Glenn Superior Court Filing Timing and Cure Windows

CRITICAL

A complaint must be filed on demand and may not be refused, except for the stated rule noncompliance or unpaid-fee grounds; an obvious discrepancy may be identified for correction before filing.

Except for noncompliance with Rule 2.100 et seq of the California Rules of Court, these local rules, or the failure to pay the filing fee without a court order waiving the fee, a complaint must be filed on demand and may not be refused. However, any obvious discrepancy may be pointed out to the filing party, so that the error can be corrected prior to filing.

CRITICAL

After a complaint is filed, corrections must be made by amendment or court order, not by altering the filed papers.

Once filed, any corrections must proceed by amendment or court order; a party cannot alter papers to correct mistakes once the complaint is filed with the court.

CRITICAL

An unsigned complaint will not be filed unless the court orders otherwise.

Unsigned complaints will not be filed without court order.

CRITICAL

Except where e-filing is mandatory, a paper submitted to the Clerk before 4:30 p.m. on a nonholiday weekday on its due date is timely filed.

Except for cases where eFiling is mandatory as provided in Rule 2.5, a paper submitted before 4:30 p.m. Monday through Friday (except for legal holidays) to the Clerk on the day the paper is due is deemed timely filed.

CRITICAL

An Order to Shorten Time is filed only if the motion has already been filed or is filed simultaneously.

Orders to Shorten Time will be filed only when the motion has been previously filed or is simultaneously filed.

CRITICAL

Documents may be electronically transmitted to the Court at any time of the day. Acceptance of documents for filing shall be deemed ot occur on the date the document was received by the Court in accordance with CCP sec. 1010.6(b)(3). Nothing in this section shall limit the clerk’s ability to reject deficient filings.

Documents may be electronically transmitted to the Court at any time of the day. Acceptance of documents for filing shall be deemed ot occur on the date the document was received by the Court in accordance with CCP sec. 1010.6(b)(3). Nothing in this section shall limit the clerk’s ability to reject deficient filings.

CRITICAL

If the hearing is set less than 5 court days in advance, the audio/visual equipment request must be made when the hearing is set or by close of business that day.

In the event the court date is set less than five (5) court days before the hearing, the request must be made at the time the hearing is set or by the close of business on that day.

CRITICAL

The Clerk initially sets each matter for hearing when the first petition is filed.

All matters shall be set for hearing initially by the Clerk upon the filing of the first petition.

WARNING

Papers submitted by attorneys or parties who have not been properly substituted as attorney of record are marked “Received” rather than “Filed.”

Papers presented for filing by attorneys/parties who have not been properly substituted in as attorney of record, whether the party was previously in pro per or represented by counsel, will be accepted and marked "Received" rather than "Filed."

WARNING

Orders submitted after the three-court-day advance deadline will be reviewed and processed after the hearing and generally be available the next morning.

Orders submitted later will be reviewed and processed after the hearing and will generally be available the morning after the hearing.

WARNING

After an At Issue Memorandum is filed, the Calendar Clerk schedules a status conference and trial date if both parties have completed final disclosure.

The filing of an At Issue Memorandum will result in the Calendar Clerk scheduling a status conference and a trial date, provided that both parties have completed final disclosure.

CRITICAL

Deadline

48 hours

Dispositional Reports must be filed at least 48 hours before the hearing.

Dispositional Reports shall be filed at least 48 hours before the hearing.

CRITICAL

Deadline

10 calendar days

Reviews of Family Reunification, Family Maintenance, and Permanent Plans must be filed at least 10 calendar days before the hearing.

Reviews of Family Reunification, Family Maintenance and Permanent Plans shall be filed at least ten (10) calendar days before the hearing.

CRITICAL

Motions in limine and trial briefs must be filed before the Criminal and Civil Trial Confirmation hearing, usually two weeks before trial unless the Court orders another time.

Motions in limine and trial briefs must be filed prior to the Criminal and Civil Trial Confirmation hearing, usually two weeks prior to the trial date or at such other time as the Court may order.

CRITICAL

Deadline

5 court days

The parties must lodge joint jury instructions five judicial days before trial unless the Court orders another time.

The parties will lodge joint jury instructions five (5) judicial days prior to the trial date or at such other time as the court may order.

CRITICAL

Deadline

5 court days

Family-law trial briefs must be filed five judicial days before the trial or hearing, and a courtesy copy must be provided to the trial judge.

Trial briefs must be filed five (5) judicial days prior to the trial/hearing date, with a courtesy copy provided for the trial judge.

CRITICAL

Deadline

5 court days

The award deposit for a Labor Commissioner Appeal must be made in person or by mail within five court days after the appeal is submitted for filing.

k. Labor Commissioner deposit of cash or check. While the Labor Commissioner Appeal must be filed electronically, it will not be processed until the filing party has deposited the award with the Court. The deposit must be made in person or through the mail and must be completed within five (5) court days of submitting the Appeal for filing with the Court.

CRITICAL

Deadline

5 calendar days

For criminal telephonic appearances, parties must file a written motion request at least five calendar days before the hearing; authorization is limited to select circumstances and proceedings.

In Criminal matters: a. The Court may authorize telephonic appearances in select circumstances and proceedings pursuant to PC §§ 977, 977.2, and 977.3. Parties must submit a written request at least five (5) calendar days prior to the hearing by filing amotion.

CRITICAL

Deadline

5 calendar days

In Juvenile matters: a. The Court may authorize telephonic appearances. Parties must submit a request at least five (5) calendar days prior to the hearing by either: i. Contacting the Juvenile Division by phone; or ii. Filing a written request or motion.

In Juvenile matters: a. The Court may authorize telephonic appearances. Parties must submit a request at least five (5) calendar days prior to the hearing by either: i. Contacting the Juvenile Division by phone; or ii. Filing a written request or motion.

CRITICAL

Deadline

5 court days

Parties needing court audio/visual equipment must submit completed form AV to the Clerk’s Office at least 5 court days before use, subject to the stated short-notice exception.

Parties who require the use of the Court’s audio/visual presentation equipment shall complete a Request for Courtroom Audio Visual Presentation Equipment (form AV) and submit the completed form to the Clerk’s Office no later than five (5) court days before the date the equipment is to be utilized.

CRITICAL

Deadline

5 court days

Parties needing non-court equipment must submit completed form AV to the Clerk’s Office at least 5 court days before use.

Parties who require the use of non-court provided equipment must complete a Request for Courtroom Audio Visual Presentation Equipment (form AV) and submit the completed form to the Clerk’s Office no later than five (5) court days before the date the equipment is to be utilized.

CRITICAL

If a case settles within five calendar days of trial, counsel must have one of the specified settlement documents on file or appear at trial to place the settlement on the record.

If a case settles within five (5) calendar days of the trial date, counsel shall have on file a dismissal, stipulated judgment, or a conditional settlement or make an appearance at the time and place designated for trial to place the settlement on the record.

CRITICAL

For a settlement occurring earlier than five calendar days before trial, counsel must immediately give written notice and file a dismissal request within 45 days after settlement.

If a case settles before that time, counsel shall: a. Immediately give written notice to the Court, and; b. File a request for dismissal of the entire case within 45 days after the date of settlement of the case.

CRITICAL

If the party responsible for serving and filing the dismissal request fails to do so, the Court must dismiss the entire case 45 days after receiving settlement notice unless good cause is shown.

If the plaintiff or other party require to serve and file the request for dismissal does not do so, the court must dismiss the entire case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed.

CRITICAL

Moving, opposing, and reply papers must be filed and served within the time prescribed by law.

Moving, opposing and reply papers must be filed and served with the Court and parties within the time prescribed by law.

CRITICAL

Guardianship matters requesting temporary orders must be submitted for judicial review and set for hearing within 20 days.

All guardianship matters where temporary orders are being requested will be submitted to the judge for review and set for a hearing within twenty (20) days.

CRITICAL

Deadline

3 court days

Orders must be submitted to the Probate Division at least three court days before the scheduled hearing.

Orders must be submitted to the Probate Division at least three (3) court days in advance of the scheduled hearing date.

CRITICAL

A proposed formal order for a noticed hearing must be presented to the Clerk at least two judicial days before the hearing or it may not be signed at the hearing.

The proposed formal order for a noticed hearing shall be presented to the Clerk not less than two (2) judicial days prior to the scheduled hearing. Orders not so presented may not be signed at the time of the hearing.

CRITICAL

All petitions for appointment shall be set for a hearing no sooner than 30 days after filing.

All petitions for appointment shall be set for a hearing no sooner than 30 days after filing.

CRITICAL

When an investigation is required under PROB § 1540 et seq., the guardianship appointment petition must be calendared at least 45 days after filing to allow the appropriate agency time to investigate.

If investigation is required pursuant to PROB § 1540, et seq., the petition for appointment of guardian shall be calendared a minimum of 45 days after filing in order to give the appropriate agency(ies) time within which to conduct the investigation.

CRITICAL

A petition for appointment of a conservator must be set for hearing at least 45 days after filing.

All petitions for appointment shall be set for hearing no sooner than 45 days after filing.

CRITICAL

Except when the conservatee is deceased, a termination petition must be set for hearing at least 20 days after filing.

Except in cases where the conservatee is deceased, a petition for termination of a conservatorship shall be set for hearing no sooner than 20 days after filing.

CRITICAL

Written grievances concerning court-ordered evaluations must be presented to the Court within five days after receipt of the report and will be addressed at the scheduled custody hearing.

Grievances in connection with court-ordered evaluations shall be presented, in writing, to the Court within five (5) days of the receipt of the report and such grievances shall be addressed at the scheduled custody hearing.

CRITICAL

The evaluator must return the report to the Court at least 10 days before the hearing, by the date established by the Court.

The Court shall establish a specific date the evaluator shall return the report to the Court, which shall be not less than ten (10) days prior to hearing.

CRITICAL

The investigator must return the Child Custody Investigation report to the Court at least 10 days before the hearing, by the date established by the Court.

The Court shall establish a specific date the investigator shall return the Child Custody Investigation report to the Court, which shall be not less than ten (10) days prior to hearing.

CRITICAL

Grievances concerning court-ordered investigations must be submitted within five days of receipt of the report.

Grievances in connection with court-ordered investigations shall be presented, via Complaint, (Local Form Number AD-050) in writing, to the Court Executive Officer within five (5) days of receipt of the report.

CRITICAL

An At Issue Memorandum must be filed and served before a contested case is set for trial, unless the court sets the date in open court with all parties present.

An At issue Memorandum [GCSC FL-050] shall be filed and served before any contested case will be set for trial, unless the court sets the trial date in open court with all parties present.

CRITICAL

A motion to continue must be filed and timely served before the trial date.

Any motion to continue must be filed and timely served prior to the trial date.

CRITICAL

Deadline

5 court days

In contested trials or hearings, both parties must file the specified materials at least five court days before the trial or long-cause date.

Where a matter is set for contested trial/hearing, either short or long cause, both parties shall file and serve at least five (5) court days prior to the trial/long cause date, the following:

CRITICAL

In each case, the People and the defense must lodge proposed jury instructions with the clerk no later than two days before the jury is sworn.

The People and the defense shall, in each case, lodge copies of proposed jury instructions with the clerk no later than two (2) days before the swearing of the jury.

CRITICAL

The required competency declaration must be submitted within 10 days of the attorney’s first appointment.

A. Any attorney appointed by the court in a dependency matter must complete and submit to the court a Declaration of Certification of Attorney Competency on Local Form JV-020 within 10 days of his or her first appointment.

CRITICAL

Deadline

5 court days

A discovery motion must be filed at least five court days before the hearing.

A discovery motion under this Rule shall be filed and served on all parties at least five (5) court days before the hearing.

CRITICAL

Deadline

2 court days

Responsive papers must be filed at least two court days before the hearing.

Any responsive papers shall be filed and served two (2) court days prior to the hearing.

CRITICAL

Deadline

48 hours

Witness lists must be filed with the court and provided to all counsel at least 48 hours before the hearing.

Witness lists shall be filed with the court and provided to all counsel at least 48 hours prior to the hearing.

CRITICAL

Deadline

5 court days

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

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

WARNING

Jurisdictional Reports must be filed a reasonable time before the hearing.

Jurisdictional Reports shall be filed a reasonable time before the hearing.

WARNING

Addenda, Status Reports, and all other reports must be filed a reasonable number of days before the hearing.

Addenda, Status Reports, and all other reports shall be filed a reasonable number of d ays before the hearing.

WARNING

Provide a self-addressed, stamped return envelope for endorsed-filed copies; documents sent without one are held for 30 days and then discarded.

A self-addressed, stamped envelope must be provided for the return of endorsed-filed copies. Documents forwarded without a return envelope will be placed in a holding bin for a period of thirty- (30) days, after which time they will be discarded.

WARNING

Without good cause, the Court may refuse to consider late-filed trial briefs and motions in limine.

Accordingly, absent good cause shown, the court may refuse to consider late filed trial briefs and motions in limine.

WARNING

Original depositions may not be lodged with the Court before the first day of trial.

Original depositions will not be accepted for lodging with the Court until the first day of trial or thereafter.

WARNING

The Court will not consider late-filed papers unless the filer shows good cause.

The Court will not consider late filed papers unless good cause is shown.

WARNING

Deadline

60 calendar days

Other probate matters will be calendared for hearing at least 60 calendar days after filing.

All other probate matters will be calendared for hearing a minimum of sixty 60 calendar days after filing.

WARNING

Addenda, Status Reports, and other reports must be filed a reasonable number of days before the hearing.

Addenda, Status Reports, and all other reports shall be filed a reasonable number of days before the hearing.

INFO

The Probate and Guardianship Calendar is heard at 11:00 a.m. on the first three Mondays of each month at the Willows Courthouse.

The Probate and Guardianship Calendar is heard the first, second and third Monday of the month at 11:00 a.m., at the Willows Courthouse.

INFO

LPS and conservatorship matters are heard on the first and third Fridays of each month at the Willows Courthouse.

LPS and Conservatorships are heard the 1st and 3rd Fridays of each month at the Willows Courthouse.