Court Rules
Common questions about San Mateo Superior Court rules

Are courtesy copies required in San Mateo Superior Court?

Courtesy-copy rule applies for ex parte applications, ex parte oppositions, and ex parte filings. Details: by email. A courtesy copy of every ex parte filing must be emailed to the assigned judge's department or provided in hard copy at the hearing.

View ruleSource: page 72, section Rule 3.500 Ex Parte Applications in General Civil

Does San Mateo Superior Court require a pre-motion conference or letter before filing a motion?

San Mateo Superior Court rules set a pre-motion procedure for discovery. Counsel must obtain opposing counsel’s written consent before requesting an Informal Discovery Conference from the Court.

View ruleSource: page 74, section Rule 3.700(e) — Tolling of Deadline to File Motion

What page or word limits apply to brief in San Mateo Superior Court?

San Mateo Superior Court's rule states these limits: 6800 words. Excludes table of contents and table of authorities. Appellate briefs are limited to 6,800 words absent prior Appellate Division approval; tables of contents and authorities are excluded, while footnotes count toward the limit.

View ruleSource: page 44, section Div I – Appellate Division Rules — Briefs — Length

What page or word limits apply to discovery dispute summary in San Mateo Superior Court?

San Mateo Superior Court's rule states these limits: 5 pages. The electronic letter summarizing the discovery dispute may not exceed five pages.

View ruleSource: page 74, section Rule 3.700(f)(i) — Email Correspondence Detailing Discovery Dispute

What formatting rules apply to filings in San Mateo Superior Court?

San Mateo Superior Court's formatting rule includes 1.5 spacing and the one-and-a-half-spacing requirement does not apply to footnotes or block quotations.. Except for footnotes and block quotations, text lines in appellate briefs must be spaced at least one and one-half lines.

View ruleSource: page 44, section Div I – Appellate Division Rules — Briefs — Content and Format

What must be included with short cause trial preparation filings in San Mateo Superior Court?

The rule identifies required filing content or certificates. Counsel must meet and confer in person or by telephone at least seven calendar days before trial, and noncompliance may result in monetary sanctions.

View ruleSource: page 165, section Division V - Family Law Department and Family Court Services

What must be included with family court services recommendation filings in San Mateo Superior Court?

The rule identifies required filing content or certificates. When custody or visitation is at issue, the parties must meet with Family Court Services early enough for a recommendation to be prepared and filed at least five calendar days before trial.

View ruleSource: page 166, section Division V - Family Law Department and Family Court Services

How may parties contact San Mateo Superior Court?

The rule addresses email communications. Requests for an Informal Discovery Conference must be sent by email to the Family Law Commissioner and contemporaneously copied to all parties and self-represented parties.

View ruleSource: page 153, section Division V - Rules - 503 - Rule 5.4(e)(i)

How does San Mateo Superior Court handle sealed or redacted filings?

San Mateo Superior Court rules set procedures for sealed or redacted filings. The Guardianship Declaration and Confidential Guardian Screening Form remain confidential unless the court orders otherwise, while the other guardianship documents become part of the public record.

View ruleSource: page 122, section Rule 4.77.1 Petition for General Guardianship

How do I request an adjournment or extension in San Mateo Superior Court?

Requests should be made at least 24 hours in advance when this rule applies in San Mateo Superior Court. A stipulated short-cause continuance may be requested by phone with 24 hours’ notice or in open court; no more than one may be granted without a court order and good cause, and a case not ready on the continued date may be removed from calendar absent good cause.

View ruleSource: page 165, section Division V - Family Law Department and Family Court Services

Are filing fees or waivers addressed in San Mateo Superior Court?

A fee is required for covered filings. Transcript preparation begins after the reporter receives a notice of appeal and the appellant deposits $325.00 for each half day or $650.00 for each full day of trial included in the transcript.

View ruleSource: page 36, section Rule 0.5 Civil Appeals Fees

Is electronic filing required in San Mateo Superior Court?

Yes. Electronic filing is required for the covered filings. Documents may not be transmitted directly to the Court and must be electronically filed through an authorized Electronic Filing Service Provider.

View ruleSource: page 51, section Rule 2.1.5

When is a filing treated as filed in San Mateo Superior Court?

The rule addresses filing timing, filing status, or cure windows. The parties must wait for transmission of the appellate record and the Appellate Division’s notice, then file briefs within the periods specified in CRC rule 8.882(a).

View ruleSource: page 44, section Div I – Appellate Division Rules — Briefs — Time for Filing

What service or proof of service rules apply in San Mateo Superior Court?

The rule addresses service method, recipient, or timing requirements. Fax service must comply with California Rules of Court rule 2.306.

View ruleSource: page 36, section Rule 0.8 Contents of Proof of Service
Complete rules summary for San Mateo Superior Court

The court may permit proposed jury instructions to be sent into the jury room in Booklet Form.

A court-created special needs trust will ordinarily provide for appointment of a successor trustee subject to court approval.

Requests for an Informal Discovery Conference must be sent by email to the Family Law Commissioner and contemporaneously copied to all parties and self-represented parties.

A stipulated short-cause continuance may be requested by phone with 24 hours’ notice or in open court; no more than one may be granted without a court order and good cause, and a case not ready on the continued date may be removed from calendar absent good cause.

When a case is assigned to a temporary judge, litigants are asked to sign a consent stipulation; without consent, the case must be reassigned that day or continued.

Counsel must meet and confer in person or by telephone at least seven calendar days before trial, and noncompliance may result in monetary sanctions.

When custody or visitation is at issue, the parties must meet with Family Court Services early enough for a recommendation to be prepared and filed at least five calendar days before trial.

Counsel must prepare a short-cause trial statement and, when financial matters are at issue, an income-and-expense declaration.

Preparing and filing a Mandatory Settlement Conference statement satisfies the short-cause-statement requirement.

The original short-cause documents and any income-and-expense declaration must be filed with the family-law clerk, with copies served on the opposing party, no later than five calendar days before the earlier of the Mandatory Settlement Conference or trial date.

A fee-waiver recipient seeking a verbatim trial record must notify the court in writing by filing Judicial Council Form FW-020.

A petition for relief not provided by statute must state the specific nature of the relief sought.

Fax service must comply with California Rules of Court rule 2.306.

Transcript preparation begins after the reporter receives a notice of appeal and the appellant deposits $325.00 for each half day or $650.00 for each full day of trial included in the transcript.

A proof of service for mail service must use the language prescribed by Code of Civil Procedure section 1013(a).

For personal service, the person who actually accomplished service must sign the declaration of service.

A declaration that merely states that the declarant caused papers to be served through a messenger is inadequate proof of service.

An unopposed motion accompanied by defective proof of service may be continued, placed off calendar, or denied.

The proof of service must show service on every party who has appeared in the action, not merely the party to whom the motion is directed.

Filing fees required by Government Code § 70621 must be paid in the trial court.

Qualifying litigants may seek a filing-fee waiver, and the fee, waiver order, or waiver application must be filed in the trial court with the notice of appeal or within 15 days afterward.

Supersedeas petitions and oppositions must be served under the cited rules, and supersedeas petitions must include proof of service when filed.

A request for a temporary stay may be included in the supersedeas petition or filed separately with notice to the respondent.

Stay-order applications must be filed with the Appellate Division clerk and served on opposing counsel under LCR Rule 1.8.

Applications for appointed counsel must be filed under LCR 1.8, need not be served on other parties, and are decided without a hearing.

An appellant must arrange payment of the required clerk’s-transcript preparation fees within ten days after receiving notice of the estimated cost.

The trial court clerk prepares the clerk’s transcript upon filing of a notice of appeal without a written request or fee from the appellant.

The court electronically transmits the completed clerk’s transcript by PDF or document link and does not produce a paper copy.

An appellant choosing a reporter’s transcript must timely file the election and deposit the estimated preparation cost unless payment is waived by law or court order.

Reporter’s transcript fee applications are filed with the trial court clerk and, if denied, may be renewed in the Appellate Division under LCR Rule 1.8 without a hearing.

More Judges in San Mateo Superior Court

David A. Silberman
Judge
Mark A. McCannon
Judge
Michael L. Mau
Judge
Nancy L. Fineman
Judge
Nicole S. Healy
Judge
Timothy E. Elliott
Judge