Limits & Logistics
Document Limits
Courtesy Copies
EEC Request
Court-wide- 1 copy
ENE Request, Proposed Order
Court-wide- 1 copy
Ex Parte Application, Supporting Document
Court-wide- By Noon the Court Day Before the Ex Parte Appearance
- No Later Than Noon the Court Day Before the Ex Parte Appearance
Ex Parte Application, Supporting Documents
Court-wide- No Later Than Noon the Court Day Prior to the Ex Parte Appearance
Adjournments
Court-wideRequest must include
Communication
Phone
Court-widePhone
Court-wideClerk
Phone
Court-wideDuty Judge
Document Filing Requirements8 rules
The Court will not consider a request to waive notice when the recipient or the recipient's address is unknown unless the declaration required by California Rule of Court 7.52 is submitted.
Ex parte applicants must comply with SDSC Rules 4.7.5 and 4.7.6, including submitting a separately prepared proposed order.
- Document
- Ex parte application
Must include
- •Proposed order
Court's wording
In addition to compliance with California Rules of Court 3.1200 et seq., all applicants for ex parte relief must comply with San Diego Superior Court Rules 4.7.5 and 4.7.6, including submission of a separately prepared proposed order.
Counsel are reminded that, per California Rule of Court 3.1202(c), an Ex Parte Application requires an affirmative factual showing by declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger or some other statutory basis for ex parte relief.
A separate Declaration of Notice that complies with California Rule of Court 3.1204 must accompany every request for an Ex Parte order.
Any overbidding party must present proof of an appropriate deposit when submitting the SDSC PR-65 form at the hearing.
A reservation may be obtained by submitting to the Business Office the Probate Ex Parte Coversheet (PR-136) with an Ex Parte Application and order. There is a limit on the number of reservations.
To satisfy the 'responsible person' requirement, the overbidding party is expected to have certified funds or cashier's checks equal to at least 10% of the bid plus a loan qualification letter or bank statements at the confirmation hearing.
Court's wording
In making the determination whether the “responsible person” requirement has been met, the court will consider whether the overbidding party has in his or her possession at the confirmation hearing sufficient certified funds or cashier’s checks as a deposit in an amount equal to at least 10% of the amount he or she will bid, and a loan qualification letter or bank statements verifying the buyer’s ability to complete the sale.
Trial briefs must include enumeration of issues and party positions with relief sought, statements of applicable facts and law including standards and burdens of proof, unusual evidentiary or legal issues, and all stipulated facts.
- Document
- Trial brief
Should include
- •Statement of facts
Court's wording
Trial briefs should include: (a) enumeration of the issues to be tried and the parties’ positions thereon, including the relief sought (and any specific dollar amounts sought) on the enumerated issues; (b) statements of the applicable facts and law, including the applicable standard(s) of proof, the party bearing the burden of proof and any burden shifting; (c) any unusual evidentiary or legal issues anticipated at trial; and (d) all matters of fact to which the parties stipulate.
Filing & Service rules
Filing Timing and Cure Windows
Moving papers, and declarations, should be filed by 10:00 a.m. on the court day preceding the hearing.
Moving papers, and declarations, should be filed by 10:00 a.m. on the court day preceding the hearing.
Civil cases
Page 1 | Contested and/or Personal Appearance Ex Parte Applications
The SDSC PR-65 Increased Bid in Open Court form must be completed, signed, and filed before the conclusion of the hearing, or confirmation is not effective.
When there is a successful overbid in open court on a sale of real property, an “Increased Bid in Open Court” (SDSC PR065) must be completed, signed, and filed with the court before the conclusion of the hearing; otherwise, confirmation is not effective.
Civil cases
Page 2 | Hearings on Sales of Real Property
Service and Proof of Service Rules
Ex parte applications and written oppositions must be served on all other appearing parties at the first reasonable opportunity; absent exceptional circumstances, no hearing occurs without such service.
Parties appearing ex parte must serve the application, or any written opposition, on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing shall be conducted unless such service has been made.
Civil cases
Page 1 | Contested and/or Personal Appearance Ex Parte Applications
Chambers Communication Rules
Counsel must confirm with the Clerk that exhibits are properly marked before the commencement of trial.
Please confirm with the Clerk that exhibits have been properly marked prior to the commencement of trial.
Civil cases
Page 2 | Trials and Evidentiary Hearings
Counsel should notify the Clerk at the earliest opportunity when a matter settles or a hearing becomes unnecessary.
If a matter settles, or a hearing otherwise becomes unnecessary, counsel should notify the Clerk at the earliest opportunity so that limited Court resources will not be expended reviewing the matter.
Civil cases
Page 1 | Law and Motion
If all counsel wish to submit on the tentative ruling rather than appear for argument, counsel should contact the department clerk to advise the Court.
If all counsel wish to submit on the Tentative Ruling rather than appear for argument, please contact the department clerk to advise the Court.
Civil cases
Page 1 | Law and Motion