Court Rules
Common questions about Merced Superior Court rules

Are courtesy copies required in Merced Superior Court?

Courtesy-copy rule applies for briefs. Details: 3 copies. Counsel must deposit three legible brief copies with the Clerk for the appellate panel.

View ruleSource: page 95, section RULE 500: APPELLATE DIVISION, C. Briefs

Does Merced Superior Court require a pre-motion conference or letter before filing a motion?

Merced Superior Court rules set a pre-motion procedure for covered motions. In family law requests, motions, and hearings other than domestic-violence matters, each party or counsel must meet and confer in person or by phone before the hearing and make a good-faith settlement effort.

View ruleSource: page 93, section B. Meet and Confer Obligation

What page or word limits apply to memorandum of points and authorities in Merced Superior Court?

Merced Superior Court's rule states these limits: 15 pages. Excludes exhibits and attachments. A memorandum of points and authorities is limited to 15 pages, excluding exhibits, declarations, and attachments.

View ruleSource: page 56, section G. Filing of Motions

What formatting rules apply to filings in Merced Superior Court?

Merced Superior Court's formatting rule includes image format must be jpeg, gif, png, or tiff.. Electronic-exhibit images must be submitted in JPEG, GIF, PNG, or TIFF format.

View ruleSource: page 37, section Rule 2.5: Uniform Instructions for Presentation of Electronic Exhibits

What must be included with civil case cover sheet filings in Merced Superior Court?

The rule identifies required filing content or certificates. A plaintiff must file the Civil Case Cover Sheet with the first paper in a civil action or proceeding, subject to the stated statutory exceptions, and failure to do so may result in sanctions.

View ruleSource: page 7, section NOTICE

What must be included with request to set case for trial filings in Merced Superior Court?

The rule identifies required filing content or certificates. In all cases, an unlawful detainer assistant must indicate whether they gave advice or assistance with this form for compensation.

View ruleSource: page 33, section UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400–6415)

How may parties contact Merced Superior Court?

The rule addresses phone communications. The rule lists phone (209) 725-4240. A party intending to appear at a hearing must notify all other parties and call the court by 4:00 p.m. on the preceding court day.

View ruleSource: page 71

How does Merced Superior Court handle sealed or redacted filings?

Merced Superior Court rules set procedures for sealed or redacted filings. Process: file redacted on ecf. The filer must redact applicable personal identifiers and privileged or confidential information.

View ruleSource: page 26, section Electronic Filing — 8. Confidential Documents

How do I request an adjournment or extension in Merced Superior Court?

Advance notice is not fully stated in the structured details. The Clerk may grant one 30-day extension without judicial approval, but any extension beyond 30 days requires judicial approval.

View ruleSource: page 65, section General

Are filing fees or waivers addressed in Merced Superior Court?

A fee is required for covered filings. A filing fee must be paid when the initiating documents are filed.

View ruleSource: page 4, section WHERE TO FILE/ COST OF FILING/NUMBER OF COPIES

Is electronic filing required in Merced Superior Court?

Yes. Electronic filing is required for the covered filings. A party that changes its E-Service address must promptly electronically file a notice of change and serve that notice on all other parties or their attorneys.

View ruleSource: page 65, section ELECTRONIC SERVICE OF DOCUMENTS BY THE COURT

When is a filing treated as filed in Merced Superior Court?

The rule addresses filing timing, filing status, or cure windows. Service of the Prejudgment Claim of Right to Possession extends the waiting period before proceeding by 10 days.

View ruleSource: page 5, section Posting and mailing

What service or proof of service rules apply in Merced Superior Court?

The rule addresses service method, recipient, or timing requirements. Before filing an eviction action, the landlord must properly serve the tenant with a 3-day, 30-day, 60-day, or 90-day notice.

View ruleSource: page 1, section HOW TO GET STARTED
Complete rules summary for Merced Superior Court

Before filing an eviction action, the landlord must properly serve the tenant with a 3-day, 30-day, 60-day, or 90-day notice.

The notice must be in writing and contain information specific to the type of notice being given.

The notice may be personally served on the tenant by the landlord or another person.

The person serving the notice must be at least 18 years old.

If the tenant is absent, the landlord may leave the notice with an adult at the house but must also mail a second copy to the tenant.

A sheriff or registered process server must serve a blank Prejudgment Claim of Right to Possession together with the summons and complaint on unknown adult occupants.

When no one is available, the landlord may post the notice in an easily visible location and must also mail a copy to the tenant.

A filing fee must be paid when the initiating documents are filed.

The filing fee is $240 when requesting up to $10,000 in back rent or damages.

The filing fee is $385 when requesting between $10,000 and $25,000 in back rent or damages.

A person unable to afford the filing fee may request a fee-waiver packet from the Clerk and apply to have the fee waived.

After filing, an adult other than the landlord must serve the Summons, Complaint, and blank Answer form on each named tenant.

For personal service, the server gives the papers directly to the tenant in person.

If the tenant refuses to take the papers, the server may notify the tenant of the service and leave the papers as close to the tenant as possible.

If the tenant is absent from home or work, the server may give the papers to an adult in charge at the tenant's home or workplace.

After substituted service, the server must mail a copy of the Summons and Complaint to the tenant at the service address.

Posting and mailing require court permission after unsuccessful attempts at personal and substitute service, supported by a declaration.

When posting and mailing is authorized, the server must post one copy of the summons and complaint at the property and mail another copy there.

Service of the Prejudgment Claim of Right to Possession extends the waiting period before proceeding by 10 days.

After service on each defendant and any unknown adults, the person serving the documents must complete a Proof of Service and file it with the court.

When a Prejudgment Claim of Right to Possession is served, the sheriff or registered process server must complete and file a Proof of Service with the clerk.

When an unknown adult occupant files a Prejudgment Claim of Right to Possession, the clerk must notify all named parties by mail.

A tenant personally served with the summons and complaint has five days to file an answer with the court.

A tenant served by substitute service or nailing and mailing receives an additional 10 days to file an answer.

An individual served with a Prejudgment Claim of Right to Possession has 10 days to file the claim with the court.

When the tenant was served by substitute service or nailing and mailing, a default judgment cannot be requested until the 16th day after service.

A plaintiff must file the Civil Case Cover Sheet with the first paper in a civil action or proceeding, subject to the stated statutory exceptions, and failure to do so may result in sanctions.

The Civil Case Cover Sheet must be filed in addition to any local-court-required cover sheet.

Items 1 through 6 of the Civil Case Cover Sheet must be completed.

In a complex civil case, a copy of the Civil Case Cover Sheet must be served on all other parties to the action or proceeding.

More Judges in Merced Superior Court

David Foster
Judge
Jennifer Trimble
Judge
Stephanie Jamieson
Judge