Kings Superior Court Filing Timing and Cure Windows

Deadline

5 court days

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.

Deadline

2 court days

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Deadline

15 calendar days

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.

Deadline

5 court days

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.

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.

Deadline

5 court days

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.

Deadline

15 court days

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.

Deadline

5 court days

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.

Deadline

5 court days

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.

Deadline

2 court days

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;

Deadline

5 court days

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.

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.

Deadline

10 court days

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.

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.

Deadline

5 court days

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.

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.

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.

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.

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.

Deadline

2 court days

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.

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.

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.

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.

Deadline

5 court days

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.

The custody evaluation report must be submitted to the court at least ten days before the hearing.

G. The report shall have affixed to the first page form FL-328 and shall be submitted to the court at least ten (10) days before the hearing.

The child custody evaluation report must be filed at least 10 days before the hearing and 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.

If the requested domestic violence restraining order is granted without a proposed order, the petitioner must prepare and submit the order by close of business on the hearing day unless the court orders otherwise.

Otherwise, the petitioner must immediately prepare an order to be submitted to the court no later than close of business on the day of the hearing, unless otherwise ordered by the court.

Deadline

12 court days

The telephonic-appearance request must be filed with the court clerk at least 12 court days before the hearing and served on the other parties or their attorneys and DCSS.

The Request must be filed with the court clerk at least twelve (12) court days before the hearing and served on all other parties or their attorneys and DCSS, so that objections can be made, if any.

The court may delay filing until the next court day or the date missing fees, identifying information, copies, or supporting documentation are received.

The failure to include sufficient fees, required case-identification information, adequate number of copies and/or supporting documentation with any filing, may result in the court’s good cause delay of the filing of the document(s) to the next court day or the date on which the missing information, copies, and/or fees are received.

Deadline

5 court days

Parties are advised to file and serve an objection to a temporary-judge assignment at least five court days before the scheduled proceeding.

B. If a party objects to having a proceeding heard by a commissioner acting as a temporary judge, the matter will be re-assigned and continued to the next available calendar date. To avoid the undue consumption of judicial resources and to minimize the inconvenience to the litigants, parties are advised to file and serve any objection to the assignment of a commissioner acting as a temporary judge, at least five (5) court days before the scheduled proceeding.

Deadline

2 court days

All documents for an ex parte order, except the declaration of notice, should be filed at least two court days before the scheduled hearing.

Parties wishing to obtain an ex parte order from the court in any civil, criminal, or other matter should file all documents, except the declaration of notice, at least two (2) court days prior to the scheduled hearing.

Late ex parte papers will be accepted, but the hearing or decision may be delayed to the next court day.

Late submitted ex parte papers will be accepted for filing and presentation to the appropriate judicial officer. However, parties are advised that the late submittal of documents may cause the hearing and/or decision thereon to be delayed to the next court day.

The clerk generally may not reject a noncompliant document, but may reject one made illegible by ink color and may delay filing when a signature's originality is doubtful pending confirmation.

C. Although the clerk may not reject for filing any document which fails to comply with this rule (Cal. R. Ct., rules 2.118, 2.135), the clerk reserves the right to reject the filing of any document that is rendered illegible by the color of ink used. The clerk may delay, pending confirmation from the submitting party, the filing of any document where the original character of a signature is in doubt.

A noticed maintenance period or other system inoperability does not automatically extend a filing or service deadline, but documents may be filed conventionally during the outage.

Maintenance or other system issues requiring a period of inoperability of the electronic system for which notice has been posted by the Vendor or on the court’s website, does not provide “good cause” for an automatic extension of any filing or service deadline. During noticed periods of inoperability, documents may be filed by conventional means.

A user's electronic-filing or service error does not receive an automatic one-court-day extension or excuse from electronic filing; users are encouraged to avoid last-minute submissions, and counsel error is governed by Code of Civil Procedure section 473(b).

Technical errors on the part of the User do not provide “good cause” for an automatic one (1) court day extension of relevant electronic filing or service deadlines, nor an excuse from e-filing requirements. Users are encouraged to take appropriate steps to avoid last- minute filings and service. Counsel error in connection with e-filing requirements must be addressed under California Code of Civil Procedure section 473, subdivision (b).

The e-filing Vendor must promptly confirm receipt of each transmitted or lodged document and state the receipt date and time in Pacific Time.

Vendor must promptly send Users confirmation of the receipt of any document that Users have transmitted to Vendor for filing or lodged with the clerk. Such confirmation must indicate the date and time of receipt stated in Pacific Time.

After a transmitted document is received, the clerk must review it and notify the Vendor whether it was accepted or rejected.

The clerk must review the document and transmit to the Vendor confirmation that the document has been reviewed, accepted, or rejected by the clerk.

The clerk must electronically endorse accepted filings or promptly send the User notice of rejection or amendment through the Vendor.

The clerk must electronically endorse any document accepted for filing in accordance with California Rules of Court, rule 2.259(e), or must promptly transmit the clerk’s notice of rejection or amendment to the User through Vendor.

Courtroom filings authorized by a judicial officer may be delayed in entering the court’s electronic records system, and conformed copies may also be delayed.

B. Documents allowed by a judicial officer to be submitted for filing in a courtroom may experience a delay in being entered into the court’s electronic records system. The providing of conformed copies may also be delayed.

Noncompliant conventionally filed documents may be delayed in entering the electronic case-management system or may not be considered by the court.

D. Conventionally filed documents failing to comply with these rules may result in the delayed entry of the document into the court’s electronic case management system and/or may not be considered by the court.

Deadline

10 calendar days

A request for an official court reporter ordinarily must be filed ten calendar days before the proceeding, but may be filed as soon as practicable.

A party requesting the services of an official court reporter must file their request with the Court ten (10) calendar days before the proceeding for which a court reporter is desired, or as soon as practicable.

A status conference is conducted within 45 days after filing an unlawful detainer complaint in pending cases where no default has been entered or no trial date has been set.

Within forty-five (45) days from the filing of the complaint, a status conference will be conducted in all pending unlawful detainer cases where a default has not been entered and/or a trial date has not been set by the court.

An ex parte application is forwarded to the assigned judicial officer immediately when Form FL-320 is filed or the response deadline lapses, whichever occurs first.

Ex parte applications will be forwarded to the assigned judicial officer for determination immediately upon the earlier of the filing of Judicial Council Form FL-320 and/or the lapsing of the deadline for the filing of a response by the responding party.

Deadline

5 court days

The Child Custody Recommending Counselor must file a counseling report no later than five court days before the hearing, or as soon as possible afterward, with copies available to the parties.

No later than five (5) court days prior to the hearing, or as soon thereafter as possible, the Child Custody Recommending Counselor will file a counseling report with the court, with copies available to the parties.

The court has discretion over whether documents submitted for filing on the hearing day will be filed or considered, subject to the filing-time rules in Local Rules 111 and 125.

The court will exercise its discretion in determining whether documents presented for filing on the day of a hearing will be filed and/or considered. See Local Rules 111 and 125 regarding filing times.