceeding shall, prior to the trial date, obtain from the Clerk's Office in the district wherein the file is stored, certified copies only of those documents necessary for proof of any prior convictions. Such request(s) shall be made at a suitable time prior to trial so as not to cause any delay in the trial. The original files shall not be sent to the trial court except upon Court order issued upon written application, good cause being stated. Failure to obtain this evidence in a timely fashion shall not be good cause for a continuance pursuant to Penal Code section 1050.
(Rule 6.24 effective 7/1/95.)
6.25 (RESERVED)
(Rule 6.25 JURY INSTRUCTIONS: CITATION OF AUTHORITIES [7/1/95] REPEALED effective 1/1/05.)
6.26 (RESERVED)
(Rule 6.26 COMMUNICATIONS FROM OR WITH JURY [7/1/95] REPEALED effective 1/1/05.)
6.27 WITNESS FEES
The Court will authorize payment of fees and expenses of non-expert witnesses in accordance with Penal Code section 1329. The Court will authorize payment of fees and expenses of defense expert witnesses upon a showing of good cause and in accordance with Penal Code section 987.2. The Court will not authorize payment of expert witness fees or other costs incurred by the prosecution.
(Rule 6.27 [7/1/95] old text REPEALED, new text added and effective 1/1/05.)
6.28 TRIAL EXHIBITS
(a) Marking Exhibits: Exhibit Lists. After consultation with the Court Clerk regarding the marking of exhibits, and prior to trial, counsel for the prosecution and the defense shall provide an exhibit list to the Court. The prosecution shall use numbers to identify their exhibits. The defense shall use letters. No exhibit may be referred to in open court unless opposing counsel has had an opportunity to examine it. Documentary exhibits consisting of more than one page should be internally paginated in sequential numerical order to facilitate reference to the document during the examination of witnesses.
(b) Hazardous Materials. In the interest of public health and safety, no hazardous material, including any controlled substance as defined by Health and Safety Code section 11007, any paraphernalia or packaging containing residues of such substance, any hypodermic needles or syringes, or any other items that the court in which the matter is pending may deem toxic, may be brought to the courtroom or received into evidence except as provided by Penal Code section 1417.3(b).
(Rule 6.28 [7/1/95] (a) newly titled and amended,
(b) newly added and effective 7/1/03.)
6.29 (RESERVED)
(Rule 6.29 POST TRIAL MOTIONS [7/1/95] REPEALED effective 1/1/96.)
6.30 MODIFICATION, TERMINATION, OR REVOCATION OF PROBATION/SENTENCE
(a) Applications for Revocation, Modification or Termination of Probation. Applications, whether oral or written, to revoke, modify or terminate probation or a conditional sentence, or to recall a warrant thereon, shall be filed and determined as follows:
(1) No New Open Case. When there is no new criminal case (no "open case") pending against the probationer, the probation violation shall, except as provided hereinafter, be filed and determined in the court where the plea or verdict was taken. If, however, the bench officer who granted probation, at the time probation was granted or reinstated, filed a written request in the case file and had it entered into the docket, that he or she hear and determine all probation violations, then and in that case, the bench officer originally granting probation may, but is not required to, hear and determine all probation violations. When, however, probation was granted after a guilty or no contest plea was taken in an Early Disposition Program court, then the violation shall be filed and determined in the court to which the case would have been transferred for arraignment on the information, had the defendant been held to answer on the complaint.
(Rule 6.30(a)(1) amended and effective 1/1/05.)
(2) With a New Open Case. When there is a new criminal case (an "open case") pending against the probationer, the application shall, except as provided hereinafter, be heard and determined by the bench officer handling the open case, at or before the time the open case is heard and determined. If, however, the bench officer who granted probation, at the time probation was granted or reinstated, filed a written request in the case file and had it entered into the docket, that he or she hear and determine all violations, then and in that case, the bench officer originally granting probation may, but is not required to, hear and determine all probation violations. Probationary matters ordinarily shall follow the open case, regardless of whether the open case is a misdemeanor and the probationary case is a felony, or vice versa, and regardless of whether the open case and the probationary case are in the same district or different districts.
(Rule 6.30(a)(2) amended and effective 1/1/05.)
(b) Applications to Recall and Modify a Sentence. Applications to recall and modify a sentence shall be heard and determined in the same manner as an application for revocation, modification or termination of probation as set forth in subdivision (a), subsection (1), above.
(Rule 6.30 [7/1/95, 1/1/2002] amended and effective 1/1/05.)
6.31 (RESERVED)
(Rule 6.31 SENTENCING UPON REVOCATION OF PROBATION [7/1/95] REPEALED effective 1/1/05.)
6.32 PETITIONS FOR HABEAS CORPUS OR OTHER EXTRAORDINARY RELIEF
(a) Felony Cases. Petitions for writ of habeas corpus in felony cases shall be filed, as follows:
(1) To Review a Judge's Order or Ruling Made After the Preliminary Hearing. Where the petition seeks to review a judge's ruling or order made after the defendant's preliminary hearing has been completed, it shall be filed in the district where the case is or was last pending, and promptly presented, as follows:
a) To the Supervising Judge of the Criminal Division (sitting as a master calendar judge), if the case is or was last pending in the Central District; or
b) To the Supervising Judge of the District (sitting as a master calendar judge), where the case is or was last pending.
The Supervising Judge shall then assign the matter to a judge other than the judge whose order or ruling is sought to be reviewed.
(2) To Review Matters Other Than A Judge's Ruling or Order Arising After The Preliminary Hearing. Where the petition seeks to review a matter, other than a judge's ruling or order, arising after the completion of defendant's preliminary hearing, it shall be filed in the district where the case is or was last pending, and promptly presented to the judge in the criminal department or division where the case is or was last assigned. If that department or division is no longer handling criminal matters, the petition shall promptly be presented, as follows:
a) To the Supervising Judge of the Criminal Division (sitting as a master calendar judge), if the case was heard or is pending in the Central District; or
b) To the Supervising Judge of the District (sitting as a master calendar judge), where the case is or was last pending.
(3) To Review A Ruling, Order Or Other Matter Arising Prior To The Preliminary Hearing. Where the petition seeks to review a judge's ruling, order or other matter arising prior to the completion of defendant's preliminary hearing, it shall be filed in the Central District and promptly presented to the Supervising Judge of the Criminal Division.
(4) Special Rule For Certain State Prison Inmate Petitions. Notwithstanding subsections (1), (2) or (3), above, petitions by state prison inmates for any writ seeking relief concerning failure to admit evidence of intimate partner battering, post-sentencing time credits, state prison time credits, state prison custodial conditions (including access to inmate property and treatment by custodial officials or other inmates), denial of parole, or DNA exoneration testing, shall be filed in the Central District and promptly presented to the Supervising Judge of the Criminal Division.
(5) Inmate Petitions Regarding Lost, Stolen or Destroyed Property. Petitions by inmates seeking as the principal relief the value of lost, stolen or destroyed property shall be deemed to be petitions for a writ of mandate and shall be filed in the Civil Division. Such inmate petitions for mandate must demonstrate exhaustion of administrative remedies under Title 15 of the California Code of Regulations. Petitions shall not include habeas corpus claims with mandate claims.
(Rule 6.32(a) [7/1/95, 7/1/2001, 7/1/05]
(a) Petitions Seeking Review of a Ruling or Order Made
by a Superior Court Judge or Magistrate, title REPEALED, old text amended and new text added and effective 1/1/07.)
(b) Misdemeanor and Infraction Cases. Petitions for writ of habeas corpus in misdemeanor and infraction cases shall be filed, as follows:
(1) In Conjunction With An Appeal. Where a petition is filed in conjunction with an appeal to the Appellate Division, the petition shall be filed in Department 70, Room 607, Mosk Courthouse. See LASC Local Rule 2.5(a)(2).
(2) Not In Conjunction With An Appeal. Where there is no pending appeal, the petition shall be filed in the Central District and promptly presented to the Assistant Supervising Judge of the Criminal Division, Limited Criminal Cases.
(Rule 6.32(b) [(b) Petition in conjunction with a Misdemeanor or Infraction Case
title & text moved to (d), new title added & amended text 7/1/05]
(b) Petitions Not Seeking Review of a Ruling or Order Made by a Superior Court Judge or Magistrate title and text REPEALED,
new title and text added and effective 1/1/07.)
(c) Disclosure of Prior Petitions. Every petition shall disclose all other petitions for writs of habeas corpus or other extraordinary relief that have been filed in this or any other court with respect to the conviction, commitment or issue raised in the present petition, including the name of the court, the date filed, the nature of the petition and the relief sought, the result and the date of the decision. If there have been no prior petitions, the petition shall so state. The failure to make such disclosure is grounds for denial of the petition.
(Rule 6.32(c) [newly added 7/1/05] title amended, old text REPEALED, new text added 1/1/07.)
(d) Inquiry as to Prior Petitions. Unless the information appears in the petition, a reasonable inquiry should be made as to whether a similar petition has been presented to another court or judge.
(Rule 6.32(d) [newly added as (b) 7/1/2001, renumbered, amended & new text added 7/1/05]
(d) Petition in Conjunction With a Misdemeanor or Infraction Case title and text REPEALED, new title and text added 1/1/07.)
(Rule 6.32(e) [newly added as (c) 1/1/2003, renumbered & effective 7/1/05]
subdivision (e) Petitions by Prisoners REPEALED 1/1/07.)
(Rule 6.32 [7/1/95, 7/1/2001, 1/1/2003, 7/1/05]
rule title and text amended and effective 1/1/07.)
6.33 (RESERVED)
(Rule 6.33 CERTIFICATION TO JUVENILE COURT [7/1/95] REPEALED effective 1/1/05.)
6.34 EMERGENCY CLOSURE OF COURTHOUSE
If the courthouse is closed due to any emergency or government proclamation, all matters calendared at that time will be heard on the next day that the courthouse is open, unless otherwise provided by order of the court.
(Rule 6.34 [RESERVED 7/1/95] new title and text effective 1/1/05.)
6.35 HOLIDAYS
If any day on which an act required to be done by these rules or by court order falls on a legal holiday, the act may be performed on the next succeeding judicial day.
(Rule 6.35 [7/1/95] amended and effective 1/1/05.)
6.36 (RESERVED)
(Rule 6.36 EXTENSIONS/SHORTENING OF TIME [7/1/95] REPEALED effective 1/1/05.)
6.37 (RESERVED)
(Rule 6.37 MEETINGS RESPECTING THE CRIMINAL COURT SYSTEM [7/1/95, 11/01/00] REPEALED effective 1/1/05.)
6.38 (RESERVED)
(Rule 6.38 SUPERIOR COURT SESSIONS HELD AT MUNICIPAL COURT LOCATIONS [7/1/95] REPEALED and effective 11/01/00.)
6.39 CAPITAL CASES PROCEDURES
(a) Appearance Logs. Primary counsel for each defendant and the prosecution are to provide the court with a log of each court appearance within 30 days of the first appearance in the Superior Court. This shall include all appearances in the Municipal Court prior to arraignment in the Superior Court and shall briefly describe the nature of each appearance. Said log shall be substantially in the form of the sample log contained in Appendix 2 of this Chapter.
(b) Penal Code Section 987.9 Log. Logged appearances shall distinguish between Penal Code section 987.9 appearances and all other appearances. A separate log of Penal Code section 987.9 appearances shall be maintained by the primary counsel for each defendant and provided, under seal, with the final list of appearances required within 60 days of the sentencing date. The Criminal Courts Coordinator's Office shall maintain the Penal Code section 987.9 log for pro per defendants. Said log shall be substantially in the form of the sample log contained in Appendix 2 of this Chapter.
(c) Substitution of Attorneys. In the event of any substitution of attorney at any stage of the case, the relieved attorney shall provide a log of all appearances to substituting counsel within 5 days of being relieved. If prior counsel fails to provide the appearance log as required, substituting counsel shall advise the court immediately.
(d) Daily Transcripts. Court policy provides that counsel for each party are entitled to a copy of the daily transcript in capital cases. Counsel are to bring any discrepancies or omissions to the court's attention within 10 days of receipt of the transcript. This may be done orally on the record, outside the presence of the jury, or in writing.
In any case where there is no dispute concerning a discrepancy or omission in a transcript the court shall order the record corrected forthwith. In any case where a dispute exists with respect to any such discrepancy or omission the court shall hold a hearing within 2 days of receiving oral or written notification from any counsel on the case. The trial court shall make findings and orders on any disputed matters within 5 days of such hearing.
(e) Capital Case Guidelines and Checklist for Counsel. The general guidelines for counsel in capital cases are to be complied with unless otherwise ordered by the court. Failure to comply with the guidelines may result in sanctions being imposed or compensation for appointed counsel being withheld.
The original checklist shall be retained in the case file. Each counsel shall receive a copy of the signed original checklist at the time it is initially signed. (See Appendix 1 of this chapter.)
In each capital case the Judge of the court to which the case is assigned shall keep the checklist as part of the case file and shall initial and date the checklist as each part thereof is completed. The format of the checklist shall be substantially in the format shown in Appendix 2 of this Chapter.
(f) Exhibit Lists. Within 30 days of the first appearance in the Superior Court primary counsel are to provide the trial court with a list of all exhibits introduced by each party at any pretrial hearings, motions pursuant to Evidence Code section 402 or preliminary hearings. Upon conviction and imposition of sentence, each primary counsel shall submit a final list of all exhibits marked, including any exhibits or items that were referred to but not previously marked. The format of the lists shall be substantially in the format shown in Appendix 3 of this Chapter.
(Rule 6.39 effective 7/1/95.)
6.40 POST-SENTENCE PROCEDURES IN CAPITAL CASES
(a) Post-Sentence Certification Hearing. A post-sentence record certification hearing shall be automatically set by the courtroom clerk within 60 days of the date of imposition of sentence. Trial counsel are to be prepared to proceed on certification of the record on appeal at this hearing. Any final corrections to the reporter's transcripts shall be addressed at this hearing. Trial counsel shall notify the trial court if all daily reporter's transcripts are not received within 5 days after sentence is imposed.
Trial counsel shall make themselves available for further hearings to facilitate the certification of the record as directed by the court.
Primary counsel shall continue to represent the defendant until the entire record on the automatic appeal is certified.
(b) Requests for Augmentation. Any requests for augmentation to the clerk's transcript shall, where feasible, include the material that is proposed to be included in the clerk's transcript. These requests shall be made within 20 days of the receipt of the clerk's transcript.
(c) Retention of Records. Counsel are to maintain and preserve all files and records indefinitely, unless otherwise authorized on noticed motion, served on appellate counsel, by a court of competent jurisdiction. Any such order shall be noted in the minutes or formal written order of the court making such order.
(d) Guidelines for Appellate Counsel.
(1) Service on Counsel. The Clerk of the Court shall serve a copy of the Record Certification Guidelines for Appellate Counsel in Death Penalty Appeals, substantially in the format shown in Appendix 4 of this Chapter, on each appellate counsel along with their copies of the record on appeal.
(2) Requests for Augmentation/Correction. Requests for augmentation of the record pursuant to California Rules of Court, rule 8.616, shall be accompanied by either the material that isthe subject of the augmentation, when feasible, or a declaration that counsel will submit the requested material to the clerk within 10 days after the request is granted. A copy of each request for augmentation/correction shall be served on the Criminal Appeals Section of the Superior Court Executive Officer/Clerk's Office.
(3) Format of Requests for Augmentation/Correction. All requests for augmentation and/or correction shall be submitted at the same time, where feasible. Any subsequent requests shall be accompanied by counsel's declaration specifying the reason(s) such items were not included in the initial request.
(Rule 6.40(d) [7/1/95] amended and effective 1/1/08.)
(e) Certification Time Standards.
(1) No Request for Correction/Augmentation. If no request for correction or augmentation is timely filed by appellate counsel, the record shall be certified by the court and returned to the clerk for transmittal to the Supreme Court.
(2) Requests for Correction/Augmentation. Upon timely request for correction and/or augmentation of the record, sought by noticed motion, the court will:
Rule on the motion within 5 days after submission and; order that corrections or augmentations be made within 20 days thereafter. An extension of the 10 days may be granted by the court only upon a showing of good cause. Any order extending time shall be reflected in the minutes of the case in which the Court made the order.
(3) Inability to Comply with Order for Correction and/or Augmentation. If it appears that compliance with any order for correction/augmentation will not be timely or will not be possible, the party ordered to correct and/or augment the record shall notify the court and all parties by written declaration within 5 days. The court shall make a finding and order on the non-compliance within 5 days of receipt. The clerk of the court shall mail a copy of said order by U.S. mail to all parties forthwith.
(Rule 6.40 [7/1/95] amended and effective 1/1/08.)
6.41 PRO PER DEFENDANTS IN CRIMINAL CASES
(a) Jurisdiction.
(1) These rules govern defendants acting in Pro Per in Los Angeles County criminal proceedings and delineate the privileges granted to those defendants acting in Pro Per in Los Angeles County.
(2) These rules have the force and effect of procedural statutes and will be strictly followed. Defendants who fail to follow these rules may lose Pro Per status or Pro Per privileges. Defendants requesting Pro Per status shall file an affidavit stating that they are familiar with the rules and understand that the failure to adhere to these rules will result in appropriate sanctions including, but not limited to, the loss of Pro Per status or Pro Per privileges.
(3) Sheriff's Authority. The sheriff has the exclusive authority to house inmates and take such other action authorized by law, as is necessary to maintain jail security, discipline, and safety and provide for the operation of the jail.
(Rule 6.41(a) amended and effective 1/1/2000.)
(b) Procedures.
(1) Notice of Hearing and Filing of Papers. Motions, applications for court orders, and other court documents shall be filed with the clerk of the court, and a copy shall be served on the Prosecuting Attorney and all other attorneys or parties in Pro Per ten days in advance of any proposed hearing date. Service by mail is acceptable. Any kind of writing or typing paper may be used, and all documents must be legibly printed in pencil or typed. Unless a hearing date for the motion was previously scheduled by the court, motions and other applications for hearings shall contain a proposed hearing date in the first paragraph. The first paragraph shall also contain a brief statement of the order or orders requested.
(2) Subpoena Power. The Defendant may use the subpoena power of the court to compel the attendance of witnesses. The Sheriff shall furnish subpoena forms for use by Pro Per inmates. Pro Per defendants may not subpoena individuals to annoy, embarrass, or harass any witness. This will be deemed an abuse of process. Individuals who lack personal knowledge concerning the factual issues of any hearing pending before the court may not be subpoenaed without prior court authorization. Violations of these rules may result in the loss of Pro Per status or Pro Per privileges.
Prior to issuing any subpoena for jail personnel, witnesses in the custody of the Sheriff or other governmental agencies, or such other witnesses as the court may designate, the defendant shall furnish a confidential offer of proof as to the anticipated testimony to the court in camera. This offer of proof shall set forth the anticipated testimony of the witness and explain how the testimony is relevant to the issues pending before the court.
If a subpoena is issued for facility commanders or other Sheriff executives, the Sheriff may substitute officers familiar with jail procedures or specific issues.
Any service of subpoenas by the Sheriff must be accomplished through the Sheriff's Civil Division.
(3) Motions Concerning Jail Conditions. Before an inmate may file a motion or writ with the court complaining of conditions of confinement or alleging violations of jail rules (including alleged violations of these rules), he or she must first file a written complaint with the facility commander, unless it can be shown that substantial prejudice would result. The facility commander shall investigate such inmate complaints and within ten (10) calendar days provide the inmate with a written response.
If the complaint is not resolved by the facility commander's written response and if the inmate chooses to file a motion or writ, the inmate must attach to any papers filed with the court a copy of the inmate's complaint and the response of the facility commander. If an inmate claims that substantial prejudice would result from following the facility complaint procedure, the inmate shall submit a detailed statement setting forth the basis for the claim of substantial prejudice.
All motions, writs or other requests as described in this paragraph shall be served on the Office of the County Counsel, Room 407 Sheriff's Headquarter's Building, 4700 Ramona Boulevard, Monterey Park, CA 91754.
The court may calendar a hearing date; direct that subpoenas be served upon necessary witnesses; direct the inmate's complaint to the Commander in charge of the facility where the inmate is housed for further consideration; or direct the Office of the County Counsel to file an answer. The answer may include recommendations concerning possible resolutions. If County Counsel files an answer, the Defendant shall have an opportunity to file a response. After considering all documents, the court may issue orders without further hearing.
(Rule 6.41(b) amended and effective 1/1/2000.)
(c) Privileges.
(1) Library Privileges. The Sheriff shall provide and maintain a law library for use by inmates granted Pro Per status. All Pro Per inmates shall be entitled to a maximum of two (2) hours per day of law library access. The law library shall operate seven days per week.
The Sheriff shall maintain a log which shows the time and date each Pro Per inmate uses the law library. The log shall be maintained for five years.
The Sheriff may designate the time and place of an inmate's law library access, and may assign inmates into groups based upon safety, security, and efficient use of available facilities.
It is the inmate's responsibility to avail himself or herself of the law library during his or her scheduled time. The Sheriff may, but is not required to, provide make up time. The Sheriff is under no obligation to provide any law books, other legal reference materials, or copies thereof to any inmate in his or her living area.
All inmates exercising Pro Per privileges have an affirmative duty to exercise the privileges in such a manner as not to infringe upon the exercise of Pro Per privileges by other inmates.
The use of the library is restricted to legal research and telephone calls directly related to an inmate's case. Inmates violating this section will be verbally warned and may be summarily removed from the library for the balance of the particular session. The verbal warning shall be documented. Repeated violations shall result in further disciplinary action and possible loss of Pro Per status or Pro Per privileges.
An inmate shall not remove or possess law books, source materials, or parts thereof from the law library. Law library materials found in an inmate's cell are contraband and subject the inmate to discipline. Theft, possession or destruction of law books or source materials from the library will result in discipline and may result in the loss of Pro Per status or Pro Per privileges.
(2) Library Telephone Privileges. Telephones shall be maintained in the library for use during normal library time. The Sheriff may restrict telephone use to outgoing calls. All phone calls made in the law library shall be related to the inmate's case. All phone calls are at the inmate's expense.
(3) Legal Forms. The Sheriff may provide legal forms for inmate use. Any forms not provided may be obtained and given to the inmate by a Legal Runner or Investigator.
(4) Legal Visits. Inmates granted Pro Per status shall receive extended visitation to confer with Legal Runners and Witnesses. Pro Per inmates may request one person to act as Legal Runner. The Legal Runner must be approved by the Sheriff and may be rejected for security concerns. The Legal Runner may visit and confer with the inmate during normal hours of inmatevisiting for a maximum of thirty (30) minutes each day. A Legal Runner's status may be terminated by the Sheriff for disruptive conduct or violations of security procedures.
The Trial Court may authorize compensation for the Legal Runner not to exceed seven dollars ($7) per visit to a maximum of one hundred and five dollars ($105) per case.
Pro Per inmates shall submit a list of prospective material witnesses to the Sheriff. Inmates may interview listed witnesses during normal visitation. Witness interviews shall be limited to one per day and thirty (30) minutes in length.
Witness interviews with material witnesses in custody of the Sheriff or other governmental agencies shall only be permitted by specific court order. Pro Per inmates must submit to the court a confidential offer of proof in camera as to the anticipated testimony of such witness pursuant to Rule 6.41(b)(2) above. The court may reject requests for interviews if the offer of proof fails to demonstrate good cause for the interview. Such interviews are limited to thirty (30) minutes.
The time allotted for witness interviews shall not be extended and cannot be combined with time periods allotted for Legal Runner visits or regular visits.
(5) Legal Materials and Legal Correspondence. Pro Per inmates may accumulate legal materials. This includes reports, notes, court documents, and other materials relating to their criminal case. Legal correspondence is any confidential communication between an inmate and any state or federal court, with any attorney licensed to practice law in any state or the District of Columbia, the holder of any public office, the State Board of Corrections, any facility commander where the inmate may be housed, or the Sheriff. Legal correspondence must clearly indicate on the outside of the envelope that it is confidential legal correspondence.
a) It is the inmate's responsibility to store the materials within his/her living area in a safe and sanitary fashion. If the accumulated materials jeopardize the safety or security of the facility, the Sheriff may request the inmate to take appropriate remedial action. If the inmate fails to take such remedial action within a reasonable time, the Sheriff may remove excess property as designated by the inmate. Property removed may be stored by the Sheriff on behalf of the inmate or released to any person designated by the inmate. If the inmate fails to designate property to be removed, the Sheriff shall apply to the court for an order designating which property shall be stored.
b) It is the responsibility of the inmate to keep any legal materials separate and apart from his/her other personal property. The Sheriff may treat any legal materials which are stored with items of personal property such as soap, shampoo, food products, newspapers, and magazines as regular inmate property.
c) Legal materials may be searched only in the presence of the inmate. The Sheriff may inspect the materials for contraband but may not read the contents of the materials.
d) Incoming and outgoing legal correspondence may be searched for contraband only in the presence of the inmate. The Sheriff may physically inspect the materials for contraband but may not read the contents of the materials.
e) Upon the transfer of a Pro Per inmate to another facility, he/she shall be allowed to maintain possession of his/her legal material during the transfer. If an emergency requires an inmate's separation from his/her legal material, the legal material shall be sealed and stored in the inmate's name or released to any person designated by the inmate.
(6) Legal Supplies. Pro Per inmates may use paper, carbon paper, pencils, and erasers. These items may be purchased from the Jail Canteen by the inmate or given to the inmatefrom an outside source through the legal deputy. Items brought to the jail by outside sources shall be subject to reasonable security checks and restrictions imposed by the Sheriff.
No metal fasteners, except staples, will be permitted. Cord or plastic fasteners may be used to secure pages or transcripts. No ink pens or markers of any type are permitted. Inmates may use one personal typewriter in the Law Library. The typewriter must be manual and will only be admitted after a security check. The typewriter will remain in the custody of the Sheriff when it is not in use.
(7) Indigent Supplies. Upon order of the court, the Sheriff will provide legal supplies to indigent Pro Per inmates. Indigent supplies shall consist of one (1) legal tablet, ten (10) sheets of typing paper, one (1) pencil, four (4) sheets of carbon paper, and four (4) envelopes. Indigent supplies shall be given weekly.
Upon order of the court, the Sheriff will deposit a maximum of forty dollars ($40) indigent funds in an inmate's jail trust account. These funds may be used for witness phone calls, postage, purchasing additional supplies, or for other needs directly related to the inmate's case. All receipts for purchases of legal supplies will be retained by the inmate.
(Rule 6.41(c) amended and effective 1/1/2000.)
(d) Investigators. An inmate may retain the services of a state licensed investigator to assist in the preparation of the case. Upon proof to the court of an inmate's indigence and need for an investigator, the court may appoint a state licensed investigator.
Inmates shall be permitted to confer with licensed investigators during the normal hours of visiting. The Sheriff has the discretion to allow this visitation in the Attorney Room at such time as the Sheriff deems appropriate. Unless specifically authorized by the Sheriff, inmates may not use private booths to confer with licensed investigators.
(Rule 6.41(d) amended and effective 1/1/2000.)
(e) Requests for Additional Privileges. All requests for additional or special privileges, or treatment different from other Pro Per inmates, shall be filed with the trial court. These requests shall be accompanied by an affidavit detailing why the additional privilege or treatment is necessary. Requests for additional funds shall be accompanied by a detailed accounting showing how the original funds were expended, as well as for the legal materials previously purchased.
(Rule 6.41(e) amended and effective 1/1/2000.)
(f) Inmate Discipline and Revocation of Pro Per Status and Privileges. Pro Per inmates are subject to discipline for violations of jail rules and regulations in the same manner as all other inmates. All reports of inmate discipline shall be filed with the trial court. After reviewing the discipline report, the court may request the Sheriff to apply for an order modifying or revoking the inmate's Pro Per privileges or Pro Per status.
The Sheriff may apply for an order modifying or revoking some or all of an inmate's Pro Per privileges or Pro Per status for cause. Except in emergency situations, Pro Per privileges may not be revoked or modified as a concomitant of either jail discipline or administrative segregation without complying with the following procedures:
(1) The inmate is given notice of the charges upon which the proposed revocation, modification, or administrative segregation is based at least twenty-four (24) hours in advance of a hearing before the body making the decision to revoke, modify, or segregate.
(2) The inmate is given the opportunity to appear before the decision-making body within forty-eight (48) hours.
(3) The inmate is given the opportunity to present witnesses and documentary evidence. The decision-making body may restrict the presentation of live witnesses if doing so would be hazardous to the facility’s safety.
(4) The inmate is given a written statement of the evidence relied upon and the reasons for the action taken, except that when personal or facility safety requires, the statement may be properly excised of certain items of evidence based upon personal safety or the facility’s security.
(5) As soon as practical after the hearing, but in no event later than two (2) court days after the hearing, the Sheriff shall notify the court before which the inmate's case is pending of the request to revoke or modify the Pro Per privileges of the inmate. In circumstances where the inmate is Pro Per on multiple cases, the notice shall list all cases in which the defendant is acting in Pro Per and shall be filed in the court handling Pro Per matters, as is designated in Rule 6.41(e). This notice shall include a copy of the decision-making body’s report and all available discipline reports. Unless the safety of the inmate, the safety of other inmates or jail staff would be jeopardized, the inmate's Pro Per privileges should not be revoked or modified until the court itself modifies the order granting Pro Per privileges. In emergency situations the Sheriff may immediately suspend all Pro Per privileges, provided that the notice given to the court specifically states the privileges restricted and the emergency justifying the action taken. The Sheriff shall notice the court as soon as practical under the circumstances.
(6) The court receiving the notice outlined in Rule 6.41(f)(5) above shall review the request or decision of the Sheriff. Pending a hearing, the court may direct the Sheriff to reinstate any or all privileges that were suspended due to an emergency. The inmate will be entitled to appear at the hearing and present such evidence and objections as are material and relevant to the action. The court should calendar a hearing within a reasonable time.
(Rule 6.41(f) amended and effective 1/1/2000.)
(g) Temporary Suspension of Pro Per Privileges for Medical or Psychiatric Necessity. The Sheriff may temporarily suspend any or all of a Pro Per inmate’s in custody Pro Per privileges based upon the determination by the treating physician or psychiatrist that current use of any or all of the privileges afforded Pro Per inmates will endanger the health and welfare of the Pro Per inmate, the other Pro Per inmates, or staff. Any temporary suspension under this paragraph shall last only as long as the medical or psychiatric conditions require the limitation, and the Sheriff shall continue to provide all privileges that medical and/or mental health staff deem consistent with the ongoing care of the Pro Per inmate.
(1) The Sheriff shall notify all affected courts in writing of the suspension of Pro Per privileges, which Pro Per privileges were suspended, and the reasons for the temporary suspension of Pro Per privileges. Upon the request of the inmate, the Court shall calendar a hearing within a reasonable time. The inmate will be entitled to appear at the hearing and to present such evidence and objections as are material and relevant.
(2) The fact that a Pro Per inmate is under medical or psychiatric care does not limit the Sheriff’s rights to proceed under Rule 6.41(f) above in circumstances where the inmate has violated jail rules or the provision of these rules.
(3) The Sheriff shall promptly notify the court in writing upon the restoration of in custody Pro Per privileges.
(Rule 6.41(g) [new title, and text] added and effective 1/1/2000.)
(h) Pro Per Committee. The Presiding Judge may designate a committee of judges to act as the Los Angeles County Pro Per Committee. The committee shall meet with members of the Sheriff's Department no less than once annually to review, modify or update these rules.
(Rule 6.41(h) renumbered, amended and effective 1/1/2000.)
(i) Natural Disasters. In the event of a natural disaster or other emergency condition, the Sheriff may temporarily suspend any and all provisions of these rules. Notice shall be given to the Presiding Judge as soon as practical under the circumstances of the disaster. Pro Per privileges shall resume as soon as possible.
(Rule 6.41(i) renumbered, amended and effective 1/1/2000.)
(j) Duration of Privileges. An inmate's Pro Per privileges and status as a Pro Per defendant terminate upon sentencing. Requests for Pro Per privileges after sentencing shall be made to the trial court sentencing the inmate.
(Rule 6.41(j) renumbered, amended and effective 1/1/2000.)
(Rule 6.41 [1/1/96] amended and effective 1/1/2000.)CHAPTER 6 — CAPITAL CASES
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