For an ordinary Fresno felony motion, first reserve a hearing date with the assigned Designated Department and submit the court’s authorization face sheet with the motion. Section 995 motions and certain renewed suppression hearings use a different scheduling route. The online motion slip requests a hearing date and authorization; it does not file the motion itself. Fresno County Criminal Rule 3.5.1 · Felony law-and-motion slip
Choose the hearing route before calendaring
Ordinary motions not directly connected with trial go to the Designated Department. Clear the date and time with that department and submit its authorization face sheet. The online slip asks for case caption and number, moving party, number and type of motions, department, proposed date and time, and an email address; save the confirmation, then file and serve the actual papers.
A Penal Code section 995 motion, or a special section 1538.5(i) hearing when suppression was raised at the preliminary hearing, generally goes to the supervising criminal judge or designee at the time that judge sets for motions; no preapproval is required. If that judge or designee acted as the preliminary-hearing magistrate, the local rule routes the matter back through the Designated Department procedure. A suppression motion heard at the preliminary hearing has its own filing route and deadline. Check the current assignment and court order before choosing a date. Penal Code section 1538.5
Assemble the actual papers and notice
For the ordinary motion, the local rule calls for a notice of motion, the motion, a supporting declaration or affidavit, a memorandum of points and authorities, and the approved face sheet. Put the hearing date, time, department, and estimated hearing length below the title on the first page. File the original plus two complete copies.
If the defendant or a necessary witness is in custody, include a request for a transportation order. If the noncustody defendant has not already been ordered to attend, defense counsel must give written notice of the hearing and file proof of service with the motion. The court may take the motion off calendar if a required transport request or notice is missing.
A section 995 motion also needs a concise summary of facts from the preliminary-hearing transcript, the specific issues and authorities with explanation, and transcript references by page and line for testimony relied on. The local filing rule describes required contents; it does not decide whether section 995 grounds exist. Penal Code section 995
Calendar the correct notice period
For an ordinary motion, Fresno Rule 3.5.1 and statewide Rule 4.111 generally call for moving papers to be filed and served at least 10 court days before the hearing, proof of service by 5 court days before, opposition by 5 court days before, and reply by 2 court days before. For a suppression motion heard at the preliminary hearing, Fresno Rule 3.5.1 instead requires filing and personal service at least 5 court days before; a written prosecution response is due 2 court days before. A motion-specific statute or court order may change the schedule. California Rules of Court, rule 4.111
For a special suppression hearing under section 1538.5(i), the statute requires at least 10 court days after notice to the prosecutor unless the prosecution waives part of that period. Any written prosecution response must be filed and personally served at least 2 court days before the hearing unless the defendant waives part of that time. This is a separate response schedule from ordinary motion opposition. Penal Code section 1538.5(i)
Fresno’s criminal FAQ uses “10 calendar days,” but the current local and statewide rules specify court days. Use the court-day rule unless governing law or a valid court order sets a different schedule, and have counsel resolve any conflicting instructions. Fresno criminal FAQs
For help with a California pretrial motion, contact the Law Offices of David S. Chesley at (800) 755-5174.