Humboldt Superior Court Filing Timing and Cure Windows

Deadline

5 court days

Settlement conference statements must be filed with the Court at least five court days before the conference.

Each party shall prepare a Settlement Conference Statement, which shall be filed with the Court no less than five (5) court days prior to the conference.

Deadline

7 court days

Attorneys must file their respective Pretrial Conference Statements no later than seven court days before trial.

No later than seven (7) court days prior to trial, the attorneys shall file and serve their respective Pretrial Conference Statements.

Deadline

15 court days

A party seeking to use the long-form juror questionnaire must submit the proposed questionnaire and any modifications at least 15 court days before trial.

(9) Any party wishing to use the long form juror questionnaire (Judicial Council form JURY-001) must submit the proposed long form questionnaire with any modifications to the Court no later than fifteen (15) court days prior to trial.

Deadline

7 court days

The original trial memorandum must be filed no later than seven court days before the scheduled trial date.

The original of this document shall be filed, and a copy served on all parties, no later than seven (7) court days prior to the scheduled date of trial.

Deadline

14 court days

Unless the court agrees otherwise, motions in limine must be filed and served no later than 14 court days before trial.

Unless otherwise agreed to by the court, counsel must file and serve motions in limine and opposition thereto no later than fourteen (14) court days and seven (7) court days, respectively, prior to the scheduled date of trial.

Deadline

2 court days

Ex parte pleadings received before noon may receive the next-day calendar, while pleadings received after noon will receive no earlier calendar date than two court days after receipt.

All pleadings from the party making the ex parte request must be received by the Court prior to 12:00 p.m. (noon) in order for an ex parte matter to appear on the next court day’s calendar. If the pleadings are received after 12:00 p.m. (noon), the matter will not be placed on the court calendar before the date that is two (2) court days from the date of receipt of the pleadings.

Deadline

2 hours

Opposition and responsive pleadings in an ex parte matter must be filed at least two hours before the hearing.

Any opposition or responsive pleadings must be filed no later than two (2) hours prior to the ex parte hearing.

Deadline

0 hours

In-custody felony or misdemeanor arraignment matters must be filed by 10:00 a.m. for placement on the same-day afternoon arraignment calendar.

matters pertaining to arraignments for persons who are in-custody for felony and/or misdemeanor charges, including serious or violent felonies, must be filed no later than 10:00 a.m. to be placed on the same day afternoon arraignment calendar.

Serious or violent felony matters that must be arraigned on the filing day and missed the 10:00 a.m. deadline must be filed before 2:00 p.m. for the same-day late arraignment calendar.

For serious or violent felonies only, which must be arraigned on the day of filing and which could not be filed by 10:00 a.m., matters must be filed before 2:00 p.m. to be placed on the same day late arraignment calendar.

Deadline

10 court days

Complaints and petitions for out-of-custody arraignment matters must be filed ten court days before the scheduled arraignment date.

All Complaints and Petitions pertaining to arraignments for persons who are out-of-custody must be filed ten court days prior to the date set for arraignment.

Deadline

2 calendar days

An information for arraignment must be filed by noon at least two days before the date set for arraignment.

Informations for arraignment must be filed by noon at least two (2) days prior to the date set for arraignment on the information.

Deadline

10 court days

A selected hearing date must provide ten court days' prior service and notice under Rule of Court 4.111.

The hearing date must comply with the service and notice requirements of Rule of Court 4.111 (ten court days prior to hearing).

A Notice of Hearing to set or extend a commit-to-jail date must be filed, served, and heard before that date and include a declaration explaining the request.

Any Notice of Hearing to set or extend a commit to jail date must be filed, served and heard prior to the commit to jail date, and must have a declaration attached stating the reason for requesting a new commit to jail date.

A Notice of Hearing for a new commit-to-jail date submitted after the original date has passed is rejected, and the defendant must surrender on any issued warrant.

Notice of Hearing for a new commit to jail date submitted after the commit to jail date has passed will be rejected; instead, the defendant must surrender on any warrant issued.

Trial submissions must be filed and served no later than the day of trial assignment.

No later than the day of trial assignment, the attorneys or parties proceeding in pro per shall file and serve trial submissions including the following:

Deadline

15 court days

The long-form jury questionnaire must be filed no later than 15 court days before trial.

The long form jury questionnaire must be filed, with a courtesy copy for Jury Services, no later than fifteen (15) court days prior to trial.

Opposition to motions in limine must be filed and served no later than the scheduled trial date.

Any opposition to motions in limine shall be filed and served no later than the date scheduled for trial.

Deadline

5 court days

All papers for a previously set probate hearing, including the moving party’s proposed order, must be filed or lodged with the Clerk’s Office at least five court days before the hearing.

All papers relating to a previously set probate hearing, including the proposed order prepared by the moving party, shall be filed or lodged with the Clerk’s Office at 421 I Street in Eureka at least five (5) court days before the date of the hearing.

An amended petition may be filed without court leave and served on all parties no later than the pretrial hearing; after that hearing, court leave is required.

The petition may be amended without leave of court, by filing the amended petition and serving a copy on all parties no later than the pretrial hearing and thereafter by leave of court.

If the Court sustains a sufficiency challenge, it may allow amendment on just terms and will set a filing deadline for the amended pleading within the statutory jurisdiction-hearing time.

If the Court sustains the motion, the Court may grant leave to amend the pleading in the petition upon any terms as may be just and shall fix the time within which the amendment or amended petition shall be filed within the statutory time for the hearing on jurisdiction.

Deadline

5 court days

Applies to

Opposition

Opposition papers must be filed and served no later than five court days before the hearing.

If opposing counsel plans to file points and authorities or any other documents in opposition to the motion, the documents must be filed with the Clerk’s Office and served no later than five (5) court days before the date set for hearing.

Deadline

2 court days

Applies to

Reply

Reply papers must be filed no later than two court days before the hearing.

All reply papers must be filed and personally served no later than two (2) court days before the hearing.

The courtroom clerk will hold an ex parte application for 24 hours before submitting it to the judicial officer for decision.

In order to give opposing parties ample time to respond to the ex parte application, the courtroom clerk will hold the application for twenty-four (24) hours prior to submission to the judicial officer for their decision.

Written opposition to an ex parte request must be presented to the courtroom clerk within 24 hours after receipt of notice.

An opposing party must present any written opposition to a request for ex parte orders to the courtroom clerk within twenty-four (24) hours of receipt of notice.

Deadline

2 court days

Opposition to a request for delegation of psychotropic-medication consent must use the appropriate Judicial Council form and be made within two court days after notice of the application.

Any opposition shall be made on the appropriate Judicial Council form and must be made within two (2) court days of the notice of the application for order.

All Judicial Council forms, including declarations, must be filed on time.

All Judicial Council forms, including declarations, must be timely filed.

The parties shall act no later than ten (10) calendar days before the Mandatory Settlement conference.

No later than ten (10) calendar days before the Mandatory Settlement conference, the parties shall:

For a contested trial, both parties must file and serve the settlement statement by the later of the two stated deadlines: 10 calendar days before the settlement conference or 10 calendar days before trial.

When a matter is set for contested trial, both parties shall file and serve a “Statement of Issues, Contentions and Proposed Disposition of the Case” (see Appendix 8.9) no later than ten (10) calendar days prior to the settlement conference or ten (10) calendar days prior to the trial date, whichever is greater.

The deadline for filing the settlement statement may not be extended by stipulation.

The purpose of this statement is to assist the trial judge, and the time for filing of a statement may not be extended by stipulation.

A complaint about a recommending counselor must be lodged within 45 days after receipt of counselor services.

Complaints may not be lodged more than 45 days after receipt of recommending counselor services.

The initial case management statement is due no later than 15 days before the case management conference.

Initial CASE MANAGEMENT STATEMENT on Judicial Council form CM-110 shall be filed with the Court and exchanged among the parties no later than 15 days before the Case Management Conference.

The custodian must release a copy of the specified CAST interview tapes to Humboldt County Counsel within seven calendar days after receiving the order.

shall release to Humboldt County Counsel, within seven calendar days of receipt of this order, a copy of the tapes of the CAST interviews

Upon final disposition, qualifying tapes not admitted into evidence or retained by law enforcement must be returned to the court or Child Welfare Services counsel for destruction.

Upon final disposition of this matter, all tape(s) which are not in evidence with the Court or booked as evidence and retained by law enforcement and which relate to a minor’s disclosure of sexual molestation, shall be returned to the Court or to counsel for Child Welfare Services for destruction.

Non-serious or non-violent in-custody matters filed after 10:00 a.m. are placed on the next court day's afternoon arraignment calendar.

Except for serious or violent felonies, matters filed after 10:00 a.m. will be placed on the afternoon arraignment calendar for the next court day.

Serious or violent felony matters filed after 2:00 p.m. are heard the next court day unless judicial authorization is obtained for the same-day late arraignment calendar.

All other serious or violent felony matters filed after 2:00 p.m. will be heard the next Court day on the afternoon arraignment calendar, unless judicial authorization is obtained to place the matter on the same day late arraignment calendar.

A petition may be amended at any time before the hearing if all parties or their counsel agree.

By agreement of all parties or their counsel, petitions may be amended at any time before hearing.