Kings Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Hand Delivery • Upon Filing
- Upon Filing
Adjournments
- After report disclosure, the court must grant a reasonable continuance when the opposing party requests additional preparation time and demonstrates good cause.
- A trial date may be vacated or continued only for good cause through a duly noticed motion complying with California Rules of Court 3.1332 and 3.1335.
- In a small claims case, the court may continue a trial for up to 30 days when proof of service is missing, provided the plaintiff shows good cause and due diligence in attempting service.
- +14 more
Request must include
- Unless the court orders otherwise, a moving party must give written notice and notify the clerk and assigned judge at least five court days before the hearing to take a law and motion matter off calendar.
- The parties may take a law and motion matter off calendar by stipulation if the court receives written notice at least five court days before the hearing.
- A request to continue a law and motion hearing must be made by stipulation or motion, set forth good cause, and be submitted to the assigned judge at least five court days before the hearing with proof of notice to all parties.
- An extension request must be served at least ten days before the deadline sought to be extended, and the motion should include a proposed order stating the good-cause basis, although omission may delay processing.
Page & Word Limits6 rules
For each opposed motion in limine, the submitted binder document may contain at most three pages of argument for and three pages of argument against, subject to an aggregate six-page-per-motion limit that excludes exhibits, tables of contents, and tables of authorities.
As to all motions in limine to which opposition will be lodged, the parties shall submit to the court in a binder, a document which includes a not more than three (3) page argument for, and a not more than three (3) page argument against, each of the motions. The six (6) page per motion limitation provided for herein is exclusive of exhibits and any table of contents or table of authorities offered by the parties.
Argument For Motion In Limine
3 pages
Argument Against Motion In Limine
3 pages
A memorandum of points and authorities submitted in support of or opposition to a motion, petition, warrant application, or other request may not exceed 10 pages; for affidavits, attached exhibits count toward the limit, and exceeding 10 pages requires prior court permission.
No memorandum of points and authorities or affidavit submitted in support of or in opposition to a motion, petition, warrant application, or other request shall exceed ten (10) pages. In connection with affidavits, such limitation is inclusive of attached exhibits. Parties wishing to exceed this limit must obtain prior leave from the court.
Memorandum Of Points And Authorities
10 pages
Declarations may not exceed ten typewritten, double-spaced pages without prior court approval, but attached exhibits are excluded from this restriction.
In accordance with California Rules of Court, rule 5.111, the court will not consider more than ten (10) typewritten, double-spaced pages of declarations without prior approval. This restriction does not apply to exhibits submitted with the declaration(s).
Declaration
10 pages
A reply or closing declaration may not exceed five pages, excluding exhibits.
No reply or closing declaration shall exceed five (5) pages (not including exhibits).
Reply Or Closing Declaration
5 pages
No more than 50 pages of exhibits, including dividers, may be attached to any declaration.
However, no more than fifty (50) pages of exhibits (including dividers) shall be attached to any declaration.
Exhibits
50 pages
Absent prior approval, declarations are limited to 10 typewritten, double-spaced pages; exhibits submitted with the declarations are excluded from that limit.
Without prior approval, the court will not consider more than ten (10) typewritten, double-spaced pages of declarations. This restriction does not apply to exhibits submitted with the declaration(s).
Declaration
10 pages
Document Format Requirements35 rules
Handwriting and hand printing on all papers filed with the court must use black or blue-black ink.
A. Handwriting and hand printing on all papers filed with the court must be in black or blue-black ink. (Cal. R. Ct., rule 2.106)
Electronically filed documents must contain searchable text.
All electronically filed documents must be formatted in a manner that allows the court and its judicial officers to conduct word searches of the text.
Each exhibit must be individually designated and separated by one 8½-by-11-inch page bearing the exhibit designation centrally in type of at least 12 points.
2. To facilitate the easy cross-referencing of exhibits, all pleadings, motions, declarations, and other documents filed with the court must individually designate and separate each exhibit using a single 8 1/2” by 11” page with the exhibit designation set forth in the middle of the page in type not smaller than 12 points. For example: EXHIBIT 1
Conventionally filed documents must be scan-ready and comply with California Rules of Court 2.100 et seq.; light pencil, physical objects, non-8½-by-11-inch pages, and excessively folded or creased pages generally cannot be entered electronically.
1. All documents must comply with the requirements of California Rules of Court, rule 2.100, et seq., and be in a condition which allows them to be scanned into the court’s electronic case management system. Light-colored pencil writings, physical objects, pages measuring more or less than 8 ½” x 11” and, without limitation, pages which have been excessively folded or creased, are generally unable be entered into the court’s electronic system.
Any proposed order submitted to the court must be a stand-alone document, except that Judicial Council Forms are exempt from this rule.
A. Any proposed order submitted to the court must be submitted as a stand-alone document. This rule does not apply to Judicial Council Forms.
Documents filed electronically with the court must comply with all requirements stated in Local Rule 126.
E. Documents electronically filed with the court must comply with the requirements set forth in Local Rule 126.
Documents with attached exhibits must use continuous sequential page numbering beginning on page 1 and continuing through the final exhibit, including exhibit-designation pages.
3. All pleadings, motions, declarations, and other documents filed with the court which include attached exhibits must be numbered sequentially beginning on page 1 of the motion, declaration or pleading, and continuing in order until the last page of the last exhibit attached thereto. Exhibit designation pages shall be included in the sequential numbering.
Documents may not be amended by interlineation, and absent specific judicial-officer authorization, changes must be made by filing an amended pleading or document.
No complaint, information, petition, application, or other document may be amended by interlineation. Unless specifically allowed by a judicial officer, changes to documents must be made via the filing of an amended pleading or document.
An emailed legal research copy must be a PDF labeled with the case number, submitting party, document title, and hearing date.
Legal research copies submitted to this address must be in PDF format and be labeled as follows: Case No., Submitting Party, Document title, hearing date.
Evidence directed for a motion in limine hearing must be placed in a binder and lodged with the clerk at the filing window.
evidence is directed. The binder shall be lodged with the clerk of the court at the filing window.
Trial exhibits must include at least four accurate copies, Bates-stamped pages, and a USB flash drive containing all documents for the court, with copies at counsel table, the witness stand, and for the court.
There shall be made available for use at trial, at least four (4) true and correct copies of all exhibits to be referenced during trial. The parties must have the pages of all exhibits Bates stamped. A USB flash drive containing all documents shall be provided to the court. Each party shall have a copy of the exhibits at counsel table. A copy of the exhibits shall be located at the witness stand, and the court shall be provided with a copy of all exhibits for its own reference during testimony.
Each party must seek identification marking before referencing an exhibit, include only one document per exhibit, and use the exhibit designation in later references.
Each party shall request that an exhibit be marked for identification before referencing it. Each exhibit shall only be made up of one (1) document per exhibit. Any subsequent reference to the exhibit shall mention the exhibit designation so the appellate record is clear.
A stay-of-execution application not using Form UD-10 must include the quoted landlord/owner notice on the first or last page in at least 12-point type.
Any Applications submitted without the use of Form UD-10 must on either the first or last page, include the following advisement in at least 12-point type: NOTICE TO LANDLORD/OWNER: You are being served with a copy of this Application because the Defendant in this case has sought an order staying execution of a Judgment and Writ of Possession previously issued. If you wish to oppose the Application, you should immediately file and serve your written opposition. If a hearing is set in regard to the Application, you will be mailed notice by the court. Please see Kings County Superior Court Local Rule 404 for more information about this process.
Relief requests not submitted on the optional forms or formatted as a motion or petition will not be forwarded, and letters or notes requesting relief will not be considered.
B. Requests for relief which are not on the optional form(s) and/or otherwise formatted as a motion/petition will not be forwarded for judicial action. Letters or notes requesting relief under California Penal Code section 1170.18 and California Health & Safety Code section 11361.8 may not be considered by the court.
The clerk will not file a pleading that cannot be fully scanned into the electronic case management system and remain readable by the assigned judicial officer or public.
The court clerk will not file any pleading which is unable to be fully scanned into the court’s electronic case management system in a form which will thereafter be readable by the assigned judicial officer and/or public.
Exhibit stickers must be typed, or they must be handwritten and legible.
All exhibit stickers must be typed or, if handwritten, be legible.
Every page of an exhibit containing ten or more pages must be consecutively numbered in the bottom-right corner.
All pages of any exhibits that are ten (10) pages or more shall be consecutively numbered on the bottom-right corner.
Trial exhibits may not be filed with the court and must be brought to trial as an original plus three copies, for four total sets.
D. Trial exhibits shall not be filed with the court. The parties shall bring to trial an original plus three (3) copies of each exhibit (a total of 4 sets).
Each party must file and serve an exhibit list at least ten days before trial, using letters for petitioners and other parents and numbers for respondents to designate exhibits consecutively.
B. No later than ten (10) days before trial, each party shall file and serve an Exhibit List which identifies each exhibit a party expects to introduce at trial. Petitioners (and any party identified as an “Other Parent”) shall designate each exhibit consecutively with letters, i.e., A, B, C; and respondents shall designate each exhibit consecutively with numbers, i.e., 1, 2, 3.
An attorney introducing more than ten exhibits must premark each exhibit sticker in the back bottom-right corner with its designation, case number, and trial date.
Any attorney intending to introduce more than ten (10) exhibits on behalf of a party shall pre-mark each exhibit sticker on the back, bottom-right corner which includes the exhibit alphabetic or numeric designation, the case number and date of trial.
A filing with attached exhibits must be sequentially paginated from page 1 through the last exhibit, including exhibit-designation pages.
All pleadings, motions, declarations, and other documents filed with the court which include attached exhibits must be numbered sequentially beginning on page 1 of the motion, declaration or pleading, and continuing in order until the last page of the last exhibit attached thereto. Exhibit designation pages shall be included in the sequential numbering.
Exhibit stamps should not be used to create exhibit designations.
Exhibit stamps should not be used to create the exhibit designation.
Each exhibit in a pleading, motion, declaration, or other court document must have a separate letter-sized designation page with the designation typed in at least 12-point type.
all pleadings, motions, declarations, and other documents filed with the court must individually designate and separate each exhibit through the use of a single 8 1/2” by 11” page with the exhibit designation set forth thereon in type not smaller than 12 points.
Exhibit tabs should not be used to separate exhibits from pleadings, motions, declarations, or other documents because they cannot be easily scanned into the court’s electronic case-management system.
Since they cannot be easily scanned into the court’s electronic case management system, exhibit tabs should not be used to separate exhibits from pleadings, motions, declarations, or other documents.
Electronically filed documents must, to the extent practicable, follow the formatting rules applicable to paper pleadings and any additional format required by the court.
All electronically filed documents, to the extent practicable, must be formatted in accordance with the applicable rules governing formatting of paper pleadings, and in such other or further format as the court may require.
The title entered in the electronic filing system must match the document caption title.
The document title entered on the e-filing system must be the same as that reflected in the caption of the document.
Oversized exhibit tabs or dividers that make a page exceed 8½ by 11 inches should not be used because they are difficult to scan.
5. Since they cannot be easily scanned into the court’s electronic case management system, exhibit tabs or other dividers which cause the page to exceed 8½” x 11” should not be used to separate exhibits from pleadings, motions, declarations, or other documents.
Exhibit stamps should not be used; exhibit designators must be typewritten or handwritten so they can be searched by OCR.
4. Exhibit stamps should not be used to create the exhibit designation. Exhibit designators must be typewritten or handwritten, as stamps are not able to be searched by optical character recognition (OCR).
The exhibit index should appear immediately before the first exhibit-designation page and should be included in the document’s sequential page numbering.
7. The index should be located immediately before the first exhibit designation page and included in the sequential numbering provided for in paragraph (3).
An order or judgment must include some text on the signature page so the signature page is connected to the remainder of the document.
B. It is the policy of the Kings County Superior Court not to sign orders or judgments unless some portion of the text of the order or judgment appears on the page to which the judicial officer’s signature is affixed, so that the connection between the signature page and the remainder of the order or judgment is apparent.
An order or judgment must include some of its text on the page bearing the judicial officer's signature so the signature page is connected to the remainder of the document.
D. It is the policy of the Kings County Superior Court not to sign orders or judgments unless some portion of the text of the order or judgment appears on the page to which the judicial officer’s signature is affixed, so that the connection between the signature page and the remainder of the order or judgment is apparent.
All documents must be hole-punched according to the clerk’s directions.
All documents shall be hole punched in accordance with directions from the clerk.
Document Filing Requirements123 rules
The written report must state whether the minor understands the proceedings and has a rational and factual basis for understanding, together with the basis for those conclusions.
In the written report, the expert shall opine whether the minor has the understanding and whether he or she has a rational and factual basis understanding of the proceedings against him or her. The expert shall also state the basis for these conclusions.
Document Type
Competency Evaluation Report
When the expert finds the minor incompetent, the report must address the likelihood of attaining competence in the foreseeable future and recommend effective remediation services if attainment is likely.
If the expert concludes that the minor lacks competency, the expert shall give his or her opinion on whether the minor is likely to attain competence in the foreseeable future, and, if so, make recommendations regarding the type of remediation services that would be effective in assisting the minor in attaining competency.
Document Type
Competency Evaluation Report
The expert must submit a written competency evaluation report to the court, minor’s counsel, the probation department, and the prosecution.
The expert must submit a written report to the court, minor’s counsel, the probation department, and the prosecution in compliance with Cal. Rule of Court 5.645.
Document Type
Competency Evaluation Report
The written competency report must contain the listed information, including referral and competency definition, expert qualifications, evaluation procedures, developmental history, evaluation results, competency analysis, treatment opinion, and placement or service recommendations.
The report must include the following:
Document Type
Written Report
A court-appointed expert's competency report must be submitted to the court, child's counsel, probation department, and prosecution.
The expert's report must be submitted to the court, to the counsel for the child, to the probation department, and to the prosecution.
Document Type
Written Report
A Tenderloin Housing Clinic notice must include the case number of every active case to which it applies.
B. Any party causing a Tenderloin Housing Clinic notice to be filed with the court must include thereon the case number of each active case to which it is intended to apply.
Document Type
Notice Of Unavailability Of Counsel
A party that changes its electronic notification address during a pending action or proceeding must promptly file the change electronically and serve notice on all other parties or their attorneys of record.
A party whose electronic notification address changes while the action or proceeding is pending must promptly file a notice of change of address with the court electronically and must serve this notice on all other parties or their attorneys of record.
Document Type
Notice Of Change Of Address
A pleading, motion, declaration, or other filed document with more than one attached exhibit must include an index describing each exhibit, its designation, and its page number.
6. All pleadings, motions, declarations, and other documents filed with the court which include more than one attached exhibit must include an index which sets forth a description of the exhibit, its exhibit designation, and its page number.
Document Type
Documents With Multiple Exhibits
Proposed orders submitted after an opposed civil motion must comply with California Rules of Court rule 3.1312 and Local Rule 306.
C. Proposed orders submitted after an opposed motion in a civil case shall comply with California Rules of Court, rule 3.1312 and Local Rule 306.
Document Type
Proposed Order
The filing-fee exemption information must appear in the upper-right corner above the case caption without interfering with the clerk's file stamp.
This information must appear in the upper right-hand corner of the document above the case caption in an area that will not interfere with the clerk affixing a file stamp.
Document Type
Document Submitted For Filing
Unless notice is waived or the court orders otherwise, the prevailing party must prepare, serve, and file the proposed order as required by California Rules of Court, rule 3.1312.
Unless the parties waive notice or the court orders otherwise, the party prevailing on any motion must prepare, serve, and file the proposed order in the manner provided for in California Rules of Court, rule 3.1312.
Document Type
Motion
Parties must state their position on the applicable scope of judicial review in the memoranda supporting and opposing issuance of the writ.
H. Scope of Review – The scope of the court’s review (i.e., "substantial evidence" vs. "independent judgment") depends upon the nature of the relief sought and a variety of other factors. The parties must state their position on this issue in the memoranda filed in support of and in opposition of the issuance of the writ.
Document Type
Memoranda In Support Or Opposition
The parties must draft and lodge at least five court days before the hearing a stipulation and proposed order listing all in limine motions they agree should be granted.
The parties shall draft a stipulation and proposed order to be lodged not less than five (5) court days prior to the motion in limine hearing date, setting forth all motions that the parties agree should be granted by the court.
Document Type
Stipulation And Proposed Order
A motion in limine filer must include a declaration of good cause and a detailed account of all compliance attempts when a party is unrepresented or opposing counsel refuses to comply with paragraph B.
In cases where one party is unrepresented and/or opposing counsel is refusing to comply with the requirements set forth in paragraph B, the party filing a motion in limine must submit a declaration with their motion setting forth good cause for their failure to comply with this local rule of court. The declaration must set forth in specific detail all attempts made by the filing party to comply with paragraph B.
Document Type
Declaration
Each motion requiring a ruling must have a proposed order submitted with it, either within the motion or as a separate pleading, with blank boxes for the court's disposition and any modification.
A proposed order must be submitted for each motion to be ruled on by the court. The proposed order shall be submitted with the motion in limine to which it applies. The proposed order, which may be submitted at the end of the relevant motion or as a separate pleading, shall include blank boxes so that the court may mark the motion granted, denied, denied without prejudice to renew at an appropriate time, or modified (with space for the modification).
Document Type
Proposed Order
The parties must lodge a joint list and copies of requested jury instructions and verdicts, identify disputes, and provide a USB flash drive containing all proposed jury instructions together with hard copies.
I. A joint list of jury instructions and verdicts, with any disputes clearly identified for the court. The parties shall lodge copies of the requested jury instructions and verdicts with the court consistent with California Rules of Court, rule 2.1050 et seq. and California Rules of Court, rule 3.1580. A USB flash drive containing all proposed jury instructions must be provided to the court along with hard copies;
Document Type
Jury Instructions
The declaration submitted for a status conference must include a proposed order resetting the conference to a date after the applicable responsive pleading deadline.
In addition, the declaration must be accompanied by a proposed order resetting the conference to a date beyond the applicable responsive pleading deadline.
Document Type
Declaration
A stay-of-execution application must use Local Form UD-10 or a declaration containing the same information.
Any Application for Stay of Execution must be presented using Kings County Superior Court Local Form UD-10 or a declaration which includes the same information.
Document Type
Application For Stay Of Execution
A compromise involving a minor or incompetent adult requires an account of services rendered, the hourly fee charged, and an itemization of costs incurred.
This necessitates submission of an account of the services rendered, hourly fee charged, and itemization of the costs incurred.
Document Type
Account Of Services And Costs
Each defendant seeking to stay execution of a writ of possession must file a separate application.
A separate Application must be filed by each Defendant seeking to stay execution of a writ of possession.
Document Type
Application
The trustee must file a titled probate petition, attach the order approving the compromise as an exhibit, and obtain a noticed hearing.
The trustee shall file a petition in the probate file entitled “Petition for Review of Compliance with Order pursuant to Probate Code section 3602 or 3604,” attach a copy of the order approving the compromise of the minor or incompetent adult’s claim as an exhibit and cause the petition to be set for a noticed hearing.
Document Type
Petition
A copy of the settlement trust must be provided to the judge hearing the civil matter for review of legal compliance.
A copy of the trust is to be provided to the judge in the civil proceeding hearing the matter, who shall review the trust terms for compliance with the law.
Document Type
Trust
The petitioner must complete the Live Scan application with the requested information and provide valid photo identification to the Live Scan provider.
Petitioner shall complete the Live Scan application form with the requested information and provide the Live Scan provider valid photo identification.
Document Type
Live Scan Application
A default-judgment application must include supporting testimony from competent witnesses with personal knowledge of the essential facts, or an affidavit or declaration from those witnesses, except for cases governed by Code of Civil Procedure section 585(a); declarations under section 585(d) are preferred.
A. To obtain a default judgment a plaintiff shall present testimony in support of his or her claim by competent witnesses having personal knowledge of the essential facts, or file an affidavit or declaration by such witnesses, except for cases governed by Code of Civil Procedure section 585(a). Applications for default judgment on declarations pursuant to Code of Civil Procedure section 585(d) is the preferred procedure.
Document Type
Default Judgment Application
For most inmate claims, the initial pleading should attach relevant administrative decisions or state the inability to obtain them and provide specific facts showing exhaustion or grounds for excuse or waiver.
COURT POLICY #3: Regarding most inmate claims, some showing of a prefiling exhaustion of administrative remedies is required. To make the required showing, litigants should attach copies of relevant administrative decisions to their initial pleading and/or state therein an inability to obtain such documents along with those specific facts demonstrating exhaustion or grounds for excuse/waiver of the same.
Document Type
Initial Pleading
The judgment creditor must submit a declaration showing the post-judgment interest calculations and any applicable dates and amounts for cost or credit adjustments.
The judgment creditor must also submit to the court a declaration in support of the post-judgment interest which provides the calculations performed, including any applicable dates and amounts for adjustments related to costs or credits.
Document Type
Declaration In Support Of Post Judgment Interest
A judgment creditor seeking to add accrued post-judgment interest to a writ of execution or application for renewal of judgment must file and serve form MC-012.
A judgment creditor adding accrued post-judgment interest to the enforceable amount owed on a Writ of Execution or Application for Renewal of Judgment must file and serve Memorandum of Costs After Judgment (form MC-012).
Document Type
Writ Of Execution Or Application For Renewal Of Judgment
Expert or investigative fees for indigent defendants ordinarily require prior court approval, which may be issued ex parte and kept confidential until the case concludes.
Expert and investigative fees for indigent defendants shall not normally be paid or reimbursed unless prior approval for the expenditures has been obtained by court order, which may be issued ex parte and kept confidential until the conclusion of the case.
Document Type
Expert Or Investigative Fee Claim
A fee claim must disclose all previously requested fee amounts and whether each request was granted or denied.
The claim shall disclose all amounts of fees previously requested pursuant to the attached order and indicate whether the request was granted or denied.
Document Type
Expert Or Investigative Fee Claim
Before trial, counsel offering a sound recording must have a typed transcription prepared at the proponent’s expense and certified as a true transcription.
Prior to the commencement of any trial, a typed transcription of any sound recording which counsel expects to offer into evidence shall be prepared at the direction and expense of the proponent of the evidence and shall be certified by the preparer as containing a true transcription of such recorded statement.
Document Type
Recording Transcript
Each expert or investigative fee claim form must include a copy of the court order authorizing the fee.
A copy of the order authorizing the fee shall be attached to each claim form requesting payment for such fee.
Document Type
Expert Or Investigative Fee Claim
The proponent of a sound recording must prepare enough transcript copies for jurors, the judicial officer, opposing parties and counsel, the court reporter, and the clerk.
The proponent of such recording shall prepare enough copies of such transcript for each of the following persons to have a copy: each juror and alternate juror, the judicial officer, each opposing party, each opposing counsel, the court reporter, and the clerk.
Document Type
Recording Transcript
Filing & Service rules
Electronic Filing Rules
The court prohibits direct fax filing of documents.
The Kings County Superior Court does not accept direct facsimile filing of documents.
Page 15 | RULE 112 – Facsimile Machine (Fax) Filing
Electronic filings must be made through the court’s designated Vendor using confidential representative credentials, which may not be knowingly or recklessly used by unauthorized persons.
The electronic filing of documents must be affected using the court’s electronic service providers (“Vendor”). Vendor information is available on the court’s website. The Vendor will assign a confidential username and password to each party representative, which will be used to file, serve, and receive pleadings, orders, and other documents electronically filed in the case. No attorney or party representative may knowingly or recklessly authorize or permit his/her username or password to be utilized by anyone other than the authorized attorneys or employees of the attorney’s law firm.
Page 23 | General and Administrative Rules
A party otherwise required to use electronic filing and service may seek exemption for undue hardship or significant prejudice by filing a fact-supported written request with the initial pleading or later based on new facts, lodging a proposed order, and obtaining a judicial order before failing to comply.
A party that is otherwise required to file and serve documents electronically may be excused from the requirements if the party shows undue hardship or significant prejudice. A written request for exemption which sets forth verified facts demonstrating undue hardship or significant prejudice must be filed at the time of initial appearance in the case and served along with the party’s initial pleading. Written requests for exemption submitted after the filing of a party’s initial pleading must be based upon new or additional facts unknown to the party at the time of first appearance. The requesting party shall lodge a proposed order with the court. The court may summarily grant or deny the request based upon the facts set forth by the requesting party or, where additional information is required, schedule the matter for hearing. However, in the absence of a judicial order granting exemption from these rules, all parties to whom this rule applies must comply with its provisions.
Page 23 | General and Administrative Rules
A motion to seal must be filed electronically, while the documents subject to sealing must be filed and lodged conventionally.
A motion to file documents under seal must be filed electronically. Sealed documents must be filed and lodged conventionally.
Page 24 | General and Administrative Rules
Effective July 1, 2021, filing in the Civil Division is mandatory through the court's electronic-filing portal.
Effective July 1, 2021, the court will no longer accept filing in the Civil Division in any manner other than Electronic Filing. Documents can be filed online by going to: https://www.kings.courts.ca.gov/onlineservices/index.htm
Page 25 | C. MANDATORY CIVIL ELECTRONIC FILING (E-FILING)
E-filing documents related to criminal or traffic matters is prohibited unless the presiding judge expressly authorizes it.
Absent express authorization of the presiding judge, no party or counsel may submit document related to any criminal or traffic matter via e-filing.
Page 27 | K. CRIMINAL AND TRAFFIC CASES
Unless a judicial officer orders otherwise, documents may not be submitted for filing to courtroom clerks or judicial officers and must instead be submitted through the Clerk’s Office or the court’s electronic filing system.
A. Except as otherwise ordered by a judicial officer, parties may not submit documents to courtroom clerks and/or judicial officers for filing. All documents to be filed with the court must be submitted via the Clerk’s Office or the court’s electronic filing system.
Page 27 | RULE 126 – Submission of Documents for Filing
Unrepresented persons are exempt from mandatory electronic filing and electronic service.
Unrepresented persons are exempt from mandatory electronic filing and service.
Page 23 | General and Administrative Rules
A notice of conventional filing of a qualifying exhibit must be filed and served electronically.
A notice of such filing must be filed and served electronically.
Page 24 | General and Administrative Rules
During a noticed electronic-system outage, documents may be filed by conventional means.
During noticed periods of inoperability, documents may be filed by conventional means.
Page 25 | D. TECHNICAL PROBLEMS
The court permits electronic filing of documents under the stated statutory and court rules.
The Superior Court of California, County of Kings allows the electronic filing of documents in accordance with Code of Civil Procedure section 1010.6 and California Rules of Court, rules 2.255 et seq.
Page 22 | RULE 125 – Electronic Filing (E-Filing) Rules
Non-text exhibits, physical objects, and documents not readily susceptible to electronic filing may be filed or lodged conventionally in accordance with the clerk’s directions.
Exhibits to declarations or other documents that are non-text articles, physical objects, or other documents not readily susceptible to electronic filing may be filed or lodged conventionally and in accordance with the direction of the clerk.
Page 24 | General and Administrative Rules
The court permits electronic submission of jury instructions only upon court order.
B. Upon order of the court, jury instructions may be submitted to the court electronically.
Page 62 | RULE 508 – Jury Instructions
Filing Timing and Cure Windows
Parties must disclose competency experts at least five court days before the hearing.
Experts must be disclosed at least five (5) court days prior to the hearing.
Page 4 | V. Appointment of Expert Psychologist/Psychiatrist
The competency evaluation must be submitted to the court at least two court days before the competency hearing.
The evaluation must be submitted to the court at least two (2) court days before the hearing.
Page 5 | VI. Expert Report
For criminal filings involving in-custody defendants nearing a 48-hour arraignment or probable-cause deadline, documents are due by 1:00 p.m. for Monday-Thursday hearings and 11:00 a.m. for Friday hearings.
Hearings scheduled on Monday through Thursday: All documents must be submitted to the court no later than 1:00 p.m. Hearings scheduled on Friday: All documents must be submitted to the court no later than 11:00 a.m.
Page 15 | RULE 111 – Time for Filing
Standard documents received before 4:00 p.m. are filed that day, while documents received after 4:00 p.m. are filed the next court day.
All standard filings – All documents will be filed with the date they are submitted or deposited in the court’s drop box when received before 4:00 p.m. that day. All documents submitted after 4:00 p.m. will be filed on the next court day.
Page 15 | RULE 111 – Time for Filing
Documents for a next-day appearance must be submitted no later than 3:00 p.m. on the day before the hearing.
All filings in connection with next day appearances – All documents in connection with a next day appearance must be submitted to the court no later than 3:00 p.m. the day before the hearing is scheduled.
Page 15 | RULE 111 – Time for Filing
The declaration of notice must be filed by 10:00 a.m. on the preceding court day.
The declaration of notice must be filed no later than 10:00 am on the court day prior to the intended hearing.
Page 17 | RULE 115 – Filing of Documents for Ex Parte Hearings
An electronically transmitted document is duly filed only after it has been submitted to and accepted for filing by the court.
Electronically transmitted documents must be both submitted to the court and accepted for filing by the court in order to be considered duly filed with the court in accordance with these rules.
Page 22 | RULE 125 – Electronic Filing (E-Filing) Rules
Electronic documents received on a court day are deemed filed that day, and documents received on a non-court day are deemed filed the next court day; the court’s confirmation serves as proof of filing.
Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a non-court day shall be deemed filed on the next court day. The court will issue a confirmation that the document has been received and filed. The confirmation shall serve as proof that the document has been filed.
Page 23 | General and Administrative Rules
A document served by hand in open court and its proof of service must be electronically filed before the close of business on the following court day.
The document and proof of service must be e-filed before the close of business on the court day following service by hand in open court.
Page 24 | General and Administrative Rules
An unexpected Vendor- or court-caused technical failure that prevents electronic filing or service automatically extends the deadline by one court day, with filing or service to occur the next court day electronically or conventionally if the system remains unavailable.
At certain times, unexpected technical problems may temporarily preclude a User from electronic filing or serving one or more documents. Only those unexpected technical problems occurring at the fault of the Vendor or the court will provide “good cause” for an automatic one court day extension of an electronic filing or service deadline. In such circumstances, the document must be served or filed on the next court day; electronically or, if the system remains inoperable, by conventional means.
Page 25 | D. TECHNICAL PROBLEMS
A document rejected for violating the e-filing prohibition is rejected, and the absence of notice of that rejection does not extend the original filing deadline.
The court will reject any documents submitted in violation of this rule. However, the failure of the court to notify a party/counsel about its rejection of a document submitted in violation of this rule will not excuse or otherwise extend the original filing deadline for the document.
Page 27 | K. CRIMINAL AND TRAFFIC CASES
Plaintiff must file a certificate of progress every 90 days describing the insurer claim and any arbitration progress.
Plaintiff shall file with the court a certificate of progress every ninety (90) days, advising the court of the status of his claim against his insurer and the progress of the arbitration proceeding, if any.
Page 33 | RULE 203 – Uninsured Motorist Cases
An objection to having the regularly assigned judicial officer conduct the settlement conference must be filed and served within 15 calendar days after service of the court's Notice of Trial, or the objection is waived for all purposes.
Any party’s objection to the settlement conference being conducted by the regularly assigned judicial officer must be filed and served within fifteen (15) days after service of the Notice of Trial by the court. Failure to file a timely objection shall waive the objection for all purposes.
Page 36 | RULE 207 – Mandatory Settlement Conference
When publication notice or service is required, proof of publication must be filed at least five court days before the motion hearing.
In any matter, including probate petitions, petitions for change of name, or other civil matters, where notice or service by publication is a prerequisite for the court’s ability to entertain the petition, motion, or proceeding, proof of publication shall be filed with the court at least five (5) court days before the motion is to be heard.
Page 41 | Civil Law and Motion
A required legal research copy must be submitted no later than the filing of the underlying document with the court.
Legal research copies must be submitted simultaneously with, or prior to, the actual filing of the document with the court.
Page 43 | RULE 309 – Legal Research Copy
A motion in limine and any opposition must be filed at least five court days before the date the court will consider it.
All motions in limine and any opposition thereto must be filed with the court not less than five (5) court days prior to date on which they will be considered by the court.
Page 44 | RULE 311 – Motions in Limine
The parties' stipulation and proposed order must be lodged no later than five court days before the motion in limine hearing.
The parties shall draft a stipulation and proposed order to be lodged not less than five (5) court days prior to the motion in limine hearing date, setting forth all motions that the parties agree should be granted by the court.
Page 44 | RULE 311 – Motions in Limine
The parties must exchange their in limine motions at least fifteen court days before the hearing, and the court encourages electronic transmission.
The parties must exchange their in limine motions not less than fifteen (15) court days prior to the motion in limine hearing date. The court encourages parties to utilize available forms of electronic transmission.
Page 44 | RULE 311 – Motions in Limine
The evidence binder must be lodged with the clerk at least five court days before the scheduled motion in limine hearing.
The binder must be lodged not less than five (5) court days prior to the scheduled motion in limine hearing date.
Page 45 | Civil Law and Motion
Exhibits not marked during the pretrial conference or motion in limine hearing must be presented to the clerk at least two court days before trial for marking.
Exhibits that are not marked during the Pretrial Conference or Motion in Limine Hearing must be presented to the clerk at least two (2) court days prior to the start of trial for marking;
Page 46 | RULE 312 – Rules for Civil Trial
When a party submits a declaration to explain compliance efforts, the declaration must be filed at least five court days before the scheduled unlawful detainer status conference.
The declaration must be filed with the court at least five (5) court days prior to the scheduled conference.
Page 52 | RULE 404 – Procedures in Unlawful Detainer Cases
In an unlawful detainer case, the plaintiff must file a Request to Set Case for Trial (UD-150) within 15 days after the answer is filed, unless a judgment, dismissal request, or notice of conditional settlement has already been filed.
Within fifteen (15) days from the date the unlawful detainer answer is filed, the plaintiff shall file a Request to Set Case for Trial (UD-150), unless a judgment, request for dismissal, or notice of conditional settlement has been filed.
Page 52 | RULE 404 – Procedures in Unlawful Detainer Cases
In a quiet-title action, an evidentiary hearing is mandatory before default judgment, and the requesting party must reserve the hearing date before filing the default-judgment request and supporting documents.
E. In quiet title actions, an evidentiary hearing on a quiet title claim is mandatory before default judgment will enter. (Code Civ. Proc. §764.010.) A party requesting entry of default judgment in quiet title actions must reserve a date for the evidentiary hearing prior to the filing of the request for entry of default judgment and supporting documents.
Page 57 | RULE 408 – Default Judgment
When personal testimony will be offered, all default-judgment supporting documents must be filed as one packet at least 10 court days before the hearing, with written notice of the reserved hearing time, date, and location.
All documents in support of the default judgment must be filed with the clerk’s office as a single packet and at least ten (10) court days prior to the scheduled hearing date. Included in such packet shall be a form of written notice setting forth the reserved time, date, and location of the hearing.
Page 57 | RULE 408 – Default Judgment
Written opposition to a motion in limine must be filed and served at least five court days before trial confirmation.
F. Any written opposition to a filed and serve motion in limine shall be filed and served not less than five (5) court days prior to trial confirmation.
Page 63 | Criminal Rules
All traffic-case motions must be filed at least ten court days before the scheduled hearing.
D. All motions in traffic cases must be filed and served not less than ten (10) court days prior to the scheduled hearing date.
Page 72 | RULE 540 – Available Procedures for Persons Charged with Infractions, D
A request for a court trial must be received by the court on or before the date printed on the relevant citation or ticket.
A. Any person desiring to personally appear before a judge and to confront and cross-examine witnesses in court may request a court trial. The request for court trial must be received by the court on or before the date set forth on the relevant citation or ticket.
Page 72 | RULE 541 – Requesting a Trial in Connection with Contested Infractions, A
The executed Counter Arraignment for Contested Infraction and required bail must be received at least fifteen days before the scheduled trial date.
Upon timely receipt of the executed Counter Arraignment for Contested Infraction and required bail amount, the court clerk will issue a Subpoena - Notice of Trial Date to the citing law enforcement officer. Executed Counter Arraignment for Contested Infraction and required bail amounts must be received by the court not less than fifteen (15) days prior to the scheduled court trial date.
Page 72 | RULE 541 – Requesting a Trial in Connection with Contested Infractions, D
Before filing a motion, petition, or application, its hearing date must be cleared with the court clerk, and the date will be vacated if the reviewing judicial officer determines no hearing is required.
F. The Traffic Division of the Kings County Superior Court is not in session every day of the week, nor every week of the month. Accordingly, all hearing dates must be cleared with the court clerk prior to the filing any motion, petition, or application. If it is determined by the reviewing judicial officer that a hearing is not required, the hearing date will be vacated.
Page 72 | RULE 540 – Available Procedures for Persons Charged with Infractions, F
Any opposition in a Juvenile Court motion must be filed and served two court days before the scheduled hearing.
and any opposition must be filed and served two (2) court days before the scheduled hearing.
Page 76 | RULE 603 – Motion Requirements
Opposition to an ex parte request must be submitted by 10:00 a.m. on the date notice was provided.
Any opposition to the ex parte request shall be submitted no later than 10:00 a.m. on the date for which notice was provided.
Page 90 | B. Procedure and Notice
Ex parte applications submitted after 10:00 a.m. are held and not considered until the next day.
Any ex parte applications submitted after 10:00 a.m. will be held and not considered until the next day.
Page 90 | B. Procedure and Notice
Ex parte applications must be submitted by 10:00 a.m. on the date notice was provided.
All ex parte applications shall be submitted to the court by 10:00 a.m. on the date for which notice was provided.
Page 90 | B. Procedure and Notice
Documents submitted for the counselor's consideration must be filed in the court file at least five days before Child Custody Recommending Counseling.
Any documents that a party wants the Child Custody Recommending Counselor to consider, must be filed in the court file no less than five (5) days prior to Child Custody Recommending Counseling.
Page 96 | RULE 718 – Child Custody Recommending Counseling in Child Custody and/or Visitation Matters
Service and Proof of Service Rules
An expert's report and qualifications must be disclosed to the opposing party within a reasonable time and no later than five court days before the competency hearing.
The expert’s report and qualifications shall be disclosed to the opposing party within a reasonable time before, but no later than five court days before, the hearing.
Page 12 | Appendix 1: California Welfare and Institutions Code § 709
Documents served by hand in open court may be served conventionally, but the document and proof of service must be electronically filed by the close of the next court day, and the proof must state the original open-court service date.
Documents served by hand in open court during trial (including motions, memoranda of points and authorities, and other matters presented to the court in writing for decision) may be served conventionally. The document and proof of service must be e-filed before the close of business on the court day following service by hand in open court. In addition, the proof of service must reference the date the document was originally served in open court.
Page 24 | General and Administrative Rules
A party changing its electronic notification address must promptly serve notice on all other parties or their attorneys of record.
A party whose electronic notification address changes while the action or proceeding is pending must promptly file a notice of change of address with the court electronically and must serve this notice on all other parties or their attorneys of record.
Page 26 | E. OBLIGATION TO KEEP INFORMATION CURRENT
The Notice of Judicial Assignment must accompany service of the complaint and summons, and that service must be reflected in the proof of service filed with the court.
Notice of Judicial Assignment must be served with the Complaint and Summons and such service reflected in the proof of service filed with the court.
Page 32 | RULE 202 – Service of Summons and Filing of Proof of Service
A plaintiff must serve all named defendants and file the original summons and proof of service within 60 days after filing the complaint; notice of judicial assignment must also be served and reflected in the proof of service.
A. A plaintiff shall serve all named defendants, return and file the original summons and proof of service within sixty (60) days from the date the complaint is filed. Notice of Judicial Assignment must be served with the Complaint and Summons and such service reflected in the proof of service filed with the court.
Page 32 | RULE 202 – Service of Summons and Filing of Proof of Service
Proof of service of the Case Management Conference notice must be filed within 60 days after the complaint is filed and may be combined with the proof of service for the summons, complaint, or cross-complaint.
Proof of service of notice of a Case Management Conference shall be filed with the court within sixty (60) days from the date the complaint is filed and may be included in the proof of service of the summons and complaint or cross-complaint.
Page 34 | RULE 205 – Case Management Conference
Plaintiff must serve each defendant with a copy of the Notice of Case Management Conference together with the summons and complaint.
Plaintiff shall serve a copy of the Notice of Case Management Conference on each defendant along with the summons and complaint.
Page 34 | RULE 205 – Case Management Conference
A new cross-defendant served after the initial conference must receive notice of pending conferences, assigned trial or settlement dates, and other court-set dates or conference orders.
If a new cross-defendant is served after the initial Case Management Conference, the cross-complainant shall serve the new cross-defendant with notice of any pending Case Management Conference, any assigned trial or settlement conference dates, and any other dates set by the court or orders made at the Case Management Conference.
Page 34 | RULE 205 – Case Management Conference
Plaintiff must serve a defendant newly added or identified after the initial conference with the summons and complaint and notice of pending court dates, assigned conferences, and conference orders.
If the plaintiff adds a new defendant or identifies a fictitiously named defendant after the initial Case Management Conference, along with the summons and complaint, plaintiff shall serve the newly named defendant with notice of any pending Case Management Conference, any assigned trial and settlement conference dates, and any other dates set by the court or orders made at the Case Management Conference.
Page 34 | RULE 205 – Case Management Conference
A party filing and serving a cross-complaint before the Case Management Conference must serve each new cross-defendant with the conference notice, summons, and cross-complaint.
Any party who files and serves a cross-complaint prior to the Case Management Conference shall serve on each cross-defendant who is a new party to the action, a copy of the Notice of Case Management Conference along with the summons and cross-complaint.
Page 34 | RULE 205 – Case Management Conference
A moving party must timely file proof of service; noncompliance may result in removal from calendar, continuance, or sanctions, but the rule does not apply to ex parte matters.
Failure to timely file such proof of service in accordance with California Rules of Court, rule 3.1300, may result in the matter being dropped from calendar or continued, at the court’s option, as well as an order for sanctions payable to other parties inconvenienced by the offending party. This rule does not apply to ex parte matters.
Page 39 | RULE 302 – Moving Party’s Duty to File Proof of Service
The submitting party must serve every other party with a copy of the executed order using a Notice of Entry of Judgment or Order (CIV-130).
C. Once signed, orders submitted to the court pursuant to California Rules of Court, rule 3.1312 will be returned only to the submitting party. It is the responsibility of the submitting party to serve all other parties with a copy of the executed order via Notice of Entry of Judgment or Order (CIV-130).
Page 41 | Civil Law and Motion
When the respondent or real party in interest is a board or commission, service must be made on its presiding officer, secretary, or a majority of its members.
C. Persons to be Served – Where the respondent or real party of interest is a board or commission, service must be made upon the presiding officer, or upon the secretary, or upon a majority of the members of such board or commission.
Page 41 | Civil Law and Motion
A verified prerogative-writ petition must be served before filing, and the application must include proof of service on the respondent and real party in interest.
A. Service of Petition – Code of Civil Procedure section 1107 requires service of the verified petition before it is filed and requires that the application for a writ be accompanied by proof of service of a copy of the application upon the respondent and the real party in interest.
Page 41 | Civil Law and Motion
A prerogative-writ petition may be filed without proof of service, but the court cannot take action other than summary denial until the service requirements are met.
The petition may be filed without a proof of service, but no action (other than summary denial) can be taken on the petition unless there is compliance with the service provisions of Code of Civil Procedure sections 1107 and 1088.5 and (E) below.
Page 41 | Civil Law and Motion
A prerogative-writ petition must be served in the same manner as a summons and complaint.
B. Manner of Service – A petition must be served in the same manner as summons and complaint.
Page 41 | Civil Law and Motion
An issued alternative writ must be served like a summons in a civil action unless the court orders otherwise.
If issued, it must be served in the same manner as a summons in a civil action unless the court orders otherwise.
Page 42 | Civil Law and Motion
Absent good cause or a waiver by the responding party, an alternative writ will not issue unless the application is served at least five days before the ex parte hearing.
Absent a showing of good cause or waiver by the responding party, an alternative writ will not issue unless the application is served at least five (5) days before the ex parte hearing.
Page 42 | Civil Law and Motion
When service is made by posting in an unlawful detainer case, proof of service must be filed within 15 days after issuance of the posting order.
If service is made by posting, proof of service must be filed within fifteen (15) days of issuance of the order.
Page 52 | RULE 404 – Procedures in Unlawful Detainer Cases
The plaintiff must serve notice of the unlawful detainer status conference's date, time, and location on all named defendants using the same method as service of the complaint.
Notice of the date, time and location of the status conference shall be served by the plaintiff upon all named defendants in the same manner as the unlawful detainer complaint.
Page 52 | RULE 404 – Procedures in Unlawful Detainer Cases
Within 15 days after filing an unlawful detainer complaint, the plaintiff must serve all named defendants and file proof of service, or file an application for service by posting.
Within fifteen (15) days from the date the unlawful detainer complaint was filed, a plaintiff shall either serve all named defendants and file a proof of service with the court or file an application for service by posting.
Page 52 | RULE 404 – Procedures in Unlawful Detainer Cases
Before default or default judgment against a fictitiously named defendant, a compliant proof of service demonstrating personal service of the complaint, summons, and any amendment must be filed.
Before any default or default judgment will be entered by the court against a fictitiously named defendant, a proof of service must be filed which fully complies with the provisions of California Code of Civil Procedure section 474 or otherwise demonstrates personal service upon the fictitiously named defendant of a copy of the Complaint, Summons, and Amendment to Complaint providing adequate notice to the fictitiously named defendant of his involvement in the litigation.
Page 53 | Miscellaneous Civil Rules
Proofs of service for fictitiously named defendants must include a physical description of the individual served.
All proofs of service reflecting service of the Complaint, Summons and/or Amendment to Complaint upon a fictitiously named defendant shall include a physical description of the individual served.
Page 53 | Miscellaneous Civil Rules
Documents served after default against one or more named defendants must comply with Code of Civil Procedure section 1010.
Service of any documents following the entry of default against one or more named defendants in the litigation shall comply with the provisions of Code of Civil Procedure section 1010.
Page 53 | Miscellaneous Civil Rules
An opposition to a stay-of-execution application must be filed and served at least two court days before the hearing.
The opposition shall be filed and served not less than two (2) court days prior to the hearing.
Page 54 | Miscellaneous Civil Rules
Before filing, the stay-of-execution application must be served on the opposing party or attorney of record by personal delivery, overnight mail, or electronic service, with proof of service filed simultaneously.
Prior to filing, an Application for Stay of Execution must be served via personal delivery, overnight mail, or electronic service upon the opposing party or their attorney of record. Proof of service must accompany the Application at the time of filing.
Page 54 | Miscellaneous Civil Rules
The opposition may be served by personal delivery, overnight mail, or electronic service.
Service of the opposition shall be completed via personal delivery, overnight mail, or electronic service.
Page 55 | Miscellaneous Civil Rules
Form MC-012 must be served when a judgment creditor adds accrued post-judgment interest to the enforceable amount sought.
A judgment creditor adding accrued post-judgment interest to the enforceable amount owed on a Writ of Execution or Application for Renewal of Judgment must file and serve Memorandum of Costs After Judgment (form MC-012).
Page 59 | RULE 409 – Declaration in Support of Post-Judgement Interest Calculations
The District Attorney must receive notice of a sentence- or probation-modification motion at least fifteen days before the hearing.
Notice of the motion shall be given to the District Attorney at least fifteen (15) days prior to any hearing date for such motion.
Page 61 | RULE 504 – Applications for Modification of Sentence or Terms of Probation
The moving party must deliver a copy of the motion to the Probation Office at least fifteen days before the hearing.
The moving party must also deliver a copy of the motion to the Probation Office at least fifteen (15) days prior to the date for hearing.
Page 61 | RULE 504 – Applications for Modification of Sentence or Terms of Probation
Motions in limine must include proof of service upon the opposing party.
4. All motions in limine with proof of service upon the opposing party attached; and,
Page 63 | Criminal Rules
A copy of any sound-recording transcript that counsel expects to play or offer into evidence must be served on opposing counsel.
Opposing counsel shall be served with a copy of any transcript of any sound recording which counsel expects to play and/or offer into evidence.
Page 67 | RULE 525 – Felony Trial Confirmation Hearings
Traffic-case motions must be served at least ten court days before the hearing, and proof of service must be filed with the court.
D. All motions in traffic cases must be filed and served not less than ten (10) court days prior to the scheduled hearing date. Proof of service must be filed with the court.
Page 72 | RULE 540 – Available Procedures for Persons Charged with Infractions, D
The motion for additional time must be filed and served at least 20 days before the deadline it seeks to extend.
The motion must be filed and served at least twenty (20) days prior to the deadline the party seeks to extend.
Page 74 | RULE 580 – Petitions for Writ of Habeas Corpus
Filing Fees and Waivers
Users must pay all required filing fees for electronically filed documents to the Vendor, which must remit the fees to the clerk.
Each User must pay all required filing fees for electronically filed documents to Vendor. Vendor must remit filing fees to the clerk.
Page 26 | H. PAYMENT OF STATUTORY FILING FEES
The applicable court-fee form must be filed simultaneously with a request for a court reporter.
Court Fees (form FW-001 or form FW-001-GC in guardianship or conservator cases) must be filed at the same time as the request for court reporter.
Page 31 | Court Fees
A party exempt from filing fees under Government Code section 6103 must identify the exemption and the exempt parties on the document's first page.
Any party who is exempt from filing fees pursuant to Government Code section 6103 must so indicate on the first page of the document submitted for filing and must specifically indicate which parties are exempt.
Page 31 | RULE 132 – Government Entities Exempt from Filing Fees
Papers joining another party's motion will not be treated as a separate motion or yield relief unless the joining party pays the required filing fees and satisfies all motion-filing requirements, including notice, format, and service.
If a party desires to receive the same relief as another party and files papers “joining” another party’s motion, the court will not consider the papers to be a separate motion and will not grant relief to the party joining the motion unless that party has complied with all procedural requirements for the filing of motions, including the payment of filing fees, proper notice, format of motion and method of service.
Page 44 | RULE 310 – Joining Motions of Other Parties
When the trust is subject to Probate Code section 17200 and California Rule of Court 7.903, the trustee must open a probate proceeding and pay the first-petition filing fee.
If the order of the court provides that the trust is subject to the provisions of Probate Code section 17200 and California Rule of Court, rule 7.903, the trustee shall open a new probate proceeding and pay a “first petition” filing fee.
Page 55 | RULE 405 – Compromise of Minors or Incompetent Adults
Inmates filing a petition for writ of mandate or civil complaint for damages must pay the full scheduled filing fee by installments from their trust account, and a fee waiver does not excuse payment.
COURT POLICY #2: Inmates pursuing claims via a petition for writ of mandate or civil complaint for damages will be charged the full amount of the scheduled filing fee in accord with California Government Code section 68635. Under California Government Code section 68635, the fee is collected by installment payments paid from the inmate’s trust account. A granted Fee Waiver does not excuse an inmate from paying the required fee. In addition, the entire filing fee must be paid even if the petition is summarily denied, or judgment is entered without a hearing on the merits.
Page 57 | COURT POLICY #2
Except for Domestic Violence Prevention Act applications, applications require the appropriate fee or fee waiver, the original application, and two copies.
Except for applications for orders filed under the Domestic Violence Prevention Act, all applications must be submitted with the appropriate fee or fee waiver, the original application, and two (2) copies of the application.
Page 90 | B. Procedure and Notice
A special proceeding dismissed under Rule 729 may be reinitiated only by filing a new petition and paying new filing and investigation fees.
No special proceeding dismissed by the court in accordance with this rule shall be reinitiated without the filing of a new petition and payment of new filing and investigation fees.
Page 105 | RULE 729 – Dismissal of “Special Proceeding” Petitions
A complaint or other first paper in an unlawful detainer case for more than $10,000 through $35,000 requires a $385 filing fee.
8 Complaint or other first paper in unlawful detainer (amount over $10,000 up to $35,000) GC 70613(a), 70602.5, CCP 1161.2 $ 385*
Page 1 | INITIAL FILING FEES IN CIVIL CASES — Limited Civil Cases
A complaint or other first paper in an unlawful detainer case over $35,000 requires a $435 filing fee.
2 Complaint or other first paper in unlawful detainer case over $35,000
Page 1 | INITIAL FILING FEES IN CIVIL CASES — Unlimited Civil Cases
A complaint or other first paper in a limited civil case for more than $10,000 through $35,000 requires a $370 filing fee.
7 Complaint or other first paper (amount over $10,000 up to $35,000) GC 70613(a), 70602.5 $ 370*
Page 1 | INITIAL FILING FEES IN CIVIL CASES — Limited Civil Cases
Each non-plaintiff party's answer or other first paper in a limited civil case for more than $10,000 through $35,000 requires a $370 filing fee.
9 Answer or other first paper filed by each party other than plaintiff (amount over $10,000 up to $35,000) (including unlawful detainer) GC 70614(a), 70602.5 $ 370*
Page 1 | INITIAL FILING FEES IN CIVIL CASES — Limited Civil Cases
Each non-plaintiff party's answer or other first paper in an unlimited case over $35,000 requires a $435 filing fee.
5 Answer or other first paper filed by each party other than plaintiff (amount over $35,000) (including unlawful detainer) GC 70612, 70602.5, 70602.6 $ 435*
Page 1 | INITIAL FILING FEES IN CIVIL CASES — Unlimited Civil Cases
A complaint or other first paper in an unlimited civil case involving more than $35,000 requires a $435 filing fee.
1 Complaint or other first paper in unlimited civil case (amount over $35,000), including: GC 70611, 70602.5, 70602.6 $ 435*
Page 1 | INITIAL FILING FEES IN CIVIL CASES — Unlimited Civil Cases
A petition for a decree changing a person's name or gender requires a $435 filing fee.
4 Petition for a decree of change of name or gender
Page 1 | INITIAL FILING FEES IN CIVIL CASES — Unlimited Civil Cases
A complaint or other first paper in an unlawful detainer case for $10,000 or less requires a $240 filing fee.
11 Complaint or other first paper in unlawful detainer (amount up to $10,000) GC 70613(b), 70602.5, CCP 1161.2 $ 240*
Page 1 | INITIAL FILING FEES IN CIVIL CASES — Limited Civil Cases
The rule applies to petitions for writs of review, mandate, or prohibition, except writ petitions to the appellate division.
3 Petition for a writ of review, mandate, or prohibition (other than a writ petition to the appellate division)
Page 1 | INITIAL FILING FEES IN CIVIL CASES — Unlimited Civil Cases
A complaint or other first paper in a limited civil case for $10,000 or less requires a $225 filing fee.
10 Complaint or other first paper (amount up to $10,000) GC 70613(b), 70602.5 $ 225*
Page 1 | INITIAL FILING FEES IN CIVIL CASES — Limited Civil Cases
Each non-plaintiff party's answer or other first paper in a limited civil case for $10,000 or less requires a $225 filing fee.
12 Answer or other first paper filed by each party other than plaintiff (amounts up to $10,000) (including unlawful detainer) GC 70614(b), 70602.5 $ 225*
Page 1 | INITIAL FILING FEES IN CIVIL CASES — Limited Civil Cases
Each non-plaintiff answer or other first paper in a small-claims case filed by an assignee with a declaration requires a $181 filing fee.
17 Answer or other first paper filed by each party other than plaintiff (case filed by assignee within small claims jurisdictional limit, with declaration) B&P 6322.1(c)(1), GC 70614(b), CCP 116.420 $ 181*
Page 2 | INITIAL FILING FEES IN CIVIL CASES — Limited Civil Cases
An amendment increasing a limited civil case from $10,000 or less to more than $10,000 but no more than $25,000 requires a $145 fee.
13 Amendment of complaint or of other first paper increasing amount at issue from $10,000 or less to more than $10,000 (but not exceeding $25,000) GC 70613.5(a) $ 145*
Page 2 | INITIAL FILING FEES IN CIVIL CASES — Limited Civil Cases
An assignee's amendment increasing a small-claims case to more than $10,000 but no more than $25,000 requires a $189 fee.
18 Amendment of complaint or of other first paper filed by assignee of record increasing amount at issue from within small claims limit to more than $10,000 (but not exceeding $25,000) GC 70613.5(a) $ 189*
Page 2 | INITIAL FILING FEES IN CIVIL CASES — Limited Civil Cases
An amendment reclassifying a case from limited to unlimited civil requires a $140 filing fee.
15 Amended complaint, cross-complaint, or amended cross-complaint that reclassifies case from limited civil to unlimited civil (CCP 403.060) GC 70619 $ 140
Page 2 | INITIAL FILING FEES IN CIVIL CASES — Limited Civil Cases
A complaint filed by a statutory high-frequency litigant in a construction-related accessibility case is subject to a $1,000 supplemental filing fee.
22 Supplemental fee for filing of a complaint by a “high-frequency litigant,” as defined in CCP § 425.55(b), in a construction-related accessibility case3 GC 70616.5 $ 1,000
Page 2 | INITIAL FILING FEES IN CIVIL CASES — Other Initial Filing Fees
A petition for forfeiture involving an impounded vehicle for which a claim was filed with the district attorney requires a $100 filing fee.
27 Petition for forfeiture where claim has been filed with district VC 14607.6(e)(4) $ 100
Page 2 | INITIAL FILING FEES IN CIVIL CASES — Other Initial Filing Fees
A cross-complaint or amendment in an assignee-filed small-claims case that increases the amount to more than $10,000 but no more than $25,000 requires a $189 fee.
19 Cross-complaint or amendment of cross-complaint in case filed by assignee with declaration, increasing amount at issue from within small claims limit to more than $10,000 (but not exceeding $25,000) GC 70613.5(b) $ 189*
Page 2 | INITIAL FILING FEES IN CIVIL CASES — Limited Civil Cases
An assignee's complaint or other first paper within the small-claims jurisdictional limit, accompanied by a declaration, requires a $181 filing fee.
16 Complaint or other first paper within small claims jurisdictional limit filed by assignee of record (with declaration) B&P 6322.1(c)(1), GC 70613(b), CCP 116.420 $ 181*
Page 2 | INITIAL FILING FEES IN CIVIL CASES — Limited Civil Cases
A cross-complaint or amended cross-complaint increasing a case from $10,000 or less to more than $10,000 but no more than $25,000 requires a $145 fee.
14 Cross-complaint or amendment of cross-complaint increasing amount at issue from $10,000 or less to more than $10,000 (but not exceeding $25,000) GC 70613.5(b) $ 145*
Page 2 | INITIAL FILING FEES IN CIVIL CASES — Limited Civil Cases
A case designated as complex is subject to an additional $1,000 fee per defendant, capped at $18,000 total for the case.
21 Additional fee for case designated as complex (for each defendant, up to $18,000 total for case) GC 70616(b) $ 1,000
Page 2 | INITIAL FILING FEES IN CIVIL CASES — Other Initial Filing Fees
A case designated as complex is subject to one additional $1,000 fee for all plaintiffs.
20 Additional fee for case designated as complex (one fee for all GC 70616(a) $ 1,000
Page 2 | INITIAL FILING FEES IN CIVIL CASES — Other Initial Filing Fees
A petition for an order setting aside an estate of small value when no estate is pending for the decedent requires a $225 fee.
145 Petition for order setting aside estate of small value if no estate is pending for the decedent (Prob.C 6602) GC 70656(a), 70602.5 $ 225
Page 9 | PROBATE FEES
A petition to determine the fact of death to determine title to real property, or an objection or other opposition, requires a $435 fee.
135 Petition to determine the fact of death to determine title to real property and objections or other opposition (Prob.C 200) GC 70655(c)(4), 70602.5, 70602.6 $ 435*
Page 9 | PROBATE FEES
A first or subsequent petition for temporary letters of conservatorship or guardianship requires a $60 fee.
133 First or subsequent petition for temporary letters of GC 70657(a)(4) $ 60
Page 9 | PROBATE FEES
Courtesy Copy Requirements
For an ex parte application or opposition to be heard within two court days of filing, the moving and opposing parties must lodge an additional complete and unaltered copy of every filed document and exhibit, subject to stated exceptions.
In connection with ex parte applications or oppositions to ex parte applications to be heard by the court within 2 court days of filing, the moving party and any party opposing the application, shall lodge an additional copy of all filed documents and exhibits. The additional copy provided for under this rule shall be a compete unaltered photograph of the documents and exhibits filed. Legal research copies are not required in connection with ex parte applications for orders shortening time and ex parte applications and/or oppositions filed more than 2 court days prior to the hearing. There is no exception for documents which are electronically filed.
Page 43 | RULE 309 – Legal Research Copy
Any party filing documents within 2 courts days of a regularly scheduled motion hearing must lodge an additional complete, unaltered photocopy of all filed documents and exhibits.
In connection with any regularly scheduled motion, any party filing a document within 2 courts days of the noticed hearing date, shall lodge an additional copy of all filed documents and exhibits. The additional copy provided for under this rule shall be a complete and unaltered photocopy of the documents and exhibits filed. Unless expressly ordered by the assigned judicial officer, legal research copies are not required in connection with any document filed more than two court days prior to the hearing of a regularly scheduled motion. There is no exception for documents that are electronically filed.
Page 43 | RULE 309 – Legal Research Copy
Counsel filing a law and motion matter must deliver one courtesy copy of the motion to the courtroom clerk for the assigned Department during an open session.
At the time any law and motion matter is filed with the court, counsel filing the motion shall deliver a courtesy copy of the motion to the courtroom clerk for the Department to which the matter will be assigned during an open session of that Department.
Page 64 | RULE 510
Electronically filed-document legal research copies may be submitted to research.copies@kings.courts.ca.gov, and that address is reserved exclusively for legal research copies and is not monitored for communications.
In all instances where documents are filed electronically, legal research copies required by this Rule may be submitted via the following email address: research.copies@kings.courts.ca.gov. The email address may be used only for the submission of legal research copies and will not be monitored for communications.
Page 43 | RULE 309 – Legal Research Copy
When the underlying documents are not electronically filed, legal research copies may be submitted in person at filing or by email as previously authorized.
In all instances where documents are not electronically filed, legal research copies may be submitted in person at the time of filing or by emails as set forth above.
Page 43 | RULE 309 – Legal Research Copy
Sealing & Redaction Procedures
Sealed documents must be filed and lodged conventionally rather than electronically.
A motion to file documents under seal must be filed electronically. Sealed documents must be filed and lodged conventionally.
Page 24 | General and Administrative Rules
Form FL-328 must appear as the first page of the child custody evaluation report and must remain confidential.
Custody Evaluation Report (form FL-328) shall be attached as the first page of the child custody evaluation report, and the report shall be filed into the court’s database at least ten (10) days before the hearing and shall remain CONFIDENTIAL.
Page 99 | Family Court Rules – Child Custody Evaluation Reports
Reports submitted to the court remain confidential, may be protected by court-ordered protective measures, and generally may not be disclosed to nonparties or their attorneys.
All reports to the court will remain confidential, and their duplication and dissemination may be subject to appropriate protective orders as determined by the court. In no event will any such report be shown to any individual not a party to the proceeding, or to their attorneys, except by order of the court.
Page 99 | Family Court Rules – Child Custody Evaluation Reports
Counsel and parties are solely responsible for redacting personal identifiers and privileged or confidential information; the clerk will not review filings for redaction compliance, and violations may result in sanctions.
The responsibility for redacting personal identifiers and privileged or confidential information rests solely with counsel and the parties. The clerk will not review each pleading or other paper for compliance. The court may impose sanctions for violation of these requirements.
Page 26 | F. RESPONSIBLE FOR REDACTION
Filing Bundling Requirements
All evidence supporting or opposing an opposed motion in limine must be compiled into one binder.
All documentary evidence relied on in support of or in opposition to a motion in limine regarding which an opposition has been offered, must be compiled into a single binder.
Page 44 | RULE 311 – Motions in Limine
Trial exhibits must be presented to the court in a binder or another arrangement organized for the clerk to process during trial.
Exhibits shall be presented the court in a binder or other organized fashion ready for the clerk’s processing during trial.
Page 46 | RULE 312 – Rules for Civil Trial
For default judgment based only on declarations or affidavits, the parties must comply with California Rules of Court rule 3.1800 and submit the required materials together as one packet.
B. When submitting a matter for default judgment on declarations or affidavits only, the parties must comply with California Rules of Court, rule 3.1800. The materials required by Rule 3.1800(a) must be submitted together as a single packet.
Page 57 | RULE 408 – Default Judgment
Pre-Motion Conference Requirements
The parties must discuss the exchanged in limine motions orally or in writing and seek to narrow the disputes or issues presented to the court.
The parties must discuss orally or in writing the exchanged motions with an eye towards limiting the disputes or issues to be addressed by the court.
Page 44 | RULE 311 – Motions in Limine
Before lodging a motion in limine, the parties in every civil case must meet and confer.
Prior to lodging any motion in limine with the court, the parties to all civil cases must meet and confer
Page 44 | RULE 311 – Motions in Limine
Before bringing a trial motion, the parties must meet to attempt an informal resolution.
Before bringing any trial motion, the parties shall meet to discuss whether they can reach an informal resolution.
Page 48 | 5. Motions
Adjournment & Extension Requirements
After report disclosure, the court must grant a reasonable continuance when the opposing party requests additional preparation time and demonstrates good cause.
If, after disclosure of the report, the opposing party requests a continuance in order to further prepare for the hearing and shows good cause for the continuance, the court shall grant a continuance for a reasonable period of time.
Page 12 | Appendix 1: California Welfare and Institutions Code § 709
The court may extend time for service of process, filing a proof of service, or filing responsive pleadings for good cause by noticed motion or ex parte application, but the request must be filed before the initial deadline expires.
B. The court may extend any time requirement for service of process or for filing a proof of service or responsive pleadings upon a showing of good cause on noticed motion or by ex parte application. The motion or application must be filed before the expiration of the initial period within which the act is required to be done.
Page 32 | RULE 202 – Service of Summons and Filing of Proof of Service
A motion to extend the time to file the return of summons and proof of service must state the earliest reasonably achievable service date so the court can set a date certain.
C. When applying to the court to extend time to file the return of the summons and proof of service based upon the conditions stated in Code of Civil Procedure section 583.240, the plaintiff shall set forth in the motion the earliest date within which service may reasonably be achieved so that the court may set a date certain for service and filing of a proof of service.
Page 32 | RULE 202 – Service of Summons and Filing of Proof of Service
A trial date may be vacated or continued only for good cause through a duly noticed motion complying with California Rules of Court 3.1332 and 3.1335.
B. No trial date may be vacated or continued, except for good cause upon a duly noticed motion in a manner consistent with the provisions of California Rules of Court, rules 3.1332 and 3.1335.
Page 36 | RULE 208 – Continuances
Court-imposed deadlines, schedules, and other requirements may be changed only by court order obtained through a noticed motion or ex parte application showing good cause; a party stipulation alone is insufficient.
A. No time standard or deadline specified in these rules, nor any schedule, date, time limitation or other requirement imposed by any order made pursuant to these rules may be modified, extended, or voided by any stipulation or agreement of the parties unless a written order approving it is obtained from the court. Continuances, extensions, or modifications may be obtained by noticed motion or ex parte application, on a showing of good cause.
Page 36 | RULE 208 – Continuances
Unless the court orders otherwise, a moving party must give written notice and notify the clerk and assigned judge at least five court days before the hearing to take a law and motion matter off calendar.
Unless otherwise ordered by the court, any moving party who wishes to have a law and motion matter taken off calendar shall give written notice to all parties and shall notify the clerk and assigned judge in writing at least five (5) court days before the scheduled hearing date with proof of notification to all parties.
Page 39 | RULE 303 – Taking Law and Motion Hearing Off Calendar
The parties may take a law and motion matter off calendar by stipulation if the court receives written notice at least five court days before the hearing.
A law and motion matter may also be taken off calendar by stipulation of the parties, with written notice received by the court at least five (5) court days before the scheduled hearing.
Page 39 | RULE 303 – Taking Law and Motion Hearing Off Calendar
Permission from the assigned judge must be obtained within five court days of the hearing upon the request of all parties made in person, by conference call, or in writing.
Within five (5) court days of the hearing, permission to take the matter off calendar must be obtained from the assigned judge, upon request of all parties in person, by conference call, or in writing.
Page 39 | RULE 303 – Taking Law and Motion Hearing Off Calendar
A request to continue a law and motion hearing must be made by stipulation or motion, set forth good cause, and be submitted to the assigned judge at least five court days before the hearing with proof of notice to all parties.
Any request for continuance of a law and motion hearing shall be made by stipulation or motion setting forth good cause before the assigned judge at least five (5) court days before the scheduled hearing with proof of notification to all parties.
Page 40 | RULE 304 – Continuing a Law and Motion Hearing
Any small claims continuance request must be written and served on the opposing party or parties under Code of Civil Procedure section 116.570.
Any request for a continuance must be in writing and served on the opposing party or parties pursuant to Code of Civil Procedure section 116.570.
Page 51 | RULE 403 – Procedures in Small Claims Matters
A request to continue a trial beyond the statutory 20-day deadline must be presented by ex parte application under California Rules of Court rule 3.1200 et seq.
2. Any request to continue a trial date which will cause the date of trial to exceed the 20-day deadline set forth in California Code of Civil Procedure, section 1170.5(a), must be presented via ex parte application consistent with California Rules of Court, rule 3.1200, et seq.
Page 53 | Miscellaneous Civil Rules
Every request to continue or reschedule a trial date must show good cause.
E. Any request for continuance or rescheduling of a trial date must include a showing of good cause.
Page 72 | RULE 541 – Requesting a Trial in Connection with Contested Infractions, E
A party-initiated motion seeking additional time under California Rules of Court rule 4.552 must demonstrate good cause and include proof of service on all parties or their attorneys of record.
Any party-initiated motion for additional time to do any act set forth in California Rules of Court, rule 4.552 must demonstrate good cause and include proof of service upon all parties or their attorney of record.
Page 74 | RULE 580 – Petitions for Writ of Habeas Corpus
An extension request must be served at least ten days before the deadline sought to be extended, and the motion should include a proposed order stating the good-cause basis, although omission may delay processing.
served at least ten (10) days prior to the deadline to sought be extended. A proposed Order setting forth the good cause basis for the requested extension should be included with the motion. Failure to include a proposed order may delay processing of the party-initiated motion.
Page 75 | Criminal Rules
A continuance after service of an Order to Show Cause regarding contempt or examination of a judgment debtor will not be granted without a court appearance.
C. After service of an Order to Show Cause Re: Contempt or Order for Examination of Judgment Debtor, a continuance will not be granted without a court appearance.
Page 87 | RULE 704 – Continuances
An Order to Show Cause may be continued only with a Stipulation and Order or an Application and Order for Reissuance using Judicial Council Form FL-306, subject to Local Rule 304.
A. Continuances must comply with Superior Court of Kings County, Local Rule 304, an Order to Show Cause will only be continued with a Stipulation and Order or by submitting an Application and Order for Reissuance of Order to Show Cause [Judicial Council Form Number FL-306].
Page 87 | RULE 704 – Continuances
An unserved Order to Show Cause regarding contempt or examination of a judgment debtor requires the moving party to take the hearing off calendar, and any new hearing date requires a new order or application submitted to the court.
B. An Order to Show Cause Re: Contempt and Order for Examination of Judgment Debtor will not be reissued. If an Order to Show Cause Re: Contempt or Examination of Judgment Debtor is not served, the moving party shall take the hearing off calendar. If a new hearing date is sought, a new Order to Show Cause Re: Contempt or Application for Examination of Judgment Debtor must be submitted to the court.
Page 87 | RULE 704 – Continuances
In a personal-injury case, good cause for extending service time may be established by a declaration showing that the defendant's insurer was notified and settlement negotiations are likely to resolve the case without further litigation.
D. In personal injury cases, “good cause” for an extension of time to serve a named defendant may be established where the plaintiff’s declaration affirmatively shows that the defendant’s insurance carrier has been advised that an action has been filed and that settlement negotiations are in progress which are likely to resolve the case without further litigation.
Page 32 | RULE 202 – Service of Summons and Filing of Proof of Service
Failure to file timely proof of publication may result in removal from the calendar, continuance of the hearing, or sanctions payable to an inconvenienced party.
Failure to comply with this rule may result in removal of the matter from calendar, a continuance of the hearing in question, and sanctions payable to any party inconvenienced by the offending party.
Page 41 | Civil Law and Motion
In a small claims case, the court may continue a trial for up to 30 days when proof of service is missing, provided the plaintiff shows good cause and due diligence in attempting service.
If proof of service on any defendant in a small claims case has not been filed by the date set for trial, the court may order a continuance of the trial date for up to thirty (30) days to enable the plaintiff to effectuate service, upon showing of good cause and due diligence in attempting to effectuate service on the defendant.
Page 51 | RULE 403 – Procedures in Small Claims Matters
The court may continue a matter expected to take more than 20 minutes to accommodate the court’s calendar.
if it is apparent to the presiding family law judge or commissioner that a matter will take more than twenty (20) minutes, such matter may be continued by the court to accommodate its calendar.
Page 87 | RULE 705 – Hearings Estimated to Take More Than 20 Minutes