California

Criminal Procedure

Criminal Procedure

Rule 4.152 – Selection of court and trial judge

When a judge grants a motion for change of venue, he or she must inform the presiding judge of the transferring court. The presiding judge, or his or her designee, must:

(1) Notify the Administrative Director of the change of venue. After receiving the transferring court’s notification, the Administrative Director, in order to expedite judicial business and equalize the work of the judges, must advise the transferring court which courts would not be unduly burdened by the trial of the case.
(2) Select the judge to try the case, as follows:

(A) The presiding judge, or his or her designee, must select a judge from the transferring court, unless he or she concludes that the transferring court does not have adequate judicial resources to try the case.
(B) If the presiding judge, or his or her designee, concludes that the transferring court does not have adequate judicial resources to try the case, he or she must request that the Chief Justice of California determine whether to assign a judge to the transferring court. If the Chief Justice determines not to assign a judge to the transferring court, the presiding judge, or his or her designee, must select a judge from the transferring court to try the case.

Cal. R. Ct. 4.152

Rule 4.152 amended effective January 1, 2016; adopted as rule 842 effective March 4, 1972; previously amended and renumbered as rule 4.152 effective January 1, 2001; previously amended effective January 1, 2006.