San Luis Obispo Superior Court Filing Timing and Cure Windows

Within ten days after service of each defendant's pleading, the plaintiff must file duplicate copies of specified eminent domain pleadings and related documents.

Within ten days after service of each defendant's pleading, the plaintiff must file a duplicate copy of his complaint, summons, lis pendens, and other pertinent documents.

An ex parte application and supporting papers must be filed with applicable fees by 2:00 p.m. the day before the hearing.

In addition, the application and all supporting papers shall be filed, together with applicable filing fees, by no later than 2:00 p.m. on the day preceding the hearing.

Responsive pleadings must be filed and served within the time required by law, and the parties may stipulate to an extension of no more than 15 days beyond the original response due date.

Each party served must file and serve responsive pleadings within the time required by law. The parties may stipulate to an extension of not more than fifteen days beyond the date the response would otherwise be due.

Each party must file and serve a completed Case Management Statement 15 days before the first Case Management Conference.

Each party must file and serve a completed Case Management Statement fifteen days before the first Case Management Conference.

A motion to extend the relief-from-forfeiture period must be filed within 180 days of forfeiture, or within 185 days when notice of forfeiture was mailed.

The motion shall be filed within 180 days of the date of forfeiture, or if notice of forfeiture was sent by mail, then within 185 days of the date of forfeiture.

Deadline

3 court days

The declaration or offer of proof must be filed at least three court days before the hearing.

The declaration or offer of proof must be filed and personally served on the prosecuting agency no fewer than three court days before the hearing; for example, for a hearing on Friday at 8:30 a.m., the declaration or offer of proof must be served and filed by Tuesday at 5:00 p.m.

Motions in limine must be filed by the earlier of the start of the Courtwide Readiness Conference or the deadline set by the trial department.

All motions in limine shall be filed by the start of the Courtwide Readiness Conference before the scheduled Jury Trial or by the deadline set by the trial department, whichever occurs first.

A motion requiring a hearing must be noticed and heard before the Readiness Conference in misdemeanor and felony cases.

The motion must be noticed and heard prior to the Readiness Conference for misdemeanors and felonies.

Notice of intent to request an ex parte order shortening time must be given by 10:00 a.m. on the court day before the appearance, unless exceptional circumstances justify shorter notice.

Notice of an intent to request an ex parte order shortening time must be given to all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.

Deadline

2 court days

Supplemental documents must be filed by 3:00 p.m. two court days before the hearing to be considered, but timely filing does not prevent the Court from continuing the matter and does not ensure updated probate notes.

In order to be considered at the calendared hearing, all documents must be filed no later than 3:00 p.m. two (2) court days prior to the hearing. The Court reserves the right to continue the matter for additional review time, even if documents were filed timely under this subsection. Probate notes may or may not be updated after the submission.

An ex parte application, all supporting papers, and fees must be submitted to the clerk no later than 2:00 p.m. on the day before the hearing.

A party seeking an ex parte order must submit the application and all supporting papers and fees to the Clerk for filing no later than 2:00 p.m. on the day preceding the hearing.

A petition for permanent letters must be filed before special letters issue, unless the special-letters petition shows good cause for the delay.

The petitioner also must file a petition for permanent letters before special letters of administration must be issued, or there appears in the petition a showing of good cause why a petition for permanent letters has not been filed.

Deadline

5 court days

An order for signature at the hearing must be submitted when the petition is submitted or no later than five court days before the hearing.

For an order to be included in the file for signature at the time of the hearing, it must be submitted to the Clerk at the time the petition is submitted, or no later than five (5) court days prior to the hearing.

Deadline

5 calendar days

An order not presented at the hearing must be presented within five days after the hearing.

An order not presented for signature at time of the hearing must be presented within five (5) days thereafter

Deadline

4 calendar days

In decedent's estates, the Inventory and Appraisal must be filed within four months after Letters issue unless the court allows additional time for good cause.

In decedent's estates: Probate Code Sec. 8800(b) requires that the Inventory and Appraisal must be filed within four (4) months after Letters are issued to a personal representative, or within such further time as the court may allow after a showing of good cause.

Deadline

90 calendar days

In guardianships and conservatorships, the Inventory and Appraisal must be filed within 90 days after the appointment order is signed unless the court allows additional time for good cause.

In guardianships and conservatorships: Probate Code § 2610(a) requires that the Inventory and Appraisal must be filed within 90 days after the court signs the order appointing the guardian or conservator, or within such further time as the court may allow after a showing of good cause.

The personal representative must petition for final distribution or file a verified status report within one year for estates not requiring a federal estate tax return and within 18 months for estates requiring such a return.

Within one year from the date of issuance of letters in estates not required to file a federal estate tax return and within 18 months from the date of issuance of letters in estates where such return is required, the personal representative must either petition for final distribution of the estate or file a verified report of status of administration.

An accounting must be filed upon the death, removal, or resignation of the guardian or conservator.

Upon death, removal, or resignation of the guardian or conservator.

The required bond must be filed before letters of guardianship or conservatorship are issued.

Bond must be filed before issuance of letters.

The guardian or conservator must file an inventory and appraisal with the clerk within 90 days after appointment, even when accounting relief may be sought.

An inventory and appraisal of the estate, as of the day of appointment, must be filed by the guardian or conservator, with the Clerk within ninety (90) days of appointment, in all cases where there is a conservator or guardian of the estate, even in a case where relief from the requirement of filing accountings may be sought under Probate Code Sec. 2628.

The required action must occur one year after appointment and thereafter at least twice a year, unless the Court orders otherwise.

At the expiration of one year from the time of appointment and thereafter not less frequently than bi-annually unless otherwise ordered by the Court.

An accounting must be filed when the ward turns 18.

Upon the ward's 18th birthday.

An accounting must be filed upon the death of the ward or conservatee.

Upon death of the ward or conservatee.

An accounting must be filed upon any other termination of the guardianship or conservatorship.

Upon any other termination of the guardianship or conservatorship.

The Civil Clerk's Office will reject an initial guardianship or conservatorship petition until the required supporting documents are provided.

Initial Petitions submitted without the supporting documents listed below shall be rejected by the Civil Clerk’s Office until all of the necessary supporting documents, as indicated, are provided.

A competing or subsequent guardianship or conservatorship petition must include the listed supporting documents before the Civil Clerk will accept it for filing.

Competing or subsequent Petitions for Conservatorship of the person and/or estate or Guardianship of the person and/or estate, filed by another Petitioner or nominating a different proposed guardian/conservator, must also provide the supporting documents listed below before the filing will be accepted by the Civil Clerk for filing.

Applies to

Petition

Designated fax petitions may be submitted at any hour and are deemed filed upon receipt, with the clerk authorized to file-stamp the receipt date and time.

Designated petitions may be faxed to the juvenile court at any hour and will be deemed filed on the date and time of receipt and the clerk of the court is authorized to affix a file stamp with the date and time of receipt.

Deadline

3 court days

Applies to

Casa report

CASA reports must be submitted to the court at least three court days before the hearing.

CASA reports shall be submitted to the court at least (3) three court days prior to the hearing.

The moving party must file all accompanying pleadings, including the temporary-emergency-order request, by noon on the day before the reserved date.

All pleadings accompanying and including the request for temporary emergency orders must be filed by the moving party by 12:00 p.m. on the day before the reserved date.

An untimely filing or an unpaid required fee without a waiver will prevent the temporary-emergency-order request from being heard.

If the pleadings are not timely filed or if the necessary fees are not paid (absent a fee waiver), the request for temporary emergency orders will not be heard.

Counsel or self-represented parties must notify the assigned clerk in writing as soon as possible after settlement, may use the designated department email address, and must notify the court at the earliest opportunity when settling at trial.

If the case settles prior to the date of trial or hearing, counsel or the parties if self-represented must notify the clerk of the court where the matter is assigned in writing as soon as possible, so that pending matters can be removed from calendar and other matters can be set. If the parties appear at trial, the court must be notified at the earliest time that the matter is settled, so that it can be taken off calendar, or heard as an uncontested matter. Notification may be made by email to the assigned department in accordance with rule 19.10, Designated Department Email Addresses.

The remote-appearance application must be filed at least five court days before the hearing.

A Local Form FL015, Application for Videoconference Appearance and Order must be filed and served at least five (5) court days prior to the hearing.

The other party has three court days after the remote-appearance application is filed to object.

The other party has three (3) court days after filing of the application to object to the request.

Deadline

15 court days

Exhibit lists and exhibits must be served and filed at least 15 court days before the scheduled proceeding unless the court orders otherwise.

Exhibit lists and exhibits shall be served and filed no later than fifteen (15) court days before the scheduled proceeding, except as ordered by the court.

Each party must file its property statement at least two days before the scheduled proceeding.

The property statement shall be filed by each party no later than two (2) days prior to the scheduled proceeding.

Each required trial brief must be served and filed no later than five court days before the scheduled proceeding.

No later than five (5) court days before the scheduled proceeding, each party shall serve and file any required trial brief.

The spousal-support declaration must be served and filed no later than five court days before the scheduled proceeding.

no later than five (5) court days before the scheduled proceeding.

In cases exempt from pretrial management by court order, the listed trial-preparation filings are due at least two court days before the scheduled proceeding.

At least 2 court days prior to the scheduled proceeding, serve and file:

The attorney or party designated to prepare a post-hearing order or judgment must do so within 10 days after the hearing.

The attorney or party designated by the court to prepare an order/judgment after a hearing must do so within ten (10) days following the hearing.

Deadline

5 court days

Applies to

Pretrial submissions

The listed pretrial documents and submissions must be filed five court days before the scheduled trial date.

The following documents and things must be filed 5 court days before the date scheduled for trial:A brief statement of the case and the issues to be determined by trial;The estimated time required for the trial;Stipulated facts or admissions of the parties;Any special voir dire questions or requests;A witness list;Motions in limine; andA statement of any unusual evidentiary or legal issues.

Deadline

5 court days

Applies to

Motion in limine

In civil jury trials, in limine motions must be filed and served by fax, express mail, or personal service no later than five court days before the first calendar call.

In civil jury trials, counsel must make any In Limine motions as follows: (a) The motion to be filed and served by FAX, express mail or personal service, not later than five court days before the first calendar call of the case.

Documents received by 11:59:59 p.m. on a court day are deemed filed that day, while later submissions are deemed filed the next business day the clerk's office is open.

Documents may be electronically transmitted to the court at any time of the day. Acceptance of documents for filing shall be deemed to occur (i) on the date the document was submitted to the court if received by the court by 11:59:59 p.m. on a court day; or (ii) on the next business day the clerk’s office is open for business if the submission occurred after 11:59:59 p.m. For purposes of this section, court days shall be Monday through Friday, excluding court holidays.

A sanction may be imposed if the Case Management Statement questionnaire is filed fewer than 15 days before the conference.

If the questionnaire is filed less than fifteen days before the conference, a sanction will be imposed (CRC 3.720).

The guardian or conservator must file an accounting at any other time ordered by the court.

At such other times as the Court may order.

Applies to

Social study report

The clerk must date- and time-stamp social study reports immediately upon receipt.

The Clerk of the Court's office must mark all such reports with a date and time stamp immediately upon receipt.

Failure to file an opening brief within the applicable time limits may result in dismissal of the appeal upon notice.

If the appellant fails to file an opening brief within the applicable time limits, the court may, upon notice, dismiss the appeal pursuant to the provisions of CRC Rule 8.220. (Amended 1/1/09) (Amended 1/1/09)

The Appellate Division may revise the timing for preparing a reporter’s transcript of an electronic recording on a case-by-case basis.

On a case-by-case basis, the Appellate Division may revise the timeliness for the preparation of the reporter’s transcript of electronic recording. (Cal. Rules of Court, rule 8.866(a)(1), rule 8.868(e)(1), and rules 8.919(a)(1).)

The court clerk assigns a hearing date when the moving papers are accepted for filing.

A hearing date will be assigned when the moving papers are accepted for filing by the court clerk.

If no response was filed and the parties did not extend the response time, a default request should be submitted within 60 days after the response was due.

If no response has been filed, and the parties have not agreed on an extension of time to respond, a request to enter default should be submitted within sixty (60) days after the date the response was due;

After default is entered, a judgment should be submitted within 60 days.

When a default has been entered, a judgment should be submitted within sixty (60) days of the entry of default;

When active negotiation or mediation is reported, the parties must submit either a written settlement judgment within six months after filing the petition or a request for a trial date.

When the parties have notified the court that they are actively negotiating or mediating their case, a written agreement for judgment is submitted within six months of the date the petition was filed, or a request for trial date is submitted.

Any party or counsel may respond to the complaint within 10 days, and the court may extend that period for good cause.

Any party, counsel for any party, and counsel appointed to represent the minor child or children may respond to the complaint within 10 days. The court may extend this time upon a showing of good cause.

When an emergency order extends a civil or family law filing date, the assigned judicial officer may, for good cause and in the officer’s discretion, deem a document filed on an earlier date.

When the date of filing of any document in a civil or family law matter is extended by an order of the Judicial Council or the Presiding Judge of the Superior Court pursuant to Government Code section 68115, the assigned judicial officer may exercise his or her discretion as permitted by law to deem the document filed on an earlier date for good cause.

When a tentative ruling is issued, it must be posted by 4:00 PM on the day before the hearing.

The tentative ruling, if any, will be available at the court's website no later than 4:00 PM the day prior to the hearing.

Deadline

2 court days

Counsel are encouraged, but not required, to file requested jury instructions and verdict forms at least two court days before trial.

Counsel are encouraged to file requested jury instructions and verdict forms at least two court days before the date scheduled for trial.