Amador Superior Court Filing Timing and Cure Windows

CRITICAL

Initial moving papers for pretrial motions must be filed with the clerk before the matter may be calendared, including when an order shortening time has been obtained.

All initial moving papers relating to pretrial motions, including those filed after obtaining an order shortening time, shall be filed with the clerk. No matter shall be calendared prior to the filing of the moving papers.

CRITICAL

Fax filing is complete when the fax filing agency transmits the entire document to the Court.

Filing by fax is complete on transmission of the entire document to the Court by the fax filing agency.

CRITICAL

A fax filing completed after 5:00 p.m. is deemed to have occurred on the next court day.

Filing that is completed after 5:00 p.m. is deemed to have occurred on the next court day.

CRITICAL

For a same-day decision on the papers, the applicant must provide notice and submit moving papers by 10:00 a.m.; otherwise, the decision will issue the next court day.

As required pursuant to California Rules of Court 3.1200 et seq., the applicant must provide notice and submit moving papers by 10:00 a.m. for a judicial decision to be issued the same day on the papers alone. Otherwise, a decision shall be issued the next court day.

CRITICAL

The Clerk must not accept an untimely Small Claims Notice of Appeal unless a Writ of Mandate directs the Clerk to file it.

The Clerk shall not accept any Small Claims Notice of Appeal submitted after the statutory period for filing a Notice of Appeal has expired, unless a Writ of Mandate has issued directing the Clerk to file the untimely Notice of Appeal.

CRITICAL

Appropriate drop-box documents time-stamped before 5:00 p.m. on the deposit date are deemed filed that day.

Any documents deposited in the drop box, which are court time stamped before 5:00 p.m. on the date of deposit will be deemed filed on the date of deposit, if they are appropriate for filing.

WARNING

For purposes of determining the filing date, the Notice of Appeal is treated as the first paper.

The Notice of Appeal filed pursuant to Labor Code section 98.2 shall be treated as the first paper for the purpose of determining the filing date.

CRITICAL

An attorney notified of decertification has 30 days from mailing of the notice to submit evidence of competency.

The attorney shall have thirty (30) days from the date of mailing the notice of decertification to submit evidence of competency.

CRITICAL

Unless the court orders otherwise, proposed jury instructions are due no later than the Trial Readiness Conference.

Unless otherwise ordered by the court, by no later than the date of the Trial Readiness Conference (TRC), the parties shall submit proposed jury instructions for use in that case in a condition to go to the jury.

CRITICAL

Deadline

5 court days

Unless already filed, proofs of service must be filed at least five court days before the hearing or the matter may be dropped from the law and motion calendar.

Unless previously filed, proofs of service must be filed five (5) court days before the hearing or the matter may be dropped from the law and motion calendar.

CRITICAL

Deadline

7 court days

The request statement for an official reporter must be filed at least seven court days before trial or the hearing.

Any party requiring the services of the official reporter for trial or any other hearing shall file a statement with the court requesting those services at least seven (7) court days prior to the trial or hearing.

CRITICAL

An appointed attorney appearing in a dependency matter for the first time must submit a Certification of Competency within 10 days of that appearance.

After the effective date of these rules, any appointed attorney appearing in a dependency matter for the first time shall complete and submit a Certification of Competency to the court within 10 days of his or her first appearance in a dependency matter.

CRITICAL

Each side must file any rejection of the arbitrator list within ten days after mailing and may reject no more than one name.

The list of randomly selected names shall be mailed to counsel and each side has ten days from the date of mailing to file a rejection of no more than one name on the list.

CRITICAL

Applies to

Attorney fee application

An application for attorney's fees exceeding $1,000 must be filed before the default hearing.

Any application for attorney's fees for an amount in excess of one thousand ($1,000) dollars shall be filed before the default hearing

CRITICAL

The online verification form must be submitted before the hearing on the conservator petition.

After watching the video, prospective conservators must complete the online verification form and submit it to the court prior to the hearing on the conservator petition.

CRITICALCivil cases

A tenant must file an Answer within five days after being served with the complaint.

After being served with the complaint, a tenant has five (5) days to file a response (Answer) with the Court.

CRITICAL

Claims must be filed with the Judicial Counsel every 30 days until counsel is relieved; the court may deny untimely claims.

All claims must be filed with the Judicial Counsel every thirty (30) days until counsel is relieved. Untimely claims may, in the discretion of the court, be denied.

CRITICAL

If the court is not notified of the selected mediator within ten days, the court will appoint a Panel mediator.

If the court is not notified of the selected mediator within ten (10) days, the court will appoint a mediator from the Panel.

CRITICAL

The opposing party must explain any objection specifically and in writing to the court within 15 days after service, or the court will sign the submitted order.

If the opposing party does not explain his/her objection with specificity in writing to the court within fifteen (15) days of the date of service by the preparing party, the court will sign the submitted order.

CRITICAL

After issuing an Order to Show Cause, the court must order the respondent to file a Return within 30 days.

Immediately after the Court issues an Order to Show Cause, the court shall order respondent to file a Return within thirty (30) days, and shall also appoint counsel for the petitioner.

CRITICAL

If no request for a trial de novo is made within thirty days, the clerk enters the arbitration award as judgment.

At the expiration of thirty (30) days, if a request for a trial de novo is not made, the clerk shall enter the award as judgment.

CRITICAL

Applies to

Trial motion

The specified trial motions must be served on opposing counsel and filed with the court by the date of the Trial Readiness Conference.

These motions must be served on opposing counsel and filed with the court no later than the date of the Trial Readiness Conference (TRC).

CRITICAL

In a civil proceeding, the defendant or respondent must make a peremptory challenge within 15 days of the earlier of filing the first pleading or making the first appearance.

and, for the defendant/respondent, shall be within fifteen (15) days of filing the first pleading or first appearance in the matter, whichever is earlier.

CRITICAL

The conservator must file the notice of death within 30 days of the conservatee’s death.

Within thirty (30) days of the death of the conservatee, the conservator must file a notice of death of the conservatee with a copy of the conservatee’s death certificate attached and must serve a copy of the notice on the Court Investigator’s Office.

CRITICAL

A defendant seeking a trial de novo must notify the clerk in writing within ten days after the clerk mails notice of the decision.

In the event the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this rule, the defendant shall, within ten (10) days of the mailing of the clerk's notice of the court's decision, notify the clerk in writing, of a request for a trial de novo;

CRITICAL

A defendant’s written declaration must be filed within the time specified in the courtesy notice.

The defendant shall then file his or her written declaration or declarations under penalty of perjury within the time specified in the courtesy notice.

CRITICAL

The Case Management Conference Statement must be filed at least 15 days before the conference.

All parties or their counsel of record shall file with the courts, a Case Management Conference Statement (Judicial Council Form CM-110) at least fifteen (15) days prior to the Case Management Conference.

CRITICAL

The statement of issues for a long cause hearing must be filed at least 20 days before the hearing.

At least twenty (20) days prior to a long cause hearing, the parties shall serve and file a statement setting forth each issue in dispute, and the legal and factual basis in support of the party's contentions as to each disputed issue. (See Statement of Issues, local form FCS-92.)

CRITICAL

The Inventory and Appraisal must be filed within 90 days after the successor conservator's or guardian's appointment.

Successor conservators and guardians shall file an Inventory and Appraisal of the estate within 90 days of the date of appointment.

CRITICAL

Unless otherwise ordered by the court, all motions in limine shall be filed no later than seven

Unless otherwise ordered by the court, all motions in limine shall be filed no later than seven

CRITICAL

Within ten days after mediation concludes, the mediator must file Form ADR-100 stating whether the mediation resulted in full agreement or non-agreement for the case or particular parties.

Within ten (10) days of the conclusion of mediation, the mediator shall file a statement on Judicial Council Form ADR-100, advising the court whether the mediation ended in full agreement or non-agreement as to the entire case or as to particular parties in the case.

CRITICAL

The final accounting must be filed within 60 days of the conservatee’s death.

Within sixty (60) days of the conservatee’s death, the conservator must file a final accounting with the court.

CRITICAL

Eligible appointed attorneys must submit their Certification of Competency within 30 days of the rules’ effective date.

Each appointed attorney of record for a party to a dependency matter pending before the Court on the effective date of these rules, who believes he or she meets the minimum standards of competency shall complete and submit to the Court, within 30 days of the effective date of these rules, a Certification of Competency.

CRITICAL

The mediator’s fee statement must be submitted within thirty days after mediation is completed, and the court may deny untimely claims.

The mediator’s fee statement must be submitted to the Court within thirty (30) days of completion of mediation. Untimely claims may, in the discretion of the court, be denied.

CRITICAL

Proof of service must be filed within 60 days after an unlawful detainer matter is filed, or the court must dismiss the matter without prejudice and without notice.

Pursuant to the Code of Civil Procedure sections 1161.2 and 1167.1 the court shall dismiss without prejudice an unlawful detainer matter, without notice to parties, if proof of service has not been filed within sixty (60) days of the filing of the matter.

CRITICAL

Peremptory challenges to the mediator are prohibited; a challenge for cause may be presented to the court within five days of appointment.

A peremptory challenge to the mediator is not permitted. However, a challenge for cause may be presented to the court within five (5) days of the appointment.

CRITICAL

Deadline

2 court days

The moving party must file a notice of withdrawal at least two court days before the hearing.

The moving party shall file with the Court, at least two (2) court days before the motion is to be heard, a notice of withdrawal of motion, which identifies the motion to be heard, the date it is scheduled to be heard, and that the moving party has withdrawn the motion, with or without prejudice. The notice of withdrawal of the motion shall include a representation s/he has notified the opposing party that the moving party has withdrawn the motion, with or without prejudice.

CRITICAL

Deadline

5 court days

Each party must lodge its written settlement conference statement with the court no later than five court days before the conference.

Each party shall lodge with the court no later than five (5) court days before the conference and serve on the other parties a written statement that conforms to rule 3.1380 of the California Rules of Court.

CRITICAL

An at-issue memorandum must be filed before a contested case is set for trial.

The at-issue memorandum shall be filed before any contested case may be set for trial.

CRITICAL

The appellant must file the papers required by paragraph (A) with the Notice of Appeal or within ten days after filing it.

Appellant shall file the papers required under paragraph (A) with the Notice of Appeal or within ten (10) days thereafter.

CRITICAL

If sanctions are imposed under Code of Civil Procedure section 177.5, the appellant must file the paragraph (A) papers within thirty days thereafter.

If sanctions are imposed under Code of Civil Procedure section 177.5, appellant shall file the papers prescribed in paragraph (A) within thirty (30) days thereafter.

CRITICAL

The defendant may apply for a hearing within 15 days after being informed that the stay will be lifted, and may contest enforcement only on the stated grounds.

the order staying the income deduction order shall be lifted, may apply for a hearing to contest the enforcement of the income deduction order only 1) on the ground of mistake of fact regarding the amount of restitution owed, or 2) on the ground that the defendant has established good cause for the nonpayment. J. Upon the filing of defendant's request pursuant to paragraph (I) above within the fifteen (15) day period, the matter shall be set for a hearing before the court to determine whether the enforcement of the income deduction order is proper.

CRITICAL

Counsel must file the continuing-education declaration on or before January 15 each year.

The declaration must be filed on or before January 15 of each year.

CRITICAL

In a criminal proceeding, the People must make a peremptory challenge within 10 days of the notice of assignment.

Peremptory challenges under Code of Civil Procedure section 170.6, in a criminal proceeding, shall be made by the People within ten (10) days of the notice of assignment

CRITICAL

Deadline

2 court days

Appointed advocates must file the required report at least two court days before each formal six-month review hearing.

In any case in which the court has ordered the appointment of an advocate, such advocate shall file reports regarding their findings and recommendations for the child with the court at least two (2) court days before each formal six month review hearing;

CRITICAL

If opposing counsel does not approve the order within 20 days, the preparing party must send it to the court with an explanatory cover letter and proof that the letter and proposed order were served on the opposing party.

(b) If the opposing party does not so approve within twenty (20) days, the preparing party shall send the order to the court with a cover letter explaining why it was submitted without such approval and a proof of service of the letter and proposed order on the opposing party.

CRITICAL

Deadline

9 court days

Opposing papers must be filed at least nine court days before the hearing; absent good cause, untimely papers may not be considered and sanctions may be imposed.

All papers opposing a matter or order to show cause shall be filed with the court and served on each party at least nine (9) Court days prior to hearing. Unless good cause is shown, failure to comply may result in refusal by the court to consider any papers not timely filed or in the imposition of sanctions as permitted by law.

CRITICAL

In a criminal proceeding, the defendant must make a peremptory challenge within 10 days of the first appearance.

for the defendant, shall be made within ten (10) days of the first appearance in the matter.

CRITICAL

Deadline

5 court days

A request to excuse a required settlement-conference attendee must be made at least five court days before the conference.

Any person whose attendance at a settlement conference is required by these rules may be excused by the court, on request made in writing not less than five (5) court days before the date set for the settlement conference.

CRITICAL

In a civil proceeding, the plaintiff or petitioner must make a peremptory challenge within 15 days of the notice of assignment.

Peremptory challenges under Code of Civil Procedure section 170.6, in a civil proceeding, for the plaintiff/petitioner shall be made within fifteen (15) days of the notice of assignment