Court Rules
Common questions about Monterey Superior Court rules

Are courtesy copies required in Monterey Superior Court?

Courtesy-copy rule applies for appendixs. A party citing particular administrative-record pages must submit one courtesy hard-copy appendix containing those pages, with the relied-upon portions highlighted.

View ruleSource: page 165, section D. Memorandum and Appendix

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

Monterey Superior Court rules set a pre-motion procedure for covered motions. A scheduled pretrial conference date may not be changed without approval from the assigned judge.

View ruleSource: page 156, section 14.6 PRE-TRIAL CONFERENCE CALENDAR, subsection B

What page or word limits apply to memorandum in Monterey Superior Court?

A memorandum may not exceed the page limits set by the California Rules of Court unless the court grants advance permission.

View ruleSource: page 70, section 6.6 Complex Litigation, subd. A.2

What page or word limits apply to brief in Monterey Superior Court?

Monterey Superior Court's rule states these limits: 7500 words; 7500 words. Opening and opposition memoranda in writ proceedings are each limited to 7,500 words.

View ruleSource: page 166, section 15.6 — Administrative and Traditional Writ of Mandamus Briefing Schedules and Page Limits

What formatting rules apply to filings in Monterey Superior Court?

Monterey Superior Court's formatting rule includes file format PDF and must be text-searchable. Every electronically filed document must be a text-searchable PDF.

View ruleSource: page 8, section 1.7(D)(1) Format of E-Filed Materials

What must be included with motion or brief filings in Monterey Superior Court?

The rule identifies required filing content or certificates. The caption page of every motion and brief must state that the matter has been deemed complex and assigned for all purposes to a Complex Litigation Judge.

View ruleSource: page 1, section It is hereby ordered

What must be included with case management conference statement filings in Monterey Superior Court?

The rule identifies required filing content or certificates. The Case Management Conference Statement must be a detailed prose document, not the standardized Judicial Council form, and must address the listed case status, discovery, settlement, meet-and-confer, motion, trial-date, related-case, and court-ruling or scheduling topics.

View ruleSource: page 1, section It is hereby ordered

How may parties contact Monterey Superior Court?

The rule addresses phone communications. The rule lists phone (831) 647-5800 ext. 3040. If the court has not directed oral argument, a party must notify the court and all other parties by telephone, email, or in person by 4:00 p.m. on the preceding court day to obtain permission to appear.

View ruleSource: page 96, section 7.9 TENTATIVE RULINGS C.2 Requested by a Party

How does Monterey Superior Court handle sealed or redacted filings?

Monterey Superior Court rules set procedures for sealed or redacted filings. Filed forms FL-326 and FL-328 and related qualification documents are confidential and available only to the court, parties, their attorneys, and persons specifically authorized by written order after notice to all parties.

View ruleSource: page 124, section B. Qualifications of Child Custody Evaluator

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

Requests should be made at least 24 hours in advance when this rule applies in Monterey Superior Court. The request must include reason for request and emergency nature. Requests to shorten time should be based on hardship or emergency, must include a written good-cause declaration, and ordinarily require notice to opposing counsel within 24 hours unless good cause excuses notice.

View ruleSource: page 107, section Chapter 10, Family Law Department, 10.1 Law and Motion, B.2 Orders Shortening Time

Does Monterey Superior Court require motion papers to be bundled?

Yes. Monterey Superior Court requires bundling for covered papers. The joint-appendix rule applies when the administrative record exceeds 2,000 pages.

View ruleSource: page 165, section C. Joint Appendix

Is electronic filing required in Monterey Superior Court?

Yes. Electronic filing is required for the covered filings. All pleadings, motions, applications, briefs, and other papers must be electronically filed with the civil clerk's office in Monterey.

View ruleSource: page 1, section It is hereby ordered

Are filing fees or waivers addressed in Monterey Superior Court?

A fee is required for covered filings. The statutory continuance fee must be submitted with every continuance request.

View ruleSource: page 40, section 4.23 CONTINUANCES

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

The rule addresses filing timing, filing status, or cure windows. The Program stipulation extends the 45-day deadline for filing a motion seeking additional discovery responses.

View ruleSource: page 1, section Pre-filing of Discovery Motions

What rule applies to service for notice of termination of facilitation in Monterey Superior Court?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties. If pre-filing facilitation does not resolve the dispute, the Facilitator must serve each party with a Notice of Termination of Facilitation.

View ruleSource: page 1, section Pre-filing of Discovery Motions
Complete rules summary for Monterey Superior Court

All pleadings, motions, applications, briefs, and other papers must be electronically filed with the civil clerk's office in Monterey.

A courtesy copy must be mailed through the judge's clerk, or emailed through the judge's clerk if the department directs email delivery.

All motions and briefs must conform to the California Rules of Court, including Rule 3.1113.

The caption page of every motion and brief must state that the matter has been deemed complex and assigned for all purposes to a Complex Litigation Judge.

Counsel should file a joint written Case Management Conference Statement 15 court days before the CMC, using the new date as operative if the CMC is continued.

The Case Management Conference Statement must be a detailed prose document, not the standardized Judicial Council form, and must address the listed case status, discovery, settlement, meet-and-confer, motion, trial-date, related-case, and court-ruling or scheduling topics.

Before filing a motion, the parties must complete a standard form stipulation to use the Program.

The Program stipulation extends the 45-day deadline for filing a motion seeking additional discovery responses.

Any discovery-dispute resolution reached through pre-filing facilitation must be memorialized in a stipulation filed with the court.

If pre-filing facilitation does not resolve the dispute, the Facilitator must serve each party with a Notice of Termination of Facilitation.

For a pending discovery motion, parties using the Program must prepare a stipulation and order continuing the hearing and setting the new briefing schedule.

Parties are encouraged, but not required, to notify the court of their Program participation at least seven court days before the hearing.

The parties must send the Center a copy of the stipulation and order simultaneously with submission to the court.

Any resolution of all or part of a discovery dispute reached through post-filing facilitation must be memorialized in a stipulation filed with the court.

The parties are encouraged to notify the court of a written stipulation at least seven court days before the hearing.

If post-filing facilitation does not resolve the dispute, the Facilitator must file and serve a Notice of Termination of Facilitation.

The court must serve the order continuing the hearing and directing Program participation on both the parties and the Center.

The court may enter an order continuing the hearing and directing Program participation any time through the date of the motion hearing.

A resolution reached through involuntary Program participation must be memorialized in a stipulation filed with the court at least seven court days before the Law and Motion hearing.

If the stipulation is not received at least seven court days before the hearing, the court will presume no agreement was reached and proceed with the hearing.

The court provides courtADR@mandellgisnetcenter.org as a contact email address.

The Facilitator must serve the parties with any communication sent to the court.

Certain civil filings must be published in a newspaper on the court’s list of Adjudicated Newspapers of General Circulation.

Requests to shorten time should be based on hardship or emergency, must include a written good-cause declaration, and ordinarily require notice to opposing counsel within 24 hours unless good cause excuses notice.

Proof of adequate property insurance coverage identifying the County of Monterey on the policy must be attached to the motion.

If a party submits a proposed order without opposing counsel's approval as to form, the court may require a transcript and a cover letter explaining the lack of approval.

A settlement conference statement must separately list community and separate debts and identify each creditor, the debt date, current balance, payment terms, and any security.

A settlement conference statement must include settlement proposals concerning custody, visitation, property and liabilities, reimbursements, credits, costs, attorney’s fees, and each party’s position on child and spousal support.

Each party must file a declaration verifying service of a preliminary disclosure of assets, liabilities, and income.

The order appointing the Family Court Liaison must state the inquiry's purpose, scope, and the date the report must be filed.

More Judges in Monterey Superior Court

Elizabeth R. Leitzinger
Judge
Ian A. Rivamonte
Judge
Thomas W. Wills
Judge