Mariposa Superior Court Filing Timing and Cure Windows

CRITICAL

Deadline

1 court days

An ex parte applicant must submit the application, supporting papers, and fees to the clerk by 3:00 p.m. on the court day before the hearing.

The party seeking an ex parte order shall submit the application and all supporting papers and fees to the clerk for filing no later than 3:00 p.m. on the court day preceding the hearing.

CRITICAL

Deadline

3 court days

Applies to

Opposition

Written opposition to in limine motions, if any, shall be filed and served on opposing counsel no later than 4:00 p.m., three (3) court days prior to the scheduled trial date.

Written opposition to in limine motions, if any, shall be filed and served on opposing counsel no later than 4:00 p.m., three (3) court days prior to the scheduled trial date.

CRITICAL

Deadline

6 court days

All other motions in limine must be filed by 4:00 p.m. six court days before the scheduled trial date.

All other motions in limine shall be filed and served on opposing counsel no later than 4:00 p.m., six (6) court days prior to the scheduled trial date.

CRITICALCivil cases

Parties must completely fill out and file Form CM-110 no later than 15 days before the CMC.

No later than 15 days before the CMC, parties are to COMPLETELY fill out and file a CMC Statement (Form CM-110) available on-line at www.courts.ca.gov .

CRITICAL

The plaintiff must file a dismissal request within 45 days after settlement, unless delayed performance terms apply, in which case the settlement must specify the dismissal filing date.

A request for dismissal must be filed by Plaintiff within forty-five (45) days after the date of settlement unless the settlement agreement conditions dismissal on the satisfactory completion of terms that are not to be performed within forty-five (45) days of the settlement. If the settlement contains such terms, then the settlement must specify the date by which the dismissal is to be filed.

CRITICAL

Written orders must be filed with the clerk immediately after they are signed.

All written orders shall be filed in the office of the clerk immediately after they are signed.

CRITICAL

Orders After Hearing must be submitted to the Court within 14 days after the hearing; failure to do so may result in sanctions.

All OAH’s must be submitted to the Court within 14 days following the hearing; failure to do so may result in the imposition of sanctions.

CRITICAL

The settlement conference statement must be filed at least five Court days before the scheduled conference.

All counsel or self-represented litigants shall, at least five (5) Court days prior to the scheduled settlement conference, file with the Clerk of the Superior Court and serve on each party, a mandatory settlement conference statement containing the following:

CRITICALCivil cases

Applies to

Cmc statement

For the CMC Statement notice option, file the statement at least 15 days before the CMC.

Parties may give notice of their intent to appear by telephone by indicating “TELEPHONIC APPEARANCE REQUESTED” on their CMC Statements filed at least 15 days before the CMC, or by separately filing with the Court, a Request for Telephonic Appearance, NOT LESS THAN THREE (3) COURT DAYS, prior to the Case Management Conference.

CRITICAL

The requested CALCRIM instruction list must be filed on the first day of trial before jury selection begins.

Counsel shall file, on the first day of the trial, and prior to commencement of jury selection, a list of all CALCRIM instructions requested.

CRITICAL

Previously certified attorneys must submit a new Certificate of Competence by January 31 of the third year after initial certification and every third year thereafter.

In order to retain his or her certification to practice before the Juvenile Court, each attorney who has been previously certified by the Court shall submit a new Certificate of Competence to the Court on or before January 31st of the third year after the year in which the attorney is first certified and then every third year thereafter.

CRITICAL

Deadline

30 calendar days

Each party must file a current FL-150 within 30 calendar days of a hearing or trial where support is at issue.

Within 30 calendar days of a hearing or trial where support is at issue each party must file a current Income and Expense Declaration (form FL-150).

CRITICALCivil cases

Deadline

5 court days

To obtain the automatic continuance without appearing, the parties must file an Unconditional Notice of Settlement at least five Court days before the scheduled CMC.

However, where the parties, at least five (5) Court days before a scheduled CMC, file an Unconditional Notice of Settlement pursuant to Cal. Rules of Court, Rule 3.1385 requiring dismissal of the entire action within 45 days, the Court will automatically continue the CMC on its own motion, without the need for the parties to appear, to a date after the 45-day period.

CRITICAL

The attorney has 20 days from the mailing of the notice to submit evidence of completing the required education and training.

The attorney shall have 20 days from the date of the mailing of the notice to submit evidence of his or her completion of the required education and training.

CRITICAL

Deadline

15 calendar days

Each party must file the Case Management Statement no later than 15 calendar days before the scheduled Case Management Conference.

No later than fifteen (15) calendar days before the scheduled Case Management Conference, each party shall file with the Court and serve on all other parties a completed Case Management Statement (Judicial Council form CM-110).

CRITICALCivil cases

If the entire matter is not disposed of by the required deadline, the matter will be set for an Order to Show Cause re Dismissal.

Failure to have disposed of the entire matter by the time required will result in the matter being set for an Order to Show Cause re Dismissal given the mandatory language of Cal. Rules of Court, Rule 3.1385.

CRITICAL

Deadline

2 court days

The specified papers necessary for a hearing must be filed by the second court day before the hearing, unless the Court has shortened the time for service by order.

All papers necessary to a hearing in default cases, including default dissolutions, a return of service on orders to show cause (except wherein the Court has by order shortened time for service), probate matters, adoptions, compromise of claims of minors, including proof of notice, posting affidavits of publication, agreements in dissolution actions, etc. shall be filed no later than the second court day preceding the date set for hearing.

CRITICAL

The Certificate of Competency must be submitted within 10 days of the attorney's first appearance in a dependency matter.

Any attorney appearing in a dependency matter for the first time shall complete and submit a Certificate of Competency to the Court within 10 days of his or her first appearance.

CRITICAL

Deadline

3 court days

The moving party must submit the proposed order at least three court days before the hearing, except for confirmation of sales, contested matters, and orders requiring governmental-agency information.

Except in the case of confirmation of sales, contested matters and orders requiring information from a governmental agency, the moving party shall submit the proposed order at least three Court days prior to the hearing date.

CRITICAL

Deadline

10 court days

Each party or their attorney must file a Settlement Conference Statement at least 10 court days before the conference and serve it on the other party or opposing attorney.

At least 10 court days before the settlement conference each party or their attorney shall file and serve on the other party, or the opposing attorney, a Settlement Conference Statement with contents as indicated below:

CRITICAL

Qualifying motions in limine must be filed no later than three days before the scheduled trial date.

These motions must be filed with the court and served on opposing counsel no later than three (3) days before the scheduled trial date.

CRITICAL

The Court must review a complaint within 10 days of receiving it.

The Court shall review any complaint within 10 days of receipt.

CRITICAL

The plaintiff must file notice of settlement or other disposition immediately.

If a case is settled or otherwise disposed of, the plaintiff must immediately file written notice of the settlement or other disposition with the Court.

CRITICAL

Deadline

2 court days

Responsive papers to a discovery motion must be filed at least two court days before the hearing.

Any responsive papers shall be filed at least two court days before the hearing.

WARNING

If opposing counsel does not respond to a request for approval as to form within five days, the proposed Order After Hearing may be submitted directly to the Court with a declaration describing attempts to notify opposing counsel.

If opposing counsel does not respond to the request for approval as to form within five days, the proposed OAH may be submitted directly to the Court with an attached declaration indicating counsel’s attempts at notifying opposing counsel.

INFOCivil cases

The CMC timetable allows 30–40 days for responsive pleadings, depending on the method of service.

30-40 days for the responsive pleadings(depending upon the method of service)

INFOCivil cases

The CMC timetable allows an additional 15-day extension to respond.

an additional 15-day extension of time to respond.