San Diego Superior Court Document Filing Requirements

CRITICAL

Applies to

Notice of lodgment

When documents are lodged with a notice of lodgment, separately file the notice without the lodged documents.

If the documents are lodged with a notice of lodgment, the notice of lodgment (without the lodged documents) must be separately filed.

CRITICAL

Applies to

Petition to modify domestic violence protective order

A request to modify a criminal protective order must be filed using the Petition to Modify a Domestic Violence Protective Order (SDSC Form #CRM-248), after which it will be calendared in a department that hears such matters.

To request a modification of a criminal protective order, counsel or a litigant must file a Petition to Modify a Domestic Violence Protective Order (SDSC Form #CRM-248), which will then be calendared in a department that hears such matters.

CRITICAL

Applies to

Filing

Each filing must identify immediately below the case number on its first page that it is filed under PAGA.

The first page of each filing shall specify immediately below the case number that the case is filed under the Private Attorneys General Act of 2004 (PAGA).

CRITICAL

Applies to

Unlawful detainer filing

For an unlawful detainer filing seeking a disposition and requesting an extension of masking, the first page must state “extension of masking requested” in the upper right above the caption without obstructing the clerk’s file stamp.

If an extension of masking is being requested in connection with a filing in an unlawful detainer case wherein a disposition is being sought (including but not limited to stipulated judgments), the submitting party must so indicate on the face of the pleadings. The document's first page submitted for filing must clearly indicate “extension of masking requested.” This information must appear in the upper right-hand corner of the document, above the case caption, in an area that will not interfere with the clerk affixing a file stamp.

CRITICAL

Applies to

Petition to establish guardianship conservatorship or trust

When the specified compromise petition proposes administration of settlement funds through a guardianship, conservatorship, discretionary trust, or special needs trust, the petition to establish that arrangement must be filed for approval in the Probate Department.

In all cases where a petition to approve the compromise of a claim of a minor or person with disability filed under Probate Code section 3600 et seq. proposes to have the settlement funds distributable to the minor or person with disability administered under a guardianship, conservatorship, discretionary trust or special needs trust, as provided in Probate Code section 3602, 3604 or 3611, the petition to establish the guardianship, conservatorship, discretionary trust or special needs trust must be filed for approval in the Probate Department of the court.

CRITICAL

Applies to

Receiver appointment order

The proposed receiver-appointment order must specify the receiver’s rate of compensation.

The proposed order will also specify the rate of compensation of the receiver.

CRITICAL

Applies to

Supporting declaration

The declaration supporting an elisor application must state specific facts establishing why the appointment is necessary.

The declaration supporting the application must include specific facts establishing the necessity for the appointment of the elisor.

CRITICAL

Applies to

Motion or pleading

A party seeking pre-hearing review of a recording must lodge it and file an exhibit transcript of the relevant portions sought for consideration.

A party who would like the court to review an electronic sound, video, or sound-and-video recording prior to any hearing on the motion or other pleading to which it pertains must: 1. Lodge the recording and file a transcript of the relevant portions sought to be considered by the court as an exhibit.

CRITICAL

Applies to

Guardian ad litem application

If a custody order is in effect, the most recent order must be attached to the guardian ad litem application.

If a custody order is in effect, the most recent order must be attached.

CRITICAL

Applies to

Joint trial readiness conference report

If the case is not fully settled, the parties must prepare and sign one joint trial readiness conference report; separate reports will not be accepted.

If the case is not settled in its entirety, all parties must prepare and sign a joint trial readiness conference report in the format set forth in the joint trial readiness conference report available on the Civil Forms area of the court’s website at http://www.sdcourt.ca.gov. Separate reports will not be accepted.

CRITICAL

Applies to

Proposed order

If service requiring leave of court cannot be completed within 60 days after filing the complaint, the proposed order’s last paragraph must leave space for the court to set the proof-of-service filing date.

If service by publication or some other method of service requiring leave of court cannot be completed within 60 days of the filing of the complaint, the last paragraph of the proposed order permitting such service must contain a blank space for the court to specify the date by which a proof of service must be filed.

CRITICAL

Applies to

Settlement conference statement

If a temporary judge will hear the settlement conference, settlement statements must be submitted to the assigned independent calendar department.

If the settlement conference is to be heard by a temporary judge, settlement conference statements must be submitted to the independent calendar department to which the case is assigned.

CRITICAL

Applies to

Settlement conference statement

Unless the court instructs otherwise, settlement conference statements must concisely support liability and damages and include a settlement demand and offer, itemized special and general damages, and the last offer.

Unless otherwise instructed by the court, settlement conference statements must not exceed five pages and must include the necessary information to concisely support issues of liability and damages, including a settlement demand and offer, as well as an itemization of special and general damages, and the last offer.

CRITICAL

Applies to

JC Form ADR-100

If the mediator does not file the form, the plaintiff must file a completed JC Form #ADR-100 within 15 days after mediation concludes.

If the mediator fails to do so, plaintiff shall, within 15 days after the mediation is concluded, file a completed JC Form #ADR-100 with the court and serve a copy thereof on all parties.

CRITICAL

Applies to

Petition to withdraw funds from blocked account

A petition to withdraw funds from a blocked account submitted after the minor reaches majority must include a birth record and photo identification.

Petitions submitted after the minor reaches the age of majority must include a birth record and photo identification.

CRITICAL

Applies to

Expert designation

Within 15 days of the date of any method of service of a trial de novo request, pursuant to Code of Civil Procedure sections 2034.260 and 2034.270 each party must personally serve on all other parties a designation of expert witnesses who will be relied upon at the trial de novo, along with all discoverable reports and writings, if any, of those experts.

Within 15 days of the date of any method of service of a trial de novo request, pursuant to Code of Civil Procedure sections 2034.260 and 2034.270 each party must personally serve on all other parties a designation of expert witnesses who will be relied upon at the trial de novo, along with all discoverable reports and writings, if any, of those experts.

CRITICAL

Applies to

Temporary release order

Must include

case number

An order for temporary exhibit release must state the case number, parties’ names, recipient’s name and telephone number, exhibit description, and return date.

The order must include the case number, names of the parties, name and telephone number of the person to whom the exhibits are to be released, a description of the exhibits, and the date the exhibits are to be returned.

CRITICAL

Applies to

Exhibit record

When an exhibit is ordered returned, the submitting party must provide the court with a complete photographic or electronic record of it.

If any exhibit is ordered returned to the submitting party, the submitting party shall provide the court with a full and complete photographic or electronic record of the exhibit.

CRITICAL

Applies to

Case management statement

In an eminent domain proceeding, parties must comply with the referenced case management rule, including filing a Case Management Statement.

Parties must comply with that rule, including as to the filing of a Case Management Statement.

CRITICAL

Applies to

Elisor application

An elisor application must not identify a specific court employee.

The application must not set forth a specific court employee.

CRITICAL

Applies to

Notice of consent to receive electronic service

A self-represented litigant consenting to electronic service must file the specified notice and serve a copy on all parties who have appeared.

A self-represented litigant who wishes to consent to electronic service must file a Notice of Consent to Receive Electronic Service (SDSC Form # ADM-431) with the court and serve a copy on all parties who have appeared in the action.

CRITICAL

Applies to

Noticed motion

A party claiming exemption from the stay who wishes to further prosecute the action must object by noticed motion in the stayed action.

Any party who claims to be exempt from the stay and who desires to further prosecute the action must object by noticed motion in the stayed action.

CRITICAL

Applies to

Judgment debtor examination setting submission

To obtain a judgment debtor examination date, submit the appropriate fees, an original and two copies of the order, and either a stamped self-addressed envelope or a messenger service return slip to the appropriate civil business office.

Judgment debtor examination dates are obtained by submitting the appropriate fees, an original and two copies of the order for appearance of judgment debtor, and a stamped, self-addressed envelope or messenger service return slip to the appropriate civil business office.

CRITICAL

Applies to

Original documents for hearing or trial

Lodge original documents needed for a motion hearing or trial before the hearing, as provided by California Rules of Court, rule 3.1302(b).

Any original documents necessary for a motion hearing or trial shall be lodged in advance of the hearing pursuant to California Rules of Court, rule 3.1302(b).

CRITICAL

Applies to

Original document

Mark an original document that the court must retain by placing “EXEMPT FROM DESTRUCTION” in all caps immediately under the title of the attached pleading.

Parties submitting original documents the court is statutorily required to maintain shall place the words “EXEMPT FROM DESTRUCTION” in all caps immediately under the title of the pleading to which the original document is attached.

CRITICAL

Applies to

Exhibit exception application

Applications for specified exhibit exceptions must be made in writing to the Criminal Supervising Judge or designee, with notice to the exhibits custodian and all parties.

Applications for exceptions to this rule regarding large or irregularly shaped objects, firearms, firearms ammunition, drugs, or money shall be made in writing to the Criminal Supervising Judge or their designee, with notice to the branch court’s exhibits custodian and all parties.

CRITICAL

Applies to

EEC request

A submitter requesting an EEC must file the appropriate Judicial Council form from the DAL series.

To request an EEC, the submitter must file the appropriate Judicial Council form (DAL series)

CRITICAL

Applies to

Request to be excused

When a temporary judge will hear the settlement conference, a request to be excused from personal attendance must be submitted to the assigned independent calendar department.

If the settlement conference is to be heard by a temporary judge, such requests must be submitted to the independent calendar department to which the case is assigned.

CRITICAL

Applies to

Temporary release of exhibits

Temporary release of exhibits requires a stipulation and court order, except that a stipulation is not required in civil cases.

A stipulation and court order is required in all instances, except a stipulation is not required in civil cases.

CRITICAL

Applies to

Lodged recording

A lodged recording must be returned to this court or a reviewing court when required by law, requested, or ordered for reconsideration, appeal, or other court review.

Return the lodged recording to this court or a reviewing court if required by law, requested, or ordered for purposes of reconsideration, appeal, or other review by the court.

CRITICAL

Applies to

Joint trial readiness conference statement

Before the trial readiness conference, the plaintiff and parties presenting valuation testimony must meet and complete, sign, and file the court’s joint statement form.

The plaintiff and other parties presenting valuation testimony at the trial must meet prior to the scheduled conference and complete, sign, and file a joint trial readiness conference statement in the form provided by the court and pursuant to Rule 2.1.15.

CRITICAL

Applies to

Ex parte receiver appointment

An ex parte receiver appointment requires both an applicant’s bond and a receiver’s bond.

Ex parte appointment of a receiver is a drastic remedy used only with extreme caution in cases of great emergency when it is shown that the party seeking appointment of a receiver will suffer irreparable harm before a noticed hearing can be held and that no less drastic remedy, such as a temporary restraining order, will prevent the threatened harm. Appointment of a receiver ex parte is contingent upon the filing of an applicant's bond (Code Civ. Proc., § 566) and a receiver's bond (Code Civ. Proc., § 567).

CRITICAL

Applies to

Proposed order

If a receiver intends to employ a property management company, the proposed order must state its compensation rate.

If the receiver intends to employ a property management company, the proposed order must specify its rate of compensation.

CRITICAL

Applies to

Request to view photograph or copy exhibits

Interested persons other than attorneys of record and court employees must obtain a court order using SDSC Form #ADM-386 before viewing exhibits.

Only attorneys of record and court employees may view the exhibits without a court order. All other interested persons must first obtain an order of the court by completing the Request to View, Photograph, or Copy Exhibits (SDSC Form #ADM-386), available on the Forms area of the court’s website, www.sdcourt.ca.gov.

CRITICAL

Applies to

Receiver appointment order

A proposed receiver-appointment order must state the receiver’s powers and precisely designate the real and personal property subject to the receivership.

The proposed order appointing a receiver must set forth the powers of the receiver and must designate as precisely as possible what real and personal property will be subject to the receivership estate.

CRITICAL

Applies to

Temporary release of exhibits

Exhibits from a criminal matter may be temporarily released for a crime victim’s civil action if the requesting party obtains an order using SDSC Form #ADM-386 and presents a certified copy to the exhibit custodian.

Exhibits in a criminal matter may be temporarily released for use in a civil action brought by the victim of the crime. The party seeking the release must first obtain an order of the court by completing the Request to View, Photograph, or Copy Exhibits (SDSC Form #ADM-386), available on the Forms area of the court’s website, www.sdcourt.ca.gov. The party seeking the release must present a certified copy of the signed order to the exhibit custodian.

CRITICAL

Applies to

Filing by fee exempt party

A party exempt from filing fees under Government Code section 6103 must identify the exemption and exempt parties in the upper-right corner of the first page, above the caption and clear of the file-stamp area.

Any party who is exempt from filing fees pursuant to Gov. Code § 6103 must so indicate on the first page of the document submitted for filing and must specifically indicate which parties are exempt. This information must appear in the upper right-hand corner of the document, above the case caption, in an area that will not interfere with the clerk affixing a file stamp.

CRITICAL

Applies to

Declaration

If the complaint includes an uninsured or underinsured motorist claim, the plaintiff must file a declaration identifying the case type, insurance carrier, and coverage amount.

If a complaint includes an uninsured/underinsured motorist claim as defined under section 68609.5 of the Government Code and section 11580.2 of the Insurance Code, plaintiff must file a declaration stating the case is an uninsured/underinsured motorist case, the name of insurance carrier, and amount of coverage.

CRITICAL

Applies to

Ex parte application

A guardian ad litem who becomes aware of a potential or actual conflict must promptly disclose it to the court through an appropriate ex parte application.

Further, if a guardian ad litem becomes aware that a potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose this to the court by an appropriate ex parte application.

CRITICAL

Applies to

Order

The order must identify the document or documents to be signed by the elisor.

The order must expressly identify the document(s) being signed and a copy of the document must be attached to the proposed order.

CRITICAL

Applies to

Written stipulation

A trial de novo request may be withdrawn by a written stipulation signed by counsel for all appearing parties stating that the award may be ordered as a judgment.

If a party has requested trial de novo, the request may be withdrawn by a written stipulation, signed by counsel for all parties appearing in the case, that the award may be ordered as a judgment.

CRITICAL

Applies to

Proposed jury instructions

On the trial date, submit the full text of proposed jury instructions; instruction numbers may be included, but a list of numbers alone is unacceptable.

On the scheduled trial date, the parties must submit to the court the full text of proposed jury instructions, double spaced on plain paper. They may include instruction numbers but the mere submission of a list of instruction numbers is not acceptable.

CRITICAL

Applies to

Filing

Each filing must identify immediately below the case number on its first page that it is filed under CEQA.

The first page of each filing shall specify immediately below the case number that the case is filed under the California Environmental Quality Act (CEQA).

CRITICAL

Applies to

Subsequent filing

The first page of each subsequent filing in a False Claims Act/Qui Tam Action must state immediately below the case number that the filing is related to such an action.

The first page of each subsequent filing shall specify immediately below the case number that the filing is related to a False Claims Act/Qui Tam Action.

CRITICAL

Applies to

Trial de novo request

A request for trial de novo must be filed in the civil business office.

A request for trial de novo must be filed in the civil business office pursuant to Code of Civil Procedure section 1141.20 and the case will be set for trial.

CRITICAL

Applies to

Lodged recording

After a lodgment is returned, it must be stored and maintained for the period required by Government Code section 68152 for the case type, unless the recording is identified and marked for the record at trial or another hearing.

Upon return of the lodgment, store and maintain it for the time required for the case type in which it was lodged as set forth in Government Code section 68152, unless the recording is identified and marked for the record at the time of trial or other hearing.

CRITICAL

Applies to

Petition to compromise minor claim

Except when the case is assigned to a judge or independent calendar department, the petition must be filed and set for hearing in the department designated by the presiding or supervising department; if assigned, it must be filed and heard in that department.

In all other circumstances, the petition must be filed and set for hearing in the department designated by the presiding or supervising department unless the case has been assigned to a judge or independent calendar department, in which case the petition must be filed and heard in that department.

CRITICAL

Applies to

Complaint

The first page of a construction-related accessibility claim complaint must include the specified supplemental-fee notice.

The first page of the complaint shall specify “Action subject to the supplemental fee in Government Code section 70616.5.”

CRITICAL

Applies to

Complaint or petition

A plaintiff or petitioner proceeding by pseudonym or initials must submit both redacted and unredacted versions of the complaint or petition.

Plaintiff/Petitioner must also submit both redacted and unredacted versions of the complaint/petition.

CRITICAL

Applies to

Certified copy of appointment order

Except as provided in subdivision 2, settlement proceeds may not be paid or transmitted to the guardian, conservator, or trustee until a certified copy of the appointment order is filed in the Civil Department approving the compromise.

Except as provided in subdivision 2 below, no payment or transmittal of the proceeds of the settlement agreement or judgment distributable to the minor or person with disability shall be made to the guardian, conservator or trustee until a certified copy of the Order appointing the guardian, conservator, or trustee has been filed in the Civil Department of the Court approving the compromise and settlement under Probate Code section 3600 et seq.