Contra Costa Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Account, Report, Petition
- At Filing
- Upon Filing
Account, Report, Petition For Guardian Or Conservator, Petition For Temporary Guardian Or Conservator, Accounting, Petition For Medical Consent Authority, Related Pleadings
- At Filing
Account, Report, Petition, Guardian Or Conservator Appointment Petition, Temporary Guardian Or Conservator Appointment Petition, Accounting, Medical Consent Authority Petition
- 1 copy • Upon Filing
Account, Report, Petition, Guardianship Or Conservatorship Petition, Temporary Guardianship Or Conservatorship Petition, Medical Consent Petition
- At Filing
Adjournments
- Attorneys should grant reasonable opposing counsel extension requests when the extension will not prejudice their client or unduly delay the proceeding, consistently with governing law and court orders.
- An untimely motion to continue may result in sanctions unless the moving party shows good cause for the untimeliness.
- Every continuance request, written agreement, or stipulation must include facts showing good cause for the continuance.
- +286 more
Request must include
- The Court will not grant a court-trial reset unless the reset request falls within 20 calendar days before the hearing date.
- Each side may request one written continuance of a contested trial at least 20 calendar days before the assigned trial date.
- Each side may obtain one written continuance of a contested court trial date by requesting it from the Traffic Division at least 20 calendar days before trial.
- +8 more
- A motion to continue a jurisdiction hearing must be made and heard at least two court days before the hearing, with notice served on the opposing party at least five court days before the hearing.
- A written stipulation signed by both parties or their attorneys may continue or vacate a CMC, FCCRC, or CSC when submitted at least five court days before the scheduled conference.
- A motion to continue a juvenile jurisdiction hearing must be made and heard at least two court days before the hearing, with notice served on the opposing party at least five court days before the hearing.
- +6 more
- An ex parte application to shorten or extend time must be presented in the assigned Criminal Department with at least 24 hours' notice and a declaration explaining opposition agreement or the reasons the order should issue.
- Ex parte applications to shorten or extend time must be presented in the assigned Criminal Department with at least 24 hours' notice and a declaration stating opposition agreement or the reasons the order should issue.
- Ex parte applications to shorten or extend time must be presented in the assigned Criminal Department with at least 24 hours’ notice and a supporting declaration explaining opposition-party agreement or the reasons the order should issue.
- +11 more
- A motion to continue a jurisdiction hearing must be made and heard at least two court days before the hearing.
- A motion to continue a juvenile jurisdiction hearing must be made and heard at least two court days before the hearing, follow notice to the opposing party at least five court days before the hearing, and ordinarily be written unless all parties and the court waive written notice; good cause permits an exception.
- A motion to continue a jurisdiction hearing must be made and heard at least two court days before the hearing, with notice served on the opposing party at least five court days before the hearing.
- +1 more
- An answering party may request, and may be granted, a continuance when the trial-setting procedures result in a trial date less than 10 court days after the answer is filed.
- Additional relief in a non-unlawful-detainer case must be sought by noticed motion; absent exceptional good cause, any agreed order shortening the hearing time must provide at least 10 court days' notice.
- In non-unlawful-detainer cases, the parties may agree in advance to an Order Shortening Time, but the motion must generally be noticed at least ten court days in advance, except in exceptional cases for good cause shown.
- A filed motion may be dropped from the calendar up to 48 hours before the appearance date by notifying opposing counsel and the court, and the moving party must appear within 48 hours of the hearing date unless excused.
- A duly filed motion may be dropped from calendar up to 48 hours before the appearance date by notifying opposing counsel and the court, and the moving party must appear within 48 hours of the hearing unless excused.
- Within 48 hours of the hearing date, the moving party must appear unless the court excuses the appearance.
- +3 more
- A misdemeanor defendant withdrawing a prior general time waiver must provide written, properly addressed and delivered notice at least two days in advance, although a judge may find that less time is sufficient based on the case facts.
- A stipulation to vacate or continue a trial must be filed with the court, with a courtesy copy to the hearing department, at least five days before trial.
- A stipulation to vacate or continue a trial must be filed at least five days before trial.
- A stipulation to vacate or continue a hearing must be filed with the court at least three days before the hearing.
- A stipulation to vacate or continue a hearing must be filed with the Court at least three days before the hearing.
- Relief from bail forfeiture without the defendant's personal appearance requires a timely written motion by the bail agent or surety stating specific grounds and providing at least 10 calendar days' notice to the District Attorney and County Counsel; a qualifying temporary-disability motion tolls the 180-day period, and frivolous motions may be sanctioned.
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Duty Judge
Page & Word Limits113 rules
Each party must file and serve an Issue Conference Statement no longer than 10 pages at least five court days before the conference.
Parties must file with the court and serve on all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference.
Issue Conference Statement
10 pages
Mediation statements may not exceed five pages.
Mediation statements must not be longer than five (5) pages and must contain the following information:
Mediation Statement
5 pages
The arbitration statement information is limited to 5 pages and must include specified attendance, issue, liability, damages, and supporting-document information.
This information must not be longer than five (5) pages and must include:
Arbitration Statement
5 pages
Computer-produced memoranda of points and authorities in support of or opposition to a criminal motion are limited to 4,200 words, including footnotes; a judge may authorize a longer memorandum on application, and noncompliant memoranda generally will not be considered absent an exception.
A memorandum of points and authorities filed in support of or opposition to a motion and produced on a computer must not exceed 4,200 words, including footnotes.
Brief
4,200 words
Typewriter-prepared memoranda of points and authorities in criminal motions are limited to 15 pages; a judge may authorize a longer memorandum on application, and noncompliant memoranda generally will not be considered absent an exception.
A memorandum of points and authorities prepared on a typewriter must not exceed 15 pages.
Brief
15 pages
An optional Memorandum of Points and Authorities must not exceed 15 pages.
Any optional Memorandum of Points and Authorities shall not exceed 15 pages.
Memorandum Of Points And Authorities
15 pages
Each party must file and serve an Issue Conference Statement no later than five court days before the Issue Conference, and the statement may not exceed ten pages.
Parties must file with the court and serve all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference.
Issue Conference Statement
10 pages
Mediation statements are limited to five pages and must contain specified case, attendance, issue, negotiation, and document information.
Mediation statements must not be longer than five (5) pages and must contain the following information:
Mediation Statement
5 pages
The required arbitration statement is limited to five pages.
This information must not be longer than five (5) pages and must include:
Arbitration Statement
5 pages
A computer-produced memorandum of points and authorities in support of or opposition to a motion may not exceed 4,200 words, including footnotes.
(A) A memorandum of points and authorities filed in support of or opposition to a motion and produced on a computer must not exceed 4,200 words, including footnotes.
Brief
4,200 words
A memorandum of points and authorities may not exceed 15 pages.
(B) A memorandum of points and authorities must not exceed 15 pages.
Brief
15 pages
An optional Memorandum of Points and Authorities may not exceed 15 pages.
Any optional Memorandum of Points and Authorities shall not exceed 15 pages.
Memorandum Of Points And Authorities
15 pages
Evidentiary attachments supporting or responding to a Request for Order may not exceed 10 pages without prior court permission.
Evidentiary attachments submitted in support of a Request for Order or in response to a Request for Order shall not exceed 10 pages in length without prior leave of Court.
Evidentiary Attachments
10 pages
A review-hearing update may not exceed five pages.
Any update shall not to exceed five pages in length.
Review Hearing Update
5 pages
Parties must file and serve an Issue Conference Statement no later than five court days before the Issue Conference, and the statement may not exceed ten pages.
Parties must file with the court and serve all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference.
Issue Conference Statement
10 pages
Mediation statements are limited to five pages and must include the specified attendee, settlement, issue, negotiation, and document information.
Mediation statements must not be longer than five (5) pages and must contain the following information:
Mediation Statement
5 pages
The arbitration statement or equivalent written information is limited to five pages.
This information must not be longer than five (5) pages and must include:
Arbitration Statement
5 pages
This information must be no longer than five (5) pages.
This information must not be longer than five (5) pages
Neutral Case Evaluator Statement
5 pages
In criminal matters, a computer-produced motion memorandum may not exceed 4,200 words, including footnotes, while a typewriter-produced memorandum may not exceed 15 pages; the caption, signature block, word-count certification, and exhibits are excluded, and a judge may authorize a longer memorandum upon application.
(A) A memorandum of points and authorities filed in support of or opposition to a motion and produced on a computer must not exceed 4,200 words, including footnotes. Such a memorandum must include a certificate by submitting counsel or an unrepresented party stating the number of words in the memorandum. The person certifying may rely on the word count of the program used to prepare the memorandum. (B) A memorandum of points and authorities prepared on a typewriter must not exceed 15 pages. (C) The limitations above do not include the caption of the case, the signature block, the word count certification, or any exhibits. (D) On application, a judge may authorize filing of a longer memorandum. Except as otherwise ordered, any memorandum submitted in violation of this rule will not be considered.
Brief
4,200 words
15 pages
An optional Memorandum of Points and Authorities in a family-law pleading may not exceed 15 pages.
Any optional Memorandum of Points and Authorities shall not exceed 15 pages.
Memorandum Of Points And Authorities
15 pages
An Issue Conference Statement may not exceed 10 pages.
Parties must file with the court and serve all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference.
Issue Conference Statement
10 pages
Mediation statements may not exceed five pages.
Mediation statements must not be longer than five (5) pages and must contain the following information:
Mediation Statement
5 pages
Family-law pleadings must comply with the prescribed form and page limits unless the Court grants prior leave for a different form or limit; an optional Memorandum of Points and Authorities may not exceed 15 pages.
Unless the Court has granted prior leave for a different form or page limit, all pleadings in family law matters shall be in the form, and comply with the page limits, prescribed in the California Rules of Court. Any optional Memorandum of Points and Authorities shall not exceed 15 pages. The Court may refuse to consider any pleading that does not comply with the form and page limits.
Memorandum Points And Authorities
15 pages
A mediation statement may not exceed five pages.
Mediation statements must not be longer than five (5) pages
Mediation Statement
5 pages
Document Format Requirements134 rules
Documents filed with the Court must be permanently legible plain-paper copies, and direct facsimile transmission to the Court or Court Clerk is not provided for.
All documents filed must be plain paper copies that are permanently legible copies. There is no provision for direct facsimile transmission to the Court or Court Clerk.
Paper
Attorneys filing exhibits that are untabbed or improperly tabbed may receive monetary sanctions, have their documents disregarded, or have a hearing dropped from calendar.
Counsel of record should take note the Court has and will continue to impose monetary sanctions on attorneys who file documents with untabbed or improperly tabbed exhibits, regardless of whether such documents were fax-filed through an attorney service, and in some instances will disregard those documents or drop a hearing from calendar based on the rule violation.
Every fax-filed document must identify on its first page the attorney service that prepared it, including the service's name, address, and telephone number.
Every fax-filed document shall be stamped on the first page with the name, address, and telephone number of the attorney service that prepared the document for filing.
Memoranda and other papers supporting or opposing motions must comply with the California Rules of Court.
All memoranda and other papers filed in support of, and in opposition to, motions shall comply with the requirements of the California Rules of Court.
The upper-right corner of the first page must state the estimated hearing time and hearing date and department, and must request a removal order when a defendant or necessary witness is in custody outside the Contra Costa County Jail.
All papers shall contain in the upper right-hand corner of the first page, the filing party's estimate of the overall time required for the hearing of the matter, date and department number of the hearing, and a request for a removal order if a defendant or necessary witness is in custody outside the Contra Costa County Jail.
Except for DVPA restraining-order applications, applicants must submit the original application and two additional copies.
With the exception of applications for restraining orders filed under the Domestic Violence Prevention Act (DVPA), all applications must be submitted with the appropriate fee or fee waiver, and the original and two (2) copies of the application.
Unless the court grants prior leave for a different form or page limit, family-law pleadings must follow the form and page limits prescribed by the California Rules of Court.
Unless the Court has granted prior leave for a different form or page limit, all pleadings in family law matters shall be in the form, and comply with the page limits, prescribed in the California Rules of Court.
A judgment, decree, or order must be complete on its own and must include necessary attachments rather than incorporating other documents by reference.
A judgment, degree or order shall be complete in itself, with attachments as necessary to avoid incorporating other documents by reference.
A confidential account statement must be filed as a separate document with a petitioner’s verified identifying statement and the word “CONFIDENTIAL” in all capital letters in the caption.
Any account statement submitted pursuant to Probate Code Section 2620 which is required by that section to be confidential shall be filed as a separate document complying with California Rules of Court, Rules 2.100 et seq., including a verified statement by the petitioner identifying the document. The caption of the document shall include the word “CONFIDENTIAL” in all capital letters.
All documents filed with the Court must comply with California Rules of Court Rules 2.100 et seq. and 3.1110.
All documents filed with the Court must comply with California Rules of Court, Rules 2.100 et seq., and 3.1110.
Electronically filed documents must comply with California Rules of Court Rule 2.100 et seq. formatting requirements, and electronic signatures must comply with Rule 2.257.
Electronically-filed documents must comply with the format requirements of Rule 2.100 et seq. of the California Rules of Court. Signatures on electronic documents must comply with Rule 2.257 of the California Rules of Court.
The Court states that it will continue imposing monetary sanctions for missing required tabs or bookmarks and may disregard the documents or remove the matter from the calendar.
(B) Counsel of record should take note the Court has and will continue to impose monetary sanctions on attorneys who file documents lacking proper tabs or bookmarks where required, regardless of whether such documents were fax-filed through an attorney service, and in some instances will disregard those documents or drop a hearing from calendar based on the rule violation.
Demurrers must be written and filed according to the timing requirements of California Rules of Court, Rule 4.111.
All demurrers shall be made in writing and filed in accordance with the time limitations set forth in California Rules of Court, Rule 4.111.
Family-law pleadings must generally use the prescribed forms and comply with applicable California Rules of Court and Local Rules page limits unless the court grants prior leave for a different form or limit.
Unless the Court has granted prior leave for a different form or page limit, all pleadings in family law matters shall be in the form, and comply with the page limits, prescribed in the California Rules of Court and these Local Rules.
Documents filed by facsimile must be permanently legible plain-paper copies.
All documents filed must be plain paper copies that are permanently legible copies.
Paper
A fax filing party must use a machine that generates a transmission record and retain it for transmission or processing errors.
A party using facsimile transmission to file a document must utilize a machine that generates a transmission record and maintain that record in case there is an error in the transmission or the Court fails to process the document.
Every fax-filed document must bear the preparing attorney service’s name, address, and telephone number on its first page.
(A) Every fax-filed document shall be stamped on the first page with the name, address, and telephone number of the attorney service that prepared the document for filing.
Except for applications for restraining orders filed under the DVPA, applicants must submit the appropriate fee or fee waiver, the original application, and two (2) copies.
With the exception of applications for restraining orders filed under the Domestic Violence Prevention Act (DVPA), all applications must be submitted with the appropriate fee or fee waiver, and the original and two (2) copies of the application.
Parties must bring the original signed application or response, with all attachments, to the first hearing and produce it for inspection upon request.
Parties shall bring the original, signed application or response with all attachments to the first hearing on the case, at which time they shall produce it for inspection by the Court and all parties upon request.
Family-law pleadings must comply with the forms and page limits prescribed by the California Rules of Court unless the Court grants prior leave for a different form or page limit.
Unless the Court has granted prior leave for a different form or page limit, all pleadings in family law matters shall be in the form, and comply with the page limits, prescribed in the California Rules of Court.
Juvenile motions generally must be written, heard before jeopardy attaches, and set for hearing at least five court days after notice unless the Court orders otherwise.
Except as provided by law, all motions shall be in writing, shall be heard before the attachment of jeopardy and shall be heard five (5) or more court days after notice unless the Court orders otherwise.
A holographic instrument offered for probate must be accompanied by a photocopy and an exact line-by-line typewritten copy showing crossed-out words.
When a holographic instrument is offered for probate, a photocopy of the instrument must be accompanied by an exact typewritten copy of the instrument, reproducing the instrument line by line and showing any words crossed out.
Exhibits in filed documents must be properly tabbed, and violations may result in monetary sanctions, disregard of the documents, or removal of a hearing from the calendar.
(C) Counsel of record should take note the Court has and will continue to impose monetary sanctions on attorneys who file documents with untabbed or improperly tabbed exhibits, regardless of whether such documents were fax-filed through an attorney service, and in some instances will disregard those documents or drop a hearing from calendar based on the rule violation.
Document Filing Requirements2246 rules
In a contested matter, the parties must timely meet and confer about selecting a qualified court reporter, and the procuring party must provide a proposed CV-311 order appointing the reporter for the Court's signature at the proceeding.
For contested matters, the parties must meet timely and confer as to the selection of a qualified court reporter and, at the time of the proceeding to be reported, the party procuring the qualified court reporter must provide a proposed order appointing the reporter on form CV-311 for the Court’s signature (see Government Code sections 68086 and 70044).
Document Type
Proposed Order
A facsimile document with exhibits that cannot be accurately transmitted must include an insert page for each missing exhibit describing the exhibit and why it is missing.
In the event that a proper facsimile-produced document submitted for filing requires or refers to attached exhibits which, because of the nature of such exhibits cannot be accurately transmitted via facsimile transmission, such documents shall be filed with an insert page for each missing exhibit describing the exhibit and why it is missing.
Document Type
Facsimile Document
Failure to send required missing exhibits to the Court may result in striking the document or exhibit.
Failure to send the missing exhibits to the Court for attachment to the document as required by this paragraph shall be grounds for the Court to strike any such document or exhibit.
Document Type
Facsimile Document
When service is required, the complete document must be served on all parties by the applicable deadlines and a certificate of that service must accompany the filing.
The complete document must, where required, be served on all parties in accordance with applicable time limits, and a certificate to that effect must accompany the filing.
Document Type
Filing
A facsimile-filing cover sheet must state the time, location, and department of the scheduled detention hearing.
(4) In addition to any other required information, the Facsimile Filing cover sheet shall indicate the time, location and department of the scheduled detention hearing in the matter.
Document Type
Facsimile Filing Cover Sheet
Plaintiff's counsel must promptly file an uninsured-motorist declaration identifying available coverage, the carrier and coverage limits, counsel's adequacy assessment, the promise to pursue the remedy, and the intention to assign the claim or dismiss after recovery.
Promptly upon learning that an action is to proceed as an uninsured motorist case, plaintiff's counsel shall file a declaration setting forth the information upon which such a determination has been made. The declaration shall include: A statement that coverage exists under an uninsured motorist's insurance policy; the name of the carrier and limits of coverage. It shall also include a statement that counsel believes that the limits of coverage are adequate to compensate for known loss or damage; that plaintiff(s) will promptly pursue such remedy and that it is counsel's present intention to assign the claim or dismiss the pending action upon receipt of a recovery by settlement or award.
Document Type
Uninsured Motorist Declaration
The uninsured-motorist declaration must carry the specified caption.
The declaration shall be captioned "Request for Temporary Exemption - Uninsured Motorist Case."
Document Type
Uninsured Motorist Declaration
If dismissal has not been filed, plaintiff's counsel must file a further declaration and provide a status report at least five court days before the review hearing, and must include a justified request for additional time if necessary.
If a dismissal has not been filed, plaintiff's counsel must file a further declaration five (5) court days before the review hearing date and provide a status report and, if necessary, a request with supporting justification for additional time to conclude the case.
Document Type
Further Uninsured Motorist Declaration And Status Report
An early case management conference request must state that all parties join, or if they do not, provide a brief and clear explanation of the benefits of advancing the conference date.
The request shall either recite that all parties join in the request or, if not, must provide a brief but clear explanation of the benefits of advancing the conference date.
Document Type
Early Case Management Conference Request
The required Case Management Statement must be completed using Judicial Council Form CM-110.
Each appearing party shall file and serve the completed Case Management Statement, (Judicial Council Form CM-110), at least fifteen (15) calendar days before the First Case Management Conference as provided by California Rules of Court, Rule 3.725.
Document Type
Case Management Statement
The Issue Conference Statement must address liability, damages, injuries, anticipated evidentiary or legal issues, and potential stipulations.
The following shall be included in the Issue Conference Statement and will be considered at the Issue Conference:
Document Type
Issue Conference Statement
The Issue Conference Statement must contain the parties' facts, law, and contentions concerning liability, detailed damages, injuries, anticipated trial issues, and possible stipulations.
A statement of the facts, law and respective contentions of the parties regarding liability, damages (with specific dollar details), nature and extent of injuries, any unusual evidentiary or legal issues anticipated at trial, and all matters of fact believed by any party to be appropriate for stipulation;
Document Type
Issue Conference Statement
Each party must both file the Issue Conference Statement with the court and serve it on all parties at least five court days before the conference.
Parties must file with the court and serve on all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference.
Document Type
Issue Conference Statement
Limited Civil Case parties must use Local Court Form CV-659(c) for the Issue Conference Statement.
In Limited Civil Cases only, use of the local Issue Conference Statement form (Local Court Form CV-659(c)) is mandatory.
Document Type
Issue Conference Statement
Each Issue Conference Statement must include a trial-length estimate, a proposed jury statement of the case, and proposed voir dire questions.
(3) A trial length estimate and a proposed statement of the case to be read to the jury, and proposed voir dire questions; and
Document Type
Issue Conference Statement
Each Issue Conference Statement must include a witness list containing only actually expected witnesses, a brief statement of anticipated testimony, and an exhibit list.
(2) A witness list, including only those witnesses that each party actually expects to have testify, with a brief statement of anticipated testimony, and exhibit list;
Document Type
Issue Conference Statement
The written jury questionnaire must be submitted with the Issue Conference Statement, with any unresolved questions requiring a court ruling clearly identified.
(4) The questionnaire shall be submitted with the Issue Conference Statement with any unresolved questions requiring a ruling by the Court clearly identified;
Document Type
Jury Questionnaire
All parties must meet and confer to attempt resolution of questionnaire objections and proposals no later than 10 court days before the Issue Conference.
(3) All parties shall meet and confer to attempt resolution of objections and proposals no later than ten (10) court days before the Issue Conference;
Document Type
Jury Questionnaire
Each party must lodge a compliant settlement statement with the assigned department when filing the Issue Conference Statement.
Each party shall lodge with the assigned department, at the time of filing of the Issue Conference Statement, a settlement statement in the form and content described in Local Rule 3.101.
Document Type
Settlement Statement
An ex parte application for additional relief must include either proof of service on the defaulting party or a declaration explaining how and when notice was given or that notice should be excused under Rule 3.1204.
An ex parte application filed pursuant to this provision must either: (A) Contain a Proof of Service showing that the application was served on the defaulting party, or (B) Include a declaration stating either: (i) Notice of the filing of the application was given to the defaulting party, specifying how and when that notice was given, or (ii) Notice should be excused pursuant to California Rules of Court, Rule 3.1204.
Document Type
Ex Parte Application
A party contesting an ex parte application must file a written objection stating its reasons within forty-eight hours after the notice.
If the allegedly defaulting party wishes to contest the application, it must file a written objection, stating the reasons for the objection. Any such objection must be filed within forty-eight (48) hours of the notice given pursuant to paragraph (a)(2).
Document Type
Written Objection
When bond is required, the report must state the controlled personal property’s current value, estimated annual income, net saleable real-property value, and applicable guardianship or conservatorship public benefits and recipient identity.
(A) the current value of all personal property subject to the petitioner’s control; (B) the amount of the estimated annual income for the next year; (C) the fair market value, less encumbrances, of any real property which the fiduciary can sell without prior court order; and (D) the amount of any public benefits regarding accounts for guardianships and conservatorships being received by or for the benefit of the ward or conservatee, including the identity of the person receiving the benefit.
Document Type
Accounting Report
The parties must file a Joint Statement of Contested Issues with required information and, if applicable, a payment-calculation spreadsheet; if they cannot agree, each must instead file and serve a separate statement containing the same information.
File a Joint Statement of Contested Issues describing all issues that remain in dispute. That statement shall include, where it is an issue, the parties’ respective proposals for the division of property and debts. If late or missing payments are claimed, a calculation spreadsheet shall also be attached. If the parties are unable to agree upon a Joint Statement of Contested Issues, then each party shall file and serve a Separate Statement of Contested Issue which includes all of the information required for a Joint Statement of Contested Issues.
Document Type
Joint Statement Of Contested Issues
Filing & Service rules
Electronic Filing Rules
Electronic filing became mandatory in Designated Cases on July 5, 2022, and was available optionally beginning June 20, 2022.
Electronic filing in Designated Cases will be mandatory beginning on July 5, 2022, and shall be available optionally beginning on June 20, 2022.
Page 30 | NINTH AMENDED STANDING ORDER RE: E-FILING IN CIVIL CASES
In civil matters, subpoenas and administrative records may not be electronically filed; administrative records should be submitted on a flash drive unless the court orders hard copy.
f. In Civil matters: i. Subpoenas. ii. Administrative Records. (Administrative records should be submitted on a flash drive, or by hard copy if ordered by the Court.)
Page 31 | FILING AND FILING DATES
Documents concerning civil harassment or workplace violence restraining orders, bonds and undertakings, bench warrants, name-change petitions, and specified Code of Civil Procedure challenges must be filed in hard copy, except domestic-violence restraining-order cases for the specified challenges.
a. Documents related to Civil Harassment Restraining Orders and Workplace Violence Restraining Orders. b. Bonds and undertakings. c. Bench warrants. d. Petitions for Name Change. e. Challenges under Code of Civil Procedure §§ 170.1/170.3 and 170.6, except in Domestic Violence Restraining Order cases.
Page 31 | FILING AND FILING DATES
The listed documents may not be electronically filed and must be filed or lodged in hard copy unless the Presiding Judge orders otherwise or an amended local rule provides otherwise.
3. The following documents may not be electronically filed and must still be filed/lodged in hard copy form unless otherwise ordered by the Presiding Judge or provided in an amended Local Rule:
Page 31 | FILING AND FILING DATES
In probate matters, ex parte motions and oppositions, the affidavit regarding real property of small value, bonds, estate-planning documents, and wills and codicils may not be electronically filed and must be filed in hard copy.
h. In Probate matters: i. Ex Parte Motions and Oppositions. ii. Affidavit re Real Property of Small Value. iii. Bonds. iv. Estate Planning Documents. v. Wills and Codicils.
Page 31 | FILING AND FILING DATES
In civil-complex matters, subpoenas and administrative records may not be electronically filed and must be filed in hard copy.
g. In Civil Complex matters: i. Subpoenas. ii. Administrative Records.
Page 31 | FILING AND FILING DATES
In family matters, judgments, notices and abstracts of judgment, ex parte matters and responses or contempts, oppositions to the commissioner, writs, and subpoenas may not be electronically filed and must be filed in hard copy.
i. In Family matters: i. Judgments. ii. Notice of Entry of Judgment. iii. Abstract of Judgment. iv. Ex Partes and responses to ex partes / Contempts. v. Opposition to Commissioner. vi. Writs. vii. Subpoenas.
Page 32 | FILING AND FILING DATES
In probate matters, subpoenas and letters of administration, testamentary, conservatorship, or guardianship may not be electronically filed and must be filed in hard copy.
vi. Subpoenas. vii. Letters of Administration/Testamentary/Conservatorship/Guardianship.
Page 32 | FILING AND FILING DATES
In small-claims matters, subpoenas and the Certificate of Facts-DL30 may not be electronically filed and must be filed in hard copy.
j. In Small Claims matters: i. Subpoenas. ii. Certificate of Facts -DL30.
Page 32 | FILING AND FILING DATES
The listed juvenile filings must be lodged in hard-copy form and may not be electronically filed unless the Presiding Judge orders otherwise or an amended rule applies.
b. In Juvenile matters: i. Initial Complaints/Petitions. ii. Reports and Recommendations. iii. Orders/Judgments. iv. Warrants. v. Challenges under Code of Civil Procedure §§ 170.1/170.3 and 170.6. vi. Ex Parte Motions and Oppositions.
Page 36 | STANDING ORDER RE: PERMISSIVE E-FILING IN CRIMINAL AND JUVENILE CASES
The listed criminal filings must be lodged in hard-copy form and may not be electronically filed unless the Presiding Judge orders otherwise or an amended rule applies.
a. In Criminal matters: i. Initial Complaints/Petitions. ii. Parole Revocation Filings. iii. Parole Warrants. iv. Post-Release Community Supervision Warrants. v. Ramey Warrants. vi. Search Warrants. vii. Waivers of Extradition. viii. Criminal Habeas Corpus Petitions. ix. Orders/Judgments. x. Challenges under Code of Civil Procedure §§ 170.1/170.3 and 170.6. xi. Ex Parte Motions and Oppositions.
Page 36 | STANDING ORDER RE: PERMISSIVE E-FILING IN CRIMINAL AND JUVENILE CASES
Ex parte submissions must be filed electronically unless a self-represented party has not opted into electronic filing.
Submissions shall be filed electronically unless the party is self-represented and has not elected to participate in electronic filing.
Page 38 | I. Civil Ex Parte Motions, Oppositions, and Hearings; D. Ex Parte Application Papers
Authorized facsimile filings must include the required Judicial Council cover sheet, the phrase “By fax” below the document title, and a retained transmission record.
A facsimile filing shall be accompanied by a Judicial Council Facsimile Filing Cover Sheet as specified in California Rules of Court, Rule 2.304(b). Each facsimile document shall contain the phrase “By fax” below the document’s title. A party using facsimile transmission to file a document must utilize a machine that generates a transmission record and maintain that record in case there is an error in the transmission or the Court fails to process the document.
Page 30 | Rule 2.86(a). General rules - authorization of pilot project
Subject to satisfactory arrangements with the Department of Social Services, the Court accepts initial juvenile dependency petitions and accompanying documents by facsimile transmission.
Subject to finalizing satisfactory arrangements with the Department of Social Services, the Court will accept the filing of initial dependency petitions and accompanying documents by way of facsimile transmission.
Page 30 | Rule 2.86(b). Special rules applicable to Juvenile Dependency filings
Facsimile filing under the pilot project is limited to initial juvenile dependency petitions; subsequent filings must use the regular filing process.
For this Pilot Project, the filing of only initial dependency petitions in juvenile matters will be allowed by facsimile transmission. Any subsequent filings in these juvenile matters shall be made by regular filing process.
Page 32 | Rule 2.86. Pilot Project - Limited Facsimile Filings
Filing Timing and Cure Windows
All ex parte papers must be served and submitted to the Clerk's Office by 3:00 p.m. on the day before the determination.
All ex parte papers shall be served and submitted to the Clerk's Office no later than 3:00 pm the day before the ex parte determination.
Page 38 | I. Civil Ex Parte Motions, Oppositions, and Hearings; D. Ex Parte Application Papers
After the court confirms the hearing reservation, the moving party has seven calendar days to file the motion papers, and failure to do so may cause the court to vacate the reserved hearing time.
Once the reservation date is confirmed by the Court, the moving party shall have seven (7) calendar days to file the moving papers with the Court. Failure to file the moving papers within this period may result in the reserved hearing time being vacated by the Court.
Page 39 | II. Motions for Summary Judgment / Adjudication
A party filing a summary judgment or adjudication motion must reserve a hearing date and time before filing the motion papers, subject to the stated exclusions from the order.
Parties moving for summary judgment/adjudication must reserve a hearing date and time prior to filing any moving papers.
Page 39 | II. Motions for Summary Judgment / Adjudication
A court-provided reporter request for a law and motion hearing is timely if submitted by email, fax, or telephone no later than 4:00 p.m. on the preceding court day.
A request for a court-provided court reporter is timely if it is made at or before 4:00 p.m. on the court day preceding the hearing. The request may be made by e-mail, fax, or telephone to the department holding the hearing.
Page 25 | Rule 2.53(a)(2) Unlimited Civil Cases — Law and Motion Hearings
A request for a court-provided reporter at a case management conference is timely if made at least three calendar days in advance using Local Court Form MC-30.
A request for a court-provided court reporter is timely if it is made three or more calendar days before the case management conference is to be held. The request must be made by filing Local Court Form MC-30.
Page 25 | Rule 2.53(a)(1) Unlimited Civil Cases — Case Management Conferences
For a probate matter, a court-provided reporter request is timely if received by 4:00 p.m. on the preceding court day.
A request for a court-provided court reporter is timely if received by 4:00 p.m. on the court day preceding the hearing.
Page 26 | Rule 2.53(c)(1) Probate Cases — Requests
For an evidentiary hearing or trial, a reporter request is timely when made at scheduling or if Local Court Form MC-30 is filed three calendar days before the hearing.
A request is timely if made at the time an evidentiary hearing or trial is set at a settlement conference or other proceeding, or if Local Court Form MC-30 is filed three calendar days before the matter is set to be heard.
Page 26 | Rule 2.53(b)(3) Family Law Cases — Evidentiary Hearings and Trials
For all other proceedings, a court-provided reporter request is timely if Local Court Form MC-30 is filed at least three calendar days before the proceeding.
A request for a court-provided court reporter is timely if filed on Local Court Form MC-30 at least three calendar days before the scheduled date of the proceeding.
Page 26 | Rule 2.53(a)(5) Unlimited Civil Cases — All Other Proceedings
For a short cause matter, a court-provided reporter request is timely if Local Court Form MC-30 is filed three calendar days before the hearing.
A request is timely if Local Court Form MC-30 is filed three calendar days before the matter is set to be heard.
Page 26 | Rule 2.53(b)(2) Family Law Cases — Short Cause Matters
A person requesting a court-provided reporter for a domestic violence restraining-order matter must file the FW-001 fee-waiver request and Local Court Form MC-30 at least three calendar days before the hearing.
However, should a person filing a request for a Domestic Violence Restraining Order request a court-provided court reporter, that person shall file a Request to Waive Court Fees (FW-001), and a request for a court-provided court reporter (Local Court Form MC-30) at least three calendar days before the matter is set to be heard.
Page 26 | Rule 2.53(b)(4) Family Law Cases — Domestic Violence Restraining Orders
A request for a court-provided reporter at an issue conference is timely if made at least three calendar days in advance using Local Court Form MC-30.
A request for a court-provided court reporter is timely if it is made three or more calendar days before the issue conference is to be held. The request must be made by filing Local Court Form MC-30.
Page 26 | Rule 2.53(a)(3) Unlimited Civil Cases — Issue Conferences
Unless the Court orders otherwise, missing exhibits must be mailed or delivered to the Court within five court days after facsimile transmission of the document for filing.
Unless the Court otherwise orders, the missing exhibits shall be mailed or otherwise delivered to the Court, for filing and attachment to the filed document, not later than five (5) court days following facsimile transmission of the document for filing.
Page 29 | Rule 2.84. Incorporation of Exhibits
A juvenile dependency petition received after 5:00 p.m. is not considered filed until the next business day after receipt.
Petitions received after 5:00 p.m. will not be considered as filed by the Clerk’s office until the next business day following receipt of the facsimile transmission.
Page 30 | Rule 2.86(b)(3). Special rules applicable to Juvenile Dependency filings
A juvenile dependency petition received by the Clerk’s Office by 5:00 p.m. is considered filed on the day received.
Petitions received by the Clerk’s Office by 5:00 p.m. via facsimile transmission will be considered filed as of the day received.
Page 30 | Rule 2.86(b)(3). Special rules applicable to Juvenile Dependency filings
Unless the court orders otherwise upon a showing of good cause, moving papers on shortened time must be filed and personally served at least five calendar days before the hearing, and opposing papers must be filed and served at least two calendar days before it.
Except by order of the Court, upon a showing of good cause, all ex parte applications seeking to set a matter on shortened time shall provide for moving papers to be filed and personally served at least five (5) calendar days and for opposing papers to be filed and served at least two (2) calendar days before the hearing date.
Page 89 | (f) Ex parte applications
Service and Proof of Service Rules
The party seeking ex parte relief must email the assigned department by 10:00 a.m. on the court day before determination.
The party seeking ex parte relief must provide email notification to the assigned department no later than 10:00 am on the court day before the ex parte determination.
Page 38 | I. Civil Ex Parte Motions, Oppositions, and Hearings; C. Notice to Court
The filing party must notify the opposing party or counsel by 10:00 a.m. the day before presentation, absent exceptional circumstances justifying shorter notice, and submit a notice declaration with the application papers.
Notice of the filing of an ex parte application must be provided to the opposing party or their counsel no later than 10:00 a.m. the day before the application will be presented to the Court, absent a showing of exceptional circumstances justifying a shorter notice period, as provided in California Rules of Court, rule 3.1203. A declaration regarding notice must be submitted with the ex parte application papers.
Page 38 | I. Civil Ex Parte Motions, Oppositions, and Hearings; B. Notice to Parties
Oppositions to requested ex parte relief must be submitted to the Clerk's Office and served on the requesting party as soon as possible, but no later than 10:00 a.m.
Oppositions to the ex parte relief requested shall be submitted to the Clerk's Office and served on the party making the request as soon as possible, but not later than 10:00 a.m. on the
Page 38 | I. Civil Ex Parte Motions, Oppositions, and Hearings; E. Opposition to Ex Parte Application
The filing party must serve each motion to seal a grand jury transcript on all parties and the court reporters.
The filing party must serve all Motions to Seal a Grand Jury Transcript on all parties and the court reporter(s).
Page 22 | Rule 2.35. Sealing of Grand Jury Transcript
After the court issues an order sealing a grand jury transcript in whole or in part, the prevailing party must serve the order on all parties and the court reporters.
When an Order is issued by the Court to seal a Grand Jury transcript, in whole or in part, the prevailing party must serve the Order on all parties and the court reporter(s).
Page 22 | Rule 2.35. Sealing of Grand Jury Transcript
Counsel must follow California Rules of Court, Rule 3.110 for pleading service and filing, proofs of service, and notices of default judgment.
(1) Counsel are to be familiar with and follow with particularity the rules set forth in California Rules of Court, Rule 3.110 as to service and filing of pleadings and proofs of service and the notice of default judgments.
Page 44 | Rule 3.7. Service of Summons, Complaint, Cross-Complaint, Responsive Pleadings and Default Judgments
Failure to serve the complaint and file the required proof of service triggers an Order to Show Cause concerning sanctions.
(2) Upon failure to serve the complaint and file a proof of service as required, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with California Rules of Court, Rule 3.110.
Page 44 | Rule 3.7. Service of Summons, Complaint, Cross-Complaint, Responsive Pleadings and Default Judgments
Responsive papers to an Order to Show Cause must be served at least five court days before the hearing.
Responsive papers to the Order to Show Cause must be filed and served no less than five (5) court days in advance of the hearing.
Page 45 | Rule 3.7(3)
When the Summons and Complaint, or a cross-complaint against a new party, is served, the responding party must also receive the First Case Management Conference notice and the applicable ADR case-management stipulation or stipulation and order.
At the time of serving the Summons and Complaint (and a cross-complaint upon a new party), the responding party shall be served with the Notice of the First Case Management Conference and an ADR Case Management Stipulation and Order (Local Court Form CV- 655(b)) for Unlimited Jurisdiction Civil cases, and the ADR Case Management Stipulation.
Page 46 | Rule 3.8(d)
Each appearing party must serve a completed Judicial Council Form CM-110 at least 15 calendar days before the First Case Management Conference.
Each appearing party shall file and serve the completed Case Management Statement, (Judicial Council Form CM-110), at least fifteen (15) calendar days before the First Case Management Conference as provided by California Rules of Court, Rule 3.725.
Page 46 | Rule 3.8(e)
A request to advance the first case management conference must be served on every party who has appeared in the action.
Such requests must be served upon all parties that have appeared in the action.
Page 46 | Rule 3.8(f)(2)
The Issue Conference Statement must be filed with the court and served on all parties at least five court days before the conference.
Parties must file with the court and serve on all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference.
Page 48 | Rule 3.11. Issue Conference — (c) Issue Conference Statement
Objections to motions in limine must be filed and served five calendar days before the conference, with a copy lodged in the assigned department's chambers.
Any objections to motions in limine must be filed and served five (5) calendar days before the conference, with a copy lodged with the chambers of the department to which the case is assigned.
Page 48 | Rule 3.11. Issue Conference — (b) Motions in limine
Written motions in limine must be filed and served at least 10 calendar days before the Issue Conference.
All motions in limine must be in writing and are to be filed and served at least ten (10) calendar days before the conference.
Page 48 | Rule 3.11. Issue Conference — (b) Motions in limine
When an heir’s or beneficiary’s address is unknown, a declaration detailing the search efforts is required before notice may be excused or an alternative notice prescribed.
If the address of an heir or beneficiary is unknown, the Court requires a declaration stating specifically what efforts were made to locate such heir or beneficiary before the Court will dispense with notice or prescribe an alternate form of notice.
Page 157 | Rule 7.152. Notice
Filing Fees and Waivers
A defendant pleading guilty within the 60 calendar days before the scheduled hearing must pay a nonrefundable $30 administration fee and the imposed fines and fees within 60 days.
If the Defendant would like to plead guilty to the citation during the sixty (60) calendar days before the scheduled court hearing, the defendant will be referred to the court’s selected third party collection agency. The defendant must pay a $30 non-refundable administration fee, and must pay imposed fines and fees within sixty (60) days.
Page 94 | Rule 4.80. Enhanced Court Collections Program — Collection fee when defendant pleads guilty before Failure to Appear
A defendant who needs more than 60 days to pay must pay an additional nonrefundable $20 accounts receivable fee.
Should the defendant require longer than sixty (60) days to pay, they must pay an additional $20 non-refundable accounts receivable fee.
Page 94 | Rule 4.80. Enhanced Court Collections Program — Collection fee when defendant pleads guilty before Failure to Appear
Except for DVPA restraining-order applications, every application must include the appropriate filing fee or fee waiver, the original, and two copies.
With the exception of applications for restraining orders filed under the Domestic Violence Prevention Act (DVPA), all applications must be submitted with the appropriate fee or fee waiver, and the original and two (2) copies of the application.
Page 98 | Rule 5.2(a)(Application)
Every written continuance request must include payment of the applicable fee or a fee waiver.
Each written request for a continuance must be accompanied by payment of the applicable fee or a fee waiver.
Page 100 | Rule 5.4. Hearings — (e) Continuances (2)
Prior court approval is also required when an attorney for a specified fiduciary represents that fiduciary in another civil action.
The requirement of prior court approval applies to any attorney for any of the specified fiduciaries who is representing the fiduciary in any other civil action.
Page 141 | Rule 7.61. Court Ordered Fees for Fiduciaries and Attorneys
An attorney representing a fiduciary or protected person must obtain prior court approval before requesting or accepting estate compensation, although payments from trusts or other persons do not require prior approval.
No attorney for a guardian, guardian ad litem, minor, conservator, conservatee or personal representative shall request or accept any compensation from the estate (whether or not subject to court supervision) of the ward, incapacitated person, conservatee or decedent’s estate without prior court order. This does not require prior court approval of payments received from trusts or other persons.
Page 141 | Rule 7.61. Court Ordered Fees for Fiduciaries and Attorneys
A nonrefundable $150 jury fee is due by the initial case-management conference or another statutory time, and deposited fees are refundable only after the required notice at least two court days before trial or by court order.
Jury fees shall be deposited and may be refunded as provided in Code of Civil Procedure Sections 631 and 631.3. A nonrefundable jury fee of $150.00 is due on or before the date scheduled for the initial case management conference in the action or at such other time as permitted by statute. No refund of the jury fees deposited shall be made unless the party making the deposit has given the Jury Commissioner written notice of settlement, of the granting of a motion for continuance, or of the waiving of a jury, at least two (2) court days before the date set for trial, or by Order of Court.
Page 54 | Rule 3.12. Jury Fees
Except for DVPA restraining-order applications, applications must be submitted with the appropriate filing fee or fee waiver and include the original plus two copies.
With the exception of applications for restraining orders filed under the Domestic Violence Prevention Act (DVPA), all applications must be submitted with the appropriate fee or fee waiver, and the original and two (2) copies of the application.
Page 106 | Rule 5.2(a)
Each written continuance request must include payment of the applicable fee or a fee waiver.
(2) Each written request for a continuance shall be accompanied by payment of the applicable fee or a fee waiver.
Page 107 | Rule 5.4. Hearings
A nonrefundable jury fee of $150.00 is due by the initial case management conference date or at another time permitted by statute.
A nonrefundable jury fee of $150.00 is due on or before the date scheduled for the initial case management conference in the action or at such other time as permitted by statute.
Page 52 | Rule 3.12 Jury Fees
Except for DVPA restraining-order applications, every application must include the appropriate filing fee or fee waiver and an original plus two copies.
With the exception of applications for restraining orders filed under the Domestic Violence Prevention Act (DVPA), all applications must be submitted with the appropriate fee or fee waiver, and the original and two (2) copies of the application.
Page 96 | Rule 5.2(a) — Obtaining Temporary Restraining Orders / Ex Parte Orders
A defendant pleading guilty during the 60 days before the hearing must pay a $30 nonrefundable administration fee and pay all imposed fines and fees within 60 days.
The defendant must pay a $30 non-refundable administration fee, and must pay imposed fines and fees within sixty (60) days.
Page 98 | Rule 4.80(a) Collection fee when defendant pleads guilty before Failure to Appear
If the defendant needs more than 60 days to pay, an additional $20 nonrefundable accounts-receivable fee is required.
Should the defendant require longer than sixty (60) days to pay, they must pay an additional $20 non-refundable accounts receivable fee.
Page 98 | Rule 4.80(a) Collection fee when defendant pleads guilty before Failure to Appear
Each written continuance request must include payment of the applicable fee or a fee waiver.
Each written request for a continuance must be accompanied by payment of the applicable fee or a fee waiver.
Page 104 | Rule 5.4(e)(2)
Jury fees must be deposited and may be refunded only as provided by Code of Civil Procedure sections 631 and 631.3.
Jury fees shall be deposited and may be refunded as provided in Code of Civil Procedure Sections 631 and 631.3.
Page 47 | Rule 3.12. Jury Fees
Courtesy Copy Requirements
A copy of any timely objection to a motion in limine must be lodged with the chambers of the department assigned to the case.
Any objections to motions in limine must be filed and served five (5) calendar days before the conference, with a copy lodged with the chambers of the department to which the case is assigned.
Page 48 | Rule 3.11. Issue Conference — (b) Motions in limine
When an account, report, or petition requiring Probate Court Investigator review is filed, one extra copy of the pleading and related pleadings must be given to the legal process clerk at filing.
When an account, report or petition is filed as to which an investigation and/or report by the Probate Court Investigator is required, an extra copy of that pleading along with any other pleadings filed in relation to the matter shall be given to the legal process clerk at the time of filing.
Page 164 | Rule 7.420. Copies for Court Investigator
Courtesy copies of requests or oppositions for remote appearances in civil evidentiary hearings, settlement conferences, and trials must be filed with the department.
Courtesy copies of any requests or oppositions shall be filed with the department.
Page 43 | Rule 2.180(d)
A copy of the resulting writ order must be delivered both to the hearing department and to the Research Attorney’s Office.
(C) A copy of the resulting order concerning the writ is to be delivered to the department in which the writ will be heard as well as to the Research Attorney’s Office.
Page 63 | Rule 3.46(5)(C)
One courtesy copy of the stipulation must be provided to the department hearing the matter at least three days before the hearing.
Any stipulation to vacate or continue a hearing shall be filed with the Court, with a courtesy copy provided to the department hearing the matter, at least 3 days before the hearing.
Page 111 | Rule 5.4(m)
A stipulation to vacate or continue a trial must be filed with the court and a courtesy copy provided to the hearing department at least five days before trial.
Any stipulation to vacate or continue a trial shall be filed with the Court, with a courtesy copy provided to the department hearing the matter, at least 5 days before the trial.
Page 118 | Rule 5.9(g) Removing Matter from Calendar
When an account, report, or petition requiring a Probate Court Investigator report is filed, one extra copy of that pleading and all related pleadings must be given to the legal process clerk at filing for routing to the Court Investigator, subject to the stated exceptions.
When an account, report or petition is filed as to which an investigation and/or report by the Probate Court Investigator is required, an extra copy of that pleading along with any other pleadings filed in relation to the matter shall be given to the legal process clerk at the time of filing. It is then to be routed to the Court Investigator. This includes (a) any petition for appointment of guardian or conservator, (b) any petition for appointment of temporary guardian or conservator, (c) any accounting except when the guardianship or conservatorship has terminated; and, (d) any petition for medical consent authority.
Page 168 | Rule 7.420(a). Copies for Court Investigator — Extra copy of pleadings
If the Court requires an investigator report after filing or the required extra copy was omitted, the petitioner must furnish copies of all related pleadings to the Court Investigator’s office by delivery or transmission.
If the Court requires a report from the Court Investigator after a pleading is filed, or if the extra copy required under this provision was inadvertently not given to the legal process clerk, then copies of all related pleadings, including the petition, accounting, orders, letters, inventory and appraisals, etc., shall be furnished by the petitioner by delivery or transmission to the Court Investigator’s office.
Page 168 | Rule 7.420(b). Copies for Court Investigator — Petitioner to provide copies of pleadings to Court Investigator’s office
A copy of each timely objection to a motion in limine must be lodged with the assigned department's chambers.
Any objections to motions in limine must be filed and served five (5) calendar days before the conference, with a copy lodged with the chambers of the department to which the case is assigned.
Page 53 | Rule 3.11(b) Motions in limine
A stipulation to vacate or continue a hearing must be filed with the court, with a courtesy copy provided to the hearing department, at least three days before the hearing.
Any stipulation to vacate or continue a hearing shall be filed with the Court, with a courtesy copy provided to the department hearing the matter, at least 3 days before the hearing.
Page 110 | Rule 5.4(m)
One courtesy copy of a stipulation to vacate or continue a trial must be provided to the hearing department at least five days before trial.
Any stipulation to vacate or continue a trial shall be filed with the Court, with a courtesy copy provided to the department hearing the matter, at least 5 days before the trial.
Page 117 | Rule 5.9. (g) Removing Matter from Calendar
Courtesy copies of remote-appearance requests or oppositions must be filed with the department handling the hearing.
Courtesy copies of any requests or oppositions shall be filed with the department.
Page 43 | (d) Civil Evidentiary Hearings, Settlement Conferences, and Trials
A stipulation to vacate or continue a hearing must be filed at least three days before the hearing, with one courtesy copy provided to the hearing department.
Any stipulation to vacate or continue a hearing shall be filed with the Court, with a courtesy copy provided to the department hearing the matter, at least 3 days before the hearing.
Courtesy copies of remote-appearance requests or oppositions must be filed with the court department.
(3) Courtesy copies of any requests or oppositions shall be filed with the department.
Page 46 | (d) Civil Evidentiary Hearings, Settlement Conferences, and Trials
For specified filings requiring a Probate Court Investigator report, an extra copy of the pleading and related pleadings must be given to the legal process clerk at filing and routed to the investigator; the rule applies to guardianship or conservator appointment petitions, temporary appointment petitions, accountings subject to the stated exception, and medical-consent-authority petitions.
When an account, report or petition is filed as to which an investigation and/or report by the Probate Court Investigator is required, an extra copy of that pleading along with any other pleadings filed in relation to the matter shall be given to the legal process clerk at the time of filing. It is then to be routed to the Court Investigator. This includes (a) any petition for appointment of guardian or conservator, (b) any petition for appointment of temporary guardian or conservator, (c) any accounting except when the guardianship or conservatorship has terminated; and, (d) any petition for medical consent authority.
Page 164 | Rule 7.420(a). Copies for Court Investigator
Sealing & Redaction Procedures
Petitions and related documents filed under the specified Penal Code provisions may be submitted under seal in an envelope marked “Confidential” because they contain sensitive personal and mental-health information.
the Court hereby orders that all petitions and related documents filed pursuant to Penal Code §§ 1370(a)(2)(D)(ii), 2603(c), or 2603(d) may be filed under seal and in an envelope marked “Confidential.”
Page 24 | STANDING ORDER - DEPARTMENT 13
PC 987 Funding Orders must be coded as sealed, with access limited to judges and managers.
Any such documents shall be coded as "Sealed, "i.e., access shall be limited to Judges and Managers.
Page 26 | STANDING ORDER RE: PC 987 FUNDING ORDERS
A motion to seal a grand jury transcript must be served on all parties and the court reporters, and the sealing order must then be served on those same recipients.
Rule 2.35. Sealing of Grand Jury Transcript The filing party must serve all Motions to Seal a Grand Jury Transcript on all parties and the court reporter(s). When an Order is issued by the Court to seal a Grand Jury transcript, in whole or in part, the prevailing party must serve the Order on all parties and the court reporter(s).
Page 22 | Rule 2.35. Sealing of Grand Jury Transcript
Certain documents must be placed in the confidential portion of the court file and may not be disclosed except as permitted by law.
Certain documents are required to be kept confidential. They shall be placed in the confidential portion of the court file and may not be disclosed to anyone except in accordance with law.
Page 111 | Rule 5.13. Confidentiality — (a) Placement of confidential documents
A party must redact a social security number from a document before filing it with the court or marking it as an exhibit.
If any document filed with the Court or offered as evidence contains a social security number, that number shall be redacted by the party offering the document before it is filed with the Court or marked as an exhibit.
Page 112 | Rule 5.13. Confidentiality — (c) Confidentiality of social security number
Substance abuse assessment reports must be placed in the confidential portion of the court file.
Substance abuse assessment reports shall be placed in the confidential portion of the court file.
Page 112 | Rule 5.13. Confidentiality — (b) Substance abuse assessment reports
Medically verified HIV/AIDS information must be reported only in a confidential memorandum attached to the court's Probation Report, and the memorandum must remain permanently sealed.
Medically verified information that a juvenile or a defendant has AIDS, or AIDS-related diseases or is HIV positive, when reported to the Court, shall be reported in a confidential memorandum, attached only to the Court's copy of the Probation Report. These memoranda will remain confidential, and will be kept permanently sealed.
Page 133 | Rule 5.70. Probation Reports Reporting Confirmed Information on AIDS and AIDS-Related Diseases
After the court issues an order sealing a grand jury transcript in whole or in part, the prevailing party must serve the order on all parties and the court reporters.
When an Order is issued by the Court to seal a Grand Jury transcript, in whole or in part, the prevailing party must serve the Order on all parties and the court reporter(s).
Page 25 | Rule 2.35. Sealing of Grand Jury Transcript
The filing party must serve every motion to seal a grand jury transcript on all parties and the court reporters.
The filing party must serve all Motions to Seal a Grand Jury Transcript on all parties and the court reporter(s).
Page 25 | Rule 2.35. Sealing of Grand Jury Transcript
Parties and counsel must redact personally identifiable, confidential, or privileged information from electronically filed documents when required, except documents filed entirely confidentially or under seal; the Clerk does not review compliance, and violations may result in sanctions.
Rule 1.201 of the California Rules of Court applies to redaction of electronically-filed documents other than documents which are filed in their entirety either confidentially or under seal. Parties and their counsel are solely responsible for redacting personally- identifiable, confidential, or privileged information from documents filed electronically where redaction is required. The Clerk will not review electronically-filed documents for compliance with redaction requirements of any kind. The Court may impose sanctions for violations of this rule.
Page 33 | (f) Parties Responsible for Redaction
A party must redact a social security number before filing the document with the court or marking it as an exhibit.
If any document filed with the Court or offered as evidence contains a social security number, that number shall be redacted by the party offering the document before it is filed with the Court or marked as an exhibit.
Page 121 | Rule 5.13. Confidentiality(c) Confidentiality of social security number
Substance abuse assessment reports must be placed in the confidential portion of the court file.
Substance abuse assessment reports shall be placed in the confidential portion of the court file.
Page 121 | Rule 5.13. Confidentiality(b) Substance abuse assessment reports
Certain documents must be kept confidential in the confidential portion of the court file and may not be disclosed except as permitted by law.
Certain documents are required to be kept confidential. They shall be placed in the confidential portion of the court file and may not be disclosed to anyone except in accordance with law.
Page 121 | Rule 5.13. Confidentiality(a) Placement of confidential documents
Access to the report and its information is limited to specified participants and court personnel unless the court orders otherwise.
Persons entitled to access the report and the information contained in the report are limited to the parties, their attorneys, federal or state law enforcement, judicial officers, necessary court employees, and minor’s counsel, except upon order of the Court.
Page 127 | Family Court Services Reports and Recommendations
Parties and counsel must personally redact personally identifiable, confidential, and privileged information from electronically filed documents when redaction is required.
Parties and their counsel are solely responsible for redacting personally-identifiable, confidential, or privileged information from documents filed electronically where redaction is required.
Page 34 | Rule 2.87(f), Parties Responsible for Redaction
Filing Bundling Requirements
Supporting affidavits, declarations, memoranda of points and authorities, and similar documents must be attached to the notice of motion, order to show cause, or other moving papers when filed.
All supporting affidavits, declarations, memoranda of points and authorities, and similar documents shall be attached to the notice of motion, or order to show cause, or other moving papers, when filed.
Page 63 | Rule 3.52(d) Papers on file
Supporting affidavits, declarations, memoranda of points and authorities, and similar documents must be attached to the moving papers when filed.
All supporting affidavits, declarations, memoranda of points and authorities, and similar documents shall be attached to the notice of motion, or order to show cause, or other moving papers, when filed.
Page 65 | Rule 3.51(d) Papers on file
An order shortening time may be filed only if the underlying motion was filed previously or is filed simultaneously.
Orders to Shorten Time will be filed only when the motion has been previously filed or is simultaneously filed.
Page 61 | Rule 3.47. Civil Ex Parte Orders
An order shortening time will be filed and calendared only if the motion was filed previously or simultaneously, with compliance directed by the signed order.
Orders to Shorten Time will be filed and calendared for hearing only when the motion has been previously filed or is simultaneously filed (see signed order for compliance).
Page 62 | Rule 3.47(1)(A)
Supporting affidavits, declarations, memoranda, and similar documents must be attached to the moving papers when filed.
All supporting affidavits, declarations, memoranda of points and authorities, and similar documents shall be attached to the notice of motion, or order to show cause, or other moving papers, when filed.
Page 67 | Rule 3.52(d) — Papers on file
Supporting affidavits, declarations, memoranda, and similar documents must be attached to the moving papers when filed.
All supporting affidavits, declarations, memoranda of points and authorities, and similar documents shall be attached to the notice of motion, or order to show cause, or other moving papers, when filed.
Page 60 | Rule 3.52(d) Papers on file
Supporting affidavits, declarations, memoranda of points and authorities, and similar documents must be attached to the moving papers when filed.
All supporting affidavits, declarations, memoranda of points and authorities, and similar documents shall be attached to the notice of motion, or order to show cause, or other moving papers, when filed.
Page 64 | Rule 3.51(d) Papers on file
Supporting affidavits, declarations, memoranda, authorities, and similar documents must be attached to the moving papers when filed.
All supporting affidavits, declarations, memoranda of points and authorities, and similar documents shall be attached to the notice of motion, or order to show cause, or other moving papers, when filed.
Page 62 | Rule 3.52(d). Papers on file
Supporting affidavits, declarations, memoranda of points and authorities, and similar documents must be attached to the notice of motion, order to show cause, or other moving papers when filed.
All supporting affidavits, declarations, memoranda of points and authorities, and similar documents shall be attached to the notice of motion, or order to show cause, or other moving papers, when filed.
Page 65 | Rule 3.52(d) Papers on file
A family-allowance petition filed before the Inventory and Appraisal ordinarily may be presented ex parte.
A petition for family allowance, if made before the filing of the Inventory and Appraisal ordinarily may be presented ex parte.
Page 156 | Rule 7.105(b). Notice requirement for petitions for family allowance
Filing fiduciary and attorney fee petitions for decision with the related accountings is encouraged, although separate filing is permitted.
The Court prefers to determine the amount of fees for fiduciaries and their attorneys (and if possible, for other attorneys who need prior approval for payment in the case) at the time the fiduciary’s accounts are reviewed.
Page 151 | Rule 7.65. Coordination of Fee Petitions with Accountings
The Discovery Facilitator determines whether briefing is required, its format, and its service schedule.
The Discovery Facilitator has the discretion to determine the format of briefing required or whether any briefing will be required, and the schedule for service of such briefing.
Page 86 | (d) Hearing of discovery dispute (2)
The Court prefers to determine fiduciary and related attorney fees when it reviews the fiduciary’s accountings rather than through separate fee petitions.
Although the Probate Code does not prohibit fee petitions from being filed separately from accountings, the Court prefers to determine the amount of fees for fiduciaries and their attorneys (and if possible, for other attorneys who need prior approval for payment in the case) at the time the fiduciary’s accounts are reviewed.
Page 150 | Rule 7.65. Coordination of Fee Petitions with Accountings
Rule 7.65 does not apply to trust administrations that do not require court-approved accountings.
This rule does not apply to trust administrations where court-approved accountings are not required.
Page 150 | Rule 7.65(d). Trust administrations
Parties are encouraged, but not required, to submit proposed orders with their moving or responsive papers; the court may also consider an order prepared in court immediately after the hearing.
The Court may consider signing, at the time of hearing, proposed orders attached to the moving or responsive papers or those orders prepared by either party in court immediately following the hearing. Parties are therefore encouraged to submit proposed orders with their moving or responsive papers.
Page 112 | Rule 5.10. Preparation and Presentation of Orders (a) Proposed orders entered at hearing
Pre-Motion Conference Requirements
An ex parte application to shorten time must include the proposed moving papers and may not be filed unless the underlying motion was filed previously or simultaneously.
Ex Parte applications for Orders to Shorten Time will be considered only when accompanied by the proposed moving papers. Orders to Shorten Time will be filed only when the motion has been previously filed or is simultaneously filed.
Page 53 | Rule 3.47. Civil Ex Parte Orders
Proposed moving papers generally must accompany an ex parte application to shorten time unless the court orders otherwise, and the order may be filed and calendared only after or with the motion.
Ex Parte Applications for Orders to Shorten Time will be considered only when accompanied by the proposed moving papers, unless, in its discretion, the Court otherwise orders. Orders to Shorten Time will be filed and calendared for hearing only when the motion has been previously filed or is simultaneously filed (see signed order for compliance).
Page 53 | Rule 3.47(1)(A)
Before filing a motion to compel discovery, parties in the listed Civil and Probate Departments must participate in the Discovery Facilitator Program unless an exemption applies or the Court orders otherwise.
In an attempt to avoid protracted, costly and unnecessary discovery disputes, Civil and Probate Departments listed on the Court’s website require parties to participate in the Discovery Facilitator Program (“Program”) before filing all motions in Court to compel discovery, except as set forth below, or unless the Court specifically orders otherwise. This includes motions pursuant to CCP Section 1987.1.
Page 77 | Rule 3.300. Discovery Facilitator program
Unless exempt, a party seeking to file a discovery motion must first serve the ADR-610 facilitator-assignment request on the court’s ADR Office by fax or email.
Unless exempt as set forth above, any party wishing to file a Discovery Motion, must first serve a Request for Assignment of Discovery Facilitator (Local Court Form ADR-610) by fax or email to the Alternative Dispute Resolution (ADR) Office of the Contra Costa County Superior Court, Fax 925-608-2109; email: ADRdiscoveryfacilitator@contracosta.courts.ca.gov
Page 78 | Rule 3.301. Discovery Motions and the Discovery Facilitator Program
For writs of mandate other than those naming the Department of Motor Vehicles, the filing party must provide the petition and proposed order to the assigned department and obtain a status conference establishing the hearing date and briefing schedule.
(5)(2) (B) Status Conference and Briefing Schedules for Writs of Mandate. The following rule applies to all writs of mandate except those in which the Department of Motor Vehicles is named as respondent. After the Petition is filed in the Clerk’s Office and a department is assigned, the filing party shall take a copy of the petition along with a proposed order to the assigned department during ex parte hours. Following filing of the petition, the filing party shall submit an ex parte application to set a briefing schedule. A status conference for the establishment of a hearing date and briefing schedule for writs of mandate will be set by the assigned judge during the designated ex parte hours.
Page 63 | Rule 3.46(5)(B) Status Conference and Briefing Schedules for Writs of Mandate
A party asserting a work-product or privilege exception under Penal Code Section 1054.6, or a discovery exception based on good cause under Penal Code Section 1054.7, must proceed by noticed motion heard before the first readiness conference.
Any party asserting a work product or other privilege exception pursuant to Penal Code Section 1054.6 or asserting a discovery exception based upon a showing of good cause pursuant to Penal Code Section 1054.7 shall proceed by noticed motion which shall be heard before the first readiness conference.
Page 93 | Rule 4.2. Discovery
All juvenile motions must be written, be heard before jeopardy attaches, and ordinarily be set at least five court days after notice unless the court orders otherwise; the moving party must clear the hearing date with the juvenile-court clerk before filing.
Except as provided by law, all motions shall be in writing, shall be heard before the attachment of jeopardy and shall be heard five (5) or more court days after notice unless the Court orders otherwise. The moving party shall clear the hearing date with the clerk of the juvenile court before filing any such motion.
Page 137 | Rule 5.53(a) Presentation of motions
Civil and Probate Department parties must participate in the Discovery Facilitator Program before filing discovery-to-compel motions, unless the Court orders otherwise.
In an attempt to avoid protracted, costly and unnecessary discovery disputes, Civil and Probate Departments listed on the Court’s website require parties to participate in the Discovery Facilitator Program (“Program”) before filing all motions in Court to compel discovery, except as set forth below, or unless the Court specifically orders otherwise. This includes motions pursuant to CCP Section 1987.1.
Page 75 | Rule 3.300. Discovery Facilitator Program
Except in domestic-violence cases, parties must meet before a Request for Order hearing to discuss all issues, attempt settlement in good faith, and exchange relevant hearing materials.
Except in cases involving domestic violence, and consistent with the California Rules of Court, BEFORE the date of the hearing relating to a Request for Order (Judicial Council Form FL-300), parties shall meet to discuss all issues raised and make a good faith attempt to settle all issues and exchange all relevant documents and information that will be presented at the hearing.
Page 107 | Rule 5.4(a) Duty to meet and confer
The listed pretrial motions must be filed and heard before trial.
(1) The following motions shall be filed and heard before trial:
Page 87 | Rule 4.1. Motions — (b) Pre-trial motions
Except in domestic-violence cases, parties must meet before the Request for Order hearing, discuss all issues, attempt settlement in good faith, and exchange hearing materials.
Except in cases involving domestic violence, and consistent with the California Rules of Court, BEFORE the date of the hearing relating to a Request for Order (Judicial Council Form FL-300), parties shall meet to discuss all issues raised and make a good faith attempt to settle all issues and exchange all relevant documents and information that will be presented at the hearing.
Page 104 | Rule 5.4. Hearings — (a) Duty to meet and confer
Parties in the listed Civil and Probate Departments must participate in the Discovery Facilitator Program before filing a motion to compel discovery or a discovery-related protective order, including a motion under CCP Section 1987.1, unless the Court orders otherwise or another stated exception applies.
In an attempt to avoid protracted, costly and unnecessary discovery disputes, Civil and Probate Departments listed on the Court’s website require parties to participate in the Discovery Facilitator Program (“Program”) before filing all motions in Court to compel discovery or motions for a discovery-related protective order, except as set forth below, or unless the Court specifically orders otherwise. This includes motions pursuant to CCP Section 1987.1.
Page 83 | Rule 3.300. Discovery Facilitator Program
Before filing a nonexempt discovery motion, a party must first serve the ADR Office with Local Court Form ADR-610 by fax or email.
Unless exempt as set forth above, any party wishing to file a Discovery Motion, must first serve a Request for Assignment of Discovery Facilitator (Local Court Form ADR-610) by fax or email to the Alternative Dispute Resolution (ADR) Office of the Contra Costa County Superior Court, fax 925-608-2109; email: ADRdiscoveryfacilitator@contracosta.courts.ca.gov.
Page 84 | Rule 3.301(a)(1) Mandatory referral to Discovery Facilitator Program
Except in domestic-violence cases, parties must meet before the FL-300 hearing, discuss all issues, attempt settlement in good faith, and exchange hearing-related documents and information.
Except in cases involving domestic violence, and consistent with the California Rules of Court, BEFORE the date of the hearing relating to a Request for Order (Judicial Council Form FL-300), parties shall meet to discuss all issues raised and make a good faith attempt to settle all issues and exchange all relevant documents and information that will be presented at the hearing.
Page 107 | Rule 5.4(a) Duty to meet and confer
Juvenile motions must be in writing, be heard before jeopardy, and ordinarily be heard at least five court days after notice unless the Court orders otherwise; the moving party must clear the hearing date with the juvenile court clerk before filing.
Except as provided by law, all motions shall be in writing, shall be heard before the attachment of jeopardy and shall be heard five (5) or more court days after notice unless the Court orders otherwise. The moving party shall clear the hearing date with the clerk of the juvenile court before filing any such motion.
Page 135 | Rule 5.53(a) Presentation of motions
Adjournment & Extension Requirements
Unless permitted by statute or the California Rules of Court, parties may extend stated response or answer times only with court approval requested before the final response or answer day.
Except as allowed by statute or California Rules of Court, the parties may not extend the stated times in the absence of an approval by the Court. Such a request must be made before the final day to respond or answer.
Page 53 | Rule 3.46
A continuance request for a Law and Motion matter may be made by written motion or stipulation, and the moving papers must be filed and submitted by noon on the court day before the hearing.
Requests for continuance of Law and Motion matters may be by written motion or stipulation. Moving papers must be filed and submitted by 12:00 noon of the court day before the scheduled hearing.
Page 54 | Rule 3.49. Continuances
The discovery-dispute hearing must occur within 30 calendar days after assignment confirmation, unless the parties extend the deadline by written stipulation or the Facilitator extends it for qualifying good cause.
The Discovery Facilitator shall hold a hearing on the discovery dispute no later than thirty (30) days after confirmation of the assignment of the Discovery Facilitator. Parties may stipulate in writing to extend the 30 day deadline or it may be extended by the Facilitator for good cause that supersedes the policy of the Program for expedited resolution.
Page 76 | (d) Hearing of discovery dispute — (1)
Failure to appear may result in removal from calendar, but an unavoidable schedule conflict may avoid that result if the attorney calls the Court, notifies opposing counsel before the hearing, and reports the conflict.
A failure of the moving party to appear when the matter is called may, in the Court's discretion, cause the matter to be ordered off calendar. In the event of an unavoidable schedule conflict, the attorney with the conflict can avoid having the matter dropped by calling the Court and also notifying opposing counsel before the scheduled hearing and reporting the conflict.
Page 85 | Rule 4.1(d)(1)
Relief from bail forfeiture without the defendant's personal appearance requires a timely written motion by the bail agent or surety stating specific grounds and providing at least 10 calendar days' notice to the District Attorney and County Counsel; a qualifying temporary-disability motion tolls the 180-day period, and frivolous motions may be sanctioned.
Relief from bail forfeiture without the personal appearance of the defendant will be considered only upon a timely written motion by the bail agent or surety, stating the specific grounds upon which relief is sought, with not less than ten (10) calendar days’ notice to both the District Attorney and the County Counsel. A motion for exoneration of forfeited bail will be treated as a motion for a tolling of the 180-day period if the grounds asserted are those of temporary disability, as described in Penal Code Section 1305(e). Repetitive, groundless or otherwise frivolous motions may result in the imposition of sanctions.
Page 85 | Rule 4.6(b)(3)
No matter will be continued, even by stipulation, without Court approval for good cause, and compliance with Penal Code Section 1050 is required unless excused.
No matters will be continued, even by stipulation of the parties, except with the approval of the Court for good cause shown. Compliance with Penal Code Section 1050 is required unless excused by the Court.
Page 86 | Rule 4.1(d)(3)
A duly filed motion may be dropped from calendar no later than 48 hours before its appearance date if opposing counsel and the Court are notified.
A motion that has been duly filed may be dropped from calendar up to forty-eight (48) hours before the appearance date by notifying opposing counsel and the 2019 Local Court
Page 86 | Rule 4.1(d)(2)
An ex parte application to shorten or extend time must be presented in the assigned Criminal Department with at least 24 hours’ notice and a supporting declaration describing the opposing party’s agreement or the reasons the order should issue.
(1) All ex parte applications for orders shortening or extending time shall be presented in the Criminal Department to which the motion has or will be assigned, with at least twenty-four (24) hours’ notice to the opposing party or counsel. Such applications shall include a written or oral supporting declaration, stating whether that party has been contacted and has agreed to the requested order or why the ex parte order should be issued.
Page 87 | (f) Ex parte applications
A continuance request must be submitted by ex parte application, written agreement, or stipulation.
A request for a continuance shall be made by ex parte application, written agreement or by stipulation
Page 100 | Rule 5.4. Hearings — (e) Continuances (3)
Continuance requests must be in writing unless the bench officer hearing the case authorizes an exception.
All requests for continuances shall be in writing, except as may be authorized by the bench officer hearing the case.
Page 100 | Rule 5.4. Hearings — (e) Continuances (1)
A trial continuance may be granted only by the bench officer who will try the case, and any continuance motion must be timely and based on good cause.
Trials may only be continued by the bench officer who will try the case. Any motion for a continuance shall be made in a timely manner, and for good cause.
Page 108 | Rule 5.9. Trials — (c) Continuances
A motion to continue a jurisdiction hearing must be made and heard at least two court days before the hearing.
A motion to continue the jurisdiction hearing in any proceeding shall be made and heard no less than two (2) court days before the jurisdiction hearing,
Page 126 | Rule 5.53(b). Motion to continue the jurisdiction hearings
Notice of a motion to continue a jurisdiction hearing must be served on the opposing party at least five court days before the hearing.
A motion to continue the jurisdiction hearing in any proceeding shall be made and heard no less than two (2) court days before the jurisdiction hearing, after service of notice on the opposing party at least five (5) court days before the jurisdiction hearing.
Page 126 | Rule 5.53(b). Motion to continue the jurisdiction hearings
After the first hearing, the matter may be dismissed unless the petitioner demonstrates good cause by filed declaration or appearance at the hearing, and a continuance may not be obtained by asking the clerk.
After the first hearing, the matter may be dismissed unless the petitioner shows good cause for a further continuance, by a filed declaration or an appearance at the hearing. Continuances following the first hearing may not be secured by requesting a continuance from the clerk.
Page 139 | Rule 7.56(b). Continuances to Cure Defective Pleadings or Procedures—Continuance or dismissal of matter
An untimely motion to continue may result in sanctions unless the moving party shows good cause for the untimeliness.
Failure to file a motion to continue within the time frame specified in this rule, absent a showing of good cause resulting in the untimely filing of the motion, may result in the imposition of sanctions.
Page 133 | Rule 5.53(b) Motion to continue the jurisdiction hearings
Chambers Communication Rules
Before fax-filing an initial juvenile dependency petition, the petitioner must telephone the Juvenile Department clerk and notify the appropriate staff that the petition is being faxed.
Before filing the initial Dependency petition via facsimile, the petitioner shall contact the Clerk of Court Juvenile Department by telephone to inform the appropriate Clerk’s Office staff that a juvenile dependency petition is being transmitted via facsimile.
Page 30 | Rule 2.86(b)(2). Special rules applicable to Juvenile Dependency filings
To avoid adoption of the tentative ruling as the Court's ruling, counsel or a self-represented party must call by 4:00 p.m. on the preceding court day, request argument, and identify the issues to be argued.
The tentative ruling will become the Court's ruling unless by 4:00 p.m. of the court day preceding the hearing, counsel or self-represented parties call the department rendering the decision to request argument and to specify what issues are to be argued.
Page 56 | Rule 3.43. Tentative Ruling
Counsel whose matter is set on a Double Pro Per day must contact the department clerk before the hearing date to obtain a continuance.
If counsel enters a case after a hearing is set on a Double Pro Per day or otherwise finds their matter is set on Double Pro Per day, counsel shall contact the department clerk to obtain a continuance before the scheduled hearing date.
Page 110 | Rule 5.4(i)
Before faxing an initial juvenile dependency petition, the petitioner must telephone the Juvenile Department clerk and notify the appropriate clerk's office staff.
Before filing the initial Dependency petition via facsimile, the petitioner shall contact the Clerk of Court Juvenile Department by telephone to inform the appropriate Clerk’s Office staff that a juvenile dependency petition is being transmitted via facsimile.
Page 32 | Rule 2.86(b)(2)
Counsel whose matter is set on a Double Pro Per day must contact the department clerk before the scheduled hearing date to obtain a continuance.
If counsel enters a case after a hearing is set on a Double Pro Per day or otherwise finds their matter is set on Double Pro Per day, counsel shall contact the department clerk to obtain a continuance before the scheduled hearing date.
Page 106 | Rule 5.4(i) Double Pro Per Hearing Days
Before fax-filing an initial juvenile dependency petition, the petitioner must telephone the Clerk of Court Juvenile Department to provide notice of the facsimile transmission.
Before filing the initial Dependency petition via facsimile, the petitioner shall contact the Clerk of Court Juvenile Department by telephone to inform the appropriate Clerk’s Office staff that a juvenile dependency petition is being transmitted via facsimile.
Page 32 | Rule 2.86(b)(2). Special Rules Applicable to Juvenile Dependency Filings
Before faxing an initial juvenile dependency petition, the petitioner must telephone the Juvenile Department Clerk’s Office to notify the appropriate staff that the petition is being faxed.
Before filing the initial Dependency petition via facsimile, the petitioner shall contact the Clerk of Court Juvenile Department by telephone to inform the appropriate Clerk’s Office staff that a juvenile dependency petition is being transmitted via facsimile.
Page 27 | Rule 2.86(b)(2)
Before faxing an initial juvenile dependency petition, the petitioner must telephone the Juvenile Department clerk and provide advance notice of the transmission.
Before filing the initial Dependency petition via facsimile, the petitioner shall contact the Clerk of Court Juvenile Department by telephone to inform the appropriate Clerk’s Office staff that a juvenile dependency petition is being transmitted via facsimile.
Page 31 | Rule 2.86. Pilot Project - Limited Facsimile Filings (b)(2)
Moving counsel must promptly notify the Court's Research Attorneys by email when a felony motion will be continued or dropped from the calendar.
If a felony motion is to be continued or dropped from calendar, counsel for the moving party shall promptly notify the Court’s Research Attorneys by email and the Research Attorneys will notify the Judge.
Page 92 | (c) Time and place for notice and hearing of pre-trial motions, and rules for filing and service
To avoid having a matter dropped because of an unavoidable schedule conflict, counsel must call the Court and notify opposing counsel before the hearing and report the conflict.
In the event of an unavoidable schedule conflict, the attorney with the conflict can avoid having the matter dropped by calling the Court and also notifying opposing counsel before the scheduled hearing and reporting the conflict.
Page 92 | (d) General procedures for pre-trial motions
Counsel who learns that a represented matter is set on a Double Pro Per day must contact the department clerk before the hearing date to obtain a continuance.
If counsel enters a case after a hearing is set on a Double Pro Per day or otherwise finds their matter is set on Double Pro Per day, counsel shall contact the department clerk to obtain a continuance before the scheduled hearing date.
Page 110 | Rule 5.4(i) Double Pro Per Hearing Days
Counsel moving a felony motion that will be continued or dropped from the calendar must promptly notify the Court's Research Attorneys by email.
If a felony motion is to be continued or dropped from calendar, counsel for the moving party shall promptly notify the Court’s Research Attorneys by email and the Research Attorneys will notify the Judge.
Page 90 | (c) Time and place for notice and hearing of pre-trial motions, and rules for filing and service
Before filing a juvenile motion, the moving party must clear the hearing date with the juvenile-court clerk.
The moving party shall clear the hearing date with the clerk of the juvenile court before filing any such motion.
Page 135 | Rule 5.53(a) Presentation of motions
A party requesting argument must advise the Court and all affected parties by 4:00 p.m. on the requesting party's decision to appear and specify the issues; failure to do so precludes argument.
Calling counsel or self-represented parties requesting argument must advise all other affected counsel and self-represented parties by no later than 4:00 p.m. of his or her decision to appear and of the issues to be argued. Failure to timely advise the Court and counsel or self-represented parties will preclude any party from arguing the matter.
Page 56 | Rule 3.43. Tentative Ruling
Petitioner must notify all interested or opposing parties by fax or telephone no later than 10:00 a.m. on the day before the scheduled hearing.
Petitioner must notify all interested or opposing parties by fax or telephone no later than 10:00 a.m. on the day before the scheduled hearing as provided by CRC, Rule 3.1203 and CRC, Rule 3.1204.
Page 162 | Rule 7.412(a) Notice