Lassen Superior Court Filing Timing and Cure Windows

CRITICALProposed or draft document; may not be in force

Motions in limine made on the day of trial must be filed before trial.

Such motions made on the day of trial shall be served and filed prior to trial, be in writing, and have a proposed order in writing.

CRITICALProposed or draft document; may not be in force

An eligible person may request remote appearance by providing the request to the court no later than when the case is called.

Any person entitled to be present under California Rules of Court, Rule 5.530(b) or authorized by court order may request to appear remotely and provide the request to the court no later than the time the case is called.

CRITICALProposed or draft document; may not be in force

When a technical problem prevents acceptance during regular filing hours, the court must deem the filing received that day if the filer demonstrates an attempt to file that day.

If a technical problem with respect to a court’s electronic filing system precludes the court from accepting an electronic filing during its regular filing hours on a particular court day, and the electronic filer demonstrates that he or she attempted to file on that day, the court must deem the filing received on that day.

CRITICALProposed or draft document; may not be in force

Fax filings received by 4:00 PM Pacific Time on a court business day are stamped with that date; later filings are stamped the next court business day, and receipt occurs when the last page arrives.

(c) Documents received by the court on or before 4:00 PM PSTPacific Time, on a court business day, will be file stamped with the court date received. Documents received after 4:00 PM PST Pacific Time will be file stamped as received the following court business day. A filing is considered to be received at the time the last page of the document is received.

CRITICALProposed or draft document; may not be in force

If a fax filing is rejected for any stated reason, the entire document, including its cover sheet, must be resubmitted.

If a document is rejected for filing due to missing or partial pages, facial defects, or other reasons, the entire document must be re-submitted, including the cover sheet.

CRITICALProposed or draft document; may not be in force

Juvenile dependency fax filings received by 4:00 PM Pacific Time on a court business day are stamped with that date; later filings are stamped with the following court business day’s date.

Documents received by the court on or before 4:00 PM PSTPacific Time, on a court business day, will be file stamped with the court date received. Documents received after 4:00 PM PST Pacific Time will be file stamped as received the following court business day.

CRITICAL

When a system problem prevents acceptance during regular filing hours, the court must deem the filing received that day if the filer demonstrates an attempt to file that day.

If a technical problem with respect to a court’s electronic filing system precludes the court from accepting an electronic filing during its regular filing hours on a particular court day, and the electronic filer demonstrates that he or she attempted to file on that day, the court must deem the filing received on that day.

CRITICAL

A fax filing is date-stamped on the court business day it is received if its last page arrives by 4:00 PM PST; later receipts are stamped the following court business day.

Documents received by the court on or before 4:00 PM PST, on a court business day, will be file stamped with the court date received. Documents received after 4:00 PM PST will be file stamped received the following court business day. A filing is considered to be received at the time the last page of the document is received.

CRITICAL

If a fax filing is rejected, the entire document, including the cover sheet, must be resubmitted; the court may call or mail a Notice of Return, and may seek alternate payment if a card charge is rejected.

If the credit/debit card issuing company rejects the charge, the court may call the filing party to seek alternate payment and/or mail a Notice of Return. If a document is rejected for filing due to missing or partial pages, facial defects, or other reasons, the entire document must be re-submitted, including the cover sheet. The court may call to notify the filing party of the rejection and/or mail a Notice of Return.

CRITICAL

The court will confirm filing to the submitter if the document meets filing requirements and all required fees have been paid.

If the document received complies with filing requirements and all required filing fees have been paid, the court will send confirmation that the document has been filed to the party or person who submitted the document.

CRITICAL

Prison defense-related claims must be submitted early enough to be forwarded to the County for filing with the SCO by the deadlines in PC § 4750; otherwise, the Court will not process them.

Any claims submitted outside of a timeframe sufficient for the claims to be forwarded to the County for filing with the SCO within the deadlines established in PC § 4750 will not be processed by the Court.

WARNINGProposed or draft document; may not be in force

Fax filings in the Appellate Division are accepted during normal business hours.

Fax filings in the Appellate Division will be accepted during normal business hours.

WARNINGProposed or draft document; may not be in force

Electronic filings in the Appellate Division are accepted during normal business hours.

Electronic filings will be accepted in the Appellate Division during normal business hours.

WARNINGProposed or draft document; may not be in force

The court may notify the filing party of a fax-filing rejection by telephone and/or by mailing a Notice of Return.

The court may call to notify the filing party of the rejection and/or mail a Notice of Return.

WARNINGProposed or draft document; may not be in force

A juvenile dependency fax filing is considered received when its last page arrives.

A filing is considered to be received at the time the last page of the document is received.

WARNINGProposed or draft document; may not be in force

The court will promptly send the submitter a receipt confirmation stating the date and time an eDelivered document was received.

(c) Upon receipt of an eDelivered document, the court will promptly send a confirmation of receipt of the document indicating the date and time of receipt to the party or person who submitted the document.

WARNINGProposed or draft document; may not be in force

If an eDelivered document meets filing requirements and required fees are paid, the court will send the submitter confirmation that it has been filed.

(d) If the document received complies with filing requirements and all required filing fees have been paid, the court will send confirmation that the document has been filed to the party or person who submitted the document.

WARNINGProposed or draft document; may not be in force

When an eDelivered document is rejected for noncompliance or nonpayment, the court will notify the submitter and state the rejection reasons and notice date.

(e) If the clerk of the court does not file a document received by the court because the document does not comply with applicable filing requirements or the required filing fee has not been paid, the court will send notice of the rejection of the document for filing to the party or person who submitted the document. The notice of rejection will state the reasons that the document was rejected for filing and include the date the clerk of the court sent the notice.

WARNING

A party who fails to timely serve and file written opposition generally may not present oral argument, except for the specified Penal Code section 1538.5 motions or as otherwise ordered by the court.

Except on motions brought pursuant to the provisions of Penal Code section 1538.5 and set for hearing at a felony preliminary examination, a party who has not timely served and filed written opposition to a motion will not be permitted oral argument, absent a court order.

WARNING

Fax filings in the Appellate Division are accepted during normal business hours.

Fax filings in the Appellate Division will be accepted during normal business hours.

WARNING

If an unknown transmission error or the court’s failure to process a received fax prevents filing, the sender may move for an order filing the document nunc pro tunc.

If the facsimile filing is not filed by the court because of (1) an error in the transmission of the document to the court which was unknown to the sending party or (2) a failure to process the facsimile filing when received by the court, the sending party may move the court for an order filing the document nunc pro tunc.

WARNING

The Appellate Division accepts electronic filings during normal business hours.

Electronic filings will be accepted in the Appellate Division during normal business hours.

WARNING

When an eDelivered document is rejected for noncompliance or nonpayment, the court will notify the submitter of the reasons and the date the notice was sent.

If the clerk of the court does not file a document received by the court because the document does not comply with applicable filing requirements or the required filing fee has not been paid, the court will send notice of the rejection of the document for filing to the party or person who submitted the document. The notice of rejection will state the reasons that the document was rejected for filing and include the date the clerk of the court sent the notice.

INFO

The court will promptly send the submitter a receipt confirmation showing the date and time an eDelivered document was received.

Upon receipt of an eDelivered document, the court will promptly send a confirmation of receipt of the document indicating the date and time of receipt to the party or person who submitted the document.

CRITICALCriminal cases

Counsel must file the original advisory form with the Court within five days of arraignment.

Counsel for the defendants shall file the original document with the Court within five days of the arraignment.

CRITICALCivil cases

The placement-change report must be filed with the court within five days of the placement change.

Such reports shall be filed with the court, and served on counsel of record in the proceeding, within five days of any change in placement.

CRITICALCivil cases

Reports must be filed with the Court and served on counsel of record within five days of a placement change.

Such reports shall be filed with the Court, and served on counsel of record in the proceedings, within five days of any change in placement.

CRITICALProposed or draft document; may not be in force

Deadline

16 court days

The filing period for a motion is 16 court days under CCP §1005(b).

The time for filing a motion, response, and reply will be observed (CCP §1005(b): 16 court days; 9 court days; and 5 court days), and the clerk shall mark any late-filed document with an appropriate stamp so indicating.

CRITICALProposed or draft document; may not be in force

Deadline

5 calendar days

The LSC-FL-100 status conference statement must be filed at least five calendar days before each case status conference.

A Family Law Case Management: Status Conference Statement (LSC-FL-100) shall be filed and served on all other parties at least five (5) calendar days before each case status conference.

CRITICALProposed or draft document; may not be in force

The At-Issue Memorandum filer must serve and file the listed documents at least 30 days before the first trial setting conference.

The party who has filed the At-Issue Memorandum shall serve and file at least thirty (30) days prior to the first trial setting conference all of the following: A completed Income and Expense Declaration, a current Property Declaration, one for community property and one for separate property, if any, and a completed Family Law Case Management: Settlement Conference Statement (LSC-FL-101).

CRITICALProposed or draft document; may not be in force

The party who did not file the At-Issue Memorandum must serve and file the listed documents at least 15 days before the first trial setting conference.

The party not filing the At-Issue Memorandum shall serve and file at least fifteen (15) days prior to the first trial setting conference all of the following: A completed Income and Expense Declaration, a current Property Declaration, one for community property and one for separate property, if any, and a completed Family Law Case Management: Status Conference Statement (LSC-FL-100), or Family Law Case Management: Settlement Conference Statement (LSC-FL-101).

CRITICALProposed or draft document; may not be in force

After the court decides outstanding issues following trial, the designated party must prepare and submit the final judgment for filing within 10 days of the decision.

Following the trial and the court’s decision on outstanding issues, the court will designate one of the parties to prepare the final judgment within ten (10) days of the decision of the court and submit the same for filing.

CRITICALProposed or draft document; may not be in force

Deadline

10 court days

Unless an exception applies, criminal moving papers must include a Memorandum of Points and Authorities and be served and filed at least 10 court days before the hearing.

Except for motions to be heard at a felony preliminary examination, and unless otherwise ordered or specifically provided by law, all moving papers in criminal cases shall include a Memorandum of Points and Authorities and shall be served and filed at least ten (10) court days before the time appointed for hearing.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Papers opposing a criminal motion must be filed and served at least 5 court days before the hearing.

All papers opposing the motion shall be filed and served at least five (5) court days before the time appointed for hearing

CRITICALProposed or draft document; may not be in force

Deadline

2 court days

Reply papers in criminal motions must be filed and served at least 2 court days before the hearing.

all reply papers shall be filed and served at least two (2) court days before the time appointed for hearing.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

For a Penal Code section 1538.5 motion at the preliminary examination, the defendant must file the motion and supporting memorandum at least five court days before the examination.

A motion brought pursuant to section 1538.5 of the Penal Code may be made at the preliminary examination only if at least five (5) court days before the date set for the preliminary examination, the defendant has filed and personally served on the people a written motion accompanied by a Memorandum of Points and Authorities as required by paragraph (2) of subdivision (a) of Penal Code section 1538.5.

CRITICALProposed or draft document; may not be in force

Deadline

2 court days

The People must file a written response and personally serve it on the defendant or counsel at least two court days before the hearing.

Any written response by the People to the motion shall be filed with the court and personally served on the Defendant or his or her attorney of record at least two (2) court days prior to the hearing at which the motion is to be made.

CRITICALProposed or draft document; may not be in force

A Traffic Court Trial postponement objection must be filed or eDelivered within five days after service of the request.

The objection must be filed with or eDelivered to the Court within five (5) days from the date of service of the request.

CRITICALProposed or draft document; may not be in force

The Certificate of Competency must be submitted within ten days of the attorney’s first appearance in a dependency matter.

An attorney who appears in a dependency matter for the first time shall complete and submit LSC-JVDP-100, Certificate of Competency to Practice in Juvenile Dependency Court, to the court within ten (10) days of his or her first appearance in a dependency matter.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

The CourtCall appearance request form must be delivered to CourtCall at least 5 court days before the hearing.

CourtCall appearances are scheduled, in writing, in advance, by serving on all parties to the action and delivering (via fax, mail, or personal delivery) to CourtCall, not less than 5 court days prior to the hearing date, LSC-MIS-025, Request for CourtCall Telephonic Appearance form, and by paying the stated fee or fee waiver for each CourtCall appearance.

CRITICALProposed or draft document; may not be in force

A defendant seeking remote appearance at a traffic arraignment must submit the electronic request form by the Friday before the appearance date.

Defendants who wish to remotely appear for their traffic arraignment must submit the electronic Traffic Calendar Add-On Request form located on the Zoom Appearance page of the court’s website www.Lassen.Courts.CA.gov no later than the Friday before their appearance date.

CRITICALProposed or draft document; may not be in force

Deadline

15 calendar days

Each party must file a case management statement at least 15 calendar days before the case management conference or review.

No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement

CRITICALProposed or draft document; may not be in force

A plaintiff or cross-complainant must file a dismissal within 45 days after settlement, unless good cause is shown to avoid dismissal by the court.

Plaintiff/Cross-Complainant must file a dismissal within 45 days of settlement of the Complaint/Cross-Complaint. If the Plaintiff/Cross-Complainant fails to do so the court will dismiss the case unless good cause is shown why the case should not be dismissed (Rule of Court 3.1385(b)).

CRITICALProposed or draft document; may not be in force

An updated declaration must be filed with the court within five days after information in it changes.

When any information contained in the Declaration of Supervised Visitation Provider has changed, the provider must serve an updated version on all parties, their attorneys, and the child’s attorney, and then file with the court within five days of the change in information.

CRITICALProposed or draft document; may not be in force

Within five days after receiving the provider’s written notice, the parties must file a declaration about the provider’s disqualification.

Within five days of receipt of the provider’s written notice of ineligibility, the parties must file with the court a declaration containing all pertinent information related to the provider’s disqualification.

CRITICALProposed or draft document; may not be in force

Eligible attorneys must submit a new statement of compliance by February 28 in the third year after first certification and every third year thereafter.

On or before February 28 on the third year after the year in which the attorney is first certified and then every third year thereafter, attorneys eligible for family law appointment must submit a new statement of compliance.

CRITICALProposed or draft document; may not be in force

The request for appointment of a privately retained reporter must be filed at least 5 days before the hearing, unless the Court orders otherwise.

Parties retaining a reporter must file form LSC-MIS-200, Request for Appointment of Official Reporter Pro Tempore with the court at least 5 days prior to the hearing unless the Court orders otherwise.

CRITICALProposed or draft document; may not be in force

Claims for reimbursement of prison defense costs must be filed within six months after the close of the month in which the costs were incurred; later claims will not be reimbursed.

Claimants have six months after the close of the month in which the costs were incurred (PC § 4750(j)) to file a claim. Claims filed after the six-month deadline will not be reimbursed by SCO.

CRITICALProposed or draft document; may not be in force

Prison defense claims must be submitted early enough for forwarding to the County and filing with the SCO within the statutory deadlines, or the Court will not process them.

With this, the Court requires timely submission of all prison defense related claims. Any claims submitted outside of a timeframe sufficient for the claims to be forwarded to the County for filing with the SCO within the deadlines established in PC § 4750 will not be processed by the Court.

CRITICAL

Deadline

16 court days

The filing deadlines are 16 court days for a motion, 9 court days for a response, and 5 court days for a reply.

The time for filing a motion, response, and reply will be observed (CCP §1005(b): 16 court days; 9 court days; and 5 court days), and the clerk shall mark any late-filed document with an appropriate stamp so indicating.

CRITICAL

The party designated by the court must prepare and submit the final judgment for filing within ten days of the court’s decision.

Following the trial and the court’s decision on outstanding issues, the court will designate one of the parties to prepare the final judgment within ten (10) days of the decision of the court and submit the same for filing.

CRITICAL

Deadline

10 court days

Criminal moving papers must be served and filed at least ten court days before the hearing, subject to the stated exceptions.

all moving papers in criminal cases shall include a Memorandum of Points and Authorities and shall be served and filed at least ten (10) court days before the time appointed for hearing.

CRITICAL

Deadline

5 court days

Opposition papers in criminal cases must be filed at least five court days before the hearing, subject to the stated exceptions.

All papers opposing the motion shall be filed and served at least five (5) court days before the time appointed for hearing

CRITICAL

Deadline

2 court days

Reply papers in criminal cases must be filed at least two court days before the hearing, subject to the stated exceptions.

all reply papers shall be filed and served at least two (2) court days before the time appointed for hearing.

CRITICAL

Deadline

5 court days

Proof of service of criminal moving papers must be filed no later than five court days before the hearing.

Proof of Service of the moving papers shall be filed no later than five (5) court days before the time appointed for hearing.

CRITICAL

Deadline

5 court days

To make a Penal Code section 1538.5 motion at the preliminary examination, the defendant must file and personally serve the written motion and memorandum at least five court days before the examination.

A motion brought pursuant to section 1538.5 of the Penal Code may be made at the preliminary examination only if at least five (5) court days before the date set for the preliminary examination, the defendant has filed and personally served on the people a written motion accompanied by a Memorandum of Points and Authorities as required by paragraph (2) of subdivision (a) of Penal Code section 1538.5.

CRITICAL

Motions in limine made on the trial date must be filed before trial.

Such motions made on the day of trial shall be served and filed prior to trial, be in writing, and have a proposed order in writing.

CRITICAL

Counsel and self-represented litigants must submit proposed jury instructions in completed written form at least five days before trial begins.

No less than five (5) days prior to the date of commencement of trial, counsel and self-represented litigants shall submit to the court proposed jury instructions in completed written form.

CRITICAL

Previously certified attorneys must submit a new Certificate of Competency by February 28 of the third year after initial certification and every third year thereafter.

In order to retain certification to practice before the juvenile court, each attorney who has been previously certified by the court shall submit a new Certificate of Competency to the court on or before February 28 of the third year after the year in which the attorney is first certified and then every third year thereafter.

CRITICAL

After notice of impending decertification for missing training evidence, the attorney has 20 days from the mailing date to submit the evidence.

When a certified attorney fails to submit evidence that he or she has completed at least the minimum required training and education to the court by the due date, the court shall notify the attorney that he or she will be decertified. That attorney shall have 20 days from the date of mailing of the notice to submit evidence of his or her completion of the required training or education.

CRITICAL

The electronic request form for a remote traffic arraignment must be submitted no later than the Friday before the appearance date.

Defendants who wish to remotely appear for their traffic arraignment must submit the electronic Traffic Calendar Add-On Request form located on the Zoom Appearance page of the court’s website www.Lassen.Courts.CA.gov no later than the Friday before their appearance date.

CRITICAL

Any person entitled to be present under California Rules of Court, Rule 5.530(b) or authorized by court order may request to appear remotely and provide the request to the court no later than the time the case is called.

Any person entitled to be present under California Rules of Court, Rule 5.530(b) or authorized by court order may request to appear remotely and provide the request to the court no later than the time the case is called.

CRITICAL

Deadline

3 court days

the attorney for the party calling the witness may make a request on behalf of the witness by filing form RA-025 and serving a copy on all parties by any means authorized by law no later than three (3) court days before the hearing.

the attorney for the party calling the witness may make a request on behalf of the witness by filing form RA-025 and serving a copy on all parties by any means authorized by law no later than three (3) court days before the hearing.

CRITICAL

Applies to

Case management statement

Each party must file a case management statement and serve all other parties no later than 15 calendar days before the case management conference or review.

No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case.

CRITICAL

A plaintiff or cross-complainant must file a dismissal within 45 days after settlement of the complaint or cross-complaint.

Plaintiff/Cross-Complainant must file a dismissal within 45 days of settlement of the Complaint/Cross-Complaint.

CRITICAL

The provider must file the updated declaration with the court within five days after information in it changes.

When any information contained in the Declaration of Supervised Visitation Provider has changed, the provider must serve an updated version on all parties, their attorneys, and the child’s attorney, and then file with the court within five days of the change in information.

CRITICAL

The parties must file a declaration with pertinent information about the provider’s disqualification within five days after receiving the written notice of ineligibility.

Within five days of receipt of the provider’s written notice of ineligibility, the parties must file with the court a declaration containing all pertinent information related to the provider’s disqualification.

CRITICAL

A party wishing to have a proceeding reported must arrange for a privately retained reporter in advance and file form LSC-MIS-200 at least 5 days before the hearing, unless the Court orders otherwise; the Court may deny a request it has not received in time to approve.

A party must make arrangements for a privately retained court reporter in advance of the proceeding if the party wishes the proceedings to be reported. Parties retaining a reporter must file form LSC-MIS-200, Request for Appointment of Official Reporter Pro Tempore with the court at least 5 days prior to the hearing unless the Court orders otherwise. If the judicial officer has not received the Request in time to approve it before the hearing, the Court has the discretion to deny the request.

CRITICAL

Claims for prison defense costs must be filed within six months after the close of the month in which the costs were incurred; late claims will not be reimbursed by SCO.

Claimants have six months after the close of the month in which the costs were incurred (PC § 4750(j)) to file a claim. Claims filed after the six-month deadline will not be reimbursed by SCO.

CRITICALCriminal cases

An objection must be filed with or eDelivered to the Court within five days after service of the postponement request.

A party objecting to the postponement of a Traffic Court Trial shall use local form LSC-TR-101 – Objection to Postponement of Traffic Court Trial or the eDelivery version thereof available as a separate link within the Traffic section of the Local Forms page on the Court’s website, www.Lassen.Courts.CA.gov. The objection must be filed with or eDelivered to the Court within five (5) days from the date of service of the request.

WARNINGProposed or draft document; may not be in force

A non-objecting opposing party may notify the Court of unavailable dates within the next two months, as soon as possible and no later than five days after service.

If the opposing party does not object to the postponement, but has dates of unavailability within the following two (2) months, the opposing party may use form LSC-TR-101 to notify the Court of those dates. The opposing party may also notify the Court by phone or in writing as soon as possible but not more than five (5) days from the date of service of the request.

WARNINGProposed or draft document; may not be in force

An attorney notified of impending decertification may submit evidence of completed training or education within 20 days after the notice is mailed.

Attorneys failing to timely submit a statement of compliance with continuing education requirements by February 28th of the year in which it is due will be notified by the court that he or she will be decertified. The attorney shall be permitted to have 20 days from the day of mailing of the notice to submit evidence of his or her completion of the required training or education.

WARNING

A party may seek a remote appearance without notice or a timely request, and the court may allow it upon finding good cause, unforeseen circumstances, or that it would promote access to justice.

Notwithstanding California Rules of Court, Rule 3.672 and Code of Civil Procedure § 367.75, a party may ask the court to appear remotely without notice or a timely request. The court may permit the remote appearance upon a finding of good cause, unforeseen circumstances, or that allowing the remote appearance would promote access to justice.

WARNINGCriminal cases

The Court will consider the postponement request as an ex parte application seven days after service is completed.

The Court will consider the request as an ex parte application at the expiration of seven (7) days following completion of service.