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Local Rules of Superior Court of California, County of Imperial

within ten (10) days of the notice of Rule 4.1.6 Motions to Suppress assignment. (a) Where a moving party on a motion [Adopted July 1, 2007; Rule 4.1 renumbered to 4.1.1 under Penal Code §§ 995 or 1538.5 01/01/12] intends to rely upon testimony in a transcript of prior proceedings, Rule 4.1.2 Time for Filing Complaints reference to such testimony identified as to page and line number in the All criminal complaints charging in-custody transcript shall be included; defendants shall be filed at the earliest time possible, but in no case later than 11:00 a.m. (b) At the preliminary examination, the on the date set for arraignment of the magistrate may grant the defendant a defendant on those charges. All criminal continuance for the purpose of filing complaints charging out of custody and serving the motion upon the defendants shall be filed not later than five (5) People, upon a showing that the court days before the time set for defendant or his or her counsel was arraignment, providing proof of notice has not aware of the evidence or was not been filed with the court at least two (2) court aware of the grounds for suppression days prior to the arraignment. Upon a before the preliminary examination. showing of good cause, a later time for filing may be authorized by the judge assigned to (c) A motion to suppress evidence must the arraignment. set forth the specific items of property or evidence that the moving party[Adopted July 1, 2007; Rule 4.2 renumbered to 4.1.2 01/01/12, amended 07/01/24] seeks to suppress. A general request to suppress “all items seized” or Rule 4.1.3 [Repealed] similar language is not sufficient.

[Rule 4.3 repealed July 1, 2008, adopted 07/01/07, Rule 4.3 (d) Defendant must specify the precise renumbered to 4.1.3 01/01/12] grounds for suppression of the evidence, including the inadequacy of Rule 4.1.4 [Repealed] any justification for the search and seizure. If defendant’s motion alleges[Previously adopted July 1, 2007; Rule 4.4 renumbered to 4.1.4 01/01/12, Rule 4.1.4 repealed 01/01/22] the lack of a warrant as the sole basis for suppression, any opposition filed by the People shall specify the Rule 4.1.5 Evidence at Pretrial Motions justification for the warrantless search. The defendant shall then file In motions involving an evidentiary hearing, and personally serve a reply brief at the moving party must specify on the first least two court days before the page of his/her notice of motion that an hearing specifying the inadequacies evidentiary hearing is requested and the of the justification. The raising of estimate of time needed. Failure to comply new issues in the reply may constitute with this rule may result in a denial of the good cause for continuance to permit right to present live testimony. the People to prepare for the hearing.

[Adopted July 1, 2007; Rule 4.5 renumbered to 4.1.5 01/01/12] (e) 1. A memorandum of points and authorities must include a statement of the case and a statement of facts setting forth all procedural and factual

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