# California Criminal Rules Updated October 27, 2026 Criminal proceedings only. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. Official source text retained on collection date; source versions and later amendments must remain visible. No exhaustive certification of current legal effect. [Official source](https://courts.ca.gov/system/files?file=file/roc-title-4.pdf) · Collected 2026-10-27 ## Rule 4.111. Pretrial motions in criminal cases Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least 10 court days, all papers opposing the motion at least 5 court days, and all reply papers at least 2 court days before the time appointed for hearing. Proof of service of the moving papers must be filed no later than 5 court days before the time appointed for hearing. Criminal proceedings only. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 4.151. Motion for change of venue A motion for change of venue in a criminal case under Penal Code section 1033 must be supported by a declaration stating the facts supporting the application. Except for good cause shown, the motion must be filed at least 10 days before the date set for trial, with a copy served on the adverse party at least 10 days before the hearing. At the hearing counterdeclarations may be filed. Criminal proceedings only. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 4.119. Additional requirements in pretrial proceedings in capital cases (2) In the event of any substitution of attorney during the pretrial proceedings, the relieved attorney must provide the lists of all appearances, exhibits, and motions to substituting counsel within five days of being relieved. Criminal proceedings only. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 4.571. Filing of petition in the superior court (2) A court that permits electronic filing must specify any requirements regarding electronically filed petitions as authorized under rules 2.250 et seq. Criminal proceedings only. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 4.112. Readiness conference Except for good cause, the court should hear and decide any pretrial motion in a criminal case before or at the readiness conference. Criminal proceedings only. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 4.132. Posttrial hearings on competence under section 1370 (b) Upon receipt of an evaluation report under (a) or an evaluation by the State Department of State Hospitals under Welfare and Institutions Code section 4335.2, the court must direct the clerk to serve a copy on counsel for the People and counsel for the defendant. If, in the opinion of the appointed expert or the department’s expert, the defendant has attained competence, the court must conduct a hearing as if a certificate of restoration of competence had been filed under section 1372(a)(1). At the hearing, the court may consider any evidence, presented by any party, that is relevant to the question of the defendant’s current mental competency. Criminal proceedings only. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 4.210. Traffic court—trial by written declaration If the clerk receives the defendant’s Request for Trial by Written Declaration (form TR-205) and bail by the due date, the clerk must deliver or mail to the arresting officer’s agency Notice and Instructions to Arresting Officer (form TR-210) and Officer’s Declaration (form TR-235) with a copy of the Notice to Appear and a specified return date for receiving the officer’s declaration. After receipt of the officer’s declaration, or at the close of the officer’s return date if no officer’s declaration is filed, the clerk must submit the case file with all declarations and other evidence received to the court for decision. Criminal proceedings only. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 4.573. Proceedings after the petition is filed (2) The response must be served and filed within 45 days of the filing of the request, or a later date if the court so orders. One copy of the informal response and any supporting documents must be served on the petitioner and on any assisting entity or counsel. If the response and supporting documents are served in paper form, two copies must be served on the petitioner. Criminal proceedings only. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 4.117. Qualifications for appointed trial counsel in capital cases In cases in which a person is charged with a capital offense, the court must assign qualified trial counsel to represent the defendant unless the district attorney has made an affirmative statement on the record that the prosecution will not be seeking the death penalty. The attorney may be appointed only if the court, after reviewing the attorney’s background, experience, and training, determines that the attorney has demonstrated the skill, knowledge, and proficiency to diligently and competently represent the defendant. An attorney is not entitled to appointment simply because he or she meets the minimum qualifications. Criminal proceedings only. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 4.152. Selection of court and trial judge (1) Notify the Administrative Director of the change of venue. After receiving the transferring court’s notification, the Administrative Director, in order to expedite judicial business and equalize the work of the judges, must advise the transferring court which courts would not be unduly burdened by the trial of the case. Criminal proceedings only. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. ## Rule 4.200. Pre–voir dire conference in criminal cases Before jury selection begins in criminal cases, the court must conduct a conference with counsel to determine: Criminal proceedings only. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.