Sacramento Superior Court Filing Timing and Cure Windows

WARNINGCriminal cases

Only cases confirmed for trial at the TRC remain on the Department 9 Trial Calendar and are assigned to a trial department the following Tuesday.

Only cases the Court confirms for trial at the TRC will remain on the Department 9 Trial Calendar, and be assigned out the following Tuesday to a trial department.

WARNING

CMP timelines are tolled from the filing of the action until the earlier of the arbitration award filing, claim conclusion, or 180 days after designation as an uninsured motorist case.

Once plaintiff has properly advised the court of the claim, the court will toll the CMP timelines for the period commencing on the date of filing of the action and terminating on the date of filing of the arbitration award, the date the claim is otherwise concluded, or 180 days after the case is designated an uninsured motorist case, whichever is earlier.

WARNING

(5) Two Court Days (May use Request for Calendaring Form): (a) Motion to reduce/increase/set bail. (b) Motion to stay/recall bench warrant. (c) Motion to continue trial date. (d) Motion to enter plea. (e) Faretta motion (request for in pro per status). (f) Request for juror personal identifying information. (g) Motion for line up. (h) Motion to modify sentence. (i) Motion for plea negotiation conference. (j) Motion for release on own recognizance. (k) Motion to be relieved as attorney of record. (l) Motion for substitution of attorney.

(5) Two Court Days (May use Request for Calendaring Form): (a) Motion to reduce/increase/set bail. (b) Motion to stay/recall bench warrant. (c) Motion to continue trial date. (d) Motion to enter plea. (e) Faretta motion (request for in pro per status). (f) Request for juror personal identifying information. (g) Motion for line up. (h) Motion to modify sentence. (i) Motion for plea negotiation conference. (j) Motion for release on own recognizance. (k) Motion to be relieved as attorney of record. (l) Motion for substitution of attorney.

WARNING

The Court will not shorten the Rule 2.26(B) briefing schedule for matters that could have been timely filed and heard under the standard prerogative writ procedures.

The Court will not shorten the briefing schedule from that outlined in Rule 2.26 subdivision (B) for any matter which could have been timely filed and heard within the Court’s standard prerogative writ procedures.

WARNING

concluded within 45-60 days of this order shall be redirected to the appropriate locations for further action.

concluded within 45-60 days of this order shall be redirected to the appropriate locations for further action.

WARNING

Parties must immediately notify the settlement conference department if a case settles or otherwise terminates before the settlement conference date.

If a case settles or otherwise terminates before the date of the settlement conference, the parties shall immediately notify the settlement conference department.

WARNING

Compliance with the order must occur within 10 days of service unless otherwise directed.

Unless otherwise directed, compliance with the order shall be within 10 days of service of the order.

WARNING

Points and authorities for pre-merits motions in writ proceedings must comply with the filing schedule and page limits in California Rules of Court rules 3.1113 and 3.1300.

Points and authorities prepared for a motion prior to the merits of the petition shall comply with the filing schedule and page limits specified in the California Rules of Court, rule 3.1113 and rule 3.1300.

WARNING

Every criminal case set for trial must have a mandatory Trial Readiness Conference scheduled two weeks before trial on a Monday through Thursday; additional TRCs may be set earlier, but the mandatory TRC is required.

For any criminal case that is set for trial, a mandatory Trial Readiness Conference (TRC) must be set two weeks prior to the trial date on a Monday through Thursday. Additional trial readiness conferences may be set by the Home Court judge ahead of the mandatory TRC but all cases must have a mandatory TRC set on this schedule.

WARNING

All other papers, including opposition, reply papers, and proofs of service, if filed less than five days prior to the hearing, must be filed in the department in which the matter is to be heard.

All other papers, including opposition, reply papers, and proofs of service, if filed less than five days prior to the hearing, must be filed in the department in which the matter is to be heard.

WARNING

In all cases, motions to strike prior convictions for enhancement (including DUI matters) and motions to suppress made at the preliminary hearing require five court days' notice.

(4) Five Court Days (all cases): (a) Motion to strike prior convictions for enhancement, including driving under the influence matters. (b) Motion to suppress to be made at the preliminary hearing.

WARNING

Any party, including a de facto parent, may file a response to a rehearing application within 10 days of the application's filing date.

Any party including a de facto parent may file a response to the application within 10 days of the filing date of the application.

WARNING

Deadline

15 calendar days

A Certificate of Short Cause may be filed in lieu of a Case Management Statement if filed at least 15 calendar days before the Case Management Conference.

Certification may be filed in lieu of a Case Management Statement if filed at least 15 calendar days before the date set for the Case Management Conference.

WARNING

Upon approval of a minor's or incompetent's trust by a Probate Department judicial officer, the court sets a status hearing 14 months later on the filing of the first account.

Upon approval of the trust described herein by a judicial officer of the Probate Department, the court shall set a hearing date 14 months later for status on the filing of the first account.

WARNING

Deadline

10 calendar days

The mediator must file a statement on Judicial Council form ADR-100 within 10 calendar days after mediation concludes, advising the court of the outcome.

Within 10 calendar days of the conclusion of the mediation, the mediator shall file a statement on Judicial Council form ADR-100, advising the court whether the mediation ended in full agreement, partial-agreement, or no agreement.

WARNINGCivil cases

Trial court clerk is authorized to destroy trial court exhibits and depositions 60 days after final determination or dismissal (or final determination on appeal), after written notice to parties by first-class mail.

BY ORDER OF THE COURT AND EFFECTIVE IMMEDIATELY, pursuant to section 1952 of the Code of Civil Procedure the trial court clerk is authorized to destroy trial court exhibits and depositions in a civil action or proceeding 60 days after final determination or dismissal of the action or proceeding, or final determination on appeal, after the clerk provides written notice to the parties by first-class mail of intent to dispose of exhibits.

WARNING

If sanctions are imposed for failing to timely file the Labor Commissioner appeal papers, the appellant gets 30 days to file them; further delay may result in additional sanctions including dismissal.

(2) If sanctions are imposed under Code of Civil Procedure section 177.5, appellant shall file the papers prescribed in paragraph (A) within 30 days thereafter.

WARNING

Parties in civil actions must file and serve written notice of a lifted bankruptcy stay within five court days.

Any party to a civil action that becomes aware of a bankruptcy stay being lifted shall file and serve written notice to the assigned Case Management Program department within five court days.

WARNING

After tolling ends, CMP timelines resume and are measured from the termination of the tolling period.

Once the period of tolling has terminated, a plaintiff or real party in interest seeking to pursue the action shall do so in accordance with CMP timelines and the other provisions of this chapter. The CMP timelines will be measured from termination of the tolling period.

WARNING

A probate hearing that has been noticed (or noticed and continued to a definite date) cannot be heard before the scheduled date, regardless of new or amended petitions or notices.

When a hearing on a probate matter has been noticed, or when it has been noticed and continued to a definite date, the matter cannot be heard before the date set, regardless of the filing of a new petition, an amended petition, a new notice, or otherwise.

WARNING

Applications to waive jury fees must be made at least 25 days before trial, or at least five days in unlawful detainer proceedings.

If the relief sought is the waiver of jury fees, the application shall be made at least 25 days prior to the commencement of the trial for which the relief from fees imposed is sought, or at least five days in unlawful detainer proceedings.

WARNINGCivil cases

Trial court clerk is authorized to destroy post-trial hearing exhibits or depositions 60 days after conclusion of the hearing, or upon final determination of the appeal if an appeal is taken, after written notice to parties by first-class mail.

The trial court clerk is authorized to destroy post trial hearing exhibits or depositions in a civil action 60 days after the conclusion of the hearing, or if an appeal is taken, upon final determination of the appeal, after the clerk provides written notice to the parties by first-class mail of intent to dispose of exhibits.

WARNING

A response or objection to a petition for affirmative relief may be filed at or before the hearing.

A response or objection to a petition for affirmative relief may be filed at or before the hearing, pursuant to Probate Code section 1043.

INFO

The department clerk sets the hearing date and time for Election Writ matters; the parties may not select their own.

The department clerk will provide the parties with a hearing date and time. The parties may not select their own hearing date and/or time.

INFOCivil cases

The minute order granting an IDC tolls the discovery motion filing deadline until the Court sets a new deadline, unless the Court directs otherwise.

Unless otherwise indicated by the Court, the minute order granting an JDC will toll the deadline for filing the discovery motion. The deadline shall be tolled until such time as the Court issues a direction or order setting a new deadline for filing a discovery motion.

INFO

The Labor Commissioner Notice of Appeal is treated as the first paper for determining the filing date.

(C) The Notice of Appeal filed pursuant to Labor Code section 98.2 shall be treated as the first paper for the purpose of determining the filing date.

WARNINGCivil cases

Counsel must file the joint letter at least three court days before the scheduled IDC.

At least three court days before the scheduled JDC, counsel shall file a joint letter outlining the discovery dispute,

WARNING

Certified short cause cases are exempted from further case management and set for trial within 60-120 days after certification.

With respect to those cases subject to civil case management, upon determination by the court or on certification of a party that a case is short cause (five hours or less of trial time), that the pleading stage is complete and that the case will be ready for trial within 60 days, the case will be exempted from any further case management requirements and will be set for trial within 60-120 days after filing of the certification.

INFOCivil cases

An IDC request is deemed denied if the Court does not grant, deny, or schedule it within 10 calandar days of the initial request.

If the Court is in session and does not grant, deny, or schedule the party's request within 10 calendar days after the initial request, the request shall be deemed denied.