Calaveras Superior Court Filing Timing and Cure Windows

CRITICAL

A document deposited in the drop box before 4:00 p.m. is deemed filed on the deposit date if it is appropriate for filing.

Any document deposited in the drop box before 4:00 p.m. will be deemed filed on the date of deposit, provided they are appropriate for filing.

CRITICAL

Documents and payments may be submitted through the drop box from 8:30 a.m. to 4:00 p.m. on weekdays, excluding court holidays.

Pursuant to California Rules of Court, Rule 2.210 the Court will accept documents for filing and payments between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, except court holidays, in the drop box located by court security screening area, subject to the following terms and conditions:

CRITICALCriminal cases

The original Notice to Appear or Citation must be delivered immediately after issuance.

5. Deliver the original Notice to Appear / Citation to the clerk of the court immediately after issuance.

CRITICAL

Deadline

2 court days

The non-moving party’s Form RA-010 is due by 3:00 p.m. at least two court days before the hearing.

If a non-moving party intends to appear remotely, the non-moving party also must provide notice by filing Judicial Council form Notice of Remote Appearance (Form RA-010) by 3:00 p.m. at least two (2) court days prior to the hearing.

CRITICAL

An electronic submission after the close of business is deemed received on the next court day.

A document that is submitted electronically to the Court after the close of business is deemed to have been received on the next court day.

CRITICAL

When selecting the requested hearing date, the moving party must observe the filing timelines in Code of Civil Procedure section 1005.

In selecting the requested hearing date, the moving party must observe the filing and service time lines of Code of Civil Procedure Section 1005.

CRITICAL

The drop box is available Monday through Friday from 8:15 a.m. to 4:00 p.m.; filings placed there after 4:00 p.m. are filed the next Court business day.

Drop Box – A drop box is located in the public entrance and is available Monday thru Friday 8:15-4:00pm. Filings presented to the Court may be placed in the drop box. Filings placed in the drop boxes after 4:00 p.m. will be filed by the Court on the next Court business day.

CRITICAL

A document submitted during the clerk's normal business hours is deemed accepted for filing on its submission date.

Acceptance of documents for filing shall be deemed to occur on the date the document was submitted to the Court if the submission occurred during normal business hours of the clerk's office.

CRITICALCriminal cases

Counsel must submit invoices to the Court monthly or at least quarterly.

Invoices must be submitted to the Court monthly, or at a minimum quarterly.

CRITICAL

Pleadings deposited before 4:00 p.m. on weekdays, excluding court holidays, are deemed filed that day if accompanied by the proper filing fee.

Pleadings deposited in the drop box prior to 4:00 p.m., Monday through Friday, except court holidays, will be deemed filed on the date of deposit if accompanied by the appropriate filing fee.

CRITICAL

When selecting a hearing date, the moving party must observe the filing and service timelines in Code of Civil Procedure § 1005.

In selecting the requested hearing date, the moving party must observe the filing and service timelines of Code of Civil Procedure § 1005.

CRITICAL

Deadline

1 court days

Ex parte applications for temporary relief, including a proposed order, must be filed by noon at least one court day before the requested hearing day.

All ex-parte applications for temporary relief, including a proposed order, must be filed no later than 12:00 p.m. at least one court day before the day for which the ex-parte hearing is requested.

CRITICAL

All ex parte applications for temporary relief, including a proposed order, must be filed no later than 12:00 p.m. at

All ex parte applications for temporary relief, including a proposed order, must be filed no later than 12:00 p.m. at

WARNING

Submit the interpreter request form at least two weeks in advance when possible to reduce the risk of postponement.

To avoid the risk that your hearing will have to be postponed, please submit this form a minimum of two weeks in advance when possible.

WARNING

Family law requests for orders are generally set for hearing approximately four weeks after filing; the notice period may be shortened only under exceptional circumstances.

Generally, family law request for orders are set for a court hearing date which is approximately four weeks after the moving party files the motion paperwork with the court (See “Standard Practice” below). Only under exceptional circumstances may the four week “notice period” between filing of the motion paperwork and the date for hearing be shortened (See “Special” and “Emergency Situations” below).

WARNING

The drop box is available for document deposits until 4:00 p.m. on court business days.

The box will be accessible for document deposit until 4:00 p.m. on all court business days.

WARNING

An interpreter request should be submitted as soon as the need for an interpreter arises.

A request for an interpreter should be submitted once the requirement presents itself.

WARNING

Child custody and visitation motions without temporary orders should generally be filed about 30 days before the hearing to allow mediation.

Motions, requests for orders or orders to show cause involving child custody and visitation, where no temporary orders have issued, must generally be filed approximately thirty (30) days prior to the date of hearing so that mediation may be completed prior to the hearing.

WARNING

Court-appointed counsel should submit compensation requests monthly.

Requests by court appointed counsel for compensation should be submitted monthly

WARNING

Deadline

1 court days

The moving party’s pleadings should be filed no later than 3:00 p.m. on the court day before the ex parte hearing.

The moving party’s pleadings should be filed with the court no later than 3:00 pm the court day prior to the ex-parte hearing.

CRITICAL

If either party indicates possession is at issue, trial will be set no more than 20 days after the request to set trial is filed.

If either party indicates the right to possession of the premises is an issue, the matter will be set for trial, not more than 20 days from the date the request to set for trial is filed.

CRITICAL

A declaration of expenditures made with the funds must be filed with the clerk within 15 days after the order.

Within fifteen (15) days from the date of the order, a declaration of expenditures made with the funds shall be filed with the clerk.

CRITICALCivil casesCourt notice

A party must file a request for trial within 30 days after the arbitration award is filed to avoid the award becoming final and binding.

The arbitration award shall be final and binding unless a party files a request for trial within 30 days after the date the arbitration award was filed.(CCP 1141.20, CRC 3.826)

CRITICAL

A defendant must request a trial de novo personally at the Clerk’s office or in writing received by the Clerk within 20 days after the Clerk mails the written decision notice.

A request for a trial de novo shall be made by the defendant personally at the office of the Clerk, or in a writing received by the Clerk, no later than twenty (20) days after the date the written notice of decision is mailed by the Clerk to the defendant.

CRITICAL

The arbitrator must file the award within 10 days after the arbitration hearing.

Within 10 days after the arbitration hearing, the arbitrator shall serve and file the award.(CRC 3.825)

CRITICAL

A default case without an entered judgment by the case management plan disposition date is subject to the same dismissal rule as specified nonappearance cases.

“Default” cases, where the default judgment has not been entered, before the case management plan disposition date, are subject to the same dismissal rule as cases where the parties fail to appear at the settlement conference or trial without prior approval of the court.

CRITICAL

August 17 and 18, 2020, are deemed holidays when computing filing deadlines under Code of Civil Procedure sections 12 and 12a.

For purposes of computing time for filing papers with the Court under Code of Civil Procedure sections 12 and 12a, from August 17, 2020, to August 18,2020, inclusive, are deemed holidays because the emergency conditions described in the Order have substantially interfered with the public's ability to file papers in a court facility on those dates (Gov. Code, § 68115(a)(4));

CRITICAL

An attorney notified of missing training evidence has 20 days from mailing of the notice to submit the evidence.

The attorney shall have 20 days from the date of the mailing of the notice to submit evidence of his or her completion of the required training or education.

CRITICAL

Each party may reject one proposed arbitrator within 10 days after the arbitrators are selected, after which the court appoints a remaining arbitrator.

Within 10 days from the date the arbitrators are selected by the court, each party (or side) may reject one of the 3 proposed arbitrators, and the court shall appoint one of the remaining proposed arbitrators.(GRG 3.815)

CRITICAL

Deadline

10 calendar days

Written notice of a continuance request must be filed with the court at least 10 calendar days before the trial date, subject to the stated good-cause exception for untimely notice.

It is the policy of the Superior Court of California, County of Calaveras to require written notice, filed with the court and served upon the opposing party at least ten (10) calendar days prior to the trial date to be continued unless good cause is found for failure to provide timely notice.

CRITICAL

Deadline

5 court days

A written objection to having an unlawful detainer trial heard by a commissioner must be filed at least five court days before trial.

Unlawful Detainer trials will be conducted on Tuesdays, at 1:30 p.m. in Department 4 by a commissioner unless a written objection to having the matter heard by a commissioner is filed at least five (5) court days prior to the scheduled trial.

CRITICAL

Evidence of delivery or mailing of the notice must be provided to the court within 10 days of its request.

Evidence that a copy of said notice was given or mailed to the client shall be provided to the court within 10 days of a request therefore from the court.

CRITICAL

The remote-appearance forms must be filed at least five days before the court date.

Parties must complete and file with the Court Judicial Council Forms Notice of Remote Appearance (Form #RA-010) and Order Regarding Remote Appearance (Form RA-020) at least five (5) days prior to their court date.

CRITICAL

The certificate must be submitted within 10 days of the attorney’s first appearance in a dependency matter.

Any attorney appearing in a dependency matter for the first time shall complete and submit Local Form Counsel Certificate of Competence to the court within 10 days of his or her first appearance in a dependency matter.

CRITICAL

Deadline

5 court days

A written objection to having an unlawful detainer trial heard by a commissioner must be filed at least five court days before trial.

Unlawful Detainer trials will be conducted on Tuesdays, at 1:30 p.m. in Department 4 by a commissioner unless a written objection to having the matter heard by a commissioner is filed at least five (5) court days prior to the scheduled trial.

CRITICAL

The appointed attorney must give the complaint-procedure notice within 10 days of appointment.

The notice shall be given to the client within 10 days of the attorney’s appointment to represent the client.

CRITICAL

Deadline

1 court days

The truncated text states a one-court-day advance timing requirement for an ex parte hearing request.

least one court day before the day for which the ex parte hearing is requested.

CRITICAL

A jury-fee waiver application must be made at least 25 days before trial, except that unlawful detainer proceedings require at least five days.

If the relief sought is the waiver of jury fees, the application shall be made at least 25 days prior to the commencement of the trial for which the relief from fees imposed is sought, or at least five days in unlawful detainer proceedings.

CRITICAL

An opposing party who wishes to oppose the continuance motion must submit the opposition to the court within 5 days of the notice.

If you wish to oppose this Notice of Motion and Motion to Continue Court Trial you must submit your opposition to the court within 5 days of this notice.

CRITICALCriminal cases

Prosecution of an offense under this section must commence within three years after the offense is committed.

Notwithstanding Section 802 of the Penal Code, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.

CRITICAL

Deadline

16 court days

Moving papers must be filed at least 16 court days before the hearing, unless the court has granted an order shortening time or temporary orders.

The moving party must file the moving papers, including application, declaration(s), points and authorities, proposed order(s) and any other supporting documents, by mail or hand delivery to the court’s filing window at a time no less than sixteen (16) court days prior to the hearing unless the court has granted an order shortening time or temporary orders.

CRITICAL

The Case Status Conference Statement is due at least five days before each conference; the text does not specify whether these are calendar or business days.

A Case Status Conference Statement (see Appendix “A” Form A-3) shall be filed and served on all other parties at least five (5) days before each Case Status Conference.

CRITICAL

The Request for Interpreter form should be submitted 15 days prior to your court hearing date.

The Request for Interpreter form should be submitted 15 days prior to your court hearing date.

CRITICAL

Deadline

5 court days

Applies to

Settlement conference statement

The settlement conference statement must be submitted to the court five court days before the conference.

Parties and trial counsel must participate in the settlement conference and submit to the court and serve the other party with a settlement conference statement five (5) court days prior to the conference pursuant to rule 3.1380 of the California Rules of Court and Local Rule 3.6.

CRITICAL

Deadline

5 court days

CASA reports must be submitted to the Court at least five court days before the hearing.

CASA reports shall be submitted to the Court at least five (5) court days prior to the hearing.

CRITICAL

August 17 and 18, 2020, are deemed holidays when computing the deadlines under the listed Penal Code and Welfare and Institutions Code sections.

For purposes of computing time under Penal Code section 825, and Welfare and Institutions Code sections 313, 315, 334, 631, 632, 637, and 657, from August 17, 2020, to August 18,2020, inclusive, are deemed holidays because the emergency conditions described in the Order prevent the court from conducting proceedings and accepting filings on that date [or those dates] as necessary to satisfy these deadlines (Gov. Code, § 68115(a)(5));

CRITICAL

To set a property-bond matter for hearing, the noticed motion must be filed with the Clerk at least 2 days before the hearing date.

To set the matter for hearing, a noticed motion with proof of service to the District Attorney must be filed with the Clerk at least 2 days prior to the date set for the hearing.

CRITICAL

Trial by declaration is available to any defendant who wishes to contest the citation and who requests trial by declaration, either by mail or in person, prior to the date set for his or her initial appearance in court.

Trial by declaration is available to any defendant who wishes to contest the citation and who requests trial by declaration, either by mail or in person, prior to the date set for his or her initial appearance in court.

CRITICALCriminal cases

A defendant requesting a trial de novo must do so within 20 days after the clerk mails notice of the decision.

If the defendant is dissatisfied with the decision of the court following trial by written declaration, the defendant shall be granted one trial de novo if requested within 20 days of the clerk mailing notice of the decision.

CRITICAL

Deadline

5 court days

A party intending to appear remotely at a short-cause domestic violence hearing must notify the court and all persons entitled to notice at least five court days before the hearing.

A party who intends to appear remotely at a short cause Domestic Violence hearing must provide notice to the court and all parties or persons entitled to receive notice of the proceedings at least five (5) court days prior to the hearing.

CRITICAL

The declaration and required bail must be filed or posted on or before the hearing date assigned by the Clerk.

A defendant who has requested trial by declaration must file the declaration, under penalty of perjury, and post the required bail on or before the hearing date assigned by the Clerk.

CRITICAL

The court must review a complaint within 10 days of receiving it.

The court shall review a complaint within 10 days of receipt.

CRITICAL

The reviewing judge must issue a written determination within 10 days after the review.

Within ten (10) days after the review, the reviewing judge shall issue a written determination upholding, reversing, or amending the court’s original determination.

CRITICAL

Minor’s counsel must notify the court as soon as reasonably possible after learning of a right or interest needing protection or pursuit in another forum.

If counsel for the minor becomes aware that the minor may have a right or interest which needs to be protected or pursued in another judicial or administrative forum, counsel for the minor shall notify the court of such right or interest as soon as it is reasonably possible for counsel to do so.

CRITICAL

A party must file a request for trial within 30 days after the arbitration award is filed to prevent the award from becoming final and binding.

The arbitration award shall be final and binding unless a party files a request for trial within 30 days after the date the arbitration award was filed.(CCP 1141.20, CRC 3.826)

CRITICAL

The complaining party or attorney has 10 days after notice to request review by another judge; otherwise, the determination becomes final.

The complaining party or the attorney shall have ten days after the date of the notice to request a review by another judge concerning the court’s proposed action. If the complaining party or attorney does not request a review within that period of time, the court’s determination shall become final.

CRITICAL

A requested review must be completed as soon as practicable and no later than 30 days after the request, unless the parties stipulate otherwise.

If a review is requested, it shall be completed as soon as practicable after the request therefore, but in no case shall it be completed more than 30 days after it has been requested, except by stipulation of the parties.

CRITICAL

Counsel must submit Settlement Conference Statements at least five court days before the scheduled conference.

It is mandatory that all counsel shall, at least five court days prior to the scheduled Settlement Conference, submit to the court and serve on all parties a Settlement Conference Statement not to exceed five pages.

CRITICAL

The appellant must file the notice of designation with the court clerk within 10 days after filing the notice of appeal.

Appellant must file a notice of designation with the court clerk within ten (10) days after filing the notice of appeal.

CRITICAL

An extension request must be filed before the applicable filing deadline expires.

The request shall be filed prior to the expiration of the applicable filing deadline.

CRITICAL

If plaintiffs intend to conclude a case with a default judgment, the date for obtaining it must be before the end of the case’s assigned track.

In any case where plaintiff(s) intend to conclude the case with a default judgment, the date for obtaining that default judgment shall be prior to the end of the track in which the case has been placed.

CRITICAL

The financial institution’s written receipt acknowledging the deposited funds and order must be filed with the clerk forthwith.

In any case in which the court orders the sum to be received by the minor to be deposited in a financial institution, the order shall contain the further order that, “A certified copy of this order shall be delivered to the manager of said financial institution, together with the sum to be deposited therein, and that there shall be a written receipt of said financial institution forthwith filed with the clerk of the court in which the compromise was approved, acknowledging receipt of both the sum deposited and said order.

CRITICAL

A certified attorney must submit a new Certificate of Competence by January 31 of the specified third year and every third year afterward.

submit a new Certificate of Competence to the court on or before January 31 of the third year after the year in which the attorney is first certified and then every third year thereafter.

CRITICAL

Written approval from the judge of the department where the matter is pending must be obtained before investigator, scientist, or forensic expert services are provided for payment.

In criminal matters, no payment shall be authorized for the services of an investigator, a scientist, or a forensic expert without the written approval of the judge of the department in which the matter is pending. Said written approval must be obtained prior to the time that expert services have been provided.

CRITICAL

Deadline

5 calendar days

Applies to

Proof of service

The proof of service must be filed at least five calendar days before the hearing; absent timely proof and responsive pleadings or stipulations, the court may drop the matter from the calendar.

possible the proof of service must be filed with the court no less than five (5) calendar days before the hearing. If no timely proof of service has been filed and no responsive pleadings or stipulations are on file, the court may drop the matter from the calendar.

CRITICAL

An application for authorization of additional expert-services fees must be made and approved before the additional services are provided.

For any case where a request for authorization of additional expert services fees is made, the application must be made and approved before such additional expert services are provided.

CRITICAL

Deadline

15 calendar days

Each party must file its Case Management Conference Statement at least 15 calendar days before each conference.

Not less than 15 calendar days before each Case Management Conference, each party shall file with the court and serve on all other parties a Case Management Conference Statement (Judicial Council form CM-110).

CRITICALCivil casesCourt notice

The arbitrator must file the award within 10 days after the arbitration hearing.

Within 10 days after the arbitration hearing, the arbitrator shall serve and file the award.(CRC 3.825)

CRITICAL

Deadline

5 court days

For misdemeanors and infractions set on Monday in Department 4, a written objection to a commissioner must be filed at least five court days before the hearing.

Misdemeanors and Infractions currently set on Monday in Department 4 will be conducted by a commissioner unless a written objection to having the matter heard by a commissioner is filed at least five (5) court days prior to the scheduled hearing.

CRITICAL

The court must receive compensation requests no later than 90 days after the services were provided.

in all cases, must be received by the court on or before ninety (90) days following the date the services were provided.

CRITICAL

If the complaint presents reasonable cause, the court must notify the attorney, who then has 20 days from the notice to respond in writing.

If the court determines that the complaint presents reasonable cause to believe that the attorney may have failed to act competently or has violated local rules, the court shall notify the attorney in question of the complaint and shall give the attorney 20 days from the date of the notice to respond to the complaint in writing.

WARNING

Deadline

60 calendar days

Child custody and visitation matters without temporary orders are generally set for hearing approximately 60 calendar days after filing to allow mandatory mediation.

Additionally, requests for orders, motions, and orders to show cause involving child custody and visitation, where no temporary orders have been issued, will generally be set approximately sixty (60) calendar days from the date of filing so the mandatory mediation can be completed prior to the hearing.

WARNING

The traffic school completion certificate is due on a date to be specified.

Certificate of completion of traffic school is due _____.

WARNING

Deadline

5 working days

The recording is expected within five working days after submission of the request unless other arrangements are made.

Unless other arrangements are made, you can expect to receive the recording within five (5) working days of submission of the following Request for Electronic Recording.

WARNINGCivil casesCourt notice

A party dissatisfied with a judicial arbitration award may request a trial within the specified time.

A party who does not like the award may file a request for trial with the court within a specified time.

WARNING

When the appellant elects to use the official electronic recording as the settled statement, the parties are deemed to stipulate unless the respondent files an objection within 10 days after service of the record designation.

Where the appellant elects to proceed with a record of the oral proceedings in the trial court and elects to use an official electronic recording of the proceeding under this rule, the parties will be deemed to have stipulated to the use of the official electronic recording as the settled statement unless the respondent files an objection within ten (10) days of being served with the designation of the record.

WARNING

If the plaintiff indicates possession is no longer at issue, the matter will be set on the Case Management Calendar within approximately 30 days.

If the plaintiff indicates the right to possession is no longer an issue, the matter will be set on the Case Management Calendar within approximately 30 days.

WARNING

The Request for Interpreter form should be submitted 15 days prior to your court hearing date.

The Request for Interpreter form should be submitted 15 days prior to your court hearing date.

WARNING

The respondent may file a notice designating additional papers for the clerk’s transcript within 10 days after service of the appellant’s designation.

Respondent may file a notice designating additional papers for inclusion in the clerk's transcript within ten (10) days of service of the appellant's designation.

WARNINGCivil casesCourt notice

Parties should ensure that the statute of limitations does not expire while their dispute is in ADR.

Parties must be careful not to let a statute of limitations run out while a dispute is in an ADR process.

WARNING

Deadline

9 court days

The responding party generally must file responsive pleadings at least nine court days before the hearing, unless the court orders a different filing time.

The responding party generally must file any responsive pleadings, including declarations, objections and/or points and authorities, with the court no less than nine (9) court days prior to the date of hearing unless the court specifically ordered another time for filing.

WARNING

Deadline

60 calendar days

Child custody and visitation matters without temporary orders will generally be set about 60 calendar days after filing to allow mandatory mediation before the hearing.

Additionally, requests for orders, motions, and orders to show cause involving child custody and visitation, where no temporary orders have been issued, will generally be set approximately sixty (60) calendar days from the date of filing so the mandatory mediation can be completed prior to the hearing.

WARNING

The clerk must destroy or otherwise dispose of the specified exhibits or depositions after 60 days have elapsed from final determination.

shall be destroyed or otherwise disposed of by the clerk of the court sixty (60) days after the final determination of the action or proceeding have lapsed

WARNING

When possible, submit the interpreter request form at least two weeks before the hearing to reduce the risk of postponement.

To avoid the risk that your hearing will have to be postponed, please submit this form a minimum of two weeks in advance when possible.

WARNING

An application for release of exhibits may be made within 15 days from the date of the notice.

have 15 days from the date of this notice to make an application for release of exhibits.