San Joaquin Superior Court Filing Timing and Cure Windows

Documents placed in the drop box by 4:00 p.m. are deemed filed that day.

Documents placed in the drop box by 4:00 pm are deemed filed the same day. See CRC 2.210(b)

A document deposited in a court’s drop box up to and including 4:00 p.m. on a court day is deemed filed that day, and a court may establish a noticed later cutoff for same-day filing.

Any document deposited in a court's drop box up to and including 4:00 p.m. on a court day is deemed to have been deposited fo r filing on that day. A court may provide for same-day filing of a document deposited in its drop box after 4:00 p.m. on a court day. If so, the court must give notice of the deadline for same-day filing of a document deposited in its drop box.

A drop-box document is deemed filed the next court day when deposited after the applicable same-day deadline or on a judicial holiday.

Any document deposited in a court's drop box is deemed to have been deposited for filing on the next court day if: (1) It is deposited on a court day after 4:00 p.m. or after the deadline for same-day filing if a court provides for a later time; or (2) It is deposited on a judicial holiday.

The specified felony trial motions must be served on opposing counsel and filed no later than one week before the first trial assignment date.

These motions must be served on opposing counsel and filed with the court no later than one week before the first trial assignment date.

Misdemeanor in limine motions requiring live testimony must be served and filed no later than one week before the first trial assignment date.

In limine motions requiring live testimony shall be served on opposing counsel and filed with the court no later than one week before the first trial assignment date.

Applies to

Pretrial statement

In felony cases, the People and defendant must file and serve a pretrial statement at least two days before the pretrial conference.

In felony cases, the People and the Defendant shall file with the court, and serve on opposing counsel, a pretrial statement two (2) days prior to the scheduled pretrial conference.

Deadline

5 calendar days

Applies to

Noticed motion

A request to modify judgment must be made by a noticed motion specifying the requested order and supporting basis and filed at least five days before the hearing, subject to the stated non-substantive-modification exception.

Requests to modify judgment must be by a noticed motion, specifying the order sought and the support for it, filed with the clerk of the court not less than five (5) days in advance of the hearing date.

Deadline

24 hours

Applies to

Release application

A hearing date and time for a temporary inmate-release application generally must be arranged 24 hours in advance, although less advance notice may be allowed for good cause by contacting the courtroom clerk.

A hearing date and time for the application and order must be made 24 hours in advance or within less time upon good cause by contacting the judge’s courtroom clerk.

Mental health competency doctor reports must be filed by 5:00 p.m. no later than the last court day before the hearing.

A. Doctor reports regarding mental health competency under PC 1368 must be filed with the court by 5:00 p.m. no later than the last court day prior to the hearing either by:

Deadline

5 calendar days

A written response to an order to show cause must be filed at least five calendar days before the hearing.

Written response to orders to show cause must be filed at least five (5) calendar days before the hearing.

If a responsive pleading is not timely served and no extension is granted, the plaintiff must request entry of default within 10 days after the service period expires.

Pursuant to C.R.C 3.110(g), if a responsive pleading is not served within the applicable time limits, and no extension of time has been granted, the plaintiff is required, within 10 days after the time for services has elapsed, to file a request for entry of default.

In an uninsured motorist case, the plaintiff must file a dismissal within 10 days after receiving the monies.

Plaintiff is required to file a dismissal within ten (10) days after receipt of monies or 60 days after the arbitration hearing in all uninsured motorist cases.

Deadline

15 calendar days

Each appearing party must file and serve the completed Case Management Conference Statement at least 15 calendar days before the hearing.

Each appearing party shall file and serve the completed Case Management Conference Statement at least fifteen (15) calendar days prior to the hearing.

Deadline

10 court days

A remote-appearance request must be filed no later than 10 court days before the hearing.

a. A party may request to appear remotely by filing and serving a Notice of Remote Appearance Form RA-010 with the Court no later than10 court days before the Evidentiary Hearing, Settlement Conference, Bench or Court Trial, Jury Trial, or Order to Show Cause.

Deadline

10 calendar days

Each party must file a Settlement Conference Statement with the court at least 10 calendar days before the hearing.

Each party must file with the court and serve all other parties with a Settlement Conference Statement at least ten (10) calendar days prior to the hearing.

Deadline

24 hours

The moving papers and any applicable filing fee must be filed no later than 24 hours before the requested ex parte hearing time.

The party shall file the moving papers and any applicable filing fee due no later than 24 hours prior to the requested hearing date and time.

Parties seeking to stipulate to mediation before the initial Case Management Conference must file a completed stipulation at least 10 days before the conference.

To stipulate to mediation prior to the initial Case Management Conference, parties must file a completed stipulation at least ten (10) days before the scheduled Case Management Conference.

Parties that agree to mediation at a Case Management Conference must file a Stipulation and Order to ADR within 21 days after the conference.

When parties come to an agreement at a Case Management Conference to utilize mediation, the parties have 21 days from the date of the Case Management Conference to file a Stipulation and Order to ADR with the court.

Deadline

30 calendar days

Petitions and supporting papers must be filed 30 calendar days before the hearing, except for the Notice of Hearing and proof of service.

Petitions with all supporting papers, except the Notice of Hearing and or proof of service, shall be on file thirty (30) calendar days before the hearing date. Failure to file all required paperwork in the time limits specified in this section, or sections 2 and 3 immediately below, may result in the hearing being continued.

Deadline

10 court days

The initial Notice of Hearing and proofs of service must be filed with the Clerk at least 10 court days before the hearing.

Notice of Hearing and or proofs of service for the initial petition shall be filed with the Clerk at least ten (10) court days prior to the day of hearing.

Deadline

5 court days

Proofs of publication must be filed with the Clerk at least 5 court days before the hearing.

Proofs of Publication shall be filed with the Clerk at least five (5) court days prior to the day of hearing.

The parties must file a joint Meet and Confer Statement within 45 days after service of the responsive pleading.

The parties must file a joint Meet and Confer Statement (parties may use local form SJPR-002) within 45 days after service of the responsive pleading.

A remote-appearance request must be filed and served with Form RA-010 and proposed Form RA-020 at least 10 court days before the hearing or trial.

A party may request to appear remotely by filing and serving a Notice of Remote Appearance (Judicial Council Form RA-010) and proposed Order Regarding Remote Appearance (Judicial Council Form RA-020) with the Court no later than ten (10) court days before the Evidentiary Hearing, Settlement Conference, Bench or Court Trial, or Jury Trial.

A petition for preliminary or final distribution may not be heard until a survival period required by the Will has expired.

If a Will contains a period of survival as a condition precedent to the spouse’s or beneficiary’s right to receive assets, the petition for a preliminary or final distribution cannot be heard until the survival period has expired.

When a trust is created under PC §§ 2580 or 3100, the trustee must commence a separate county trust proceeding by filing an Acceptance of Trust by Trustee with the certified Substituted Judgment order and trust attached within 30 days after the order is signed.

When a trust is created under PC §§ 2580 or 3100 the Order shall provide, as a condition of approval that the Trustee shall commence a separate trust proceeding with a probate case number in this county by filing an Acceptance of Trust by Trustee, with a certified copy of the Order for Substituted Judgment and the Trust attached. This shall be done within 30 days of the Order being signed.

A petition received with attachments exceeding the applicable page limit without court authorization will be rejected.

Any petitions with attachments received in excess of the page limits set forth above, without authorization, shall be rejected.

LPS matters are heard Monday, Wednesday, and Friday at 8:45 a.m. or 9:00 a.m.; filers should provide at least three legally available dates, and proof of service must be filed before the hearing.

Motions, petitions, and other requests for relief in LPS matters are heard Mondays, Wednesdays, and Fridays at 8:45a.m. or 9:00a.m. When submitting the moving papers for filing, please have at least three (3) dates (within the proper time provisions) for the clerk to check for availability. Proof of service must be on file with the Superior Court Clerk’s office before the scheduled hearing.

Deadline

2 court days

Habeas-corpus hearings occur within two court days under the stated Monday-through-Friday filing schedule, with filings after 11:30 a.m. assigned according to the next listed day and holiday hearings moved to the next court day.

Hearings on writs of habeas corpus will be conducted within two court days of the filing of the writ as follows: Petitions filed on Mondays and Tuesdays by 11:30 a.m. will be heard on Wednesdays at 8:45 a.m. or 9:00 a.m.; Petitions filed on Wednesdays and Thursdays by 11:30 a.m. will be heard on Fridays at 8:45 a.m. or 9:00 a.m.; Petitions filed on Fridays by 11:30 a.m. will be heard on Mondays at 8:45 a.m. or 9:00 a.m. Any hearing date that falls on a judicial holiday will be heard on the next court day.

A habeas-corpus or Riese petition filed after 11:30 a.m. is treated as filed the next day and calendared accordingly.

Any writ of habeas corpus or Riese petition filed after 11:30 a.m. on the days designated herein shall be treated as if they were filed on the next day and shall be calendared accordingly.

An electronically submitted document is not considered filed until the reviewing clerk accepts it.

Documents electronically submitted to the court for filing may be reviewed by the clerk for certain data elements and/or completeness. Documents are not considered “filed” until they have been accepted by the reviewing clerk.

The filer is responsible for confirming submission, correcting and resubmitting rejected documents, and completing electronic filing; without confirmation of receipt and filing, receipt and filing are not presumed.

The confirmation of submission, subsequent resubmission of rejected documents with corrections and/or fees, as well as the filing of documents with the court electronically is the sole responsibility of the filer. In the absence of confirmation of receipt and filing, there is no presumption that the court received and filed the document.

After denial of a fee-waiver request, the filer must comply with the fee-waiver order within 10 days or the filing will be voided.

The filer will have 10 days to comply with the Order on Fee Waiver or the filing will be voided.

A proponent must provide written notice of intent to introduce videography testimony at least 15 days before the hearing.

Notice of intent to introduce testimony by videography must be given in writing by the proponent at least 15 days prior to the date set for hearing.

Each party must file and serve a meaningful and complete statement at least 10 days before the mandatory settlement conference, including the listed property, support, issues, and attorney-fee information.

Each party shall file and serve ten days prior to the mandatory settlement conference a meaningful and complete statement which shall include: (a) Identity of community property and obligations; (b) Identity of separate property; (c) Proposed distribution of community property and obligations; (d) Statement of issues and contentions; (e) Statement of request for child and spousal support; and, (f) Statement of request for attorney’s fees pursuant to Rules of Court, Rule 5.427.

Deadline

5 court days

For all trials, including long cause hearings, the parties must file and exchange trial briefs on all issues at least five court days before trial.

For all trials, including long cause hearings, the parties shall file and exchange trial briefs on all issues at least five court days prior to trial.

Deadline

20 calendar days

The videoconference appearance application must be filed and served at least 20 days before the initially scheduled hearing or trial.

The requesting party must file and serve an Ex Parte Application for Videoconference Appearance at Trial and Order (SJ- FL-004) at least twenty (20) days prior to the date the matter is initially set for hearing or trial.

Deadline

5 calendar days

Objections to a videoconference appearance application must be filed and served no later than five days after service of the application.

Any objections to the application must be filed and served no later than five (5) days after service of the Application.

Deadline

5 court days

Any document a party or attorney wants the court to consider must be submitted with the moving or opposition papers at least five court days before the hearing.

Any and all documents a party/attorney wants the court to consider shall be submitted with a party’s moving/opposition papers five (5) court days prior to the hearing.

Deadline

10 court days

A request for remote appearance by telephone must be filed and served at least 10 court days before the scheduled hearing.

A party may request to appear remotely by telephone by filing and serving an Ex Parte Application for Remote Appearance at Hearing and Order (Form SJ-FL-005) with the Court no later than10 court days before the Evidentiary Hearing, Mediation, Settlement Conference, Trial, or Order to Show Cause.

Objections to a remote-appearance application must be filed and served within five days after service of the application.

Any objections must be filed and served no later than five (5) days after service of the Application.

Deadline

5 court days

Documents intended for the court's consideration must be submitted five court days before the hearing.

Any and all documents a party/attorney wants the court to consider shall be submitted with a party’s moving/opposition papers 5 court days prior to the hearing.

Deadline

5 court days

Failure to provide at least five court days’ notice of documentary evidence may result in a continuance or exclusion of that evidence.

Failure to provide at least five court days’ notice of proffered documentary evidence may result in a continuance to another court date and/or its exclusion.

Deadline

5 court days

A Notice of Remote Appearance must be filed no later than 5 court days before the applicable hearing.

A party may request to appear remotely by filing and serving a Notice of Remote Appearance Form RA-010 with the Court no later than 5 court days before the Small Claims Actions, Unlawful Detainer Cases, Civil Harassment Restraining Orders, or Other Evidentiary Hearings.

Deadline

3 court days

An Opposition to Remote Proceedings may be filed no later than 3 court days before the hearing.

In response to notice of remote appearance, any party may file and serve an Opposition to Remote Proceedings Form RA-015 no later than 3 court days before the hearing in question.

A notice electing the original trial court file must be filed within the California Rules of Court, Rule 8.831 record-designation time limits.

An appellant in an appeal in a civil limited case, electing to use the original trial court file as set out in subsection A, must file and serve the notice of election within the same time limits for designation of record set out in California Rules of Court, Rule 8.831.

Certain civil filings must be placed in the counter 7 basket rather than processed at the counter, and the basket is removed promptly at 5:00 p.m. daily, with filings involving hearings within the week prioritized.

ALL CIVIL Requests for Defaults, Dismissals, Writs (except Unlawful Detainer Writs for Possession), Abstracts and Renewals of Judgments are not processed at the counters as these documents may require additional research to ensure they are being filed properly. These documents are required to be dropped in the basket at counter 7. The basket is removed promptly at 5:00 p.m. daily. Filings with pending hearings within the week will take priority in processing.

Deadline

1 business days

Unlawful detainer clerk default judgments for possession of the premises may be left with the counter clerk and will be ready after 1:00 p.m. on the following business day.

ALL UNLAWFUL DETAINER Clerks Default Judgments for Possession of the Premises are not processed at the counters. Documents may be left with the counter clerk for processing and will be ready after 1:00 p.m. the following business day from the date filed.

Kiosk tickets are unavailable after 5:00 p.m.; if obtained by 5:00 p.m., the clerk may complete up to three new cases and five miscellaneous documents, after which additional work must be resumed during regular business hours.

Customers may not obtain a kiosk ticket after 5:00 p.m. If you obtain a kiosk ticket by 5:00 p.m. the counter clerk will wait on you and finish your work which may consist of up to three (3) new cases and five (5) miscellaneous documents. Once the clerk has completed those items, and it is after 5:00 p.m. you will need to return another time during regular business hours.

The Civil, Appeals & Dependency Clerk’s Office drop box is available from 8:00 a.m. to 4:00 p.m.

The Civil, Appeals & Dependency drop box is available between 8:00 am and 4:00 pm.

Deadline

2 court days

An opposition to remote proceedings may be filed and served using Form RA-015 no later than 2 court days after service of the remote-appearance notice.

b. In response to notice of remote appearance, any party may file and serve an Opposition to Remote Proceedings Form RA-015 no later than 2 court days from date of service of a party’s notice of remote appearance.

Any party may file and serve Form RA-015 opposing remote proceedings no later than 5 court days before the hearing.

In response to a notice of remote appearance, any party may file and serve an Opposition to Remote Proceedings Form RA-015 no later than five (5) court days before the hearing in question.

To the extent possible, Riese petition hearings follow the same schedule specified for habeas-corpus hearings in Rule 4-904(B).

Hearings on Riese petitions will, to the extent possible, follow the same schedule as set forth in 4-904 B.

A rejected filing generates a Notice of Rejection, and the filer is responsible for correcting and electronically resubmitting the document with payment when the document is not on the exclusion list.

If after review by the clerk, a document electronically submitted to the court is subsequently determined to be unacceptable for filing; a Notice of Rejection specifying the reason(s) will be generated and provided to the filer. After addressing the issues, it is the sole responsibility of the filer to resubmit the document(s) with payment electronically if they choose to, if the basis for rejection was not due to the document being on the exclusion list.

Documents left for pickup will be destroyed if they are not picked up within 30 days.

Documents not picked up within 30 days will be destroyed.

Unless an order sets the date, the moving party may schedule the Law and Motion hearing at the Superior Court Clerk’s office when filing the moving papers, subject to mandatory statutory and Rules of Court time provisions.

Except where there is an order setting the date, the moving party may schedule the Law and Motion hearing in the Superior Court Clerk’s office when the moving papers are filed (subject to mandatory time provisions of statutes and Rules of Court).