California Criminal Law Forms Manual

We are no longer offering the California Criminal Law Forms Manual in print. The 2022 update was the last printed update. We will continue to update this Forms Manual digitally as part of our OnLAW PRO™ Criminal Law Library. Subscribing to the library gives you access to:

- All the forms in the manual, downloadable as Word documents
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This book, which corresponds with California Criminal Law Procedure and Practice, contains detailed instructions and templates to speed your drafting tasks.

Forms for both defense and prosecution, including sample Petition to Reduce to a Misdemeanor and for Resentencing pursuant to Proposition 47
Templates for motions, writs, and briefs, including sample Petition for Recall and Resentencing pursuant to the Three Strikes Reform Act
Drafting instructions for motions, writs, and briefs
Points and authorities for supporting memoranda
Trial preparation checklist
Felony guilty plea checklist

Session over—On Demand version coming soon!

Overview
Table of Contents
Forms CD Contents
Selected Developments
Authors
OnLAW System Requirements
Specifications

This book, which corresponds with California Criminal Law Procedure and Practice, contains detailed instructions and templates to speed your drafting tasks.

Forms for both defense and prosecution, including sample Petition to Reduce to a Misdemeanor and for Resentencing pursuant to Proposition 47
Templates for motions, writs, and briefs, including sample Petition for Recall and Resentencing pursuant to the Three Strikes Reform Act
Drafting instructions for motions, writs, and briefs
Points and authorities for supporting memoranda
Trial preparation checklist
Felony guilty plea checklist

Preparing and Filing Motions and Other Papers; Criminal Law Practice Management

I. OVERVIEW 1.1
II. PREPARING, FILING, AND SERVING MOTIONS AND OTHER PAPERS
- A. Form and Format Requirements 1.2
  - 1. Paper and Font Requirements 1.3
  - 2. Margins, Line Spacing, and Line Numbering Requirements 1.4
  - 3. Pages in General 1.5
  - 4. First-Page Format: Caption 1.6
    - a. Attorney Identifying Information 1.7
    - b. Name of Court 1.8
    - c. Title of Case; Description of Paper 1.9
    - d. Name of Judge and Department 1.10
    - e. Other Information 1.11
    - f. Sample Pleading: First Page 1.12
- B. Judicial Council Forms 1.13
- C. Local Rules and Forms
  - 1. Local Rules 1.14
  - 2. Local Forms 1.15
- D. Citation Format 1.16
- E. Service and Filing Requirements for Pretrial Motions 1.17
- F. Drafting Motions and Briefs
  - 1. Short Is Better Than Long 1.18
  - 2. Simple Language Is Best 1.19
  - 3. Be Clear 1.20
  - 4. Be Persuasive 1.21
  - 5. Tell the Judge What Relief You Want 1.22
  - 6. Prepare Proposed Order 1.23
  - 7. Give the Judge Sufficient Information About the Case to Rule on Your Motion 1.24
  - 8. Attach Declarations and Exhibits 1.25
  - 9. Find Out Where and When Particular Motions Are Heard Before Setting or Requesting a Date 1.26
  - 10. Serve Opposing Counsel and Attach Proof of Service 1.27
III. CRIMINAL LAW PRACTICE MANAGEMENT FORMS
- A. Client Information Letter 1.28
- B. General Authorization 1.29
- C. Consent to Release Information (Santa Clara Office of the Public Defender Form 7005A) and Authorization for Release of Information (California Department of Corrections and Rehabilitation Form CDCR 7385) 1.30
- D. Contract for Services of Consultant/Expert 1.31

Professional Responsibility

I. OVERVIEW
- A. Companion Volume 2.1

Right to Counsel; The Attorney-Client Relationship

I. OVERVIEW
- A. Legal Fee Agreement 3.1
- B. State Bar Sample Fee Agreements 3.2
- C. Client Disclosure and Consent 3.2A
- D. Letter Notifying Defense Counsel of Substitution of Counsel, and for Release of Information 3.3
- E. Defendant’s Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (Judicial Council Form CR-105 3.4
- F. Motion to Remove Defense Counsel 3.5
- G. Defense Motion to Be Relieved as Counsel 3.6

Arrest and Bench Warrants; Summons; Subpoenas

I. OVERVIEW
- A. Order to Attend Court or Provide Documents: Subpoena/Subpoena Duces Tecum (Criminal and Juvenile) (Judicial Council Form CR-125/JV-525) 4.1
- B. Motion to Quash Subpoena (Duces Tecum) 4.2

Release Procedures

I. OVERVIEW
- A. Motion to Increase or Deny Bail 5.1
- B. Motion to Set or Reduce Bail 5.2
- C. Motion to Examine Source of Bail 5.3

Arraignment

I. OVERVIEW
- A. Waiver of Defendant’s Physical or Remote Presence (Felonies) 6.1
- B. Waiver of Personal Appearance (Sentencing) 6.2
- C. Misdemeanor Guilty Plea in Absentia 6.3

Pleadings; Joinder and Severance

I. OVERVIEW
- A. Demurrer 7.1
- B. Opposition to Demurrer 7.2
- C. Motion to Sever Counts 7.3
- D. Opposition to Motion to Sever Counts 7.4
- E. Motion to Sever Codefendants 7.5
- F. Opposition to Motion to Sever Codefendants 7.6

Preliminary Hearings

I. OVERVIEW
- A. Defense Motion to Close Preliminary Hearing, Seal Preliminary Hearing Transcript, and for Protective Order 8.1
- B. Prosecution Memorandum in Opposition to Defendant’s Motion to Close Preliminary Hearing, Seal Reporter’s Transcript of Preliminary Hearing, and Issue Protective Order 8.2

Grand Jury

I. OVERVIEW
- A. Motion to Quash Indictment Based on Error in Grand Jury Composition 9.1
- B. Motion to Dismiss Indictment (Pen C §939.71) 9.2
- C. Request to Grand Jury and Prosecution to Consider Exculpatory Evidence 9.3

Client Interview

I. OVERVIEW
- A. Client Interview Form 10.1

Discovery

I. OVERVIEW
- A. Informal Defense Discovery Request 11.1
- B. Defense Motion to Compel Discovery 11.2
- C. Defense Motion for Sanctions 11.3
- D. Informal Prosecution Discovery Request 11.4
- E. Opposition to Prosecution Discovery Request 11.5
- F. Prosecution Motion to Compel Discovery 11.6
- G. Prosecution Motion for Sanctions 11.7
- H. Motion for In Chambers Appointment of Defense Expert 11.8
- I. Defense Motion to Preserve and Copy Tape (Harvey/Madden Motion) 11.9
- J. Defense Motion for Transfer of Evidence for Retesting 11.10
- K. Defense Motion to Dismiss Because of Destruction or Loss of Evidence (Trombetta/Youngblood Motion) 11.11
- L. Defense Motion for Discovery of Police or Custodial Officer Conduct (Pitchess Motion) 11.12
- M. Defense Motion for Discovery of Victim’s Violent Conduct 11.13
- N. Defense Ex Parte Motion for Production of Booking Photo or Latent Fingerprints 11.14
- O. Request for Disclosure of Juvenile Case File (Judicial Council Form JV-570) 11.15
- P. Acknowledgment of Discovery 11.16
- Q. Motion for Conditional Examination 11.17

Public Records

I. OVERVIEW
- A. Companion Volume 12.1

Motion to Set Aside Information or Quash Indictment

I. OVERVIEW
- A. Defense Motion to Dismiss Information Under Pen C §995 13.1
- B. Defense Motion to Quash Indictment Under Pen C §995 13.2
- C. Memorandum in Opposition to Motion to Dismiss Under Pen C §995 13.3
- D. Motion to Compel Reinstatement of Complaint (Pen C §871.5) 13.4
- E. Request for Preparation of Transcript 13.5
- F. Memorandum in Support of Motion to Reinstate Complaint 13.6

Pretrial and Trial Publicity

I. OVERVIEW
- A. Media Request to Photograph, Record, or Broadcast (Judicial Council Form MC-500) 14.1
- B. Order on Media Request to Permit Coverage (Judicial Council Form MC-510) 14.2

Change of Venue

I. OVERVIEW
- A. Motion for Change of Venue 15.1

Search and Seizure Motions

I. OVERVIEW
- A. Motion to Suppress Evidence Seized Without Warrant (Pen C §1538.5) 16.1
- B. Defense Motion to Quash Warrant and Suppress Evidence (Pen C §1538.5) 16.2
- C. Defense Motion to Controvert (Traverse) Search Warrant and to Suppress Evidence (Pen C §1538.5) 16.3
- D. Defense Memorandum in Support of Motion to Suppress Evidence Under Pen C §1538.5 16.4
- E. Prosecution Opposition to Defense Pen C §1538.5 Motion 16.5
- F. Defense Motion for Information on Contents of Search Warrant Affidavit (Luttenberger Motion) 16.6
- G. Prosecution Request for Special Search and Seizure Hearing (Pen C §1538.5(j)) 16.7
- H. Motion for Return of Seized Property (Pen C §1536) 16.8

Motion to Disclose Informant’s Identity

I. OVERVIEW
- A. Motion to Disclose Identity and Present Whereabouts of Informant or, Alternatively, to Dismiss 17.1
- B. Supplementary Defense Motion Concerning In Camera Hearing Procedures 17.2

Selected Pretrial Motions

I. OVERVIEW
- A. Pretrial Notice of Motion, Notice of Motion and Motion, or Motion 18.1
- B. Memorandum in Support of Motion 18.2
- C. Declaration in Support of Motion 18.3
- D. Affidavit in Support of Motion 18.4
- E. Proposed Order 18.5
- F. Declaration of Service by Mail (Documents Deposited in Mail) 18.6
- G. Declaration of Service by Mail (Documents Placed for Collection and Mailing) 18.7
- H. Attorney Declaration of Service by Mail (Documents Deposited in Mail) 18.8
- I. Declaration of Service by Hand Delivery 18.9
- J. Declaration of Electronic Service 18.9A
- K. Application for Order Shortening Time; Order 18.10
- L. Memorandum Opposing Motion 18.11
- M. Motion to Disqualify (Recuse) Prosecutor’s Office for Bias and Prejudice 18.12
- N. Defense Motion for Discovery (Murgia Motion) 18.13
- O. Defense Motion for Discovery (Racial Justice Act) 18.13A
- P. Notice of Motion for Reconsideration and Supporting Memorandum 18.14

Right to Speedy Trial

I. OVERVIEW
- A. Defense Motion to Dismiss (Due Process) 19.1
- B. Defense Motion to Dismiss (Speedy Trial) 19.2
- C. Defense Motion to Dismiss for Violation of Statutory Deadlines 19.3
- D. Notice of Intent to Withdraw General Time Waiver 19.4
- E. Demand by Prisoner to Dismiss Under Pen C §1381 or §1381.5 19.5

Continuances

I. OVERVIEW
- A. Motion for Continuance 20.1

Disqualification of Judge

I. OVERVIEW
- A. Peremptory Challenge 21.1

Lineups and Identification

I. OVERVIEW
- A. Lineup Characteristics Chart 22.1
- B. Witness Identification Sheet 22.2
- C. Notice of Motion and Motion for Lineup (Evans Motion) 22.3
- D. Motion to Suppress Eyewitness Identification 22.4
- E. Prosecution Request for Lineup 22.5

Confessions and Admissions

I. OVERVIEW
- A. Invocation of Right to Counsel 23.1
- B. Defense Motion to Suppress Statement as Product of Fourth Amendment Violation 23.2
- C. Defense Motion to Exclude Statement 23.3

Prior Convictions and Uncharged Misconduct

I. OVERVIEW
- A. Defense Motion to Strike Prior Conviction 24.1
- B. Motion to Preclude Impeachment With Prior Conviction 24.2

Termination of Prosecution Without Judgment

I. OVERVIEW
- A. Companion Volume 25.1

Pleas and Case Settlement

I. OVERVIEW
- A. Checklist: Felony Guilty Plea 26.1
- B. Plea Form, With Explanations and Waiver of Rights—Felony (Judicial Council Form CR-101) 26.2

Pretrial Diversion, Deferred Entry of Judgment, and Preplea Probation Report

I. OVERVIEW
- A. Declaration of Ineligibility for Pretrial Diversion 27.1
- B. Motion for Misdemeanor Diversion 27.2

Trial by Court or Jury

I. OVERVIEW
- A. Companion Volume 28.1

Jury Selection

Michael Begovich

I. OVERVIEW
- A. Jury Selection Chart 29.1
- B. Sample Jury Questionnaire 29.2
- C. Sample Jury Questionnaire: Capital Case 29.2A
II. Sample Jury Questionnaire: Peace Officer Charged with Murder of Fleeing Felon 29.2B
- A. Juror Questionnaire for Criminal Cases (Judicial Council Form JURY-002) 29.3
- B. Sample Questions (No Questionnaire): Sexual Molestation of Boys 29.4
- C. Sample Questions (No Questionnaire): Rape of Woman by Former Boyfriend 29.5
- D. Sample Questions (No Questionnaire): Murder of Infirm Family Member 29.6
- E. Sample Questions (No Questionnaire): Murder of an Infant 29.7

Preparation and Presentation of Case and Argument

I. OVERVIEW
- A. Form: Trial Checklist 30.1

Selected Trial Motions

I. OVERVIEW
- A. Motion In Limine to Exclude Evidence 31.1
- B. Application for Order for Temporary Removal of Prisoner and for His or Her Production as Witness 31.2
- C. Request for Judicial Notice at Trial 31.3
- D. Order Concerning Defendant During Trial 31.4

Jury Instructions

I. OVERVIEW
- A. Request for Jury Instructions 32.1
- B. Objections to Instructions 32.2

Jury Deliberations and Verdict

I. OVERVIEW
- A. Companion Volume 33.1

Prejudgment Motions

I. OVERVIEW
- A. Companion Volume 34.1

Pronouncing Judgment

I. OVERVIEW
- A. Petition to Reduce to a Misdemeanor and for Resentencing [Proposition 47] 35.1
- B. Military Veterans 35.2

Misdemeanor Sentencing

I. OVERVIEW
- A. Companion Volume 36.1

Felony Sentencing

I. OVERVIEW
- A. Petition to Recall Sentence and to Resentence Pursuant to the Three Strikes Reform Act of 2012 (Pen C §1170.126) 37.1
- B. Petition for Resentencing (Penal Code §1172.6) 37.2
II. DEFENDANT’S BRIEF CONCERNING RECALL OF THE SENTENCE UNDER PEN C §1172.1 37.3

Probation

I. OVERVIEW
- A. Notice and Motion for Transfer (Judicial Council Form CR-250) 38.1
- B. Order of Transfer (Judicial Council Form CR-251) 38.2
- C. Receiving Court Comment Form (Judicial Council Form CR-252) 38.3

Work Furlough and Other Alternative Sentences

I. OVERVIEW
- A. Companion Volume 39.1

Victim Restitution

Antonio R. Sarabia II

I. OVERVIEW
- A. Notice of Appearance and Victim’s Requests for Notice Prior to Pretrial Disposition, Notice of Sentencing and Right to Be Heard 40.1
- B. Defendant’s Statement of Assets (Judicial Council Form CR-115) 40.1A
- C. Order for Victim Restitution (Judicial Council Form CR-110/JV-790) and Abstract of Judgment—Restitution (Judicial Council Form CR-111/JV-791) 40.2
- D. Memorandum in Support of Restitution 40.2A
- E. Declaration of Attorney in Support of Restitution Order for Attorney Fees Incurred by Victim 40.3
- F. Memorandum in Support of Prompt Restitution 40.3A
- G. Memorandum in Support of Motion to Modify Restitution 40.3B
- H. Form Interrogatories—Crime Victim Restitution (Judicial Council Form CR-200) 40.4
- I. Supplemental Restitution Order 40.5
- J. Information Regarding Income Deduction Order (Pen. Code, §1202.42) (Judicial Council Form CR-118) 40.6
- K. Order for Income Deduction (Pen. Code, §1202.42) (Judicial Council Form CR-119) 40.7
- L. Order to Probation Department in Regard to Collection of Restitution Payments 40.8
- M. Request for Victim Services (CDCR 1707) 40.9

Trial Counsel’s Duties After Judgment

I. OVERVIEW
- A. Notice of Appeal—Felony (Defendant) (Criminal) (Judicial Council Form CR-120) 41.1
- B. Notice of Appeal (Misdemeanor) (Judicial Council Form CR-132) 41.2
- C. Application for Appointment of Counsel on Appeal (Felony) 41.3
- D. Request for Court-Appointed Lawyer in Misdemeanor Appeal (Judicial Council Form CR-133) 41.3A
- E. Notice Regarding Record on Appeal (Misdemeanor) (Judicial Council Form CR-134) [Deleted] 41.4
- F. Statement of Points to Be Raised on Appeal and Designation of Additional Record (Pen C §1240.1) 41.5
- G. Proposed Statement on Appeal (Misdemeanor) (Judicial Council Form CR-135) [Deleted] 41.5A
- H. Defense Motion to Reduce Felony to Misdemeanor After Probation Granted (Pen C §17(b)(3)) 41.6
- I. Petition to Reduce to a Misdemeanor and for Resentencing [Proposition 47] 41.6A
- J. Application to Dismiss After Probation Successfully Completed (Pen C §1203.4) 41.7
- K. Application to Dismiss Misdemeanor After Probation Not Granted and Sentence Served (Pen C §1203.4a) 41.8
- L. Petition to Seal and Destroy Records and for Declaration of Factual Innocence (Pen C §851.8) 41.9
- M. Motion in Trial Court for Bail Pending Appeal and for Stay of Execution of Judgment (Felony Case) 41.10
- N. Prosecution Motion to Revoke Bail on Appeal 41.11
- O. Petition to Seal Arrest and Related Records (Pen. Code, § 851.91) (Judicial Council Form CR-409) and Proof of Service—Criminal Record Clearing (Judicial Council Form CR-106) 41.11A
- P. Motion to Dismiss Nonviolent Drug Possession Offense (Pen C §1210.1(d)) 41.12
- Q. Petition/Application for Resentencing or Dismissal, or for Redesignation or Dismissal/Sealing (Health & S C § 11361.8) 41.13
- R. Petition to Terminate Sex Offender Registration (Pen C §290.5) (CR-415) and Information on Filing a Petition to Terminate Sex Offender Registration (CR-415 INFO) 41.14
- S. Proof of Service—Sex Offender Registration Termination (Pen C §290.5) (CR-416), Response by D.A. to Petition to Terminate Sex Offender Registration (CR-417), and Order on Petition to Terminate Sex Offender Registration (Pen C §290.5) (CR-418) 41.15

Writs in California State Courts

I. OVERVIEW
- A. Petition for Writ of Mandate/Prohibition in Court of Appeal 42.1
- B. Petition for Review in California Supreme Court 42.2
- C. Petition for Writ of Habeas Corpus (Judicial Council Form HC-001) 42.3
- D. Petition for Writ of Habeas Corpus (Attorney-Drafted) 42.4
- E. Petition for Writ of Mandate Under Pen C §871.6 in Superior Court 42.5

Misdemeanor Appeals

I. OVERVIEW
- A. Notice Regarding Record on Appeal (Misdemeanor) (Judicial Council Form CR-134) 43.1
- B. Proposed Statement on Appeal (Misdemeanor) (Judicial Council Form CR-135) 43.2
- C. Appellant’s Opening Brief 43.3
- D. Respondent’s Brief 43.4
- E. Appellant’s Reply Brief 43.5
- F. Notice of Waiver of Oral Argument (Misdemeanor) (Judicial Council Form CR-138) 43.5A
- G. Petition for Rehearing and Application for Certification 43.6

Felony Appeals

I. OVERVIEW
- A. Motion to Compel Trial Counsel to Provide Client File 44.1
- B. Letter to Correct the Record 44.1A
- C. Motion to Augment the Record 44.1B
- D. Voluntary Dismissal of Appeal 44.2
- E. Application for Extension of Time to File Brief; Order 44.3
- F. Appellant’s Opening Brief 44.4
- G. Appellant’s Reply Brief 44.5
- H. Respondent’s Brief in Prosecution Appeal 44.6
- I. Request for Transmission of Exhibits 44.7
- J. Petition for Rehearing 44.8
- K. Petition for Review 44.9

Federal Habeas Corpus Review of State Court Convictions

I. OVERVIEW
- A. Companion Volume 45.1

Probation Revocations

I. OVERVIEW
- A. Motion to Revoke Probation 46.1

Parole

I. OVERVIEW
- A. Petition for Revocation (Judicial Council Form CR-300) 47.1

Mental Competence, Mental Defenses, and Related Issues

I. OVERVIEW
- A. Companion Volume 48.1

Immunity for Testimony

I. OVERVIEW
- A. Prosecution Petition to Compel Witness to Testify (Pen C §1324) 49.1

Extradition

I. OVERVIEW
- A. Companion Volume 50.1

Advising Witnesses

I. OVERVIEW
- A. Companion Volume 51.1

Representing the Noncitizen Criminal Defendant

I. OVERVIEW
- A. Motion to Vacate Conviction (or Sentence) Under Penal Code §1473.7 52.1

Effect of a Criminal Conviction on Professional Licenses

I. OVERVIEW
- A. Companion Volume 53.1

Death Penalty Cases

I. OVERVIEW
- A. In Chambers Motion for Investigative and Expert Funds Under Pen C §987.9 54.1
- B. Judicial Council Forms Required Under Proposition 66 54.2

Driving Under the Influence Cases

I. OVERVIEW
- A. DUI Advisement of Rights, Waiver, and Plea Form (Vehicle Code §23152) (Butte County) (Form DUI-100) 55.1
- B. DUI Advisement of Rights, Waiver and Plea Form (Vehicle §23153) (Santa Cruz County) (Form SUPCR 1106) 55.2

Juvenile Delinquency Proceedings

I. OVERVIEW
- A. Order to Seal Juvenile Records (Judicial Council Form JV-590) 56.1
- B. Promise to Appear—Juvenile Delinquency (Juvenile 14 Years or Older) (Judicial Council Form JV-635) 56.2
- C. Violation of Law by Child (Judicial Council Form JV-620) 56.3
- D. Notice of Hearing—Juvenile Delinquency Proceeding (Judicial Council Form JV-625) 56.4
- E. Waiver of Rights—Juvenile Delinquency (Judicial Council Form JV-618) 56.5
- F. Juvenile Court Transfer Orders (Judicial Council Form JV-550) 56.6
- G. Order to Transfer Juvenile to Criminal Court Jurisdiction (Welf & I C §707) (Judicial Council Form JV-710) 56.7
- H. Order for Certification of Defendant/Youth to Juvenile Court for Welf & I C §707 Transfer Hearing 56.7A
- I. Juvenile Wardship Petition (Judicial Council Form JV-600) 56.8
- J. Supplemental Petition for More Restrictive Placement (Attachment) (Welf & I C 387) (Judicial Council Form JV-150) [deleted] 56.9
- K. Juvenile Notice of Violation of Probation (Judicial Council Form JV-735) 56.10
- L. Petition to Modify, Change, or Set Aside Previous Orders—Change of Circumstances (Judicial Council Form JV-740) 56.11
- M. Order for Victim Restitution (Judicial Council Form CR-110/JV-790); Abstract of Judgment—Restitution (Judicial Council Form CR-111/JV-791) 56.12
- N. Notice of Appeal—Juvenile (Cal Rules of Ct 8.400) (Judicial Council Form JV-800) 56.13

Asset Forfeiture

I. OVERVIEW
- A. Claim Opposing Forfeiture (Judicial Council Form MC-200) 57.1

Contempt

I. OVERVIEW
- A. Companion Volume 58.1

CALIFORNIA CRIMINAL LAW FORMS MANUAL

(2d Edition)

August 2023

TABLE OF CONTENTS

File Name	Book Section	Title
CH01	Chapter 1	Preparing and Filing Motions and Other Papers; Criminal Law Practice Management
01-028	§1.28	Client Information Letter
01-029	§1.29	General Authorization
01-031	§1.31	Contract for Services of Consultant/Expert
CH03	Chapter 3	Right to Counsel; The Attorney-Client Relationship
03-001	§3.1	Legal Fee Agreement
03-003	§3.3	Letter Notifying Defense Counsel of Substitution of Counsel, and for Release of Information
03-005	§3.5	Motion to Remove Defense Counsel
03-006	§3.6	Defense Motion to Be Relieved as Counsel
CH04	Chapter 4	Arrest and Bench Warrants; Summons; Subpoenas
04-002	§4.2	Motion to Quash Subpoena (Duces Tecum)
CH05	Chapter 5	Release Procedures
05-001	§5.1	Motion to Increase or Deny Bail
05-002	§5.2	Motion to Set or Reduce Bail
05-003	§5.3	Motion to Examine Source of Bail
CH06	Chapter 6	Arraignment
06-001	§6.1	Waiver of Defendant’s Physical or Remote Presence (Felonies)
06-002	§6.2	Waiver of Personal Appearance (Sentencing)
06-003	§6.3	Misdemeanor Guilty Plea in Absentia
CH07	Chapter 7	Pleadings; Joinder and Severance
07-001	§7.1	Demurrer
07-002	§7.2	Opposition to Demurrer
07-003	§7.3	Motion to Sever Counts
07-004	§7.4	Opposition to Motion to Sever Counts
07-005	§7.5	Motion to Sever Codefendants
07-006	§7.6	Opposition to Motion to Sever Codefendants
CH08	Chapter 8	Preliminary Hearings
08-001	§8.1	Defense Motion to Close Preliminary Hearing, Seal Preliminary Hearing Transcript, and for Protective Order
08-002	§8.2	Prosecution Memorandum in Opposition to Defendant’s Motion to Close Preliminary Hearing, Seal Reporter’s Transcript of Preliminary Hearing, and Issue Protective Order
CH09	Chapter 9	Grand Jury
09-001	§9.1	Motion to Quash Indictment Based on Error in Grand Jury Composition
09-002	§9.2	Motion to Dismiss Indictment (Pen C §939.71)
09-003	§9.3	Request to Grand Jury and Prosecution to Consider Exculpatory Evidence
CH10	Chapter 10	Client Interview
10-001	§10.1	Client Interview Form
CH11	Chapter 11	Discovery
11-001	§11.1	Informal Defense Discovery Request
11-002	§11.2	Defense Motion to Compel Discovery
11-003	§11.3	Defense Motion for Sanctions
11-004	§11.4	Informal Prosecution Discovery Request
11-005	§11.5	Opposition to Prosecution Discovery Request
11-006	§11.6	Prosecution Motion to Compel Discovery
11-007	§11.7	Prosecution Motion for Sanctions
11-008	§11.8	Motion for In Chambers Appointment of Defense Expert
11-009	§11.9	Defense Motion to Preserve and Copy Tape (Harvey/Madden Motion)
11-010	§11.10	Defense Motion for Transfer of Evidence for Retesting
11-011	§11.11	Defense Motion to Dismiss Because of Destruction or Loss of Evidence (Trombetta/Youngblood Motion)
11-012	§11.12	Defense Motion for Discovery of Police or Custodial Officer Conduct (Pitchess Motion)
11-013	§11.13	Defense Motion for Discovery of Victim’s Violent Conduct
11-014	§11.14	Defense Ex Parte Motion for Production of Booking Photo or Latent Fingerprints
11-016	§11.16	Acknowledgment of Discovery
11-017	§11.17	Motion for Conditional Examination
CH13	Chapter 13	Motion to Set Aside Information or Quash Indictment
13-001	§13.1	Defense Motion to Dismiss Information Under Pen C §995
13-002	§13.2	Defense Motion to Quash Indictment Under Pen C §995
13-003	§13.3	Memorandum in Opposition to Motion to Dismiss Under Pen C §995
13-004	§13.4	Motion to Compel Reinstatement of Complaint (Pen C §871.5)
13-005	§13.5	Request for Preparation of Transcript
13-006	§13.6	Memorandum in Support of Motion to Reinstate Complaint
CH15	Chapter 15	Change of Venue
15-001	§15.1	Motion for Change of Venue
CH16	Chapter 16	Search and Seizure Motions
16-001	§16.1	Motion to Suppress Evidence Seized Without Warrant (Pen C §1538.5)
16-002	§16.2	Defense Motion to Quash Warrant and Suppress Evidence (Pen C §1538.5)
16-003	§16.3	Defense Motion to Controvert (Traverse) Search Warrant and to Suppress Evidence (Pen C §1538.5)
16-004	§16.4	Defense Memorandum in Support of Motion to Suppress Evidence Under Pen C §1538.5
16-005	§16.5	Prosecution Opposition to Defense Pen C §1538.5 Motion
16-006	§16.6	Defense Motion for Information on Contents of Search Warrant Affidavit (Luttenberger Motion)
16-007	§16.7	Prosecution Request for Special Search and Seizure Hearing (Pen C §1538.5(j))
16-008	§16.8	Motion for Return of Seized Property (Pen C §1536)
CH17	Chapter 17	Motion to Disclose Informant’s Identity
17-001	§17.1	Motion to Disclose Identity and Present Whereabouts of Informant or, Alternatively, to Dismiss
17-002	§17.2	Supplementary Defense Motion Concerning In Camera Hearing Procedures
CH18	Chapter 18	Selected Pretrial Motions
18-001	§18.1	Pretrial Notice of Motion, Notice of Motion and Motion, or Motion
18-002	§18.2	Memorandum in Support of Motion
18-003	§18.3	Declaration in Support of Motion
18-004	§18.4	Affidavit in Support of Motion
18-005	§18.5	Proposed Order
18-006	§18.6	Declaration of Service by Mail (Documents Deposited in Mail)
18-007	§18.7	Declaration of Service by Mail (Documents Placed for Collection and Mailing)
18-008	§18.8	Attorney Declaration of Service by Mail (Documents Deposited in Mail)
18-009	§18.9	Declaration of Service by Hand Delivery
18-009A	§18.9A	Declaration of Electronic Service
18-010	§18.10	Application for Order Shortening Time; Order
18-011	§18.11	Memorandum Opposing Motion
18-012	§18.12	Motion to Disqualify (Recuse) Prosecutor’s Office for Bias and Prejudice
18-013	§18.13	Defense Motion for Discovery (Murgia Motion)
18-013A	§18.13A	Defense Motion for Discovery (Racial Justice Act)
18-014	§18.14	Notice of Motion for Reconsideration and Supporting Memorandum
CH19	Chapter 19	Right to Speedy Trial
19-001	§19.1	Defense Motion to Dismiss (Due Process)
19-002	§19.2	Defense Motion to Dismiss (Speedy Trial)
19-003	§19.3	Defense Motion to Dismiss for Violation of Statutory Deadlines
19-004	§19.4	Notice of Intent to Withdraw General Time Waiver
19-005	§19.5	Demand by Prisoner to Dismiss Under Pen C §1381 or §1381.5
CH20	Chapter 20	Continuances
20-001	§20.1	Motion for Continuance
CH21	Chapter 21	Disqualification of Judge
21-001	§21.1	Peremptory Challenge
CH22	Chapter 22	Lineups and Identification
22-001	§22.1	Lineup Characteristics Chart
22-002	§22.2	Witness Identification Sheet
22-003	§22.3	Notice of Motion and Motion for Lineup (Evans Motion)
22-004	§22.4	Motion to Suppress Eyewitness Identification
22-005	§22.5	Prosecution Request for Lineup
CH23	Chapter 23	Confessions and Admissions
23-001	§23.1	Invocation of Right to Counsel
23-002	§23.2	Defense Motion to Suppress Statement as Product of Fourth Amendment Violation
23-003	§23.3	Defense Motion to Exclude Statement
CH24	Chapter 24	Prior Convictions and Uncharged Misconduct
24-001	§24.1	Defense Motion to Strike Prior Conviction
24-002	§24.2	Motion to Preclude Impeachment With Prior Conviction
CH26	Chapter 26	Pleas and Case Settlement
26-001	§26.1	Checklist: Felony Guilty Plea
CH27	Chapter 27	Pretrial Diversion, Deferred Entry of Judgment, and Preplea Probation Report
27-001	§27.1	Declaration of Ineligibility for Pretrial Diversion
27-002	§27.2	Motion for Misdemeanor Diversion
CH29	Chapter 29	Jury Selection
29-001	§29.1	Jury Selection Chart
29-002	§29.2	Sample Jury Questionnaire
29-002A	§29.2A	Sample Jury Questionnaire: Capital Case
29-002B	§29.2B	Sample Jury Questionnaire: Peace Officer Charged with Murder of Fleeing Felon
29-004	§29.4	Sample Questions (No Questionnaire): Sexual Molestation of Boys
29-005	§29.5	Sample Questions (No Questionnaire): Rape of Woman by Former Boyfriend
29-006	§29.6	Sample Questions (No Questionnaire): Murder of Infirm Family Member
29-007	§29.7	Sample Questions (No Questionnaire): Murder of an Infant
CH30	Chapter 30	Preparation and Presentation of Case and Argument
30-001	§30.1	Trial Checklist
CH31	Chapter 31	Selected Trial Motions
31-001	§31.1	Motion In Limine to Exclude Evidence
31-002	§31.2	Application for Order for Temporary Removal of Prisoner and for His or Her Production as Witness
31-003	§31.3	Request for Judicial Notice at Trial
31-004	§31.4	Order Concerning Defendant During Trial
CH32	Chapter 32	Jury Instructions
32-001	§32.1	Request for Jury Instructions
32-002	§32.2	Objections to Instructions
CH37	Chapter 37	Felony Sentencing
37-001	§37.1	Petition to Recall Sentence and to Resentence Pursuant to the Three Strikes Reform Act of 2012 (Pen C §1170.126)
37-003	§37.3	DEFENDANT’S BRIEF CONCERNING RECALL OF THE SENTENCE UNDER PEN C §1172.1
CH40	Chapter 40	Victim Restitution
40-001	§40.1	Notice of Appearance and Victim’s Requests for Notice Prior to Pretrial Disposition, Notice of Sentencing and Right to Be Heard
40-002A	§40.2A	Memorandum in Support of Restitution
40-003	§40.3	Declaration of Attorney in Support of Restitution Order for Attorney Fees Incurred by Victim
40-003A	§40.3A	Memorandum in Support of Prompt Restitution
40-003B	§40.3B	Memorandum in Support of Motion to Modify Restitution
40-005	§40.5	Supplemental Restitution Order
40-008	§40.8	Order to Probation Department in Regard to Collection of Restitution Payments
CH41	Chapter 41	Trial Counsel’s Duties After Judgment
41-003	§41.3	Application for Appointment of Counsel on Appeal (Felony)
41-005	§41.5	Statement of Points to Be Raised on Appeal and Designation of Additional Record (Pen C §1240.1)
41-006	§41.6	Defense Motion to Reduce Felony to Misdemeanor After Probation Granted (Pen C §17(b)(3))
41-007	§41.7	Application to Dismiss After Probation Successfully Completed (Pen C §1203.4)
41-008	§41.8	Application to Dismiss Misdemeanor After Probation Not Granted and Sentence Served (Pen C §1203.4a)
41-009	§41.9	Petition to Seal and Destroy Records and for Declaration of Factual Innocence (Pen C §851.8)
41-010	§41.10	Motion in Trial Court for Bail Pending Appeal and for Stay of Execution of Judgment (Felony Case)
41-011	§41.11	Prosecution Motion to Revoke Bail on Appeal
41-012	§41.12	Motion to Dismiss Nonviolent Drug Possession Offense (Pen C §1210.1(d))
CH42	Chapter 42	Writs in California State Courts
42-001	§42.1	Petition for Writ of Mandate/Prohibition in Court of Appeal
42-002	§42.2	Petition for Review in California Supreme Court
42-004	§42.4	Petition for Writ of Habeas Corpus (Attorney-Drafted)
42-005	§42.5	Petition for Writ of Mandate Under Pen C §871.6 in Superior Court
CH43	Chapter 43	Misdemeanor Appeals
43-003	§43.3	Appellant’s Opening Brief
43-004	§43.4	Respondent’s Brief
43-005	§43.5	Appellant’s Reply Brief
43-006	§43.6	Petition for Rehearing and Application for Certification
CH44	Chapter 44	Felony Appeals
44-001	§44.1	Motion to Compel Trial Counsel to Provide Client File
44-001A	§44.1A	Letter to Correct the Record
44-001B	§44.1B	Motion to Augment the Record
44-002	§44.2	Voluntary Dismissal of Appeal
44-003	§44.3	Application for Extension of Time to File Brief; Order
44-004	§44.4	Appellant’s Opening Brief
44-005	§44.5	Appellant’s Reply Brief
44-006	§44.6	Respondent’s Brief in Prosecution Appeal
44-007	§44.7	Request for Transmission of Exhibits
44-008	§44.8	Petition for Rehearing
44-009	§44.9	Petition for Review
CH46	Chapter 46	Probation Revocations
46-001	§46.1	Motion to Revoke Probation
CH49	Chapter 49	Immunity for Testimony
49-001	§49.1	Prosecution Petition to Compel Witness to Testify (Pen C §1324)
CH52	Chapter 52	Representing the Noncitizen Criminal Defendant
52-001	§52.1	Motion to Vacate Conviction (or Sentence) Under Penal Code §1473.7
CH54	Chapter 54	Death Penalty Cases
54-001	§54.1	In Chambers Motion for Investigative and Expert Funds Under Pen C §987.9

Selected Developments

August 2023 Update

The current update includes changes that reflect recent developments in case law, legislation, court rules, and jury instructions. Summarized below are some of the more important developments.

Motion to Set or Reduce Bail. The supreme court granted review in In re Harris (review granted Mar. 9, 2022, S272632, superseded opinion at 71 CA5th 1085) on the issue of what evidence the court may consider in setting bail. Meanwhile, the ability to deny bail due to a substantial likelihood the person’s release would result in great bodily harm to others under Cal Const, art I, §12(b) has been interpreted as including a crime involving violence and not limited to “violent felonies” listed in Pen C §667.5(c). In re O’Connor (2022) 87 CA5th 90, 106. See §5.2

Within the framework of In re Humphrey (2021) 11 C5th 135, the question of whether unaffordable bail can be set once the court has found by clear and convincing evidence that no less restrictive conditions of release can adequately protect the public or the victim or that the defendant poses an unacceptable flight risk has come before the Supreme Court. See In re Kowalczyk (review granted Mar. 15, 2023, S272632; superseded opinion at 85 CA5th 667) (court of appeal held unaffordable bail can be set); compare In re Humphrey with In re Brown (2022) 76 CA5th 296 (unaffordable bail not permitted). See §5.2

Defense Motion to Dismiss (Speedy Trial Rights). Delays attributable to public health situations may constitute good cause, even for delays occurring after the state of emergency has ended. Estrada v Superior Court (2023) 88 CA5th 1096 (exceptional circumstances due to courtroom and security shortages arising from pandemic deemed good cause to continue backlogged trials); Hernandez-Valenzuela v Superior Court (2022) 75 CA5th 1108, 1133 (case backlog due to exceptional circumstances, not chronic failure or mismanagement of resources). See §19.2, 19.3.

New Felony Plea Form (CR-101) The Judicial Council released a revised felony plea form (CR-101) effective March 1, 2023. A copy is included in the chapter for optional use. See §26.2.

Petition for resentencing (Pen C §§1172.6). Effective June 30, 2022, the legislature made several key amendments to clarify the petition process and renumbered Pen C §1170.95 to be §1172.6. The court is required to appoint counsel upon request, where a petition is received (including incomplete petitions where the missing information can be readily obtained by the court). Pen C §1172.6((b)(3). A new sample form is included for this petition. See §37.2.

New Statutory Standard of Proof for Transfer of Juveniles to Criminal Court. Effective January 1, 2023, Welf and Inst. Code §707(a)(3) requires that a court considering transfer of a minor to a court of criminal jurisdiction find by clear and convincing evidence that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court. Stats 2022 ch. 330 (AB 2361). See also In re T.A. (2023) 90 CA5th 347 (higher standard applies retroactively, but harmless error found). See §56.7.

About the Update Authors

JONATHAN GROSSMAN, comprehensive update author of this update, received his B.A. in 1988 from the University of California, Berkeley, and his J.D. from the University of California, Hastings College of the Law, in 1991. Mr. Grossman was a Deputy Public Defender in San Joaquin County and is currently a staff attorney with the Sixth District Appellate Program, San Jose. Mr. Grossman is the update co-author (with Allen R. Crown) of Chapter 42, “Writs in California State Courts,” and the update author of Chapter 44, “Felony Appeals,” in California Criminal Law Procedure and Practice (Cal CEB Annual).

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