A late motion in a Tulare felony case has two timing questions: whether it missed the last hearing date set at the not-guilty plea, and whether the proposed hearing allows enough time to file and serve the papers. A local exception or a request to shorten time does not itself resolve both questions or decide the motion’s merits.
Start with the judge’s cutoff
Tulare Rule 802 directs the judge, when a felony defendant enters a not-guilty plea, to set trial, the pretrial conference, and the last date for hearing further pretrial motions. The rule says motions made after that date are not heard except motions of a constitutional dimension and Penal Code section 1538.5 motions. A special motion set or heard after the pretrial conference requires good cause shown by written declaration. Check the minute order for the actual dates and any later order. Tulare County Local Rules, rules 802, 805, and 806
Rule 805 requires written motions under California Rules of Court, rule 4.111. It presumes a motion made after the date set for bringing motions was unreasonably delayed and places the good-cause showing on the moving party. Rule 802 also permits sanctions for unreasonable delay even for the listed constitutional and suppression motions. Counsel should explain the delay and address the particular motion’s governing law.
Hearing notice is a separate calendar
Unless a statute or court order provides otherwise, rule 4.111 generally requires moving papers and a memorandum to be filed and served at least 10 court days before the hearing, opposition at least 5 court days before, and reply at least 2 court days before. Proof of service of the moving papers must be filed at least 5 court days before the hearing. Count court days, check any motion-specific statute, and read the judge’s order. California Rules of Court, rule 4.111
If a hearing must occur sooner, Rule 806 directs counsel to seek an ex parte order shortening time from the assigned department. Counsel should obtain and attach the opponent’s stipulation if possible, notify opposing counsel of the ex parte hearing, serve papers when possible, and document notice or service in the supporting declaration. That application addresses the notice period; it does not automatically excuse a missed cutoff. Tulare Rule 806
Gather the plea minute order, pretrial-conference order, motion-specific statute, proposed hearing date, service dates, and a declaration explaining any delay. Ask counsel to determine whether the motion falls within a stated exception, whether good cause is required, and whether an order shortening time is needed.
For help with a California criminal motion, contact the Law Offices of David S. Chesley at (800) 755-5174.