First confirm an available hearing date with the court, then prepare the motion for the specific criminal proceeding and motion type. San Francisco Local Rule 16.2 generally directs filings other than writs to the criminal clerk in Room 101, unless the assigned judge permits filing in court. Rule 16.10 requires supporting facts and law, service on the other parties, and courtesy copies to the hearing courtroom. Its notice periods differ for a felony complaint, an information or indictment, a misdemeanor complaint, and certain named motions. (San Francisco Superior Court Local Rules 16.2, 16.10)
This is a filing and scheduling guide for an existing San Francisco Superior Court criminal case. Whether a particular motion is legally available or likely to succeed depends on the record and the rule governing that motion. Confirm the case number, charging document, assigned department, desired ruling, and hearing date before selecting a notice period.
Check the date and the motion category
Rule 16.2 says the moving party must confirm hearing-date availability before filing. For motions relating to a pending information, indictment, or misdemeanor complaint, Rule 16.10 generally calls for filing and service at least 15 calendar days before the hearing. For other motions, including those relating to a pending felony complaint, the general period is 10 calendar days. Those general periods yield to different notice periods listed for particular motions or supplied by other law. (San Francisco Local Rules 16.2, 16.10(A))
For example, Rule 16.10(B) lists five court days before a preliminary hearing for a Penal Code section 1538.5 suppression motion there, but 10 court days for a special suppression hearing in felony trial court. It lists 18 calendar days for a Penal Code section 995 motion, and requires the moving party to obtain a hearing date before the first day of trial. A Pitchess personnel-record discovery motion has its own 10-court-day notice period; Rule 16.9(C) says the Pitchess hearing department sets its date and time, and Evidence Code section 1043 requires proof of service to be filed no later than five court days before that hearing. The rule states separate opposition and reply periods for specified motions. Do not use one deadline for every motion or count “court days” as calendar days. (San Francisco Local Rules 16.9(C), 16.10(A)–(B); Evidence Code § 1043(a)(2))
Assemble papers the rule requires
Rule 16.10 requires points and authorities describing the facts, charged offenses, and legal basis. Its ordinary limit is 15 pages for those points and authorities unless the court allows more for good cause. Cite the particular page and line when relying on a transcript, and attach a copy of any referenced document, exhibit, or pleading other than a court transcript. If a search warrant and supporting affidavit matter, attach legible copies when relevant. The rule asks parties to combine related motions for filing and hearing to the extent practicable. (San Francisco Local Rule 16.10(C)–(F))
Serve the motion and supporting papers on the other parties under the applicable rule and provide courtesy copies directly to the courtroom where it will be heard, as Rule 16.10(G) directs. An ex parte request must state that the opposing party was informed of the relief sought and whether that party agrees; counsel provides it to the clerk, not directly to the judge. A writ is routed under the separate writ rules rather than the usual Room 101 filing provision. (San Francisco Local Rules 16.2, 16.10(G)–(H), 16.12)
Check the filing channel and preserve the record
The court’s criminal division instructions say criminal motions are generally filed in Room 101. They explain that civil e-filing rule Code of Civil Procedure section 1010.6(e)(3) does not make criminal-motion e-filing mandatory; an e-filing option may still be available. Check the court’s current filing channel for the motion and department instead of treating a civil e-filing rule or a successful upload as proof of proper criminal filing. Keep the filed motion, service proof, courtesy-copy record, any rejection notice, and the court’s hearing confirmation. (San Francisco criminal division; Local Rule 16.2)
The Law Offices of David S. Chesley can review the correct motion, hearing route, and applicable notice period in a pending criminal case. Call (800) 755-5174. For case context, see the firm’s San Francisco criminal defense page.