Madera Superior Court Filing Timing and Cure Windows

For jury trials, trial briefs and motions in limine are due 14 days before trial, and opposition to motions in limine is due 7 days before trial.

Jury Trials: trial briefs and motions in limine shall be due fourteen (14) days before trial. Opposition to motions in limine shall be due seven (7) days before trial.

For court or bench trials, trial briefs are due 14 days before trial.

Court (bench) Trials: trial briefs shall be due fourteen (14) days before trial.

Except for probate guardianship temporary-order petitions, temporary orders must be presented to the Civil Clerk’s office by 11:00 a.m. on the day immediately before the hearing.

2.1.4 Temporary Orders. All temporary orders filed in any civil, family law, probate, and small claims case, with the exception of petitions for temporary orders in Probate Guardianship matters, shall be presented to the Civil Clerk’s office no later than 11:00 a.m. the day immediately preceding the day of the hearing.

Proposed jury instructions must be submitted when trial begins unless the judge authorizes otherwise.

Each party shall submit proposed jury instructions to the Court at the commencement of the trial unless otherwise authorized by the Judge.

The written notice of settlement or other disposition must be filed immediately.

As required by California Rule of Court 3.1385, plaintiff’s counsel or plaintiff appearing in propria persona must immediately file a written notice of the settlement or other disposition with the Court and otherwise comply with provisions of Rule 3.1385.

The plaintiff must request dismissal within 45 days after settlement.

The plaintiff must file a request for dismissal within 45 days after the date of settlement.

If the plaintiff does not request dismissal, the court must dismiss the case 45 days after receiving notice of settlement unless good cause is shown.

If the plaintiff does not file the request for dismissal, the Court must dismiss the case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed.

Deadline

10 court days

Motions in limine must be filed at least 10 court days before trial begins.

Any motions in limine shall be filed no later than 10 court days before the first day of trial.

Deadline

5 court days

Oppositions to motions in limine must be filed at least five court days before trial begins.

Any oppositions to such motions shall be filed no later than five (5) court days before the first day of trial.

A deadline agreement may be recorded at any status conference without a noticed motion or ex parte application, but it must be made by the mandatory settlement conference date.

Such an agreement may be put on the record at any status conference, without the need for a noticed motion or ex parte application, but in any event the agreement must be made no later than the date scheduled for the mandatory settlement conference for that case.

A request for judicial notice of a matter contained in a Madera County Superior Court file must be submitted at least five days before the hearing.

If such matter is contained in a file of the Madera County Superior Court, the party shall, at least five (5) days prior to the hearing, by separate document filed directly in the department wherein the matter is noticed, request the Clerk of said department to order delivery of the file for the date of the hearing; and said document shall set forth the case name and number.

Deadline

4 court days

The declaration requesting a formal evidentiary hearing must be filed four court days before the matter is set for hearing or sentencing.

Said declaration shall be filed four (4) court days before the matter is set for hearing or sentencing

Deadline

1 court days

Forms requesting remote video proceedings must be submitted for filing no later than one day before the appearance date.

The forms requesting RVP must be submitted for filing no later than one (1) day prior to the appearance date indicated on the traffic citation issued by the officer or other notice to appear.

Deadline

5 court days

Forms submitted in person must be received at least five court days before the appearance date.

Forms submitted in person must be received at least five (5) court days prior to the appearance date indicated on the traffic citation issued by the officer or other notice to appear.

Deadline

10 court days

Forms submitted by mail must be postmarked at least ten court days before the appearance date.

Forms submitted by mail must be postmarked no less than ten (10) court days prior to the appearance date indicated on the traffic citation issued by the officer or other notice to appear.

Documents to be considered on the remote video trial day must be provided to the court clerk by 9:30 a.m.

If any party to an RVP trial wishes to have the court consider documents on the date of the RVP, those documents must be provided to the court clerk no later than 9:30 a.m., on the day of the trial.

Emergency papers for an order shortening time, together with proof of service, must be filed with the Clerk by 4:00 p.m. on the day before the hearing.

In such emergency cases, the Clerk shall place the matter on the calendar upon the filing of said papers, together with the Order Shortening Time and proof of service, which said papers shall be filed with the Clerk not later than 4:00p.m. the day before the hearing.

The fee-relief request and income-and-expense declaration must be filed at least 20 days before the scheduled evaluation or first investigation interview.

The request and Income and Expense Declaration shall be filed not less than twenty (20) days before either the scheduled Child Custody Evaluation or the first interview on the investigation or evaluation.

Minor’s Counsel must file Judicial Council form FL-322 or its equivalent within 10 days after appointment and before beginning work on the case.

Attorneys appointed as Minor’s Counsel must file Judicial Council form FL-322 (or its equivalent) no later than 10 days after appointment and before beginning work on the case.

Deadline

4 court days

Except for temporary guardianship petitions, all probate-hearing papers and the moving party's proposed order must be filed or lodged with the Clerk at least four court days before the hearing.

Except for petitions for temporary guardianship orders (as noted in Local Rule 7.1.10), all papers relating to a probate hearing, including the proposed order prepared by the moving party, shall be filed or lodged with the Clerk at least four (4) court days before the date of hearing.

Deadline

2 court days

In matters submitted without an appearance, the original and one copy of the proposed order and the case file must reach the Judge at least two court days before the hearing.

In matters submitted without an appearance by a party or the party’s attorney pursuant to Rule 7.1.8(a), an original and one (1) copy of a proposed order bearing the date of submission shall be delivered to the Clerk for presentation, together with the case file, to the Judge at least two (2) court days before the hearing.

When the court dispenses with notice under Probate Code section 2250(e), a temporary-guardian petition must be presented to the Clerk's office by 10:00 a.m. and will be scheduled no sooner than the second court day after filing.

If the court finds good cause to dispense notice as required by probate code 2250(e), Petitions for Appointment of Temporary Guardian shall be presented to the Clerk’s office no later than 10:00 a.m. to be scheduled for hearing no sooner than the second court day after the filing of the petition.

Deadline

10 court days

Temporary-guardian petitions for which notice is given under Probate Code section 2250(e) receive a tentative hearing no sooner than 10 court days after filing.

All petitions for appointment of temporary guardian in which notice is being given pursuant to probate code 2250(e) will be given a tentative hearing no sooner than 10 court days after the filing of the petition.

Ex parte hearing documents and the applicable 24-hour notice or non-notice declaration must be submitted by 11:00 a.m. on the preceding work day.

Ex-parte hearings are heard in Department 37, 40, 44, and 45 Monday-Friday at 8:15 A.M. Documents along with the 24-hour Notice or Non-notice Declaration must be submitted to the courts no later than 11:00 a.m. the previous work day prior to the court date.

All documents must be filed two days before the court date.

All documents are to be filed two (2) days prior to the court date.

For civil, family-law, probate, and small-claims filings, the Clerk is authorized—but not required—to reject a filing that omits or inaccurately states its case number.

In any civil, family law, probate, or small claims cases, the Clerk is authorized to reject filings that do not comply with the following factors, but may not necessarily reject a filing for all factors specified within California Rules of Court Title 2, Division 2, Chapter 1:

The Court may refuse to consider motions in limine or oppositions filed after the applicable deadline.

The Court shall have the discretion to refuse to consider any late-filed papers subject to this rule.

The parties may establish different motion-in-limine and opposition deadlines if the trial judge approves the agreement.

The parties may agree to set different deadlines for the motions and oppositions, subject to the approval of the trial judge.

Unless the court specifies another time, the tentative ruling will be available by 4:30 p.m. on the day before the scheduled hearing.

The tentative ruling will be made available by 4:30 p.m. the day before the scheduled hearing, unless another time is specified by the court.

The court may permit a self-represented respondent to file the income-and-expense declaration at any time before the actual hearing.

In the discretion of the Court, a self-represented respondent may be allowed to file his or her income and expense declaration at any time prior to actual hearing upon the Request for Order, Order to Show Cause, or Notice of Motion.

The electronic-filing rules take effect immediately upon implementation of an e-filing platform or the specified justice-partner interfaces.

6.1.2 Effective Date. Should the Court implement electronic filing, these rules will be in effect immediately upon implementation of an e-filing platform or any justice partner interfaces as specified in rules 6.1.6 and 6.1.7. (Effective 1/1/22)

Traffic Division electronic filing takes effect immediately upon implementation of the first among the CHP, District Attorney, and Electronic Citation interfaces.

For all filings in the Traffic Division, immediately upon the implementation of either the CHP Interface, District Attorney Interface, or Electronic Citation Interface, whichever is implemented first.

Criminal Division electronic filing takes effect immediately upon implementation of the first among the District Attorney, Jail, Probation, and Warrant interfaces.

For all filings in the Criminal Division, immediately upon the implementation of either the District Attorney Interface, Jail Interface, Probation Interface, or Warrant Interface, whichever is implemented first.

Juvenile Division electronic filing takes effect immediately upon implementation of the first among the DCSS and District Attorney interfaces.

For all filings in the Juvenile Division, immediately upon the implementation of either the DCSS Interface or District Attorney Interface, whichever is implemented first. (Effective 1/1/22, amended 1/1/24)

Electronic restraining-order filing is available around the clock and is processed on the same timing schedule as an in-person filing, consistently with applicable law.

The ability to electronically file these orders shall be available twenty-four hours per day. The electronic filing shall be acted upon/processed consistent with the timeframes outlined in applicable law and at the same timing intervals as if the filing were submitted to the court in person.