San Bernardino Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Civil Unlimited Complaint
- 1 copy
Adjournments
- A continuance of the first-set trial date must be requested by a written stipulation of all parties, without an ex parte application, filed at least 15 days before the trial date.
- Requests for continuances are governed by California Rule of Court, Rule 3.1332.
- A party seeking a continuance or not intending to proceed must notify the Judicial Assistant and opposing counsel as soon as possible and no later than 4:30 p.m. on the second court day before the hearing.
- Failure by the moving party to comply with the continuance-notice rule may result in removal from the calendar or submission of the matter for ruling.
- +8 more
Request must include
- A written continuance motion must include a supporting affidavit or declaration with specific good-cause facts and must be filed and served on every party at least two court days before the hearing.
Communication
Clerk7 contacts
- (909) 708-8678
- (909) 521-3085
- (909) 708-8853
- (909) 521-3447
- (909) 708-8756
- (909) 285-3753
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- (760) 269-4869
Other Contacts1 contacts
- probatenotes@sb-court.org
Page & Word Limits2 rules
An optional mediation brief may not exceed 10 pages, and all included photos and exhibits count toward that limit.
However, if you choose to submit one, it must not exceed 10 pages, including all photos and exhibits.
Mediation Brief
10 pages
Mediation briefs are optional, but an elected brief may not exceed 10 pages, including all photos and exhibits.
Mediation briefs are not required. If you choose to submit a mediation brief, the limit is 10 pages, including all photos and exhibits, and must be sent to mhill@ifhmb.com and amartin@ifhmb.com at least 5 days before the mediation.
Mediation Brief
10 pages
Document Format Requirements6 rules
Correction fluid or tape is prohibited on documents submitted for filing, and the Clerk may refuse such documents unless the Court orders otherwise.
Correction fluid or tape shall not be used on any documents or papers, of any nature, presented for filing as part of the official court file. Documents or papers with correction fluid or tape shall be refused for filing by the Clerk of the Court, unless otherwise ordered by the Court.
Mediation briefs must be double-spaced and emailed to amartin@ifhmb.com at least five days before mediation.
Briefs must be double-spaced and submitted via email to amartin@ifhmb.com at least five (5) days before the mediation.
Mediation briefs must use double spacing.
Briefs must be double-spaced.
Pages between exhibits must identify the word “Exhibit” and the exhibit number or letter in a font no smaller than 14, positioned in the middle or lower third of the page.
Parties submitting documents that contain exhibits shall ensure that the pages between exhibits contain the word, “Exhibit”, and the number or letter associated with the exhibit in no less than 14 font in the middle or lower third of the page.
The signature page of an order must contain at least three lines of the order’s contents, and no matter may appear after the judge’s signature.
Three (3) lines of the contents of the order must appear on the page upon which the Judge’s signature is affixed. In no case should any matter appear after the signature of the judge.
Exhibits attached to motions and oppositions must be separately tabbed at the bottom.
Additionally, exhibits attached to motions and oppositions must be separately tabbed at the bottom, so that exhibits can be easily identified and retrieved.
Document Filing Requirements129 rules
Moving papers supporting a P.C. 995 motion must include a summary of the transcript facts, a statement of the issues, pinpoint transcript citations for relied-upon testimony, and a reasoned statement of supporting authorities; mere statutory or constitutional citation is insufficient.
(a) A brief statement in summary form of the facts as set forth in the transcript. (b) A statement of the issues, specifically identifying in what regard the People's case is defective. (c) Where defendant intends to rely upon some testimony in the transcript, the moving papers shall contain references to such testimony identified as to page and line number of the transcript. (d) A statement of the authorities upon which defendant relies with explanation as to why they are applicable. (Mere citation of sections in the California Penal Code and the U.S. Constitution shall not be sufficient.)
Document Type
P.C. 995 Motion Moving Papers
A civil action filed in the court must include a Certificate of Assignment form attached to the complaint or petition.
A civil action presented for filing must be accompanied by a Certificate of Assignment form, attached to the Complaint or Petition.
Document Type
Complaint
If the court sets further trial setting conferences, an At Issue Memorandum must be filed and served at least 15 days before the conference.
In that event, an At Issue Memorandum shall be filed and served no later than 15 days prior to the trial setting conference.
Document Type
At Issue Memorandum
Parties must file and serve the Initial Trial Setting Conference Statement at least 10 days before the initial trial setting conference.
The parties shall file and serve, no later than 10 days prior to the Initial Trial Setting Conference an Initial Trial Setting Conference Statement (local form #13-09001-360).
Document Type
Initial Trial Setting Conference Statement
At the trial readiness conference, parties and trial counsel must submit specified pretrial documents unless the court directs otherwise.
On the date set by the Court, the parties and trial counsel shall appear and submit to the Court, unless otherwise directed by the Court, the following documents: 1) any oppositions to motions in limine; 2) proposed jury instructions; 3) proposed verdict forms; 4) witness and exhibit lists; 5) a statement of any stipulated facts; 6) proposed voir dire questions and/or questionnaires; and 7) a short statement of the case to be read to the jury, if applicable.
Document Type
Trial Readiness Submission
Motions in limine must be in writing, filed, and served at least eight days before the applicable deadline stated in the source.
All motions in limine shall be in writing and filed with service completed at least 8 days
Document Type
Motion In Limine
The first page of each PAGA case paper must state immediately below the case number that the case was filed under PAGA.
The first page of each paper shall specify immediately below the case number that the case is one filed under the Private Attorneys General Act of 2004 (PAGA).
Document Type
Paga Case Paper
A motion in limine concerning inadmissible or prejudicial matter must include a declaration identifying the matter, documenting discussion with opposing counsel and the opposing position, stating the prejudice, and, when applicable, setting out the discovery question and answer with an explanation of why impeachment would not adequately protect the moving party.
(a) Motions made for the purpose of precluding the mention or display of inadmissible and prejudicial matter in the presence of the jury shall be accompanied by adeclaration that includes the following: (1) A clear identification of the specific matter alleged to be inadmissible and prejudicial; (2) A representation to the court that the subject of the motion has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that counsel has refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted in evidence; (3) A statement of the specific prejudice that will be suffered by the moving party if the motion is not granted; and (4) If the motion seeks to make binding an answer given in response to discovery, the declaration must set forth the question and the answer and state why the use of the answer for impeachment will not adequately protect the moving party against prejudice in the event that evidence inconsistent with the answer is offered.
Document Type
Motion In Limine
Upon settlement, the parties must immediately notify the court and file and serve a Notice of Settlement.
In the event of settlement, the parties shall immediately notify the Court thereof and file and serve a Notice of Settlement.
Document Type
Notice Of Settlement
When a case is removed to federal court or transferred to another superior court, counsel may use a Notice of Status of Removed Case instead of appearing, but the notice must be filed and served at least 15 days before the case-management or trial-setting conference.
In the event that a case is removed to any federal court or transferred to a superior court in another county, counsel may file a Notice of Status of Removed Case with the court in lieu of appearing at the court hearing. The Notice of Status of Removed Case must be filed and served no later than 15 days prior to the date of the case management or trial setting conference.
Document Type
Notice Of Status Removed Case
When a case is removed to bankruptcy court, the debtor must promptly file a Notice of Stay.
If a case is removed to bankruptcy court, the debtor shall promptly file a Notice of Stay
Document Type
Notice Of Stay
If the person for whom the guardian is sought is a defendant, the guardian-ad-litem application must state the date the defendant was served.
If the latter is a defendant, the application shall state the date on which the defendant was served.
Document Type
Guardian Ad Litem Application
A party electing remote appearance must submit Form RA-010, Notice of Remote Appearance, for filing.
The party is required to submit form RA-010 (Notice of Remote Appearance) to the Court for filing.
Document Type
Notice Of Remote Appearance
A guardian-ad-litem application must be captioned for the proposed or pending action and include the specified written consents.
Every application for the appointment of a guardian ad litem shall be captioned as the proposed or pending action, be accompanied by the written consent of the person nominated and, if the ward is over fourteen years of age, of the one for whom the guardian is sought.
Document Type
Guardian Ad Litem Application
An application for counsel for a defendant in military service must state the service branch, service mailing address, response deadline, whether a pleading has been filed, and other pertinent facts.
An application for the appointment of an attorney for a defendant in military service shall state the branch of such service, his/her service mailing address, when the time to answer or demur expires, whether any pleading has been filed on his/her behalf, and any other pertinent facts.
Document Type
Appointed Counsel Application
The first page of each CEQA case paper must state immediately below the case number that the case is filed under the California Environmental Quality Act.
The first page of each paper shall specify immediately below the case number that the case is one filed under the California Environmental Quality Act (CEQA).
Document Type
Paper
Every claim for appointed psychiatric or psychological evaluation services must include a copy of the Court's appointment order.
A copy of the psychiatric/psychological Court order of appointment must accompany all claims for appointed evaluation services.
Document Type
Claim For Appointed Evaluation Services
Any claim for expert testimony must include a copy of the subpoena issued to the expert.
Pursuant to Rule 1419.8, a copy of the subpoena to the expert must also accompany any claim for expert testimony.
Document Type
Claim For Expert Testimony
A claim for expert testimony must be accompanied by a copy of the subpoena to the expert.
A copy of the subpoena to the expert must accompany a claim for expert testimony.
Document Type
Claim For Expert Testimony
Defense counsel must sign EC § 1017 confidential evaluation and report service billings in the provided space before submitting them to the Court.
Billings for EC § 1017 defense requested confidential evaluation and report services must be signed by defense counsel in the space provided prior to submittal to the Court.
Document Type
Billing For Confidential Evaluation And Report Services
Every juvenile motion must include a notice of motion, a supporting declaration, and a supporting memorandum of points and authorities.
A motion shall be comprised of a notice of motion, a declaration in support of the motion, and a memorandum of points and authorities in support of the motion.
Document Type
Motion
Juvenile motions must be written and must specifically identify the issues for the court.
All motions shall be in writing and shall designate with specificity the issues to be litigated and decided by the Court.
Document Type
Motion
A notice of a Welfare and Institutions Code section 700.1 motion must contain the rule’s specified suppression and legal-basis information.
The notice of motion designating a motion pursuant to Welfare and Institutions Code section 700.1 shall:
Document Type
Notice Of Motion
An ex parte shortening-time application must include an affidavit or declaration establishing good cause and describing notification attempts, together with a proposed order, notice of motion, and supporting papers.
The Application shall be accompanied by an affidavit or declaration setting forth facts showing good cause for the order and any attempts made to notify each party of the ex parte hearing. The Application shall also be accompanied by a proposed order, as well as by the notice of motion and supporting papers.
Document Type
Ex Parte Order Shortening Time Application
The renewal Certificate of Competency must be accompanied by evidence of at least eight hours of juvenile-related continuing training or education and any required California Rules of Court recertification training.
The attorney shall attach to the renewal Certificate of Competency evidence that the attorney has completed at least eight (8) hours of continuing training or education directly related to juvenile proceedings since the attorney was last certified and evidence of completion of any training required for recertification by the California Rules of Court.
Document Type
Renewal Certificate Of Competency
Counsel seeking inclusion on the Probate court appointed counsel list must complete and submit Form GC-010, with a new form due by March 31 of the following year and each subsequent year.
5. Counsel seeking inclusion on the Probate court appointed counsel list must complete the Judicial Council form GC-010, Certification of Attorney Concerning Qualifications for Court Appointment in Conservatorship/Guardianships (“Form GC-010”), then, no later than March 31 of the following year and each subsequent year thereafter, must complete and submit a new Form GC-010. Failure to timely submit Form GC-010 may result in removal from the Probate court appointed counsel list.
Document Type
Form GC-010
Every court-appointed attorney must file a verified written report stating bar status and disciplinary history, professional liability coverage, and prior representations, including the represented party's name and an explanation of the representation; reports for private professional conservators or fiduciaries must be included.
Written Report. Any attorney appointed by the court must file a written report with a verified statement that: (1) The appointed attorney is an active member of the State Bar of California and no disciplinary actions are pending and none were filed against him or her during the past twelve months; (2) The appointed attorney has professional liability insurance coverage in effect with policy limits consistent with the value of the matter being handled; and (3) The appointed attorney has not represented any party to the proceeding except as stated 63 ===== PAGE 88 ===== Superior Court of California, County of San Bernardino in the report. The statement must include the name of the party represented and a brief explanation of the representation. Cases where an appointed attorney has represented a private professional conservator or professional fiduciary in the proceeding must be included.
Document Type
Appointed Attorney Written Report
Each fee petition must include separate subtotals showing the hours charged at every requested hourly rate.
3. All petitions for fees shall include separate subtotals setting forth the number of hours charged at each different hourly rate for which payment is requested.
Document Type
Fee Petition
Every bond-waiver request must be accompanied by a declaration from the requesting party containing the information specified by Rule 20-401.
All requests for waiver of bond must be accompanied by a declaration from the requesting party providing the following information:
Document Type
Bond Waiver Request Declaration
The bond-waiver declaration must address estate solvency, known or ascertainable unsecured creditors and contingent liabilities, estimated liabilities and taxes, and the efforts used to obtain the required information.
(a) Whether the estate is solvent. (b) The name and address of any known or reasonably-ascertainable, unsecured creditors of the estate, including contingent liabilities. (c)The estate’s estimated liability to these unsecured creditors, including contingent liabilities. (d) Estimated tax liabilities of the estate. (e)A detailed description of the efforts taken to obtain the information required by this rule.
Document Type
Bond Waiver Request Declaration
Every caption must identify the Probate Code section or other statutory authority authorizing the requested relief.
All captions shall include a reference to the Probate Code section and/or any other statutory authority that authorizes the relief requested.
Document Type
Caption
Relief based on the Probate Code must be sought by petition, while relief based on the Code of Civil Procedure or Civil Code must be brought as law and motion.
(a) An application for relief based upon the Probate Code must be brought as a petition. An application for relief based upon the Code of Civil Procedure or Civil Code must be brought as law and motion.
Document Type
Petition Or Law And Motion
An unappointed trustee must file a consent to act with the court before the court orders an estate distribution to that trustee.
If there is to be a distribution from an estate to a trustee who has not yet been appointed, the trustee must file with the court a consent to act as trustee before the distribution is ordered.
Document Type
Consent To Act As Trustee
Unrelated requests for relief must not be combined and must instead be filed in separate pleadings.
(b) Unrelated requests for relief may not be filed together and must be filed in separate pleadings.
Document Type
Separate Pleadings
A petition affecting title to real property must attach the deed(s) by which the decedent acquired title.
Where the petition affects title to real property such as, Spousal Property Petition, Petition to Determine Succession to Real Property, and Probate Code §850 Petitions, a copy of the deed(s) by which the decedent acquired titled must be attached to the petition.
Document Type
Petition Affecting Title To Real Property
When requested notice has been given, an ex parte application must include a waiver, a declaration of at least 24 hours’ telephonic notice, or a statement that Probate Code section 1250(c) does not apply.
If any such notice has been requested, the ex parte application must contain a waiver of the request, a declaration that the requesting party was given at least twenty-four (24) hours’ telephonic notice of the application, or a statement that the subject of the application is not covered by Probate Code section 1250(c).
Document Type
Ex Parte Application
Specified probate petitions must include a copy of the decedent’s or settlor’s death certificate with the social security number redacted.
A copy of the decedent’s and/or settlor’s death certificate, with the decedent’s and/or settlor’s social security number redacted, shall be filed with any Petition for Probate (Probate Code, § 7000 et seq.), Petition to Determine Succession to Real Property (Probate Code, § 13150 et seq.), Spousal Property Petition (Probate Code, § 13500 et seq.), and any Trust Petition.
Document Type
Probate Petition
A petition affecting title to personal property must attach supporting documents showing the decedent’s ownership.
Where the petition affects title to personal property such as, Spousal Property Petition, and Probate Code §850 Petitions, a copy of the supporting document(s) which shows decedent’s ownership must be attached to the petition.
Document Type
Petition Affecting Title To Personal Property
A marriage certificate must accompany all spousal property petitions and any petition or motion requesting or requiring a community-property determination.
A copy of the Petitioner and Decedent’s marriage certificate must be filed with all Spousal Property Petitions (Probate Code, § 13500, et seq.) and all petitions and motions where a determination whether property is characterized as community property is requested or required.
Document Type
Spousal Property Petition Or Community Property Petition Or Motion
Distribution petitions must allege whether property is separate or community property and describe all property to be distributed in detail.
All petitions for distribution shall contain an allegation as to the character of the property, whether separate or community. The petition for distribution must describe in detail all property to be distributed, either in the body of the petition or in the prayer, or by a schedule incorporated in the petition for reference.
Document Type
Distribution Petition
An extraordinary-compensation application must reference the application in the petition caption, prayer, and hearing notice and include an itemized description of services, time, and hourly rate.
Applications for extraordinary compensation will not be considered unless both the caption and prayer of the petition, and the notice of hearing of the petition, contain a reference to the application for extraordinary compensation. Such applications must be accompanied by an itemized description of services rendered, time expended, and hourly rate.
Document Type
Extraordinary Compensation Application
The distribution decree must identify each distributee and the property or cash distributed, even when accounting is waived.
The decree of distribution, whether or not an accounting has been waived, must set forth specifically the manner in which the estate is distributed by showing the distributee's name, address and a description of the property or cash to be distributed.
Document Type
Distribution Decree
In a case with only one estate distributee, the distributee must file a written, signed stipulation containing all statements required by subsection 2.a.
In cases involving a sole distributee of the estate only, the sole distributee must file a written, signed Stipulation containing all statements required in 2.a. of this Local Rule.
Document Type
Stipulation
A person who filed a Request for Special Notice must either sign the stipulation or withdraw that request.
Each person who has filed a Request for Special Notice must sign the Stipulation or withdraw the Request for Special Notice.
Document Type
Stipulation
All interested persons must sign the written stipulation.
All interested persons must sign the Stipulation.
Document Type
Stipulation
The written stipulation must include the six specified statements concerning hearing advancement, submission, hearing and notice waivers, objections, agreement to the account, and receipt and review of the account.
The written Stipulation must include the following: (1) A statement that the interested persons agree to advance the accounting hearing on the Final Account. This statement must include the hearing date set as a result of the filing of the Final Account (see 1.c., above); (2) A statement that the interested persons agree to have the Court take the Final Account under submission; (3) A statement that the interested persons agree to waive their right to a hearing on the Final Account; (4) A statement that the interested persons agree to waive notice of the hearing on the Final Account; (5) A statement that the interested persons waive all objections to the Final Account and specifically agree to the Final Account and prayer for relief stated in the Final Account. (6) A statement that the interested persons agree they have each received a copy of and have read the Final Account.
Document Type
Stipulation
Qualification for the expedited procedure requires a written stipulation from all interested persons agreeing to waive a hearing.
To qualify for an Expedited Final Account, all interested persons must stipulate in writing to the Final Account and must agree to waive the right to a hearing as follows:
Document Type
Stipulation
Proof of satisfaction for all allowed creditor claims must be attached to the filed Final Account.
Proof of Satisfaction of all allowed creditor claims must be included/attached to the filed Final Account.
Document Type
Final Account
If a reserve exceeding $5,000 is requested, petitioners must submit an informal reserve accounting with the Ex Parte Petition for Final Discharge, and this requirement cannot be waived.
If a reserve over $5,000 is requested, Petitioner(s) must submit an informal accounting on the reserve with the Ex Parte Petition for Final Discharge. This requirement cannot be waived.
Document Type
Ex Parte Petition For Final Discharge
A Guardianship Questionnaire must be completed, signed, and filed with every probate guardianship petition.
(a) A Guardianship Questionnaire shall be completed, signed and filed with all petitions for probate guardianship.
Document Type
Probate Guardianship Petition
Each parent petitioner must file a separate Termination of Guardianship – Parent Questionnaire, even when the petitioners are married or live together.
Each petitioner shall complete, sign and file a separate Termination of Guardianship – Parent Questionnaire, even if they are married and/or living in the same household.
Document Type
Petition To Terminate Probate Guardianship
A parent filing a petition to terminate probate guardianship must complete, sign, and file the Termination of Guardianship – Parent Questionnaire.
(b) A Termination of Guardianship – Parent Questionnaire form shall be completed, signed and filed with all petitions to terminate probate guardianship that are filed by a parent.
Document Type
Petition To Terminate Probate Guardianship
A request to dispense with notice to an unknown father must include a certified copy of the minor’s birth certificate and the declaration of due diligence.
Requests to dispense with notice to an unknown father require the filing of a certified copy of the minor’s birth certificate with the declaration of Due Diligence.
Document Type
Request To Dispense With Notice
Each proposed guardian must file a separate Guardianship Questionnaire, even when the guardians are married or live together.
Each proposed guardian shall complete, sign and file a separate Guardianship Questionnaire, even if they are married and/or living in the same household.
Document Type
Probate Guardianship Petition
Requests to dispense with notice for unknown, deceased, or reasonably unlocatable persons must include a fully completed declaration of due diligence.
(b) All requests to dispense with notice for persons who are unknown to petitioners; or are deceased; or who cannot reasonably be located after a good faith, diligent search has been completed, must be accompanied by a fully completed declaration of Due Diligence form.
Document Type
Request To Dispense With Notice
When adoption proceedings are pending, appointment of a guardian of the person is barred unless the specified Section 1513 report authorizing the appointment is filed.
A guardian of the person of a minor will not be appointed if adoption proceedings are pending unless a report is filed under authority of Section 1513 of the Probate Code by the appropriate officer or investigator with the State Department of Social Services authorizing the granting of said guardianship.
Document Type
Guardianship Appointment
Third persons paid for guardianship services must sign a verification of the services and payment, which must be attached to the account for the relevant period.
those persons shall sign a verification stating that they performed the services on the dates specified and received payment in the amount, if any, set forth in the account. The verification shall be attached to the account for the period in which the services were rendered.
Document Type
Guardianship Account
Private professional or licensed guardians or conservators providing bank or investment account statements must provide two document sets under separate covers.
(d) Private professional or licensed guardians or conservators who provide bank or investment account statements pursuant to Probate Code section 2620(c) shall provide two sets of documents under separate cover.
Document Type
Guardianship Account
In every conservatorship case, the specified Medical Capacity Declaration, Order Appointing Court Investigator, and Court Investigator referral form must be prepared and filed with the petition.
In all conservatorship cases the court investigator will conduct an investigation. To obtain the investigation, the following forms must also be prepared and filed with the petition: Medical Capacity Declaration; an Order Appointing Court Investigator, Judicial Council Form GC-330; and a Court Investigator's referral form, Local Form SB360.
Document Type
Petition
Every guardianship Inventory and Appraisal must include investment account statements verifying cash or securities, or qualifying financial-institution verification letters, and any substantial discrepancy must be explained or reconciled.
Copies of investment account statements verifying the balance of cash and/or securities on hand must be attached to all Inventories and Appraisals. Letter verifications from the financial institution stating the balance as of the applicable date may be substituted for copies of the statements. Substantial variation between the statement or verification and the balance reflected in the inventory must be explained or reconciled.
Document Type
Inventory And Appraisal
Copies of documents supporting an accounting must be marked and filed as exhibits; available originals must be maintained and produced to the court upon request.
Copies of documents shall be marked and filed as exhibits to the accounting. The original documents, where available, shall be maintained by the parties and produced to the court upon its request.
Document Type
Accounting
Each conservator must file a Confidential General Care Plan using Local Form SB-101120 within 60 days of appointment.
In addition to Determination of Conservatee’s Appropriate Level of Care (Judicial Council Form GC-355), each conservator shall file, a Confidential General Care Plan for the conservatee within 60 days of appointment as conservator. The general care plan shall be on Local Form SB-101120,
Document Type
Confidential General Care Plan
Filing & Service rules
Electronic Filing Rules
Documents must be electronically filed through an approved electronic filing service provider identified on the Court website.
The electronic filing of documents must be effected through an approved electronic filing service provider. Electronic filing service provider information is available on the Court’s website at https://sanbernardino.courts.ca.gov.
Page 82 | CHAPTER 18 — ELECTRONIC FILINGS AND SERVICE, RULE 1840 RECEIPT OF ELECTRONICALLY SUBMITTED DATA
Electronic filing and service are mandatory in Designated Cases, subject to court-ordered exemptions and the stated exemption and encouragement for self-represented parties.
Pursuant to Code of Civil Procedure section 1010.6, and California Rules of Court, rules 2.251 and 2.253, the Court adopts mandatory electronic filing and service in Designated Cases. Designated Cases shall be as set forth in the Court’s General Order regarding mandatory electronic filing and service, which shall be posted on the Court’s website (www.sb-court.org/efiling). A party may seek a court-ordered exemption from mandatory electronic filing and service due to undue hardship, significant prejudice, or other good cause. Self-represented parties are exempt from mandatory electronic filing and service requirements but are encouraged to participate in electronic filing and service.
Page 82 | CHAPTER 18 — ELECTRONIC FILINGS AND SERVICE, RULE 1810(B) MANDATORY ELECTRONIC FILING AND SERVICE
Form RA-010 may be filed electronically or submitted in person at the court location where the petition is or will be filed.
The form may be electronically filed or submitted in person to the court location where the petition has been or will be filed.
Page 45 | Rule 735 Remote Appearance on Domestic Violence Restraining Order or Gun Violence Restraining Order
A fax received into a computer file is governed as a fax filing and is not considered an electronically filed document.
The Court may receive a facsimile transmission into a computer file, rather than receiving such a transfer onto paper. For purposes of these rules, however, such a document shall not be considered an electronically filed document, but rather, shall be governed by the rules of court governing Fax Filings.
Page 82 | CHAPTER 18 — ELECTRONIC FILINGS AND SERVICE, RULE 1820 FAX FILINGS
Electronic filing requirements are governed by cited statutory, statewide, local, and court-posted rules and policies.
E-filing requirements shall be governed in accordance with Code of Civil Procedure section 1010.6, California Rules of Court, rules 2.250 et seq., applicable Local Rules, and any policies, orders, and requirements adopted by the Court and posted on the Court website.
Page 82 | CHAPTER 18 — ELECTRONIC FILINGS AND SERVICE, RULE 1800 ELECTRONIC FILING
Electronic filing is permitted for specified case types identified on the Court website.
The Court permits electronic filing for specified case types as posted on the Court’s website (www.sb-court.org/efiling).
Page 82 | CHAPTER 18 — ELECTRONIC FILINGS AND SERVICE, RULE 1810(A) PERMISSIVE ELECTRONIC FILING
Filing Timing and Cure Windows
IFHMB must receive the mediation request form at least five business days before the court-noticed mediation date.
Mediation request forms must be received by IFHMB at least 5 business days before the mediation date indicated on the notice from the court.
Page 1 | IFHMB MEDIATION REQUEST FORM - Civil
The debtor must promptly file the Notice of Stay after removal to bankruptcy court.
If a case is removed to bankruptcy court, the debtor shall promptly file a Notice of Stay
Page 38 | Rule 420 Cases Removed to Other Courts
The Notice of Status of Removed Case must be filed no later than 15 days before the case-management or trial-setting conference.
The Notice of Status of Removed Case must be filed and served no later than 15 days prior to the date of the case management or trial setting conference.
Page 38 | Rule 420 Cases Removed to Other Courts
The parties must immediately notify the court and file the Notice of Settlement after settling the case.
In the event of settlement, the parties shall immediately notify the Court thereof and file and serve a Notice of Settlement.
Page 38 | Rule 416 Duty of Counsel as to Trial Date Assigned
Regular civil default actions may not be set for hearing until 60 days have elapsed after the complaint or petition is filed, except as otherwise permitted by court order or law.
the clerk of this Court shall not set regular civil default actions for hearing in any department until 60 days have elapsed after filing of the complaint or petition
Page 39 | RULE 424 CIVIL DEFAULTS
The defendant's or respondent's default must be entered at least 10 days before the proposed civil default hearing date.
unless the default of the defendant or respondent shall have been first entered not less than 10 days before the proposed hearing date.
Page 39 | RULE 424 CIVIL DEFAULTS
All non-initiating papers, including opposition and support papers, must be filed in the department where the matter is scheduled within the time prescribed by statute or the California Rules of Court.
All papers, other than those initiating the proceedings, whether in opposition or support, shall be filed in the department in which the matter is scheduled, within the time prescribed by statute or California Rules of Court.
Page 40 | RULE 510 SUBSEQUENT FILING
Except for specified motions, moving papers must be filed within five court days after reserving a hearing date.
With the exception of motions pursuant to California Code of Civil Procedure Section 128.7, motions filed in a summary proceeding under California Code of Civil Procedure Section 1159 et seq. and summary judgment motions, moving papers shall be filed within five court days of reserving a hearing date.
Page 40 | RULE 520 MOTION DATE
A party seeking an ex parte order must notify all parties by 10:00 a.m. on the preceding court day.
A party seeking an ex parte order must notify all parties no later than 10:00 A.M. on the court day before the ex parte appearance as provided by the California Rules of Court, rule 3.1203.
Page 45 | Rule 731 Civil Ex Parte Applications
All ex parte applications must be filed by noon on the court day before the scheduled hearing.
All ex parte applications must be filed with the Court no later than 12:00 P.M. on the court day preceding the day of the scheduled hearing on the ex parte application.
Page 45 | Rule 731 Civil Ex Parte Applications
A law enforcement request to appear in court rather than remotely, submitted in person, must be filed at least ten court days before the subpoenaed video proceeding.
Requests submitted in person must be presented for filing at least ten (10) court days before the date of the video proceeding set out in the subpoena.
Page 56 | RULE 1330 REMOTE VIDEO ARRAIGNMENTS, TRIALS AND RELATED PROCEEDINGS IN TRAFFIC INFRACTION CASES
Exhibits for a remote video trial submitted by mail must be postmarked at least fifteen days before the trial date.
Exhibits that are submitted by mail must be postmarked at least fifteen (15) days before the remote video trial date.
Page 56 | RULE 1330 REMOTE VIDEO ARRAIGNMENTS, TRIALS AND RELATED PROCEEDINGS IN TRAFFIC INFRACTION CASES
Exhibits for a remote video trial submitted in person must be presented at least ten court days before the trial date.
Exhibits that are submitted in person must be presented at least ten (10) court days before the remote video trial date.
Page 56 | RULE 1330 REMOTE VIDEO ARRAIGNMENTS, TRIALS AND RELATED PROCEEDINGS IN TRAFFIC INFRACTION CASES
Forms for remote video traffic infraction proceedings submitted in person must be filed at least ten court days before the scheduled appearance.
Forms submitted in person must be presented for filing at least ten (10) court days before the appearance date indicated on the Notice to Appear.
Page 56 | RULE 1330 REMOTE VIDEO ARRAIGNMENTS, TRIALS AND RELATED PROCEEDINGS IN TRAFFIC INFRACTION CASES
Forms for remote video traffic infraction proceedings submitted by mail must be postmarked at least fifteen days before the scheduled appearance.
Forms submitted by mail must be postmarked at least fifteen (15) days before the appearance date indicated on the Notice to Appear.
Page 56 | RULE 1330 REMOTE VIDEO ARRAIGNMENTS, TRIALS AND RELATED PROCEEDINGS IN TRAFFIC INFRACTION CASES
A law enforcement request to appear in court rather than remotely, submitted by mail, must be postmarked at least fifteen days before the subpoenaed video proceeding.
Forms submitted by mail must be postmarked at least fifteen (15) days before the date of the video proceeding set out in the subpoena.
Page 56 | RULE 1330 REMOTE VIDEO ARRAIGNMENTS, TRIALS AND RELATED PROCEEDINGS IN TRAFFIC INFRACTION CASES
Juvenile dependency reports from Children and Family Services must be filed at least 10 calendar days before the hearing unless a court order or law provides otherwise.
Unless otherwise ordered or specifically provided by law, all reports prepared by the San Bernardino County Children and Family Services Department for a hearing in a juvenile dependency matter shall be filed with the Court no later than 10 calendar days prior to the hearing.
Page 71 | Rule 1620 Time for Filing Reports in Juvenile Proceedings
Juvenile delinquency reports from the Probation Department must be filed at least 48 hours before the hearing unless a court order or law provides otherwise.
Unless otherwise ordered or specifically provided by law, all reports prepared by the San Bernardino County Probation Department for a hearing in a juvenile delinquency matter shall be filed with the Court no later than 48 hours prior to the hearing.
Page 71 | Rule 1620 Time for Filing Reports in Juvenile Proceedings
The hearing date for a motion must be cleared with the court clerk before the motion is filed and served.
The date for the motion to be heard shall be cleared with the Court clerk prior to filing and serving the motion.
Page 72 | Rule 1650 Motions
An objection to a juvenile-information release request must be filed and served within 15 calendar days after the court clerk gives notice of the request.
The objection shall be filed and served no later than fifteen (15) calendar days after the date the Court clerk gives notice of the request.
Page 73 | Rule 1690.1 Objection to request for release of information
The court may shorten the time for service and filing of a notice of motion and supporting papers only if the requesting party files an ex parte application.
The Court may prescribe a shorter time for the service and filing of a notice of motion and supporting papers only if the party seeking to shorten the time files an Application for Ex Parte Order Shortening Time with the Court.
Page 73 | RULE 1660 ORDER SHORTENING TIME
An attorney making a first appearance in a juvenile matter after the rule's effective date must submit an initial Certification of Competency within 10 days after that appearance.
Any attorney appearing in a juvenile matter for the first time after the effective date of this rule shall complete and submit an initial Certification of Competency to the Court within ten (10) days after his or her first appearance in a juvenile matter.
Page 74 | Rule 1692.1 Time for submitting initial Certification of Competency with the Court
Previously certified attorneys must submit a renewal Certificate of Competency by January 31 of the third year after initial certification and every three years thereafter.
In order to retain his or her certification, each attorney who has been certified previously by the Court shall submit a renewal Certificate of Competency to the Court on or before January 31st of the third year after the year in which the attorney was first certified and then every third year thereafter.
Page 75 | Rule 1692.5 Recertification every three years
An attorney notified of decertification has 20 days from the mailing of the notice to submit a compliant renewal Certification of Competency.
The attorney shall have 20 days from the date of the mailing of the notice to submit a renewal Certification of Competency in compliance with these rules and the California Rules of Court.
Page 76 | Rule 1692.7 Decertification
CASA reports must be submitted to the court at least two days before the hearing for which they were prepared.
All CASA reports must be submitted to the court, at least, two (2) days prior to the hearing for which the report was prepared.
Page 78 | Rule 1693.6 Submission of CASA Reports to the Court
An electronically submitted document received on a court day and accepted for filing is deemed filed that same court day.
Pursuant to Code of Civil Procedure section 1010.6(e)(3), any document received electronically by the Court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day if accepted for filing.
Page 82 | CHAPTER 18 — ELECTRONIC FILINGS AND SERVICE, RULE 1830 DATE/TIME OF ELECTRONIC FILING
An electronically submitted document received on a non-court day and accepted for filing is deemed filed on the next court day.
Any document received electronically on a non-court day is deemed to have been filed on the next court day if accepted for filing.
Page 82 | CHAPTER 18 — ELECTRONIC FILINGS AND SERVICE, RULE 1830 DATE/TIME OF ELECTRONIC FILING
When a technical problem prevents acceptance of an electronic filing, the court deems the document filed on that day if the filer demonstrates an attempted filing, using the Local Rule 1830 times, but this rule does not apply to complaints or other initial pleadings.
Pursuant to California Rules of Court, rule 2.259(c), if a technical problem with the Court's electronic filing system prevents the Court from accepting an electronic filing on a particular court day, the Court shall deem the document as filed on that day if the electronic filer demonstrates that he or she attempted to electronically file the document on that day. For purposes of determining the court day that the document will be deemed filed, the times set forth in Local Rule 1830 apply. This Local Rule does not apply to the filing of a complaint or any other initial pleading in an action or proceeding. (Eff. August 15, 2023.)
Page 83 | RULE 1850 ERRORS OR MALFUNCTION IN ELECTRONIC FILING
The verified guardianship account must be filed 30 days before the court’s scheduled review hearing.
(a) The verified account is to be filed 30 days prior to the date set by the court for the review hearing.
Page 102 | RULE 20-1311 ACCOUNTS OF GUARDIANSHIP
The parties must file the Joint Statement no later than four court days before the Initial Case Management Conference.
The Joint Statement is to be filed in the Department no later than four court days before the conference.
Page 3 | OBLIGATION TO MEET AND CONFER BEFORE THE INITIAL CASE MANAGEMENT CONFERENCE
The moving party must file and serve on all parties a notice stating whether the conference occurred and identifying resolved issues no later than two calendar days before the hearing.
No later than two calendar days before the hearing, the moving party is required to file a notice in the Department, with service on all parties, specifying whether the conference has occurred and specifying any issues that have been resolved.
Page 5 | Obligation to Meet and Confer Regarding Motions
Form RA-010 may be filed with the petition or at least one court day before the hearing.
The form could be filed simultaneously with the petition for domestic violence or gun violence restraining order or presented for filing at least one (1) court day before the scheduled hearing date.
Page 45 | Rule 735 Remote Appearance on Domestic Violence Restraining Order or Gun Violence Restraining Order
The electronic-filing date rule does not alter filing deadlines.
Pursuant to California Rules of Court, rule 2.252(c), this Local Rule does not alter any filing deadline.
Page 82 | CHAPTER 18 — ELECTRONIC FILINGS AND SERVICE, RULE 1830 DATE/TIME OF ELECTRONIC FILING
Electronic filing does not excuse compliance with other filing deadlines and requirements.
This Local Rule concerns only the method and effective date of filing; any document that is electronically filed must satisfy all other legal filing deadlines and requirements.
Page 82 | CHAPTER 18 — ELECTRONIC FILINGS AND SERVICE, RULE 1830 DATE/TIME OF ELECTRONIC FILING
Electronic receipt is presumed only when a court confirmation is created, and the electronic filer must verify that the court received the document.
time a confirmation of the Court’s receipt of the electronic transmission is created. (Cal. Rules of Court, rule 2.259(a)(1).) Absent this confirmation, there is no presumption that the document was received electronically by the Court. The electronic filer is responsible for verifying the Court received any document electronically submitted. (Eff. August 15, 2023.)
Page 83 | RULE 1850 ERRORS OR MALFUNCTION IN ELECTRONIC FILING
The appointed attorney's report must be filed in every appointment case within a reasonable time before the applicable hearing.
(4) A report must be filed with the court in each case in which the attorney is appointed and shall be filed with the court within a reasonable time prior to the applicable hearing.
Page 88 | RULE 20-106 WRITTEN REPORT FOR APPOINTED ATTORNEYS
Service and Proof of Service Rules
Written opposition to a Criminal Protective Order modification request must be filed no later than nine court days before the hearing and served as provided for oppositions under the Code of Civil Procedure.
Any written opposition to the modification request shall be filed no later than 9 court days prior to the hearing and shall be served in the manner provided for the filing of oppositions in Chapter 5 of Title 14 of Part 2 of the Code of Civil Procedure.
Page 29 | RULE 1320
All motions in limine must be written and filed with service completed at least 8 days.
All motions in limine shall be in writing and filed with service completed at least 8 days
Page 36 | Rule 411.2 Trial Readiness Conference
The At Issue Memorandum must be served no later than 15 days before the trial setting conference.
In that event, an At Issue Memorandum shall be filed and served no later than 15 days prior to the trial setting conference.
Page 36 | Rule 411.1 Trial Setting Conference
The Initial Trial Setting Conference Statement must be served no later than 10 days before the conference.
The parties shall file and serve, no later than 10 days prior to the Initial Trial Setting Conference an Initial Trial Setting Conference Statement (local form #13-09001-360).
Page 36 | Rule 411.1 Trial Setting Conference
The Notice of Status of Removed Case must be served no later than 15 days before the case-management or trial-setting conference.
The Notice of Status of Removed Case must be filed and served no later than 15 days prior to the date of the case management or trial setting conference.
Page 38 | Rule 420 Cases Removed to Other Courts
The parties must immediately notify the court of settlement and file and serve the Notice of Settlement.
In the event of settlement, the parties shall immediately notify the Court thereof and file and serve a Notice of Settlement.
Page 38 | Rule 416 Duty of Counsel as to Trial Date Assigned
A proof of service must be filed at least 10 days before the examination for motions or ORAPS to avoid removal from the calendar.
Motions/ORAPS where a proof of service has not been filed at least ten days before the examination.
Page 40 | RULE 560 MOTIONS REMOVED FROM CALENDAR
Parties must comply with California Rules of Court rule 3.1206 when serving ex parte application and opposition papers.
The parties shall comply with California Rules of Court, rule 3.1206 regarding service of ex parte application and opposition papers.
Page 45 | Rule 731 Civil Ex Parte Applications
Reply papers must be filed and served on every party at least two court days before the hearing, subject to the Rule 1650.1 extensions when personal service is not used.
Any reply papers in support of the motion shall be filed with the Court and served on each party at least two Court days prior to the hearing, with the period for notice increased, as described in Rule 1650.1, supra, if personal service is not employed.
Page 72 | Rule 1650.3 Reply
The clerk will not accept a motion for filing unless it includes a proof of service.
The Court clerk shall not accept a motion for filing if it is not accompanied by a proof of service.
Page 72 | Rule 1650 Motions
Absent a time-shortening order, the notice of motion and supporting papers must be personally served and filed at least 15 calendar days before the hearing.
Where an order shortening time is not necessary under Rule 1660, the notice of motion and supporting papers shall be personally served and filed at least fifteen (15) calendar days before the time appointed for the hearing.
Page 72 | Rule 1650.1 Notice
Papers opposing a noticed motion must be filed and personally served on every party at least five court days before the hearing, subject to the Rule 1650.1 extensions when personal service is not used.
All papers opposing a noticed motion shall be filed with the Court and personally served on each party at least five Court days prior to the hearing, with the period for notice increased, as described in Rule 1650.1, supra, if personal service is not employed.
Page 72 | Rule 1650.2 Response
The notice of motion and all supporting papers must be served on every party using a method that provides sufficient response time.
The notice of motion and all supporting papers shall be served upon each party in the manner best calculated to provide sufficient time for each party to respond.
Page 72 | Rule 1650 Motions
An objection to a request for juvenile information must be filed with the court and served on the petitioning party and all persons specified by California Rules of Court 5.552 and 5.553.
Any objection to a request for release of information shall be filed with the Court and served on both the petitioning party and all persons specified in California Rules of Court, rules 5.552 and 5.553.
Page 73 | Rule 1690.1 Objection to request for release of information
A party seeking an ex parte order shortening time must give each party at least four hours' notice of the application and proposed hearing time and place, and may provide that notice by telephone.
A party filing an Application for Ex Parte Order Shortening Time must give at least four (4) hours’ notice of the nature of the application to each party, together with the proposed time and place of the hearing. Notice may be given by telephone.
Page 73 | RULE 1660 ORDER SHORTENING TIME
Within 15 court days after receiving the order, the superior court clerk must mail an endorsed filed copy to listed persons and the originating juvenile court with a completed certificate of mailing.
Within 15 court days after receiving the order, the clerk of the superior court shall send by first-class mail an endorsed filed copy of the restitution order showing the new case number to (i) the persons whose names and addresses are listed on the order, and (ii) the originating juvenile court, with a completed clerk's certificate of mailing, for inclusion in the child's file.
Page 78 | Rule 1694(c) Juvenile Restitution Orders
CASA must distribute each report to persons or entities entitled to receive it at least two court days before the hearing.
CASA shall distribute a copy of the report to each person and/or entity entitled to receive the report, at least, two (2) court days before the hearing for which the report was prepared.
Page 78 | Rule 1693.6 Submission of CASA Reports to the Court
The petitioner must serve the rejected will or codicil on all heirs and potential beneficiaries at least 15 days before the petition hearing.
(b) The petitioner shall serve a copy of the rejected will and/or codicil on all heirs of the decedent or potential beneficiaries under the document at least 15 days prior to the hearing on the petition.
Page 89 | RULE 20-205 NOTICE OF REFUSAL TO PROBATE REJECTED WILL OR CODICAL
A filed conservatorship Inventory and Appraisal must include proof of service demonstrating compliance with Probate Code section 2610(a).
A proof of service indicating compliance with the service requirements of Probate Code section 2610(a) must be attached to a filed Inventory and Appraisal.
Page 104 | RULE 20-1404 INVENTORY AND APPRAISAL
Notices of a conservatee's change of residence must be served on the court investigator, filed with the Probate Clerk's Office, and include the new telephone number.
All notices of change of residence pursuant to Probate Code section 2352(e)(1) and 2352(e)(3) must be served upon the court investigator and filed with the Probate Clerk’s Office. Such notices must include the new telephone number for the conservatee.
Page 106 | RULE 20-1408 CHANGE OF RESIDENCE OF THE CONSERVATEE
A party receiving an authenticity demand must provide proof of authenticity to the requesting party within five days after service of the demand.
If a demand for production of authenticity of an electronically signed document is made, within five days of service of the demand the party on whom the demand is made must provide proof of authenticity to the requesting party.
The plaintiff must file proof of service for the summons and complaint and for the Initial Case Management Conference Order.
A plaintiff designating the case as complex or provisionally complex must serve the Initial Case Management Conference Order and a copy of these guidelines on all parties at the earliest opportunity before the conference, and must file proof of service of the summons and complaint and proof of service of the Initial Case Management Conference Order with the court.
Page 2 | Cases Deemed Complex Litigation — Cases Designated by a Plaintiff as Complex or Provisionally Complex
A plaintiff designating the case as complex or provisionally complex must serve the Initial Case Management Conference Order and the guidelines on all parties as early as possible before the conference.
A plaintiff designating the case as complex or provisionally complex must serve the Initial Case Management Conference Order and a copy of these guidelines on all parties at the earliest opportunity before the conference,
Page 2 | Cases Deemed Complex Litigation — Cases Designated by a Plaintiff as Complex or Provisionally Complex
A defendant or cross-defendant counter-designating the case as complex or provisionally complex must serve the guidelines on all parties as early as possible.
A defendant (or cross-defendant) counter-designating the case as complex or provisionally complex must serve a copy of these guidelines on all parties at the earliest opportunity.
Page 2 | Cases Deemed Complex Litigation — Cases Counter-Designated By a Defendant as Complex or Provisionally Complex
An elected mediation brief must be emailed to the two identified IFHMB addresses at least five days before mediation.
Mediation briefs are not required. If you choose to submit a mediation brief, the limit is 10 pages, including all photos and exhibits, and must be sent to mhill@ifhmb.com and amartin@ifhmb.com at least 5 days before the mediation.
Page 1 | MEDIATION BRIEFS
A reply to an opposition must be served and filed in the manner allowed by the Code.
Any reply to any opposition shall be served and filed in the manner allowed by the Code.
Page 29 | RULE 1320
The prevailing party must serve every party with written notice of the court’s ruling.
The party prevailing on the motion shall serve all parties with written notice of the court’s ruling.
Page 41 | RULE 561 TENTATIVE RULINGS
When notice is served by mail, the required notice period is extended by five calendar days.
If service is affected by mail, the period for notice shall be increased by five (5) calendar days.
Page 72 | Rule 1650.1 Notice
When notice is served by facsimile, express mail, or another overnight-delivery method, the required 15-day notice period is extended by two court days.
However, if service is affected by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required fifteen (15) day period for notice shall be increased by two (2) Court days.
Page 72 | Rule 1650.1 Notice
For an incarcerated guardianship-notice recipient, the court may permit certified-mail service if the request includes a declaration explaining hardship from personal service.
when a person who is to receive personal notice of a guardianship proceeding is incarcerated in a jail or prison at the time of the filing ofthe Petition for Guardianship, the court may find that service upon the incarcerated person by certified mail is legally sufficient. Such a request for alternative service shall be accompanied by a declaration explaining why it would be a hardship for the petitioner to personally serve theincarcerated person.
Page 103 | RULE 20-1317 NOTICE TO INCARCERATED PERSONS
The authenticity demand must be served on all other parties and must not be filed with the court.
The demand must be served on all other parties but not filed with the court.
After filing or service of a document bearing a photocopied signature, any other party may demand the original signed document; the demand must be served on all other parties and not filed with the court.
At any time after filing or service of a document containing a photocopied signature, any other party may serve a demand for production of the original physically signed document. The demand must be served on all other parties but not filed with the court.
After filing or service of a document bearing an electronic signature, any other party may demand authenticity of the electronically signed document.
At any time after filing or service of a document containing an electronic signature, any other party may serve a demand for production of authenticity of an electronically signed document.
Filing Fees and Waivers
Except for specified motions, filing fees must be paid within five days after reserving a hearing date, and each motion in a combined filing requires a separate fee.
Except for motions pursuant to California Code of Civil Procedure Section 128.7 and Motions for Summary Judgment, all filing fees shall be paid within five days of reserving a date for hearing on the motion. If more than one motion is combined with another, a separate filing fee shall apply to each motion.
Page 40 | RULE 521 MOTION FILING FEES
Required fees must be paid before filing an ex parte order application, except for guardian-ad-litem appointments and approvals of undertakings or attachments.
No application for an ex parte order, except for the appointment of a guardian ad litem or the approval of an undertaking or an attachment, shall be made until any required filing or other fee has been paid.
Page 45 | Rule 731 Civil Ex Parte Applications
The superior court clerk must immediately file a received juvenile restitution order without charge, assign a new case number, and seal the new file.
Upon receipt of the juvenile restitution order, the superior court clerk shall, immediately and without charge, file the juvenile court restitution order in a new superior court file, assign a new case number, and seal the file.
Page 78 | Rule 1694(a)-(b) Juvenile Restitution Orders
Electronic filing fees are capped at $25,000, and any excess is identified in a Notice of Filing Fees Due after acceptance.
Due to system limitations, the maximum eFile fees that can be processed through our eFiling system are capped at $25,000. Even if fees of more than $25,000 are submitted with the eFiled document, only $25,000 can be processed. Once the filing is accepted, you will receive a Notice of Filing Fees Due, outlining any fees exceeding $25,000 that remain outstanding.
Page 1 | Payment of Filing Fees for Electronically Filed Documents
Fees exceeding $25,000 must be paid after receipt of the conformed copy by calling the call center, mailing a check, or paying in person at the Civil Clerk’s office.
Any additional fees exceeding this amount must be settled through the following alternative payment options after you receive the conformed copy of your document. Call Center Payment: You may make your payment by contacting our call center at (909) 387-1470. Check Payment: A check may be mailed to the Civil Clerk’s office location of your filing. In-Person Payment: Payments may also be made directly at the Civil Clerk’s office location of your filing.
Page 1 | Payment of Filing Fees for Electronically Filed Documents
Courtesy Copy Requirements
One extra copy must be submitted with each original civil unlimited complaint.
One extra copy shall be submitted with each original civil unlimited complaint presented.
Page 39 | RULE 421 CIVIL UNLIMITED COMPLAINTS
Sealing & Redaction Procedures
The court may direct the clerk to seal sexually explicit material pending a further court order unsealing it.
The Court may direct the Clerk of the Superior Court to place under seal any sexually explicit material filed with the Court pending a further order of the Court to unseal the material.
Page 41 | RULE 570 RECORDS UNDER SEAL
Filing Bundling Requirements
The parties should jointly submit trial-readiness documents, but may submit individual documents if they cannot agree.
Documents should be jointly submitted. If the parties cannot agree to jointly submitted proposed documents, each party can submit individual documents.
Page 36 | Rule 411.2 Trial Readiness Conference
Pre-Motion Conference Requirements
A hearing date must first be reserved with the clerk before a motion can be noticed for hearing.
No motion shall be noticed for hearing without first reserving a hearing date with the clerk of the court.
Page 40 | RULE 520 MOTION DATE
For pending motions, all counsel and unrepresented parties must make a good-faith meet-and-confer effort, and the moving party must arrange the conference no later than four calendar days before the hearing.
In addition to any other requirement to “meet and confer” imposed by statute or Rule of Court in connection with motions, all counsel and unrepresented parties are required to “meet and confer” in a good faith attempt to eliminate the necessity for a hearing on a pending motion, or to resolve or narrow some of the issues. The moving party must arrange for the conference, which can be conducted in person or by telephone or video conference, to be held no later than four calendar days before the hearing.
Page 5 | Obligation to Meet and Confer Regarding Motions
Before filing a discovery motion, the moving party must meet and confer and, if unresolved issues remain, request an informal court conference; the request stays the filing deadline, the conference is remote, and briefing is not required.
Before filing any discovery motion, the moving party is required to “meet and confer” with counsel as required by statute. If the “meet and confer” exchange fails to resolve all issues, the moving party is required to request an informal conference with the court before filing any discovery motion. Making a request for an informal discovery conference automatically stays the deadline for filing a motion. Informal Discovery Conferences are conducted remotely. Briefing is not required.
Page 5 | Informal Discovery Conferences
Adjournment & Extension Requirements
The hearing date for a proposed Criminal Protective Order modification may not be continued absent a showing of good cause.
The hearing date on the proposed modification shall not be continued except on a showing of good cause.
Page 29 | RULE 1320
A continuance of the first-set trial date must be requested by a written stipulation of all parties, without an ex parte application, filed at least 15 days before the trial date.
The court will entertain, by written stipulation and without ex parte application, a written stipulation by all parties to continue the first set trial date if filed at least 15 days prior to the trial date.
Page 38 | Rule 416 Duty of Counsel as to Trial Date Assigned
A party seeking a continuance or not intending to proceed must notify the Judicial Assistant and opposing counsel as soon as possible and no later than 4:30 p.m. on the second court day before the hearing.
In case any party intends to ask for a continuance or does not intend to proceed in any matter on the date set, that party shall so inform the Judicial Assistant and opposing counsel as soon as possible, and, in any event, no later than 4:30 p.m. of the second court day preceding hearing.
Page 40 | RULE 550 CONTINUANCES
An application to shorten or extend time for service of notice must state any previous extension, the expiration date, and facts showing good cause.
An application for an order shortening or extending time for the service of a notice shall state any previous extension, any expiration date and the facts showing good cause for granting the application.
Page 46 | Rule 741 Shortening or Extending Time
A written continuance motion must include a supporting affidavit or declaration with specific good-cause facts and must be filed and served on every party at least two court days before the hearing.
A motion for continuance shall be in writing and shall be accompanied by a supporting affidavit or declaration. The moving party shall file and serve notice of the motion and all supporting documents upon each party at least 2 Court days prior to the hearing date. The supporting affidavit or declaration shall detail specific facts showing that good cause exists to grant a continuance.
Page 71 | Rule 1640.1 Written Motion for Continuance
The court will not consider a continuance request unless all parties stipulate to it, and no additional papers may be filed after a tentative ruling posts.
The Court will not entertain a request for continuance unless stipulated by all parties, and no further papers may be filed once the tentative ruling has posted.
Page 91 | Tentative ruling rule, paragraph (d)
Joint stipulations are not accepted for trial continuances; all trial continuance requests must be made by ex parte application, with reservations requested from Department S35.
Joint stipulations to continue Trial are not accepted. ExParte Applications are required for ALL Trial continuances. Contact Dept. S35 for ExParte reservations.
Page 1 | S35
Failure by the moving party to comply with the continuance-notice rule may result in removal from the calendar or submission of the matter for ruling.
Failure of the moving party to comply with this Rule may result in the matter being taken off calendar or deemed to have been submitted for the Court’s ruling.
Page 40 | RULE 550 CONTINUANCES
The court will not entertain a continuance request unless all parties stipulate to it, and no further papers may be filed after the tentative ruling is posted.
The Court will not entertain a request for continuance unless stipulated to by all parties and no further papers may be filed once the tentative ruling has been posted.
Page 41 | RULE 561 TENTATIVE RULINGS
Without good cause for an oral continuance request, the court may grant it only if it furthers the minor’s best interests and may charge the requesting attorney for other parties’ costs and fees.
If good cause for failing to file a properly noticed written motion is not found, a continuance shall only be granted if the best interests of the minor would be furthered by the continuance. Upon granting the continuance, the Court may order the attorney requesting the continuance to pay the costs of the other parties, including attorney’s fees, witness fees, and costs.
Page 71 | Rule 1640.2 Oral Motion for Continuance
The court may entertain an oral continuance motion when the moving party shows good cause for not filing a properly noticed written motion.
An oral motion for a continuance shall be entertained where the moving party shows good cause for failing to file a properly noticed written motion.
Page 71 | Rule 1640.2 Oral Motion for Continuance
Requests for continuances are governed by California Rule of Court, Rule 3.1332.
The Court adopts California Rule of Court, Rule 3.1332, with respect to requests for continuances.
Page 38 | Rule 418 Continuances
A continuance or request for a further settlement conference may be granted or denied at the Settlement Conference Judge’s discretion.
Continuances or a request for a further conference on a continued date may be granted or denied within the discretion of the particular Settlement Conference Judge
Page 43 | RULE 616 CONTINUANCES
Chambers Communication Rules
The civil clerk’s office must be contacted at the listed number for information about reserving all motions before filing.
**Rancho District requires all motions to be reserved prior to filing. Please contact the civil clerk’s office at (909) 708-8678 for further information.
Page 1 | Calendaring Guidelines for Civil Cases
All civil motions must be reserved before filing, and the civil clerk’s office may be contacted at (909) 708-8678 for information.
**Victorville District requires all motions to be reserved prior to filing. Please contact the civil clerk’s office at (909) 708-8678 for further information. All civil matters are heard in department V11.
Page 1 | Calendaring Guidelines for Civil Cases
The phone number for Administrative Assistants serving courtrooms R12, R14, and R17 is (909) 285-3753.
For departments R12, R14, R17: (909) 285-3753
Page 41 | RULE 561 TENTATIVE RULINGS
A party may obtain a tentative ruling by accessing the court website after 3:00 p.m. on the court day before the hearing or by telephoning the court’s Administrative Assistants.
A tentative ruling on a law and motion matter may be obtained by accessing the court’s website at https://sanbernardino.courts.ca.gov after 3:00 p.m. on the court day before the hearing, or by telephoning the court’s Administrative Assistants at the numbers below department as directed on the Tentative Rulings page on the court’s website at https://sanbernardino.courts.ca.gov.
Page 41 | RULE 561 TENTATIVE RULINGS
The phone number for Administrative Assistants serving civil courtrooms S24, S25, S26, and S36 is (909) 708-8853.
For departments S24, S25, S26, S36: (909) 708-8853
Page 41 | RULE 561 TENTATIVE RULINGS
The phone number for Administrative Assistants serving civil courtrooms S14, S28, S32, and S37 is (909) 521-3085.
For departments S14, S28, S32, S37: (909) 521-3085
Page 41 | RULE 561 TENTATIVE RULINGS
The phone number for Administrative Assistants serving civil courtrooms S16, S23, S27, S29, and S35 is (909) 521-3447.
For departments S16, S23, S27, S29, S35: (909) 521-3447
Page 41 | RULE 561 TENTATIVE RULINGS
The phone number for Administrative Assistants serving courtroom V11 is (760) 269-4869.
For department V11: (760) 269-4869
Page 41 | RULE 561 TENTATIVE RULINGS
The phone number for Administrative Assistants serving civil courtrooms S17, S22, S30, S31, and S33 is (909) 708-8756.
For departments S17, S22, S30, S31, S33: (909) 708-8756
Page 41 | RULE 561 TENTATIVE RULINGS
Inquiries, disputes, or complaints about the Electronic Filing System may be directed to the Court Executive Office at the stated address.
Inquiries, disputes, or complaints regarding any aspect of the Electronic Filing System may be directed to: Court Executive Office, 247 West Third Street, Eleventh Floor, San Bernardino, CA 92415. (Eff. January 1, 2000. Amended, January 1, 2008, and July 1, 2014.)
Page 83 | RULE 1860 ELECTRONIC FILING SYSTEM INQUIRIES
Email Probate Examiners at ProbateNotes@sb-court.org to clarify a question concerning a particular probate note.
(b) When a question arises concerning a particular note, the Probate Examiners may be contacted for clarification of the note by sending an email to ProbateNotes@sb-court.org.
Page 85 | RULE 20-102 PROBATE NOTES
Settlement conference requests may be made at a case management conference, at a hearing, or by telephone to the Department.
Requests for settlement conferences may be made at any Case Management Conference or hearing, or by telephoning the Department.
Page 4 | VOLUNTARY SETTLEMENT CONFERENCES