Alameda Superior Court Filing Timing and Cure Windows

If the opening brief deadline expires without a filing, the court sends a Notice of Impending Dismissal and dismisses the appeal without hearing if there is no response.

When the time for filing briefs in any matter in which the appellate division has jurisdiction has expired either pursuant to the California Rules of Court or as extended by court order and no opening brief has been filed, the court will send a Notice of Impending Dismissal and, if there is no response to the notice, enter a dismissal without hearing.

An e-filed document is accepted on the submission date if filed on an open court day; otherwise it is accepted on the next open court day.

Parties may electronically transmit a document to the court at any time. Acceptance of a contemporaneous document for filing occurs on the (i) date the document is submitted, if the submission occurs between 12:00 a.m. and 11:59 p.m. on a day when the clerk’s office is open for business, or (ii) next day when the clerk’s office is open for business following submission of the document, if the submission occurs on a day when the clerk’s office is closed.

Electronically transmitted documents are accepted for filing on the same day if submitted during clerk's business hours (Mon–Fri 8:30 a.m.–4:30 p.m.) and otherwise on the next day the clerk's office is open.

Parties may electronically transmit a document to the court at any time. Acceptance of a transmitted document for filing occurs on the (i) date the document is submitted, if the submission occurs during the normal business hours of the clerk’s office, or (ii) next day when the clerk’s office is open for business following submission of the document, if the submission occurs after the normal business hours of the clerk’s office or on a day when the clerk’s office is closed. For purposes of this rule, “normal business hours of the clerk’s office” means Monday through Friday from 8:30 a.m. to 4:30 p.m.

Deadline

5 business days

A party may file a notice to appear remotely for the entire case, but the notice must be given at least five court days before the next scheduled hearing.

At any time during a case, a party may provide notice to the Court and to all other parties and others entitled to notice that the party intends to appear remotely for the duration of the case. That notice must be made no later than five court days before the next scheduled hearing in the case.

Successor guardians must file an accounting one year after their succession appointment and biennially thereafter.

Successor guardians must file an accounting one year after the successor appointment date and biennially thereafter.

Deadline

15 calendar days

Each party must file and serve a current status description fifteen days before any status conference.

Fifteen days before any status conference, any party must file and serve a description of the current status of the case.

Deadline

15 calendar days

At least 15 days before a case resolution conference, each party must file and serve a case status description using Form ALA FL-041.

Fifteen days before any case resolution conference, each party must file and serve a description of the current status of the case. The parties must use the Case Management Conference Questionnaire (form ALA FL-041).

Deadline

5 calendar days

At least 5 days before a settlement settlement, each party must serve and file a settlement conference statement with specified mandatory content.

At least five days before any settlement conference, each party must serve and file a settlement conference statement that must contain the information set forth below:

Ex parte applications and proposed orders must be submitted to the clerk's office during regular business hours, and the clerk forwards them to the appropriate judicial officer.

All ex parte applications and proposed orders must be delivered during regular business hours to the clerk’s office where the matter is pending. The clerk’s office will forward the matter to the appropriate judicial officer.

Deadline

24 hours

An opposing party must file any written opposition within 24 hours after receiving notice of the ex parte application.

An opposing party must present any written opposition to the court within 24 hours of receipt of notice of the ex parte application.

Orders authorizing psychotropic drugs must be brought to the court for renewal no later than six months after initial issuance, following the ex parte procedure.

All orders authorizing the administration of psychotropic drugs are their any such other order must be submitted to the court for renewal no later than six months from the date of initial pivotal initial issue, following the supporting ex parte procedure described in this subsection.

Deadline

48 hours

A supporting memorandum of points and authorities must be filed at least 48 hours before the hearing on an objection to a petition.

If the court sets a hearing on the objection, counsel for the moving party may file a supporting memorandum of points and authorities. The memorandum must be filed at least 48 hours before the hearing in the department where the hearing is scheduled.

The opposition memorandum of points and authorities must be filed by 9 a.m. on the day of the hearing.

The memorandum in opposition must be filed by 9 a.m. on the day of the hearing in the department where the matter is set for hearing.

Deadline

10 business days

Parties objecting to a de facto parent application must file an opposition within ten court days of the mailing of notice.

Any party who objects to the application shall file an opposition within ten court days from the date of mailing of notice.

Deadline

5 calendar days

The court must grant or deny a petition for a hearing within five calendar days of receipt and immediately notify parties and counsel.

Within five calendar days of receipt of the petition for a hearing, the court will either grant or deny the petition and will immediately notify the parties and counsel, including the Social Services Agency and County Counsel, of its decision.

Deadline

30 calendar days

A hearing on a granted petition must be calendared within 30 days of filing or on the next scheduled court date, whichever occurs first.

If the court grants a hearing on the petition, the hearing shall be calendared within 30 days after the petition is filed, or the next scheduled court date, whichever occurs first.

Deadline

0 calendar days

Objections to an ex parte application must be filed on the same date the ex parte application is filed.

(4) Inform the interested person or the person that requested special notice that the court does not hold hearings on ex parte applications and that any objections to the ex parte application must be filed on the same date the ex parte is filed.

Deadline

1 business days

If notice is given after 10:00 a.m. the court day before filing, objections to the ex parte application must be filed no later than the court day after the application is filed.

If notice of the ex parte application is provided after 10:00 a.m. the court day before the ex parte application is filed, the person giving notice must inform the interested person or the person that requested special notice that objections to the ex parte application must be filed no later than the court day after the ex parte application is filed.

Trustees must file accounts at least every two years, and a longer accounting period does not excuse compliance with normal account requirements.

Trustees must file accounts at least every two years. The fact that an account covers more than a two-year period of time will not constitute grounds for deviation from any of the normal requirements of an account.

Deadline

60 calendar days

Initial guardianship accounts must be filed after the first anniversary of the guardianship and biennially thereafter, within 60 days after each anniversary date.

Guardianship accounts must be filed after the first anniversary of the establishment of the guardianship and biennially thereafter. The account must be filed within 60 days after the anniversary date.

Deadline

90 calendar days

A conservator must file a general plan for the conservatee's care, custody, and control within 90 days of appointment.

Within 90 days of appointment by the court, the guardian must file a general plan for the care, custody, and control of the conservatee.

Motions to transfer a traffic citation to the county seat must be made at arraignment.

Motions to transfer the place of appearance for a traffic citation to the county seat under Vehicle Code section 40502(b) must be made at the time of arraignment.

A defendant seeking a trial de novo must submit the request and payment within the time specified in the notice.

In order to have a trial de novo, the defendant must submit a written request on Judicial Council form TR-220 and pay the total amount due within the time specified in the notice.

Original trial depositions must be lodged with the courtroom clerk at the pretrial conference or on the first day of trial if no pretrial conference is scheduled.

Originals of all depositions to be used at trial must be lodged with the courtroom clerk at the pretrial conference or on the first day of trial if a pretrial conference is not scheduled.

Deadline

3 working days

Unless the trial judge orders otherwise, motions in limine must be filed at least three court days before the pretrial conference or before trial if no conference is held.

Unless otherwise ordered by the trial judge, all pretrial motions in limine subject to this rule must be in writing, numbered consecutively, and filed in the clerk’s office at least three court days before the pretrial conference or, if there is no pretrial conference, three court days before trial.

Deadline

5 business days

Attorneys or unrepresented parties must file complex case management conference statements in the assigned department within five court days before the Complex Case Management Conference.

Attorneys or unrepresented parties must file complex case management conference statements in the assigned department within five court days prior to the Complex Case Management Conference.

Motions to supplement or exclude administrative record documents must be filed by the opening memorandum deadline, with opposition and reply by the corresponding writ memorandum deadlines.

A motion to supplement the certified administrative record with additional documents or to exclude certain documents from the record may be noticed by any party and should be filed no later than the deadline for filing of petitioner's opening memorandum of points and authorities in support of the writ. Opposition and reply memoranda on the motion should be filed no later than the deadline for filing the opposition and reply memoranda regarding the writ.

Deadline

30 calendar days

Petitioner must file and serve the opening memorandum within 30 days from the date the administrative record is served.

Petitioner must file directly in the designated CEQA department and serve personally, by overnight mail or, if previously agreed, by fax or electronic means, an opening memorandum of points and authorities in support of the petitioner within 30 days from the date the administrative record is served.

Deadline

30 calendar days

Respondent and Real Party in Interest must file and serve opposition points and authorities within 30 days following service of petitioner's memorandum.

Respondent and Real Party in Interest must file directly in the designated CEQA department and serve personally, by overnight mail or, if previously agreed, by fax or electronic means, opposition points and authorities, if any, within 30 days following service of petitioner's memorandum of points and authorities.

Deadline

20 calendar days

Petitioner has 20 days from service of the opposition's points and authorities to file and serve a reply memorandum.

Petitioner has 20 days from service of the opposition's points and authorities to file directly in the designated CEQA department and serve personally, by overnight mail or, if previously agreed, by fax or electronic means, a reply memorandum of points and authorities.

Deadline

35 calendar days

If the parties agree, the first settlement meeting must take place no later than 35 days after the administrative record is served.

The initial notice must provide that, if the parties agree, the first settlement meeting mandated by Public Resources Code section 21167.8 will be continued so as to take place no later than 35 days after the administrative record is served.

Deadline

14 calendar days

The trial notebook must be filed 14 days before the hearing or at the time the Reply Brief is filed.

Petitioner must prepare a trial notebook that must be filed with the designated CEQA department 14 days before the date of the hearing or at the time the Reply Brief is filed

Deadline

25 calendar days

Plaintiff must file a request for trial within 25 days of filing the unlawful detainer complaint.

Plaintiff must file a request for trial no later than 25 days after filing an unlawful detainer complaint.

Deadline

180 calendar days

Motions to reopen a conviction after bail forfeiture must be filed with the Traffic Division within 180 days of the bail forfeiture, unless good cause is shown.

Any motion to reopen a conviction reported to the Department of Motor Vehicles following a bail forfeiture under Vehicle Code section 40512 or reported as a failure to complete traffic violator school under Vehicle Code section 40512.6 shall be filed with the Traffic Division no later than 180 days from the date of the bail forfeiture, unless good cause is shown.

Termination of life support, do-not-resuscitate, and surgery-over-religious-objection requests are decided by the presiding judge of the juvenile court.

The following ex parte requests will be determined by the presiding judge of the juvenile court: (A) Termination of life support and do not resuscitate requests; and (B) Requests for permission to perform surgical or other medical procedures over the religious objections of the parents.

Deadline

2 business days

CASA reports must be submitted at least two court days before the hearing.

Any such report must be submitted at least two court days before the hearing.

Deadline

5 calendar days

If a client complaint is not resolved informally, the attorney must move to withdraw or submit a written response within five days.

If the matter is not resolved informally, the judge will request the attorney to move to withdraw or to submit a written response to the client's complaint within five days and thereafter determine whether the attorney acted contrary to the local rules or practice guidelines or whether the attorney acted incompetently.

Deadline

5 business days

Pretrial hearings are set five court days after the detention hearing for minors in custody, and at least ten court days from petition filing for those out of custody.

Pretrial hearings are set five court days after the detention hearing for minors who have been ordered held in custody. For those out of custody, the date is set at least ten court days from the date of filing of the petition.

Deadline

2 calendar days

Supporting documents and a proposed order must be submitted at least two days before the scheduled hearing to qualify for pre-grant status.

To qualify for “pre-grant” status, all supporting documents and a proposed order must be submitted at least two days before the scheduled hearing.

Deadline

7 calendar days

A party must request a court reporter at least one week before the hearing date; otherwise the session will not be reported.

The regular sessions of the appellate division will not be reported unless a party requests a court reporter at least one week prior to the date set for hearing.

Deadline

10 calendar days

Counsel for the deceased party must file a Notice of Death with the court within ten calendar days of receiving notice of the death.

Within ten calendar days of receiving notice of a party’s death, counsel for the deceased party must file a Notice of Death with the court and serve it upon all other parties.

Cases assigned to Department 511 master calendar must file and serve all trial documents on the first day of trial.

All civil cases assigned to the Department 511 master calendar should file and serve all trial documents on the first day of trial.

Motions in limine will be set for hearing; the trial judge controls the hearing date, service, and any timing of opposition and reply papers.

Unless otherwise ordered by the trial judge, all motions in limine subject to this rule will be set for hearing. The trial judge shall determine the hearing date and time and how service of the motion is to be made. The timing and service requirements of the opposition and reply, if any, shall be at the discretion of the trial judge.

Deadline

30 calendar days

A party must file a written Notice of Non-Stipulation to a temporary judge within 30 days of the notice of assignment or will be deemed to have stipulated to the temporary judge.

files their first pleading in the cause and fails to file a written Notice of Non-Stipulation to a temporary judge within 30 days of notice of assignment of the cause to a temporary judge.

Deadline

2 business days

Asbestos and silica cases must be assigned to a department within two court days of filing.

All asbestos and silica cases will be assigned within two court days of filing. A Notice of Assignment indicating the name and department number of the assigned judge, as well as the assigned judge's departmental schedule for noticed motions and ex parte applications, and a Notice of Initial Case Management Conference will be prepared by the court.

Deadline

120 calendar days

The initial case management conference will be conducted within 120 days after the complaint is filed, unless the court orders otherwise.

The initial case management conference will be conducted within 120 days after the filing of the complaint or as otherwise ordered by the court.

Deadline

14 calendar days

A final case management conference will be held 14 days before trial, unless the court orders otherwise.

A final case management conference will be held 14 days before trial unless otherwise ordered by the court.

The court must send the filer an electronic confirmation stating the date and time the document was received.

The court will provide an electronic confirmation to the filer indicating the date and time the document was received.

The court must provide the filer with an electronic confirmation stating the date and time the document was filed.

The court will provide an electronic confirmation to the filer indicating the date and time the document was filed.