San Diego Superior Court Filing Timing and Cure Windows

CRITICAL

Deadline

5 court days

Submit the completed joint trial readiness conference report to the judge five court days before the conference.

The completed report must be submitted to the judge five court days before the scheduled conference.

CRITICAL

Deadline

15 calendar days

Each party must file its Case Management Statement 15 calendar days before the initial Case Management Conference.

A Case Management Statement must be completed by each party and filed with the court 15 calendar days before the initial Case Management Conference.

CRITICAL

Deadline

2 court days

In trials with one or more parties appearing remotely, all evidence must be submitted to the court at least two court days before trial.

The parties must submit to the court and serve all evidence at least two court days prior to the scheduled trial date.

CRITICAL

If a notice of related case is filed pursuant to Rule 3.300 of the California Rules of Court and all the cases listed in the notice were filed in the San Diego Superior Court civil division, 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 with the judge who has the earliest filed unlimited civil case or, if all cases are limited, the earliest filed limited civil case, in order to determine whether

If a notice of related case is filed pursuant to Rule 3.300 of the California Rules of Court and all the cases listed in the notice were filed in the San Diego Superior Court civil division, 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 with the judge who has the earliest filed unlimited civil case or, if all cases are limited, the earliest filed limited civil case, in order to determine whether

CRITICAL

Deadline

5 court days

A show cause hearing will be taken off calendar if a dismissal of all complaints and cross-complaints, or a judgment resolving them all, is filed no later than five court days before the hearing.

The show cause hearing will be taken off calendar if a dismissal of all complaints and cross-complaints, or a judgment as to all complaints and cross- complaints, is filed with the court no later than five court days prior to the hearing.

CRITICAL

A petition to appoint a guardian ad litem must be filed with the underlying complaint.

Petitions for appointment of a guardian ad litem must be filed at the same time as the underlying complaint is filed.

CRITICAL

Within 10 calendar days after receiving notice of a plaintiff’s death, plaintiff’s counsel must file and serve a Notice of Death of the Plaintiff on all other parties.

Within 10 calendar days of receiving notice of the death of a plaintiff, counsel for the plaintiff must file with the court and serve upon all other parties in the action, a Notice of Death of the Plaintiff.

CRITICAL

Unless making a special appearance, each served defendant must appear within the statutory time, or within 15 days thereafter if the parties stipulate to an extension.

Unless a special appearance is made, each defendant served must generally appear (as defined in Code Civ. Proc., § 1014) within the time required by the Code of Civil Procedure, or within 15 days thereafter if the parties have stipulated to extend that time.

CRITICAL

Failure to file proof of service or a responsive pleading within 60 days after the complaint is filed may result in automatic dismissal without prejudice.

Failure to file the Proof Service or a responsive pleading being filed within 60 days of the filing of the complaint may result in the case being automatically dismissed without prejudice pursuant to Code of Civil Procedure section 1167.1.

CRITICAL

Deadline

5 court days

Unless otherwise directed by the court, counsel must file and serve motions in limine and opposition thereto five court days and two court days respectively prior to trial call.

Unless otherwise directed by the court, counsel must file and serve motions in limine and opposition thereto five court days and two court days respectively prior to trial call.

CRITICAL

Notice of an intent to appear remotely throughout the case must be provided concurrently with or before any other notice of a remote appearance.

Notice that a party intends to appear remotely for the duration of the case must be provided concurrently with any other notice of a remote appearance or earlier.

CRITICAL

Deadline

60 calendar days

For a complaint including an uninsured or underinsured motorist claim, the plaintiff must appear ex parte within 60 calendar days after filing and state whether a stay is requested and whether the case will proceed against other appearing defendants.

In addition to the above, 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 appear ex parte within 60 calendar days of the filing of the complaint and indicate whether a stay of the action or a portion of the action is requested in accordance with rule 2.1.13, and/or whether the case will proceed against all other appearing defendants.

CRITICAL

A party seeking to be heard about a transfer ordered without a hearing or outside a hearing must request a hearing within 10 days after notice of transfer.

Although transfer will ordinarily be ordered in civil matters at the time of the case management conference or in criminal matters at the time of arraignment, such transfer may be ordered at any time at the discretion of any of the judges set forth above. If the order to transfer is made without a hearing or at a time other than a hearing, any party will be entitled to be heard concerning such transfer if a request for hearing is made to the judge who ordered the transfer within 10 days after notice of transfer.

CRITICAL

Failure to file a Motion for Summary Judgment and/or Summary Adjudication after reserving a date with the calendar clerk, or failing to call the independent calendar clerk to take the hearing off calendar no later than two days after the last date to serve moving papers pursuant to Code of Civil Procedure, section 437c, is deemed to be a waste of judicial resources and a violation of local rules.

Failure to file a Motion for Summary Judgment and/or Summary Adjudication after reserving a date with the calendar clerk, or failing to call the independent calendar clerk to take the hearing off calendar no later than two days after the last date to serve moving papers pursuant to Code of Civil Procedure, section 437c, is deemed to be a waste of judicial resources and a violation of local rules.

CRITICAL

The mediator must file JC Form #ADR-100 within 10 days after the mediation session concludes.

The mediator shall complete, serve, and file JC Form #ADR-100 with the court within 10 days after the mediation session is concluded. (Code Civ. Proc. § 1775 et seq.)

CRITICAL

Deadline

5 court days

Trial briefs are optional in small claims appeals; any brief a party chooses to file is due at least five court days before the hearing and may not exceed five pages.

Parties are not required to file trial briefs in small claims appeals. However, if a party feels a brief is necessary, it must be filed at least five court days prior to the hearing and must not exceed five pages in length.

CRITICAL

The plaintiff and parties presenting valuation testimony must meet before the scheduled trial readiness conference.

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

When a related-case notice lists probate or family law cases in addition to 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 is filed pursuant to Rule 3.300 of the California Rules of Court and 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

Deadline

5 court days

For a remote appearance at a hearing other than a trial or ex parte hearing, the party must file and serve Form RA-010 on the court and persons entitled to notice at least five court days beforehand; a remote witness at an evidentiary hearing must provide the same notice.

A party who intends to appear remotely for a hearing, including an evidentiary hearing, but excluding a trial or ex parte hearing, must provide notice to the court and all parties or persons entitled to receive notice of the proceedings at least five court days prior to the hearing by filing and serving a “Notice of Remote Appearance” (JC Form #RA-010). Any witness who intends to appear remotely for an evidentiary hearing must provide the same notice.

CRITICAL

If the mediator does not file the form, the plaintiff must file it 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

The court must reopen a qualifying default judgment to allow a servicemember to defend if military service materially affected the ability to assert a defense, the servicemember has a meritorious or legal defense, and the application is filed within 90 days after service ends.

If the court enters a default judgment during a period of military service (or within 60 days after the end of service), the court must reopen the judgment to allow the servicemember to defend if: a. The service member was materially affected due to military service in asserting a defense, and b. The service member has a meritorious or legal defense to the action or some part of it, so long as the application is filed within 90 days after the end of military service.