Del Norte Superior Court Filing Timing and Cure Windows

CRITICAL

The Clerk must accept an ex parte application for filing despite noncompliance with Rule 7.2(a) and promptly present it to the appropriate judicial officer.

Notwithstanding the failure of an applicant to comply with the requirements of local rule 7.2(a), the Clerk of the Court must not reject an ex parte application for filing and must promptly present the application to the appropriate judicial officer for consideration.

CRITICAL

Absent an order based on good cause, a complaint for a defendant in custody must be presented for filing by 10:30 a.m. on the day of the defendant’s first appearance.

Except as ordered upon a showing of good cause, the complaint shall be presented to the Clerk for filing not later than 10:30 a.m. on the day of defendant's first appearance, if the defendant is in custody;

CRITICAL

Absent an order based on good cause, a complaint for a defendant not in custody must be presented for filing by 3:30 p.m. on the second Court day before the defendant’s first appearance.

or 3:30 p.m. of the second Court day preceding the date of first appearance, if the defendant is not in custody.

CRITICAL

Absent an order based on good cause, an information or indictment must be presented for filing by 3:30 p.m. on the day before the defendant’s first appearance for arraignment on it.

Except as ordered upon a showing of good cause, the information or indictment shall be presented to the Clerk for filing not later than 3:30 p.m. on the day before defendant's first appearance for arraignment on the information or indictment.

CRITICAL

(a) Absent a showing of good cause, the Court will not consider letters or other written submissions which are not served on opposing counsel and timely lodged with the Court so that they can be placed in a defendant's file by 2:30 p.m. on the day before the sentencing hearing.

(a) Absent a showing of good cause, the Court will not consider letters or other written submissions which are not served on opposing counsel and timely lodged with the Court so that they can be placed in a defendant's file by 2:30 p.m. on the day before the sentencing hearing.

CRITICAL

A document placed in the courthouse mailbox is filed as of the date it was placed there.

The documents placed in the courthouse mailbox will reflect the date of filing as the date it was placed in the mailbox.

WARNING

The Court may choose not to consider papers filed late.

The Court reserves the option of not considering late-filed papers.

WARNING

Clerk counters are open from 8:00 a.m. to 4:30 p.m. and close at 4:30 p.m.

As the State of California continues to reopen following the COVID-19 pandemic and in accordance with the Governor of California and Cal/OSHA rules and regulations, the Del Norte Superior Court will re-open clerk counters effective July 6, 2021 from 8:00 a.m. to 4:30 p.m. The counters will close at 4:30 p.m. to allow sanitation, processing and preparing for the next business day.

WARNING

Courthouse Mailbox #31 accepts filings from 4:30 p.m. to 5:00 p.m. after the counter closes.

Courthouse Mailbox #31, located in the main lobby of the courthouse, will be opened and available from 4:30 p.m. to 5:00 p.m. for receipt of filings after the counter closes at 4:30p.m.

WARNING

The exterior court mailbox on the H Street side is available from 8:00 a.m. to 4:00 p.m.

The exterior court mailbox, located outside on the H Street side of the courthouse will be available 8:00 a.m. to 4:00 p.m.

CRITICAL

The Court must be informed immediately when a case settles, by filing written notice with any required attachments.

It is the duty of counsel, or the self-represented party, to inform the Court immediately if the case is settled. Notice must be given to the Court by filing a written notice of settlement, including any required attachments.

CRITICAL

Requested jury instructions must be delivered to the trial judge at the prescribed or court-ordered time, and no later than the first morning of trial.

Requested jury instructions shall be delivered to the trial judge at the times provided herein, or at such other times as may be ordered by the court and in no event later than the first morning of trial.

CRITICAL

Motions in limine and responses must be filed by the readiness conference.

Each motion and response must be filed no later than the readiness conference.

CRITICAL

All necessary papers, including declarations, must be filed or lodged by the legally required date.

All necessary papers, including declarations, must be filed or lodged with the Court by the date required by law.

CRITICAL

Proposed orders must be filed or lodged with the Court at least five days before the hearing.

Proposed orders must be filed or lodged with the Court at least five (5) days before hearing.

CRITICAL

Law and motion papers must be filed and served within the time limits set by statute or the California Rules of Court.

All law and motion papers must be filed and served within the time limits set by statute or the CRC.

CRITICAL

Deadline

10 court days

Unless good cause is shown, motions and accompanying points and authorities must be filed at least 10 court days before the hearing.

Except for good cause shown, all pretrial motions shall be made in compliance with rule 4.111 of the CRC, which generally requires that motions and accompanying points and authorities be filed at least ten (10) court days,

CRITICAL

Deadline

5 court days

Unless good cause is shown, opposing papers must be filed at least 5 court days before the hearing.

all opposing papers at least five (5) court days,

CRITICAL

Deadline

2 court days

Unless good cause is shown, reply papers must be filed at least 2 court days before the hearing.

and all reply papers at least two (2) court days before the hearing.

CRITICAL

The competency certificate for a qualifying attorney appearing when the rules take effect is due within 30 days of the effective date.

Each attorney appearing in juvenile dependency proceedings on the effective date of these rules, who believes that he or she meets the minimum standards of training and experience set forth in these rules shall complete and submit to the court, within thirty (30) days of the effective date of these rules, the Certificate of Attorney Competency, local form DN-102.

CRITICAL

The first-appearance competency certificate is due within 10 days after the attorney’s first appearance in a juvenile dependency matter.

After the effective date of these rules, any attorney appearing in a juvenile dependency matter for the first time shall complete and submit a Certificate of Attorney Competency to the Court within ten (10) days of his or her first appearance in a juvenile dependency matter.

CRITICAL

Renewal certifications are due by January 31 of the specified third year and every third year thereafter.

In order to retain his or her certification to practice in juvenile dependency proceedings, each attorney previously certified by the Court shall submit a new Certification of Attorney Competency to the Court on or before January 31 of the third year after the year in which the attorney is first certified, and then every third year thereafter.

CRITICAL

An attorney who receives a decertification notice has 20 days from the mailing date to submit evidence of compliance with the applicable training and education requirements.

The attorney shall have twenty (20) days from the date of the mailing of the notice to submit evidence of compliance with the training and education requirements for certification or renewal of certification to practice in juvenile dependency proceedings in the Court.

CRITICAL

Counsel for a minor must notify the court as soon as reasonably possible after learning of a right or interest that may need protection or pursuit in another forum.

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

CRITICAL

Deadline

2 court days

The advocate must submit the report to the Court at least two court days before the hearing.

The advocate must submit his or her report to the Court and serve a copy of the report on all parties at least two (2) court days prior to the hearing for which the report was prepared.

CRITICAL

Parties must immediately notify the Court by proper filing when a matter is going off calendar.

(c) Matters Going Off Calendar: Parties must inform the Court immediately through a proper Court filing when matters are going off calendar.

CRITICAL

Deadline

3 court days

A party intending to submit a matter without appearing must notify the Court by separate pleading at least three court days before the hearing.

Any party intending to submit a matter for action without appearance shall notify the Court at least three (3) court days prior to the hearing by separate pleading.

CRITICAL

Deadline

5 court days

Necessary papers, including declarations and proposed orders, must be filed or lodged by the date required by law or at least five court days before the probate-calendar hearing.

All necessary papers, including declarations and proposed orders, must be filed or lodged with the Court by the date required by law or at least five (5) court days before hearing on the probate calendar.

CRITICAL

A request for media access must be filed at least five days in advance.

Pursuant to rule 1.150 of the CRC, a request for media access must be filed using form MC-500, Media Request to Photograph, Record or Broadcast, not less than five (5) days in advance.

CRITICAL

An opposition to a media request must be filed within one day after receipt of notice of the request.

Any opposition to media request must be filed within one (1) day of receipt of notice of request.

CRITICAL

The investigator must file the report with the court and mail copies to the specified recipients at least four days before the hearing.

At least four days before the date set for hearing file the report with the Court and mail a copy of your report to all of the following:

CRITICAL

A U visa certification must be completed within 90 days of request, or within 14 days if the applicant is in immigration removal proceedings.

This certification must be completed within 90 days of the request, unless the applicant is in immigration removal proceedings, in which case the certification must be completed within 14 days of the request.

CRITICAL

Deadline

1 court days

Documents relating to cases with a calendar date are due by 10:30 a.m. the prior court day; later documents must be filed in open court.

For documents relating to cases with a calendar date, the filing deadline is 10:30a.m. the court day before. Documents after 10:30am will need to be filed in open court.

CRITICAL

Requests to add to calendars must be received by 10:30 a.m. the prior day, subject to the listed categories below.

Requests to add to calendars must be received by 10:30a.m. the prior day, unless it falls into the categories mentioned below.

CRITICAL

For the 1:10 p.m. in-custody arraignment calendar, the specified criminal complaints, calendar-add requests, signed active-warrant agreements to appear, and bail review reports are due by 10:30 a.m. that day.

For criminal Complaints, Requests to Add to Calendar, signed Agreements to Appear on active warrants and/or Bail Review reports for the 1:10p.m. Arraignment (in-custody) calendar, the filing deadline will remain by 10:30a.m. the day of.

CRITICAL

Criminal complaints with signed agreements to appear for Tuesday 1:30 p.m. or Friday 10:30 a.m. appearances are due by 3:30 p.m. the preceding day.

For criminal Complaints that have signed Agreements to Appear for Tuesdays at 1:30p.m. and Fridays at 10:30am the filing deadline is 3:30p.m. the day before the set appearance date.

WARNING

(b) In the interest of jurors and taxpayers, the Court strongly encourages parties to settle cases as soon as possible. The Court must be informed immediately of any settlement. Jury fees will be forfeited if the Court deems it was not timely notified.

(b) In the interest of jurors and taxpayers, the Court strongly encourages parties to settle cases as soon as possible. The Court must be informed immediately of any settlement. Jury fees will be forfeited if the Court deems it was not timely notified.

WARNING

Ordinarily, such arrangements shall be made with the Clerk of the Court at least three (3) days in advance of the hearing; however, if the file is over five (5) years old, additional time may be required for an archive search and retrieval.

Ordinarily, such arrangements shall be made with the Clerk of the Court at least three (3) days in advance of the hearing; however, if the file is over five (5) years old, additional time may be required for an archive search and retrieval.

WARNING

When publication is required, the party must allow enough time to file the affidavit of publication before the hearing or trial.

In noticing petitions for probate of wills and other matters where publication is required, the party shall allow sufficient time to file the affidavit of publication prior to the date of hearing or trial.

WARNING

The court may make an exception to a deadline when contacted with a proper and valid reason it cannot be met.

Exceptions may be made upon contacting the court with a proper and valid reason of why a deadline may not be met.