For an ordinary noticed motion in a San Diego felony case after bindover arraignment on an information—or arraignment on an indictment—the judge sets the motion-filing deadline. The usual date is 21 calendar days after that arraignment, unless the judge assigns another date for good cause. That deadline is separate from the notice period for the hearing, which is generally 15 court days. Check the actual arraignment order and current local rules before calculating either date. (San Diego Superior Court, 2026 Criminal Local Rules, rules 3.2.1–3.2.3.)
Keep the motion and hearing calendars separate
Under the ordinary noticed-motion rule, moving papers are generally filed and served 15 court days before the hearing. Opposition is due five court days before, and reply two court days before. Proof that the moving papers were served is due no later than five calendar days before the hearing. Calendar days and court days are different; use the court calendar and confirm any holiday effect. The rule sets hearing and motion timing, but it does not decide whether the motion’s legal argument succeeds. (San Diego Superior Court, 2026 Criminal Local Rules, rule 3.2.1.)
The ordinary schedule does not control every motion. A preliminary-hearing suppression motion has a separate procedure, and other governing law or a court order may set different requirements. A motion filed after the assigned deadline generally needs an order from the supervising criminal judge; do not assume a late filing will be accepted. (Rules 3.2.1 and 3.2.3.)
Check the required papers
The first page of the notice must prominently show the trial-readiness conference and trial dates, estimated hearing length, and number of witnesses. The opening and opposition legal memoranda may not exceed 15 pages without a judge’s order based on a written good-cause application. Rule 3.2.2 adds papers for particular motions: for example, an attack on the charging document needs a copy of that document and identification of the challenged portions; a discovery motion needs counsel’s sworn account of prior informal requests and the disputed items. If the motion relies on audio or video, follow the local lodging procedure rather than attaching or delivering a device without the required notice and service. A filing receipt, proof of service, hearing confirmation, and any order extending time should stay together in the case record. (San Diego Superior Court, 2026 Criminal Local Rules, rules 3.2.1, 3.2.2 and 3.2.6.)
An arraignment date, assigned filing deadline, hearing date, opposition date, reply date, and service-proof date can each be different. Do not use this general schedule for an ex parte request, a motion governed by a separate statute, or another county’s local rules. For a pending San Diego felony, the Law Offices of David S. Chesley can review the arraignment order and motion calendar. Call (800) 755-5174, or visit the criminal motions page.