Monterey Superior Court Electronic Filing Rules

Applies to

All case papers

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

All pleadings, motions, applications, briefs and any and all other papers in this case shall be e-filed with the civil clerk’s office, located in the Monterey Courthouse.

Applies to

All documents

Electronic filing is mandatory in every case type except appellate department cases.

Electronic filing of documents in all case types is required, excepting appellate department cases.

Applies to

All documents

Electronic filings must be submitted through the court's electronic service providers, whose information is available on the court website.

Electronic filing of documents shall occur through the court’s electronic service provider(s). Electronic service provider information is available on the court’s website at www.monterey.courts.ca.gov.

Documents served by hand, in court, or through another permissive method must subsequently be e-filed unless the court specifically orders otherwise.

Documents served by hand, in court, or otherwise permissively, must then be e-filed unless the court specifically provides otherwise.

Applies to

Overbid

An overbidder appearing remotely must submit the written offer at or before the hearing through the court’s e-filing system or by email and notify the court of the electronic submission at the hearing.

Any overbidder who appears remotely shall submit an offer in writing at or before the hearing through the court’s e-filing system or by email to: emergencyprobate@monterey.courts.ca.gov and shall notify the court at the hearing of the electronically-submitted overbid.

Applies to

All documents

All juvenile-department papers must be filed electronically under Local Rule 1.7.

All papers are to be filed electronically as set forth in Local rule 1.7.

Applies to

Proposed order

In contested matters or when requested by the court, proposed orders must be prepared and submitted under California Rules of Court, rule 3.1312, and electronically filed in PDF through the court’s electronic filing system rather than emailed as editable word-processing files.

In all contested matters or upon request of the court, parties shall comply with California Rules of Court, rule 3.1312 in preparing and submission of orders. In lieu of electronically submitting editable word-processing versions of proposed orders to the court’s electronic service address, parties must electronically file the proposed order in PDF format using the court’s electronic filing system.

All papers in designated complex litigation cases must be filed electronically in compliance with Local Rule 1.7.

All pleadings, motions, applications, briefs and any and all other papers shall be e-filed consistent with Local Rule 1.7.

Applies to

Amended pleading

When a motion to amend is granted, the moving party must electronically file the original executed amended pleading.

A. If the motion to amend is granted, the original executed amended pleading shall be e-filed by the moving party.

Applies to

Amended pleading

When an amended pleading is submitted by stipulation, its proponent must electronically file the executed pleading separately from the stipulation and other documents.

B. If upon stipulation: The proponent of the amended pleading must e-file the executed proposed amended pleading along with the stipulation. These documents must not be attached to the stipulation or to any other document.

Applies to

Joint appendix

The parties must jointly prepare and electronically lodge an appendix containing every cited administrative-record page.

Parties shall coordinate to prepare and lodge an electronic joint appendix containing each page of the records cited in the parties’ briefing.

Applies to

Documentary evidence

Documentary evidence supporting or opposing a traditional writ must be lodged electronically in the hearing department as soon as practicable after certification and no later than 30 days before the merits hearing.

Parties shall lodge any documentary evidence presented in support of, or in opposition to, the writ, in electronic format only (e.g., a thumb drive or CD-ROM) in the department in which the matter will be heard, as soon as is practicable after the record has been certified but in no event less than 30 days before the hearing on the merits.

Cases subject to mandatory e-filing must be filed under Local Rule 1.7; other cases may be delivered to an authorized courthouse and will be filed in the appropriate jurisdiction.

Cases subject to mandatory e-filing shall be filed as provided in Local Rule 1.7. Otherwise, cases within the jurisdiction of the Superior Court of California, County of Monterey may be delivered to the Salinas, Marina, or Monterey courthouse, but will be filed only in the location of appropriate jurisdiction.

Applies to

All documents

A party may seek a court-ordered e-filing exemption by ex parte application for undue hardship, significant prejudice, or other good cause.

Documents ordered by the court as exempt from e-filing. A party may seek a court- ordered exemption by ex parte application for reason of undue hardship, significant prejudice, or other good cause.

Applies to

Nonconvertible documents

Documents and materials not feasibly convertible to electronic form are exempt from mandatory e-filing.

Documents and other materials that are not feasibly converted to electronic form by scanning, imaging, or other means.

Applies to

Documents

Documents provisionally lodged under seal or lodged as confidential documents are exempt from mandatory e-filing.

Documents lodged with the court provisionally under seal pursuant to California Rules of Court, rule 2.551, or lodged with the court as confidential documents.

Applies to

Jurisdictional time limit documents

Electronic filing is encouraged but not mandatory for documents with jurisdictional time limits.

Documents with jurisdictional time limits, including notices of appeal, motions for new trial, motions for JNOV, motions to quash service for personal jurisdiction, and petitions for writs taken from local court determination. Although not required, e-filing of these documents is encouraged.

Applies to

Original documents

Original documents required for specified proceedings are exempt from mandatory e-filing.

Original documents required for a proceeding, including bench warrants, subpoenaed documents, affidavits regarding real property of small value, bonds, undertakings, financial documents submitted by a private professional conservator, letters (probate, guardianship, conservatorship), wills and codicils (for filing or safekeeping), and orders to deposit money and receipt of depository.

Applies to

Judicial officer challenge

Challenges to judicial officers under Code of Civil Procedure section 170.1 et seq. are exempt from mandatory e-filing.

Challenges to judicial officers pursuant to Code of Civil Procedure section 170.1 et seq.

Applies to

Overbid

The Notice of Sale must explain that written overbids may be submitted at or before the hearing through the court’s e-filing system or by email to emergencyprobate@monterey.courts.ca.gov.

The Notice of Sale shall also include information regarding the submission of overbids in writing at or before the hearing through the court’s e-filing system (see https://www.monterey.courts.ca.gov/efiling) or by email to: emergencyprobate@monterey.courts.ca.gov.

Applies to

All documents

Electronic filing is encouraged but not mandatory for self-represented parties.

Documents presented for filing by a self-represented party. Although e-filing is not mandatory for self-represented parties, they are encouraged to e-file documents.