San Diego Superior Court Filing Timing and Cure Windows

CRITICAL

Parties must not submit evidence before a trial date is scheduled, and the court will not accept exhibits submitted before then.

The parties must not submit evidence to the court in cases in which a trial date has not yet been scheduled. Exhibits received in cases in which a trial date has not been scheduled will not be accepted.

CRITICAL

Remote-appearance trial notices must use Form RA-010 and be filed and served at least two court days before the trial readiness conference, except that unlawful detainer court trial notices are due two court days before trial; a witness’s notice is due two court days before trial unless a party already gave notice.

A party who intends to appear remotely for a trial must provide notice to the court and all parties or persons entitled to receive notice of the proceedings at least two court days prior to the trial readiness conference by filing and serving a “Notice of Remote Appearance” (JC Form #RA-010). For unlawful detainer court trials, this notice must be provided at least two court days prior to the trial. Any witness who intends to appear remotely for a trial must provide the same notice at least two court days prior to the trial unless a party has previously provided such notice.

CRITICAL

An opposition to remote technology must be filed and served on Form RA-015 by noon on the court day before the evidentiary hearing or trial readiness conference, or, for an unlawful detainer court trial, by noon on the court day before trial; a courtesy copy must go to the department, and failure to object waives the objection.

A person who wishes to oppose the use of remote technology at an evidentiary hearing or trial must do so in writing by filing and serving an “Opposition to Remote Proceedings at Evidentiary Hearing or Trial” (JC Form #RA-015) no later than noon on the court day before the evidentiary hearing or trial readiness conference, and must deliver a courtesy copy to the department. For unlawful detainer court trials, this notice must be provided no later than noon on the court day before the trial. Failure to do so shall be deemed to be a waiver of any objection to the remote appearance.

CRITICAL

Deadline

1 court days

Ex parte applications and supporting documents must be filed by noon on the court day before the appearance; if filed electronically, a courtesy copy must also be sent to the department by then.

Ex parte applications and all supporting documents must be filed with the court and, if electronically filed, a courtesy copy sent to the department, no later than noon the court day before the ex parte appearance.

CRITICAL

Deadline

1 court days

Ex parte applications and supporting documents must be filed by noon on the court day before the appearance.

Ex parte applications and all documents in support thereof must be filed with the court and, if electronically filed, a courtesy copy sent to the department, no later than noon the court day prior to the ex parte appearance.

CRITICAL

A non-moving party intending to appear remotely at an ex parte hearing must file and serve Form RA-010 by 4:00 p.m. on the preceding court day.

If a non-moving party intends to appear remotely, the non-moving party must file and serve a “Notice of Remote Appearance” (JC Form #RA-010) by 4:00 p.m. the court day prior to the ex-parte hearing.

INFO

Either party may request that the clerk open a deposition transcript returned to court; the clerk must note who requested it and file it on the day received.

Any deposition transcript returned to the court may be opened by the clerk at the request of either party, and the clerk will note thereon at whose request it was opened, and file the deposition transcript on the day it was received by the clerk.

CRITICAL

Deadline

5 court days

Unless the court orders otherwise, parties appearing remotely in covered trials must submit all evidence to the court at least five court days before trial; Unlawful Detainer and Small Claims cases with one or more remote parties are excluded.

Unless otherwise ordered by the court, the following rules apply to trials other than in Unlawful Detainer and Small Claims cases in which one or more parties appear remotely: 1. Unless otherwise ordered by the court in a particular case, parties appearing remotely must submit and serve all evidence to the court at least five court days prior to the scheduled trial date.

CRITICAL

The assigned department must be contacted within five days after filing an Environmental Leadership CEQA Challenge to request a case management conference.

A party and/or its attorney filing an Environmental Leadership CEQA Challenge pursuant to the Public Resources Code must contact, within five days of the filing, the department to which the Petition/Complaint is assigned to request a case management conference be set to ensure compliance with the time requirements for CEQA cases.

CRITICAL

Deadline

10 calendar days

For covered remote small claims trials and appeals, parties must submit evidence to the court at least ten calendar days before the scheduled trial date.

The parties must submit all evidence to be reviewed and considered to the court at least ten calendar days prior to the scheduled trial date.

CRITICAL

A counter-request to set a case for trial must be filed within five days after the trial request is filed.

A counter-request must be filed within five days of the filing of the trial request.

CRITICAL

For an action involving an uninsured or underinsured motorist claim, the court suspends time requirements and stays the action for 180 days.

The court will suspend the time requirements and the action will be stayed for a period of 180 days.

CRITICAL

If the notice of related case includes probate or family law cases as well as civil cases, the filing party must schedule an ex parte hearing in the supervising civil department within 15 days after filing the notice.

If a notice of related case lists probate and/or family law cases in addition to civil cases, the party filing the notice of related case must, within 15 days of the filing of the notice of related case, schedule an ex parte hearing in supervising civil department.

CRITICAL

A party intending to challenge the judge assigned for trial under Code of Civil Procedure section 170.6(a)(2) must do so when notified of the assignment.

Accordingly, if any of the parties intend to challenge the judge assigned for trial pursuant to Code of Civil Procedure section 170.6, subdivision (a)(2), they must do so at the time they are notified of the assignment.

CRITICAL

Deadline

5 court days

Unless otherwise ordered, written party-position statements must be lodged with the settlement conference judge and served on the other parties five court days before the conference, except in the specified unlawful detainer proceedings.

In all cases except unlawful detainer proceedings in which a party is represented by counsel under the Sargent Shriver Civil Counsel Act, written statements of the position of each party must be lodged with the settlement conference judge and served on other parties five court days prior to the settlement conference, unless otherwise ordered.

CRITICAL

The plaintiff must request entry of default forthwith when a defendant fails to appear or, after an unsuccessful specified motion, fails to plead within the applicable time.

If a defendant does not make a general appearance within the time provided by statute, or makes an unsuccessful motion to quash, stay, or dismiss the action on the grounds of inconvenient forum or improper court, and thereafter fails to plead within the time provided by statute or in these rules, the plaintiff must request entry of default forthwith.

CRITICAL

Deadline

5 court days

Provide proposed juror questionnaires to the court five court days before trial call; an untimely request is deemed waived.

If counsel proposes juror questionnaires, the questionnaires must be accompanied by a Juror Questionnaire Cover Sheet and must be provided to the court 5 court days prior to trial call. If a proposed juror questionnaire is not timely submitted to the court, the request is deemed waived.

CRITICAL

Civil actions classified as “other” will be noticed for dismissal 180 days after the first jurisdiction-conferring filing unless the parties obtain an extension by appearing ex parte in the appropriate department.

Civil actions classified as “other,” including but not limited to petitions for extraordinary relief and small claims appeals, will be noticed for dismissal 180 days after the filing of the first document conferring court jurisdiction, unless the parties appear ex parte in the appropriate department and obtain an extension of time.

CRITICAL

Such a request should be made using the Request for Court Reporter by a Party with a Fee Waiver form (SDSC Form #ADM-379), available on the court’s website, www.sdcourt.ca.gov, and must be filed with the clerk at least 10 days before the proceeding. If the requesting party received less than 10 days' notice of the hearing or trial, the requesting party must file the request as soon as practicable.

Such a request should be made using the Request for Court Reporter by a Party with a Fee Waiver form (SDSC Form #ADM-379), available on the court’s website, www.sdcourt.ca.gov, and must be filed with the clerk at least 10 days before the proceeding. If the requesting party received less than 10 days' notice of the hearing or trial, the requesting party must file the request as soon as practicable.

CRITICAL

Deadline

10 calendar days

Parties must re-submit any trial evidence they want considered in a trial de novo appeal at least ten calendar days before the appeal date.

As evidence submitted to the court in connection with a small claims trial is not retained by the court, the parties must re-exchange and re-submit any evidence they want the court to consider for a small claims appeal (trial de novo hearing) at least ten calendar days before the scheduled appeal date.