Re: 22101(D) and "No Right Turn on Red"
I'd simply follow Quirky's format. His demurrer is posted under his Google Docs link in his appeal thread.
PC 1006 states that "Upon the demurrer being filed, the argument upon the objections presented thereby must be heard immediately, unless for exceptional cause shown, the court shall grant a continuance". Which leads me to believe that it need not be filed in advance. Which would also suggest that it need not be served and PC 1007 further supports that in that it offers 10 days for then to amend or refile:
Pc 1007 ..... If the demurrer is sustained, the court must, if the defect can be remedied by amendment, permit the indictment or information to be amended, either forthwith or within such time, not exceeding 10 days, as it may fix, or, if the defect or insufficiency therein cannot be remedied by amendment, the court may direct the filing of a new information or the submission of the case to the same or another grand jury.....
Still, I would serve a copy of the D.A and/or C.A.... Speaking of Quirky, his demurrer was denied by the court on the grounds that it was not served 35 days in advance -which later turned out to be a requirement for a demurrer in a civil matter not a criminal case-. I think if you serve it with 10 days in advance of the hearing date (typically the arraignment) you should be safe in those regards!
And to reiterate what TMN stated, you MUST check local rules and best answers you're going to get under this topic will have to be via the criminal court clerk versus traffic!
I am right 97% of the time... Who cares about the other 4%!