Traffic/Minor Offense Hearings

How to Appear for Your Hearing

In certain circumstances, the San Diego Superior Court may allow appearances for hearings to be either in-person or virtual.

For infractions, the court allows virtual appearances pursuant to Penal Code § 1428.5. However, if any participant appears virtually and the defendant does not consent to virtual participation, then all participants (i.e. defendant, counsel, and witnesses, including law enforcement officers) will be required to be physically present in court, within a reasonable amount of time as determined by the judicial officer. If a defendant and retained counsel appear from different locations, it is defendant and counsel’s responsibility to set up a private line of communication during the hearing; the court will not provide one. And, even if defendant consents to remote appearances, the court retains the authority to require the physical presence of any witness or party in court for a particular proceeding. (See Pen. Code, § 1428.5(a)(2).)

To Appear In-Person:
Please arrive at the courthouse at least 15 minutes before your scheduled hearing and report to the appropriate courtroom as follows. If you have retained counsel, follow the direction they provide you on appearing. Otherwise, from the courthouse lobby entrance:

• Kearny Mesa – report directly to the courtroom indicated on your paperwork.
• South County – check in with staff and obtain an admittance ticket to the designated department.
• North County – check in with staff at the entrance of the building.
• East County – check in with staff at the entrance of the building.

If either you or your attorney, if you have one, are appearing from different locations, it is your and your attorney’s responsibility to set up a private line of communication during the hearing; the court will not provide one.

 

To Appear Virtually:
You can attend the hearing by video or audio conference using the free Microsoft Teams App, unless otherwise ordered by the court. If either you or your attorney, if you have one, are appearing from different locations, it is your and your attorney’s responsibility to set up a private line of communication during the hearing; the court will not provide one.

Traffic/Minor Offense Departments' Virtual Hearing Links and Teleconference Phone Numbers

For tips on how to prepare for a virtual hearing, please refer to the Appearing for Hearings page for general information on using Microsoft Teams and continue reading below for information specific to Traffic virtual hearings.

Procedures During the Hearing

1. For the purpose of these procedures, a “participant” includes a party, an attorney, or a witness.
    
2. At the beginning of a calendar being called, the Judges/Commissioners will set forth guidelines for the proceedings. Listen carefully for further direction.
    
3. Hearings may be called out in case number order or by party names, so be sure to pay attention as the calendar is being called. You will need to answer “present” at the appropriate time.
    
4. All participants appearing virtually shall place their microphones on mute unless they are speaking or wish to make an objection.
    
5. All efforts shall be undertaken not to interrupt other speakers during the hearing unless it is necessary to assert an objection. Please do not interrupt when another party or the judge/commissioner is speaking. Please keep in mind that the proceedings are being electronically recorded by the Court so speak clearly and slowly.
    
6. If an interpreter is necessary, all participants shall speak slowly, in short, complete sentences or questions, and allow time for translation. No one shall respond to a question posed by another participant until the question has been translated. For information on requesting an interpreter, please refer to the Court’s Language Access page.
    
7. If an objection is made, all participants must stop speaking and wait for the Court’s ruling on the objection. An attorney or self-represented party can ask to be heard on the objection after it is made. The Court may also request a response to an objection.
    
8. Where an objection is made, and discussions are required in the absence of the witness, the witness, if appearing virtually, may be asked to mute their computer or otherwise be virtually ejected from the meeting space, and invited to re-join the meeting when the objection has been addressed.
    
9. All participants appearing virtually are required to identify anyone who may be observing the proceedings with them. This is essential to ensure the credibility of testimony.
    
10. If you are appearing virtually and you intend to submit evidence, it must be submitted and received by U.S. mail or email to the exhibit email address listed for the department in which your hearing is set, at least 48 hours in advance of the hearing. The subject line of the email submission must include (i) the date of the hearing, (ii) the time set on calendar, (iii) the court case number, and (iv) defendants last name, first initial. Please submit one email only. There is no guarantee that the Court will be able to access or view evidence submitted by email. To assist in the Court’s ability to access and view evidence submitted by email, it is preferred that the evidence submitted be in PDF, WORD or JPEG format. Videos may not be submitted via the email box, but may be presented at the time of the hearing, in the judicial officer’s discretion.
     
11. The Court will hold all hearings to a strict time estimate. Thus, participants are encouraged to not to repeat arguments included in their written pleadings already submitted to the Court.
     
12. Once the Court has heard from all parties, the matter will be submitted for decision. Once submitted, the Court will make a ruling, and no further argument shall be considered.
     
13. Participants SHALL NOT record the video conference or teleconference. Refer to California Rules of Court, rule 1.150.

Guidelines for Participants

1. For the purpose of this guidance, a "participant" includes a party, an attorney, or a witness.
    
2. This information is provided as guidance. The conduct of the hearing remains a matter for the presiding judicial officer. Participants should follow any direction given by the judicial officer.
    
3. If appearing virtually, the behavior, manner, and presentation of a participant should be the same as if they were attending the Court hearing in person. This includes addressing the Judge/Commissioner correctly as “Your Honor” and addressing Counsel politely and courteously.
    
4. The participant will ensure that there will be no interruptions or distractions for the duration of their appearance at the hearing.
    
5. If participants are unable to give uninterrupted evidence, they should advise the courtroom clerk or their attorney as soon as practical.
    
6. A participant should have a copy of all pleadings and documents necessary for the hearing.
    
7. A participant that plans to examine a witness must ensure the witness has a copy of documents to which they may be referred.
    
8. Participants are not permitted to use or access their phones during the hearing except to communicate with their attorney of record or as required to participate in the hearing or as permitted by the judge/commissioner.