Modoc Superior Court Filing Timing and Cure Windows

CRITICAL

A motion to continue a preliminary examination must be submitted by 4:00 P.M. on the Friday before the examination is scheduled.

No motion for continuance of a preliminary examination will be considered unless submitted to the Court in writing no later than 4:00 P.M. of the Friday before the preliminary examination is scheduled.

CRITICAL

A direct-fax filing is presumed filed on the date shown on its cover sheet, but a transmission begun after 5:00 p.m. is presumed filed the next court day; the Court’s fax-machine receipt message determines the start time.

Upon receipt of papers filed by direct FAX, the cover sheet will be considered as presumptive proof that the subject paper was filed on the date indicated thereon, unless the transmission was commenced after 5:00 p.m., in which case the filing will be presumed to have been accomplished on the next court day, and so filed in by the Clerk. The time that the transmission was commenced will be determined by the “time received” message that is printed at the top of the document by the Court’s FAX machine.

CRITICAL

A FAX received after 5:00 P.M. or on a court holiday is deemed filed on the next court day.

any FAX received after 5:00 P.M. or on a court holiday will be deemed to have been filed on the next court day.

WARNING

If a technical problem prevents receipt of an electronic filing during regular filing hours, the filer may ask the designated panel presiding judge to deem it received as of the attempted filing date.

If a technical problem with respect to a court’s electronic filing system precludes the court from receiving electronically submitted documents during its regular filing hours on a particular court day, the electronic filer may apply to the designated panel presiding judge for that case for an order deeming the electronically submitted documents received nunc pro tunc as of the day of the attempted filing.

WARNING

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.

WARNING

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

WARNING

The Clerk sets general guardian petitions for hearing, normally six to eight weeks after filing.

Petitions for appointment of a general guardian are set for hearing by the Clerk of the Court, and normally are calendared for hearing six to eight (6-8) weeks after the petition for general guardianship is filed.

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

The Court will consider relief from a failure to file by direct fax only if the failure is shown to have resulted from a malfunction of the Court’s fax machine, not the transmitting machine.

Parties and counsel rely on direct FAX filing at their own risk. The Court will consider applications for relief from failure to file required papers only when such failure can be shown to be attributable to the malfunction of the Court's FAX machine, not to a malfunction of the transmitting machine.

INFO

Uncontested ex parte applications, and applications supported by good cause for lack of prior notice, may be submitted to the Clerk at any time.

Uncontested ex parte applications, or ex parte applications supported by a showing of good cause for lack of prior notice, may be submitted to the Clerk of the Court at any time, for presentation to the Court.

CRITICAL

A reconsideration hearing must be held on the regular guardianship calendar within 30 days after the ex parte temporary guardianship order.

A reconsideration hearing to be conducted on the regular guardianship calendar within 30 days from the date of the ex parte order granting temporary guardianship, for the purpose of reviewing the merits and the status of the temporary guardianship.

CRITICAL

For a contested trial, both parties must file the statement at least 20 days before trial, or at least 10 days before a settlement conference if one is set.

When a matter is set for a contested trial, both parties must file and serve a “Statement of Issues, Contentions, and Proposed Disposition of the Case” (hereinafter referred to as the “statement of issues” or “settlement statement”) at least twenty (20) days prior to the trial date or at least ten (10) days prior to the settlement conference if one is set.

CRITICAL

Applies to

Moving papers

If the moving papers are not timely filed for the assigned hearing date, the motion may be deemed to have been waived by the moving party unless good cause is shown for the failure to file as required.

If the moving papers are not timely filed for the assigned hearing date, the motion may be deemed to have been waived by the moving party unless good cause is shown for the failure to file as required.

CRITICAL

The required proof must be presented to the Court whenever possible no later than four business hours before the application and, in every case, by the time of the appearance.

5. Proof of actual notice or of adequate justification for proceeding without notice, and proof of service of documents as required by this Rule, must be presented to the Court, whenever possible, no later than four (4) business hours prior to the application, and in any case by no later than the time of the appearance on the application.

CRITICAL

Deadline

48 hours

The petitioner or counsel must deposit the funds as ordered within 48 hours after receipt.

Petitioner or counsel must deposit the subject funds as ordered within 48 hours of receipt

CRITICAL

Applies to

Post trial motion

Post-trial motions are subject to the time limits in California Rule of Court 4.111, unless otherwise ordered or specifically provided by law.

The Court adopts the time limits set forth in Rule 4.111 of the California Rules of Court for all post-trial motions unless otherwise ordered or specifically provided by law.

CRITICAL

Pretrial motion filing deadlines are governed by Rule 4.111 of the California Rules of Court unless otherwise ordered or provided by law.

The time for filing and the manner of service of pretrial motions must be as set forth in Rule 4.111 of the California Rules of Court unless otherwise ordered or specifically provided by law.

CRITICAL

A conservator must file a notice of change of address with the Clerk within 30 days of the conservatee’s move.

The conservator must notify the Court of any change of the conservatee's residence, within thirty-days (30) of the conservatee's move, by filing a notice of change of address with the Clerk of the Court.

CRITICAL

Unless the court shortens time, criminal discovery motions are subject to the time standards in California Rule of Court 4.111.

Unless otherwise ordered, a motion in a criminal case for the discovery of information or evidence must be in writing and, absent an order shortening time, will be subject to the time standards of Rule 4.111 of the California Rules of Court, incorporated herein by this reference.

CRITICAL

File a complaint charging an out-of-custody defendant no later than two days before the defendant’s first appearance on the charges.

All criminal complaints charging out-of-custody defendants shall be filed with the Clerk of the Court no later than two (2) days before the time of the defendant's first appearance on those charges.

CRITICAL

When Rule 3.1312 does not govern or its timing is impracticable, the prevailing party must prepare and submit the proposed order within 10 calendar days after receiving the Court's written or oral ruling.

In matters not governed by Rule 3.1312, or in cases where the Court finds that the time constraints of Rule 3.1312 are impracticable, the prevailing party on a motion must, within ten (10) calendar days of receipt of the Court's written or oral ruling, prepare a proposed order thereon and submit it to the opposing party for approval (as to matters of form only).

CRITICAL

Unless a request for entry of default or dismissal has been filed or the case is already set for trial, the plaintiff must file the trial-setting request within 25 days after filing the unlawful detainer complaint.

Within twenty-five (25) days after filing an unlawful detainer complaint, the plaintiff must file and serve a written request to set the matter for trial, unless a request for entry of default or request for dismissal has been filed, or unless the case has already been set for trial.

CRITICAL

Deadline

30 calendar days

A party seeking an alternate community-property valuation date must serve and file a notice of motion at least 30 calendar days before trial.

A party who seeks a valuation date for community property that is not the date of trial must serve and file, not less than thirty (30) calendar days before the trial date, a notice of motion for alternate valuation date.

CRITICAL

A receipt from the depository must be filed on Form MC-356 within 15 days after the deposit.

must file a receipt from the depository, on Judicial Council Form MC-356, within 15 days thereafter.

CRITICAL

Deadline

3 court days

A custody and visitation agreement must be filed at least three court days before the hearing or trial.

If the parties agree on terms for custody and visitation of a minor child or children, they must file, not less than three (3) court days before the hearing or trial, a signed written agreement setting forth in detail its terms.

CRITICAL

Deadline

24 hours

File the declaration or offer of proof with the Clerk and personally serve it on the District Attorney’s Office no later than 24 hours before the hearing.

The declaration or offer of proof must be filed with the Clerk and must be personally served on the Office of the District Attorney no later than twenty-four (24) hours before the hearing.

CRITICAL

Unless a responsive pleading has been filed, proof of service or an application for a posting order is due within 15 days after the unlawful detainer complaint is filed.

Within fifteen (15) days after filing an unlawful detainer complaint, the plaintiff must file a proof of service of the summons and complaint, or an application for a posting order, unless a responsive pleading has been filed.

CRITICAL

Compensation claims are subject to the filing deadline prescribed in Local Rule 13.07.

Claims for compensation by appointed attorneys or agencies must be submitted in writing to the Judge of the Juvenile Court, or to such agency as may be designated by the Court from time-to-time, in the form, and not later than the time, prescribed in Local Rule 13.07.

CRITICAL

Deadline

16 court days

For motion notice, count the authorized calendar days for the service method and then the required 16 court days to the hearing, excluding the first day and including the hearing date.

In order to determine if timely notice has been accomplished pursuant to CCP §1005(b), the Court will first count the number of calendar days authorized for the form of service that has been utilized by the moving party, and then count the required sixteen court days to the date of hearing. In counting both segments of time, the Court will exclude the first day (e.g., the actual date of personal service or of mailing), and will include the last day (the date of the hearing or other proceeding).

CRITICAL

Unless otherwise ordered or good cause is shown, responses, declarations, and points and authorities must be filed according to Code of Civil Procedure section 1005(b).

Unless otherwise ordered or good cause is shown, any responses, declarations, or points and authorities must be served and filed according to the provisions of Code of Civil Procedure §1005(b).

CRITICAL

Deadline

1 hours

File a complaint charging an in-custody defendant as early as possible and no later than one hour before the defendant’s first appearance on the charges.

All criminal complaints charging in-custody defendants must be filed with the Clerk of the Court at the earliest time possible, in no case later than one (1) hour before the time of the defendant's first appearance on those charges.

CRITICAL

Contested ex parte matters requiring a hearing must be scheduled as early as possible and no later than noon of the preceding court day, unless good cause is shown.

Such matters must be scheduled for hearing by the Clerk of the Court as early as possible before the requested hearing but not later than 12:00 AM (noon) of the preceding court day unless good cause is shown.

CRITICAL

Deadline

5 calendar days

Unless expressly excused by the Court, each party must file and serve all other parties with a fully completed Judicial Council Form CM-110 no later than five calendar days before every Case Management Conference.

Not later than five (5) calendar days prior to every Case Management Conference (including Additional Case Management Conferences unless expressly excused by the Court), each party must file, and serve on all other parties, a fully-completed case management conference statement prepared on Judicial Council Form CM-110.

CRITICAL

Deadline

5 court days

Parties seeking formal orders on the hearing date must submit proposed orders to the Clerk at least five court days before the hearing.

If the parties wish to obtain formal orders on the date that the matter is calendared for hearing, then the proposed orders must be submitted to the Clerk at least five (5) court days before the hearing.

CRITICAL

Motions to suppress under Penal Code §1538.5 must be scheduled on a regular motion date before trial.

All such motions to suppress must be in writing, and must be scheduled on a regular motion date prior to trial.

CRITICAL

A request for a special verdict or proposed special findings forms must be filed before jury voir dire begins.

A party who requests a special verdict or special findings must, in connection with requested instructions, comply with Rule 3.1580 of the California Rules of Court, and must serve and file such request or proposed special findings forms before jury voir dire commences.

CRITICAL

Deadline

5 calendar days

The settlement conference statement must be lodged with the Court no later than five calendar days before the conference.

No later than five (5) calendar days prior to the date fixed for the settlement conference, the parties must lodge with the Court, and must serve upon all other parties, a brief statement of the facts and the law of the case.

CRITICAL

When the 241.1 Protocol is initiated, the advocate must provide input to the Court at least five days before the Delinquency Disposition Hearing.

The advocate will provide input to the Court at least five (5) days prior to the Delinquency Disposition Hearing when the 241.1 Protocol is initiated.

CRITICAL

The account trustee must file the depository’s receipt evidencing the ordered deposit within 30 days after the Court signs the deposit order.

Within 30 days after the Court signs an order for deposit into a blocked account, the trustee of the account must file a receipt from the depository, evidencing the ordered deposit.

CRITICAL

All stipulations must be submitted to the Court before or at calendar call on the hearing date.

All stipulations must be in writing, and all stipulations must be submitted to the Court prior to or at the calendar call on the date set for hearing.

CRITICAL

At least four business hours before the hearing, the applicant must submit a declaration describing notice efforts or facts supporting impossibility or detriment from notice.

At least four (4) business hours before the hearing is conducted, the applicant must submit a declaration to the Court setting forth the facts relating to the efforts to give such notice, if any, or facts supporting the conclusion (a) that it was impossible to give such notice, or (b) that giving such notice would be detrimental to the estate and the persons interested in it.

CRITICAL

Deadline

5 court days

Trial briefs are optional, but any trial brief used must be filed no later than five court days before trial.

Trial briefs are not required. If utilized, however, a trial brief must be served and filed no later than five (5) court days prior to the trial.

CRITICAL

Deadline

5 court days

Except for good cause, supporting documents must be filed at least five court days before the hearing, and late documents may be disregarded or the matter continued, denied without prejudice, or taken off calendar.

Except for good cause, all documents in support of a pleading must be filed with the Clerk of the Court no later than five (5) court days before the calendared hearing thereon. This Rule applies, but is not limited, to affidavits of publication, proofs of subscribing witnesses, waivers of account, receipts, inventories, and reappraisals for sale, agreements for in-kind distributions, proposed orders, and similar papers. At the Court’s discretion, documents that are not filed in a timely manner may not be considered before or during the hearing, and the matter may be continued, denied without prejudice, or ordered off calendar.

CRITICAL

An attorney’s claim must be presented no later than 90 days after the attorney last rendered services in the matter.

The attorneys claim must be presented no later than ninety-days (90) from the date that he or she last rendered service in the matter.

CRITICAL

Unless money damages are dismissed, the plaintiff must set the case for an ex parte prove-up hearing within six months after entry of a clerk's judgment for restitution.

Within six months after a clerk's judgment for restitution is entered, the plaintiff must set the case for ex parte prove-up hearing, unless the money damages are dismissed.

CRITICAL

Responsive pleadings must be filed and served within 30 days after service of the complaint.

filing and service of responsive pleadings within 30 days of service of the complaint.

CRITICAL

A person proceeding by trial by declaration after posting bail must submit required evidence within the Clerk-set time limits or bail will be forfeited.

A person who has posted bail for a trial by declaration must adhere to the time limits set by the Clerk of the Court for submission of any required declarations, exhibits, or other evidence. Failure to submit said evidence in a timely manner will result in bail forfeiture without further proceedings.

CRITICAL

Deadline

5 court days

Payment for direct fax filing is due within five court days after transmission or by the hearing date, whichever occurs first.

The filing fee for direct FAX filing is $1.00 per page for each page transmitted, including the informational cover page, and must be paid by check, money order or cashier's check to the Clerk of the Court within five court days from the date of transmission or by the date of hearing, whichever first occurs.

CRITICAL

Deadline

24 hours

A request for live testimony must be filed at least 24 hours before the hearing to satisfy the stated timing condition for setting a lengthy matter on a trial or long-cause calendar.

If, after call of the calendar, the moving or responding party contends that the hearing will require more than fifteen minutes, and has made sufficient offer of proof or has filed, at least twenty-four hours before the hearing, a request for live testimony, then the Court will set the matter on the next available trial or long-cause calendar.

CRITICAL

Proof of service of the summons and complaint must be filed within 60 days after case initiation.

filing of the proof of service of the Summons and complaint within 60 days of case initiation,

CRITICAL

A guardian or conservator must notify the Court in writing within 30 days of the ward’s or conservatee’s death.

The guardian or conservator must notify the Court, within thirty-days (30) and in writing, of the death of the ward or conservatee.

CRITICAL

The exhibit list must be lodged with the Court at the time of trial.

A list of exhibits (not the exhibits themselves) must be lodged with the Court at time of trial.

CRITICAL

When a trial date is continued by stipulation or outside a Case Management Conference, the matter returns to the regular case-management calendar and each party must file a current, complete CM-110 statement at least five days before the further proceedings date.

If a trial date is continued by stipulation or at any time other than during a case management conference, the matter will be set for further proceedings on the regular case management calendar, and at least five (5) days before that date each party must file a current and complete case management statement (JC Form CM-110).

WARNING

Pretrial motions and oppositions must follow the applicable California statutes and Rules of Court, including California Rule of Court 4.111 requirements for making and timing them.

All procedures for pretrial motions that are imposed by California statutes and Rules of Court are controlling in this Court. The Court incorporates herein by this reference the requirements of Rule 4.111 of the California Rules of Court pertaining to the making and timing of pretrial motions and oppositions thereto.

WARNING

The Court holds unapproved orders for five days and signs them after that period if no objections are received.

The Court will hold, for a period of five days, all orders that have not received the approval of the opposing party; after five days, if no objections have been received, the order will be signed.

WARNING

Permitted stipulated extensions must be filed promptly with the Court.

To the extent that stipulated extensions are permitted pursuant to CRC Rule 3 2.100-2.119, they must be in writing and filed promptly with the Court.

WARNING

Discovery must be sought in time for attorneys to be adequately prepared to discuss the case at the pretrial or settlement conference.

All discovery must be timely sought so that the attorneys are adequately prepared to discuss the case at the pretrial or settlement conference.

WARNING

If the opposing party does not approve or object within ten days after service, the preparer may send the order to the Court for signature.

If the other opposing party fails to approve or object to the order within ten (10) days after service, the party who prepared the order may then send it to the Court for signature.

WARNING

They should be filed timely so that they may be heard prior to the trial confirmation

They should be filed timely so that they may be heard prior to the trial confirmation