Judge David Foster
Judge • Merced Superior Court
Court-wide rules
Applies court-wideMerced Superior Court publishes its filing requirements at the court level rather than per judge, so these 352 rules are what govern this courtroom.
Filing Requirements
All 112- Applies to
- Civil case cover sheet
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.
- Applies to
- Civil case cover sheet
The Civil Case Cover Sheet must be filed in addition to any local-court-required cover sheet.
- Applies to
- Civil case cover sheet
Items 1 through 6 of the Civil Case Cover Sheet must be completed.
Service
All 100Before filing an eviction action, the landlord must properly serve the tenant with a 3-day, 30-day, 60-day, or 90-day notice.
- Applies to
- Notice
- Service
- Personal service to opposing party
The notice may be personally served on the tenant by the landlord or another person.
- Applies to
- Notice
The person serving the notice must be at least 18 years old.
Fees
All 47- Applies to
- Case initiation documents
A filing fee must be paid when the initiating documents are filed.
- Fee
- $240
- Applies to
- Case initiation documents
The filing fee is $240 when requesting up to $10,000 in back rent or damages.
- Fee
- $385
- Applies to
- Case initiation documents
The filing fee is $385 when requesting between $10,000 and $25,000 in back rent or damages.
Filing Timing
All 43Service of the Prejudgment Claim of Right to Possession extends the waiting period before proceeding by 10 days.
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.
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