Santa Clara Superior Court

All probate guardianship petitions must be filed at the courthouse at 191 North First Street, San Jose, CA 95113.

Probate Petitions for Guardianship of the Person of a Minor, Petitions for Guardianship of the Person and Estate of a Minor, and Petitions for Guardianship of the Estate of a Minor shall be filed at 191 North First Street, San Jose, CA 95113.

Page 1 | 1. Filing of Probate Guardianships

Initial restraining order requests and temporary restraining orders are filed at Family Court, while Orders After Hearing from Probate Court hearings are filed at the Probate Court Clerk's Office.

The initial restraining order request and any temporary restraining orders shall be filed at Family Court. Any Orders After Hearing that are a result of a hearing at the Probate Court will be filed at the Probate Court Clerk's Office.

Page 2 | 3. Location of Hearings on Restraining Orders where there is a pending Guardianship

All complex and provisionally complex actions are subject to the Court's Electronic Filing and Service Standing Order unless exempted by court order for good cause.

All actions classified as complex or provisionally complex are subject to the Court’s Electronic Filing and Service Standing Order, unless exempted by order of the Court for good cause. Further information is posted on the Court’s website at http://www.scscourt.org/forms_and_filing/efiling.shtml.

Page 9 | IV. GENERAL MATTERS

MANDATORY ELECTRONIC FILING AND SERVICE a. Refer to Rule 6 of the General Court and Administration Rules.

MANDATORY ELECTRONIC FILING AND SERVICE a. Refer to Rule 6 of the General Court and Administration Rules.

Page 1 | D. FORMAT OF DOCUMENTS SUBMITTED FOR FILING REQUIREMENTS

The Declaration and Application for Order must be submitted to the courtroom clerk in the Juvenile Department where the action would normally be heard, or eFiled per Rule 6.

The original Declaration and accompanying Application for Order must be submitted to the courtroom clerk in the Juvenile Department where the pending action would normally be heard or eFiled in accordance with Rule 6.

Page 2 | G. EX PARTE ORDERS

Documents may be filed electronically or in paper form at the Clerk's Office, subject to the exclusions described below.

Documents may be filed electronically or in paper form at the Clerk's Office consistent with Rule 6(C) and (D)(1) and (2) of the General Court and Administration Rules except as described below.

Page 8 | RULE 7 PLEADINGS AND FILING OF DOCUMENTS

Motions to set aside bail forfeitures, appeals of such denials, and documents filed conditionally under seal may not be filed electronically.

Any motion to set aside a bail forfeiture, any appeal of a denial of a motion to set aside a bail forfeiture, and any documents filed conditionally under seal may not be filed or submitted electronically.

Page 8 | RULE 7 PLEADINGS AND FILING OF DOCUMENTS

The original of any motion, pleading, or petition must be filed electronically or in the Criminal Court Clerk's office where the case is to be heard.

The party filing any motion, pleading, or petition, must file the original electronically or in the Criminal Court Clerk's office when the case is to be heard.

Page 9 | RULE 7 C(1)

Documents must be electronically filed using one of the court's approved electronic filing service providers.

Consistent with rule 6(C) of the General Court and Administration Rules, documents must be electronically filed with the court using one of the court's approved electronic filing service providers.

Page 9 | RULE 7 (3)

All limited and unlimited civil cases must be filed in the Downtown Superior Court.

All limited and unlimited civil cases must be filed in the Downtown Superior Court.

Page 11 | RULE 1 DIFFERENTIAL CIVIL CASE MANAGEMENT SYSTEM

The Judges ADR Program application must be e-filed and approved by the Civil Supervising Judge.

The application must be e-filed and approved by the Civil Supervising Judge.

Page 13 | RULE 3 JUDGES ADR PROGRAM - B. PROCEDURE (2)

Ex parte applications must be e-filed by counsel and parties with e-filing access; self-represented litigants may file in paper form via the DTS dropbox.

Ex parte applications must be electronically filed by counsel and any parties who have access to the court's e-filing system. Self-represented litigants may file ex parte applications in paper form by placing them in the dropbox at DTS.

Page 16 | RULE 7 C. ALL OTHER CIVIL EX PARTE APPLICATIONS

Certain ex parte applications (judgment by stipulation, stay of eviction) must be presented in person to the clerk's office, while all other ex parte applications must be submitted electronically.

Ex parte applications for judgment pursuant to stipulation and ex parte applications for stay of eviction must be presented in person to the clerk’s office. Ex parte applications for judgment pursuant to stipulation must be presented during the clerk’s office’s regular hours. Applications for stay of eviction may also be presented any time during the clerk’s office regular hours. Once presented, the applicant will be directed to the appropriate department. All other ex parte applications are to be submitted electronically.

Page 19 | RULE 13 UNLAWFUL DETAINER CASES

Bail forfeiture motions, appeals of their denial, and conditionally-under-seal documents may not be e-filed.

Any motion to set aside a bail forfeiture, any appeal of a denial of a motion to set aside a bail forfeiture, and any documents filed conditionally under seal may not be filed or submitted electronically.

Page 30 | RULE 7

The original of any motion, pleading, or petition must be filed either electronically or with the Criminal Court Clerk.

The party filing any motion, pleading, or petition, must file the original electronically or in the Criminal Court Clerk’s office when the case is to be heard.

Page 30 | RULE 7

Parties filing electronically must use one of the court's approved electronic filing service providers, with procedures available on the court's website.

Parties filing documents electronically must use one of the court's approved electronic filing service providers. Information concerning the approved electronic filing service providers, including the procedures for electronically filing documents with the court and for electronically serving documents, is available on the court's website at www.scscourt.org.

Page 110 | D. ELECTRONIC FILING AND SERVICE PROCEDURES THAT APPLY IN ALL CASES, INCLUDING CRIMINAL

Parties have 15 calendar days after the mailing of evaluation recommendations to file and serve written objections to the recommended order.

G. Objections: Any party shall have 15 calendar days after the date of mailing of the evaluation recommendations to file and serve written objections to the recommended order.

Page 5 | 12.G Objections

If no objections are filed within 15 calendar days of mailing, the recommended order must be submitted to the Court for review and signature.

(4) If no objections are filed within 15 calendar days from the date of the mailing of the evaluation recommendations, the recommended order shall be submitted to the Court for review and signature.

Page 6 | 12.G(4) Objections

If objections are not resolved, a Guardianship Settlement Conference must be set within 30 calendar days of the meeting with the evaluator.

A. If the parties are not able to resolve the objections in the meeting with the evaluator following the filing of the objections, a Guardianship Settlement Conference (GSC) shall be calendared with the Probate Court. The GSC shall be set within 30 calendar days of the meeting with the evaluator.

Page 6 | 13.A Guardianship Settlement Conference

No settlement conference statement is required for a GSC, but each party must file and serve a Statement of Issues at least 10 calendar days before the GSC.

C. Statement of Issues: No settlement conference statement shall be required for a GSC; however, each party shall file and serve a Statement of Issues at least 10 calendar days before the GSC.

Page 6 | 13.C Statement of Issues

Tentative rulings are posted online by 2:00 p.m. the day before the hearing; objections must be properly raised by 4:00 p.m. the day before the hearing or the tentative ruling automatically becomes the Court's order the next day.

Tentative rulings on motions of all types are posted online by 2:00 p.m. the day before the hearing, and, unless an objection is properly raised by 4:00 p.m. the day before the hearing, the ruling will automatically become the Court's order the next day.

Page 1 | Significant practice highlights (Introduction)

Each side must serve and lodge its Informal Discovery Conference brief two court days in advance of the IDC.

Each side must serve and lodge a short brief, limited to no more than 6 pages, two court days in advance of the IDC.

Page 11 | VI. DISCOVERY

The joint case management statement must be filed no later than five calendar days before each case management conference hearing.

Instead, the parties shall file a joint case management statement no later than five calendar days before the hearing for each conference

Page 15 | VIII. CASE MANAGEMENT CONFERENCE

Settlement Conference Statements must be filed at least five court days before the scheduled mandatory settlement conference.

Settlement Conference Statements must be filed at least five (5) court days before the scheduled conference (Rule 3.1380).

Page 17 | X. MANDATORY SETTLEMENT CONFERENCES (MSC)

Motions in limine and other trial-related preliminary motions (e.g., Evidence Code § 402) must be submitted in writing before answering ready, may be ruled on without hearing, and should be brief.

Motions in limine and other trial-related preliminary motions (such as Evidence Code § 402) must be submitted in writing before answering ready. Motions in limine may be ruled on by the Court without hearing. Such motions should be brief

Page 31 | 8. Jury Trials

Parties must file the Request for Appointment of Official Reporter Pro Tempore at least 5 days before the hearing unless the Court orders otherwise.

Parties retaining a reporter must file a Request for Appointment of Official Reporter Pro Tempore (CV-5100) with the court at least 5 days prior to the hearing, unless the Court orders otherwise.

Page 1 | POLICY

An opposing party must present written opposition to ex parte orders to the courtroom clerk within 48 hours of receiving notice, or may note opposition on the Application form.

An opposing party must present any written opposition to a request for ex parte orders to the courtroom clerk within forty eight (48) hours of receipt of notice or may have their opposition noted on the Application form.

Page 2 | G. EX PARTE ORDERS

When parental consent has not been obtained or the Court has retained the decision, the administering psychiatrist must approach the Court for authorization within two (2) Court days of administering psychotropic medication.

However, in all cases where consent from a parent or guardian has not been obtained or the Court has retained the right to make the decision, the administering psychiatrist must approach the Court as soon as possible but never more than two (2) Court days after administering the psychotropic medication, utilizing the procedure to obtain authorization set forth in CRC 5.640(c).

Page 8 | M. AUTHORIZATION FOR USE OF PSYCHOTROPIC DRUGS

The last date for filing pretrial motions is 30 calendar days before trial, unless the Supervising Judge signs an order shortening time.

The last date for filing pretrial motions will be 30 calendar days before the trial date, absent a request for an order shortening time providing case-specific factors not previously raised or considered, signed by the Supervising Judge – Criminal. (Cal. Rule of Court, rule 4.100(1)(B).) Motions will be filed with, and scheduling of hearing on the motion(s) will be done by, the Law and Motion department consistently with that department's calendaring protocol and Local Rule7(H).

Page 2 | RULE 4 HALL OF JUSTICE COURTHOUSE

All pretrial motions must be heard not later than 15 calendar days before trial, at the Law & Motion department's direction by the Readiness Conference, or at another time for good cause.

Absent case-specific factors dictating otherwise, all pretrial motions will be heard: (a) not later than 15 calendar days before the trial date, (b) at the direction of the Law & Motion department not later than the date of the Readiness Conference, or (c) at another time as directed by the court upon a showing of good cause. (Cal. Rule of Court, rule 4.112(b).)

Page 2 | RULE 4 HALL OF JUSTICE COURTHOUSE

In limine motions, witness lists, and Readiness briefs must be filed 5 calendar days before trial, with specified content requirements for prosecution and defense.

The date for filing in limine motions, witness lists, and a required Readiness brief, which date will be 5 calendar days before the trial date. (Cal. Rules of Court, rule 4.112(a); Pen. Code section 1204.5, subd. (b).) Readiness briefs must include, but need not be limited to: a. Prosecution: a statement of facts expected to be shown by the evidence; perceived factors in aggravation; factors in mitigation; criminal history information, including prior performance on probation and/or parole; other pending cases and their status; the history of prosecution settlement offers; the history of defense settlement proposals; any indicated sentences previously given by the court; whether collateral consequences have been considered; three strikes review, if pertinent; and consideration of substance abuse/mental health issues and treatment, if pertinent. b. Defense: any information about the accused or the case that the accused consents to a trial judge considering, and/or that the accused desires a judge who is not the trial judge to consider under Penal Code section 1204.5, or a statement that the accused chooses to defer providing such information without prejudice

Page 2 | RULE 4 HALL OF JUSTICE COURTHOUSE

Private emergency screening hearing must be set within 21 days; all required participants must be present by 3 p.m.

If a private emergency screening is ordered, the hearing will be set within 21 days or as soon thereafter as possible. On the date of the hearing, the screener, the parties, and the minor child/ren must be present at the courthouse by 3 p.m.

Page 44 | Rule 2(C)(7)

All papers and documents in dependency cases where Dependency Legal Services appeared must be served on Family Legal Advocates.

IT IS FURTHER ORDERED that, effectiveOctober1, 2008,all papersanddocuments in dependencycasesin which Dependency Legal Serviceshasappearedshall be servedon Family Legal Advocatesasfollows: Family Legal Advocates,3! North Second,Suite 335,San Jose,CA 95113

Page 1 | STANDING ORDER

All papers and documents in dependency cases where Associate Dependency Attorneys appeared must be served on Office of Dependency Counsel.

IT IS FURTHER ORDERED that, effective October1, 2008, all papersanddocuments in dependencycasesin which AssociateDependencyAttorneyshas appearedshall be servedon Office of DependencyCounselas follows: Office of DependencyCounsel,31 North Second, Suite 330, SanJose,CA 95113.

Page 2 | STANDING ORDER

All papers and documents in dependency cases where Preeti Mishra individually appeared must be served on Catherine Nguyen.

IT IS FURTHER ORDERED that, effective October 1,2008, all papers and documents in dependency casesin which Preeti Mishra, Esq., has individually appeared shall be served on Catherine Nguyen, Esq. as follows: Law Office of Catherine Nguyen, 31 North Second, Suite 325A, SanJose,CA 95113.

Page 2 | STANDING ORDER

Objections must be filed with a proof of service on all counsel or self-represented parties, and FCS or the private evaluator must be served with an endorsed filed copy shown on a proof of service.

(3) Objections shall be filed with the Court, along with a proof of service on all counsel or self-represented parties. FCS or the private evaluator must be served with an endorsed filed copy of the objections, which must also be shown on a proof of service.

Page 6 | 12.G(3) Objections

Plaintiffs must serve a copy of these Complex Civil Guidelines together with the summons and complaint.

PLAINTIFF MUST SERVE A COPY OF THESE GUIDELINES WITH THE SUMMONS AND COMPLAINT.

Page 3

Cross-complainants must serve these guidelines on any new parties and give notice of scheduled hearings and depositions at the time the cross-complaint is served.

Cross-complainants must serve a copy of these guidelines upon any new parties and give notice of any scheduled hearings and depositions at the time the cross-complaint is served.

Page 9 | IV. GENERAL MATTERS

Plaintiff must give notice of the first case management conference date (generally scheduled 120 days after filing) to all other parties.

The first case management conference is generally scheduled one hundred twenty (120) days after the action is filed. Plaintiff is required to give notice of this conference date to all other parties.

Page 15 | VIII. CASE MANAGEMENT CONFERENCE

Exhibits requiring time or equipment to observe (slides, transparencies, movies, videotapes, audiotapes) must be made available to opposing counsel for review before the court session in which they will be used, and proceedings will not be delayed if the review has not occurred.

Counsel seeking to display to the jury any exhibit which required time and equipment to observe, such as slides, transparencies, movies, videotapes and audiotapes, MUST make such exhibit available to opposing counsel for review prior to commencement of the session of court at which the exhibit will be used. Proceedings will not be delayed to permit such a review if the review has not occurred by the time court is scheduled to begin.

Page 29 | XIV. TRIAL EXHIBITS

Counsel must deliver opposing counsel a written specification of the deposition pages and lines proposed to be read for any purpose other than impeachment.

If counsel anticipates reading from the deposition transcript for any purpose other than impeachment, counsel must deliver to opposing counsel a written specification of the pages and lines proposed to be read.

Page 29 | XIV. TRIAL EXHIBITS

Counsel who requests a court reporter transcript must contemporaneously notify opposing counsel of the request and the precise portions to be transcribed.

If counsel requests any court reporter to prepare a transcript of any portion of the proceedings, counsel MUST contemporaneously advise opposing counsel of the request and of the precise portions that will be transcribed.

Page 31 | 7. Transcripts

Parties must exchange exhibits at the Pre-Trial Meet and Confer, excluding documents for bona fide impeachment.

Parties must exchange exhibits excluding documents for bona fide impeachment at the Pre-Trial Meet and Confer.

Page 35 | XII. TRIAL EXHIBITS

Counsel must submit original negotiable instruments to the Courtroom Clerk for cancellation under Rule 3.1806 unless otherwise ordered by the Court.

Counsel must submit to the Courtroom Clerk original negotiable instruments for cancellation pursuant to Rule 3.1806, unless otherwise ordered by the Court.

Page 35 | XII. TRIAL EXHIBITS

Before submitting ex parte orders for approval, the applicant must give notice and a copy of the application to all counsel, social workers, Probation, and unrepresented parents/guardians, or explain why notice was not given.

Before submitting ex parte orders to a judicial officer for approval, the applicant must give notice of, and a copy of the application for ex parte orders, to all counsel, social workers, the Probation Department, and parents and/or legal guardians who are not represented by counsel or explain the reason notice has not been given.

Page 2 | G. EX PARTE ORDERS

Responsive papers must be filed and served two (2) Court days before the hearing.

Any responsive papers must be filed and served two (2) Court days prior to the hearing.

Page 2 | F. PRE-HEARING DISCOVERY

Discovery motions must be served on all parties at least five (5) Court days before the hearing.

The motion must be served on all parties at least five (5) Court days before the hearing date.

Page 2 | F. PRE-HEARING DISCOVERY

The moving party must send a copy of the application to FCS.

A copy of the application must be sent to FCS by the moving party.

Page 80 | (3) W & I Code Section 329 Application

Jury fees of $150.00 must be posted in advance of a jury trial.

The amount of jury fees required to be posted in advance of a jury trial is $150.00. (See Code Civ. Proc., § 631, subd. (b).)

Page 25 | XIII. TRIALS - GENERALLY

Upon termination of a conservatorship, all claims filed by the Court Investigator's unit for its services, unless waived, must be paid before the Court will sign an order settling the final account.

Upon termination of a conservatorship, all claims filed by the Court Investigator's unit for its services, unless waived, must be paid before the Court will sign an order settling the final account.

Page 14 | Q. TERMINATION OF CONSERVATORSHIP

A bond must be posted before temporary letters of conservatorship of the estate can be issued when the temporary conservator will possess the conservatee's personal property.

When the temporary conservator will come into possession of personal property of the conservatee, bond as provided in Local Probate Rule 11A (1) must be posted before temporary letters of conservatorship of the estate can be issued.

Page 15 | T. TEMPORARY CONSERVATORSHIPS (5) LETTERS OF TEMPORARY CONSERVATORSHIP

FCS charges for evaluations; parties must submit deposits or fee waiver requests to FCS within five court days of the evaluation order.

FCS will charge for evaluations, unless a fee waiver is granted for a party. The parties must submit deposits or fee waiver requests to FCS within five court days of receipt of the Court's order to an evaluation.

Page 8 | CUSTODY EVALUATIONS AND BRIEF FOCUSED ASSESSMENTS (4)(h)

FCS charges fees for evaluations unless a fee waiver is granted; parties must submit deposits or fee waiver requests within 5 court days of receipt of the order.

F. Fees: Fees will be charged by FCS for evaluations, unless a fee waiver is granted. When the Court orders a custody/visitation evaluation through FCS, the parties shall submit deposits or fee waiver requests to FCS within 5 court days of receipt of the Court's order.

Page 5 | 12.F Fees

Effective March 12, 2019: 1. For cases in which the notices reflect an amount that is less than the actual amount due, the Court will accept the amount reflected on the notices as payment in full for the applicable violation(s). 2. For cases in which the notices reflect an amount that is more than the actual amount due, the Court will collect only the actual amount.

Effective March 12, 2019: 17 1. For cases in which the notices reflect an amount that is less than the actual amount 18 due, the Court will accept the amount reflected on the notices as payment in full for 19 the applicable violation(s). 20 2. For cases in which the notices reflect an amount that is more than the actual amount 21 due, the Court will collect only the actual amount

Page 1 | FEES DUE FOR TRAFFIC CITATIONS

Fees for a recording copy are collected at the time the request is submitted, and the requesting party is informed of the current cost.

Courthouse staff shall inform the requesting party of the current cost per recording and collect the fees at the time the request is submitted.

Page 11 | RULE 13 REQUEST FOR COPY/TRANSCRIPT OF ELECTRONIC SOUND RECORDING

FCS screening fees are charged unless a fee waiver is granted.

Fees shall be charged for any screening performed by FCS, unless a fee waiver is granted.

Page 44 | Rule 2(C)(7)

FCS staff appearance at trial/hearing may incur expert witness fees split evenly unless Court orders otherwise.

Any party may be assessed expert witness fees for the appearance of an FCS staff member at a trial or hearing. The parties shall pay the fees equally unless the Court orders otherwise.

Page 44 | Rule 2(D)(1)

Filing fees are due with ex parte motions.

All ex parte requests by attorneys must be submitted to the Court Specialist through e-filing with any filing fees due with the motion.

Page 47 | RULE 5 LAW AND MOTION - A. (2) SUBMISSION OF EX PARTE APPLICATIONS

Inability to pay e-filing fees is not undue hardship; eligible parties may request a fee waiver.

Undue hardship or significant prejudice does not include the inability to pay fees for electronic filing, as fee waivers may be requested if the party otherwise qualifies for or has been granted a fee waiver as provided in this Rule.

Page 108 | Rule 6 Electronic Filing

A standing order addresses fees due for traffic citations in Santa Clara County.

Standing Order Re: Fees Due For Traffic Citations (March 12, 2019)

Page 1 | Resolutions and General Orders

A petitioner requesting service by posting must submit a Request to Waive Court Fees (FW-001) unless one was approved within the last 4 months.

A Petitioner requesting service by posting must submit a Request to Waive Court Fees, Judicial Council Form FW-001, unless one has been approved in the last 4 months.

Page 3 | J. SERVICE OF SUMMONS BY PUBLICATION OR POSTING

A party who fails to notify FCS of a rescheduling request at least 48 hours before the mediation appointment will be assessed a fee.

If a party does not notify FCS of a request to reschedule at least 48 hours before the mediation appointment, that party will be assessed a fee to FCS.

Page 5 | B. MEDIATION PROCEDURE (1)

Fees are charged for any FCS screening unless a fee waiver is granted.

Fees shall be charged for any screening performed by FCS, unless a fee waiver is granted.

Page 9 | (7) EMERGENCY SCREENINGS

Emergency screenings by FCS carry fees, and any party may request a fee waiver from the Court.

Fees will be charged for emergency screenings by FCS. Any party may request a Fee Waiver from the Court regarding the fees charged for screenings.

Page 4 | 10. Emergency Screenings

Paper courtesy copies of documents electronically filed or lodged with the Court are prohibited unless the Court orders otherwise.

Unless otherwise ordered to do so, do not provide paper courtesy copies of documents electronically filed or lodged with the Court.

Page 9 | IV. GENERAL MATTERS

A courtesy copy of the notice of appeal must be served on the trial court judge who issued the order or judgment under appeal.

A courtesy copy of the notice of appeal must be separately served on the trial court judge who issued the order or judgment under appeal.

Page 1 | B. Notice of Appeal

A party filing a proposed statement on appeal (or a response) must separately serve the trial judge with a courtesy copy.

A party filing a proposed statement on appeal under CRC 8.837, 8.869, or 8.916, or any response thereto, must separately serve the trial judge who presided over the relevant proceedings with a courtesy copy of the proposed statement on appeal or response.

Page 3 | v

Parties filing applications or motions to use a proposed settled statement, or proposed settled statements or responses, must separately serve the trial judge with courtesy copies.

A party filing an application or motion, as applicable, to use a proposed settled statement on appeal under CRC 8.137, 8.346, or 8.407, or a proposed settled statement or any response thereto, must separately serve the trial judge who presided over the relevant proceedings with a courtesy copy of the application or motion, and the proposed settled statement, or response thereto.

Page 4 | B

A courtesy copy for the Law and Motion Department is required when filing a motion in paper form.

If filing a motion in paper form, a courtesy copy for the Law and Motion Department must be provided.

Page 9 | RULE 7 C(2)

Courtesy paper copies of specified trial documents must be delivered to the trial judge's department or Court Services by the Friday before trial.

the case settled at the Mandatory Settlement Conference or dismissed in full prior thereto, or unless otherwise ordered by the Court, the following items must be filed, with courtesy paper copies delivered to the department of the trial judge or with Court Services if no trial judge has yet been assigned, and served on all other parties by noon on the Friday before the date set for trial: (Effective 1/1/2026) (1) all in limine motions; (2) exhibit lists, except impeachment exhibits; (3) witness lists, except impeachment witnesses, and unusual scheduling problems; (4) jury instruction requests, except for instructions that cannot reasonably be anticipated prior to trial; (5) proposed special verdicts; (6) any stipulations on factual or legal issues; ===== PAGE 18 ===== 8 Santa Clara County Court Rules (7) a copy of the operative pleadings (complaint, cross-complaint(s), answer(s)); (8) a concise, non-argumentative statement of the case to be read to the jury in jury trials; (9) trial briefs (including an explanation of whether any causes of action have been dismissed or limited, as well as whether any parties have been dismissed); (10) trial exhibits may not be filed, but

Page 17 | RULE 9C

Paper-filed motions require a courtesy copy to Law and Motion; e-filed motions should provide an electronic courtesy copy.

If filing a motion in paper form, a courtesy copy for the Law and Motion Department must be provided. If filing a motion electronically, the filing party should provide an electronic courtesy copy to the Law and Motion department or other assigned judge.

Page 30 | RULE 7

Attachments exceeding the 10-page limit may be delivered as courtesy copies bound separately, with sequential page numbering, delivered to the Court (and all parties); copies are not filed and may be returned via a self-addressed stamped envelope.

In lieu of the limits above, courtesy copies of relevant prior filings or other attachments exceeding the 10-page limit may be submitted to the Court bound separately from the current filing to which they relate, with the same copies provided to all attorneys and self-represented parties. Each page of all such attachments must be numbered sequentially. Parties must deliver courtesy copies to the Court. Such photocopies will not be filed or marked as received by the Court. If the submitting party wishes to have such photocopies returned to the party, the submission must include a stamped, self-addressed envelope of sufficient size to return the photocopies.

Page 38 | H. FILING REQUIREMENTS

A party filing a proposed statement on appeal or a response must serve a courtesy copy on the trial judge who presided over the proceedings.

A party filing a proposed statement on appeal under CRC 8.837, 8.869, or 8.916, or any response thereto, must separately serve the trial judge who presided over the relevant proceedings with a courtesy copy of the proposed statement on appeal or response.

Page 117 | Proposed Statements on Appeal—Service on Trial Judge

A party filing an application/motion for a proposed settled statement must serve a courtesy copy on the trial judge.

A party filing an application or motion, as applicable, to use a proposed settled statement on appeal under CRC 8.137, 8.346, or 8.407, or a proposed settled statement or any response thereto, must separately serve the trial judge who presided over the relevant proceedings with a courtesy copy of the application or motion, and the proposed settled statement, or response thereto.

Page 118 | B. Proposed Settled Statement on Appeal—Service on Trial Judge

Courtesy paper copies of specified pretrial documents must be delivered to the trial judge's department (or Court Services) by noon on the Friday before trial.

Unless the case settled at the Mandatory Settlement Conference or dismissed in full prior thereto, or unless otherwise ordered by the Court, the following items must be filed, with courtesy paper copies delivered to the department of the trial judge or with Court Services if no trial judge has yet been assigned, and served on all other parties by noon on the Friday before the date set for trial:

Page 7 | RULE 9 C. SERVICE AND LODGING OF DOCUMENTS

Each party must bring two copies of the CSC Statement to the Child Support Conference.

Each party shall bring two copies of the CSC Statement to the CSC.

Page 9

Each party must bring 2 copies of the Statement of Issues to the GSC.

Each party shall bring 2 copies of the Statement of Issues to the GSC.

Page 6 | 13.C Statement of Issues

A courtesy copy of a formal discovery motion must be delivered to the Court before whom the matter is scheduled to be heard.

A courtesy copy must be delivered to the Court before whom the matter is scheduled to be heard.

Page 2 | F. PRE-HEARING DISCOVERY

Each party must bring two copies of the Post-Mediation Hearing Statement form to the PMH.

Each party must bring two copies of this form to the PMH.

Page 41 | CONTESTED CASES

Each party must bring two copies of the Judicial Custody Conference Statement form to the JCC.

Each party must bring two copies of this form to the JCC.

Page 42 | CONTESTED CASES

If a motion or application to seal is denied, the moving party must notify the Court that the materials will be filed unsealed or refrain from relying on the materials, which will not be part of the record.

Upon denial of a motion or application to seal, the moving party must notify the Court that the materials are to be filed unsealed (CRC Rule 2.551(b)(b)) or refrain from relying on the materials, which will not be part of the record.

Page 13 | VII. LAW AND MOTION

A motion or application to seal must be heard no later than any motion relying on the materials for which sealing is sought.

Motions or applications to seal must be heard no later than any motion relying on the materials for which sealing is sought.

Page 13 | VII. LAW AND MOTION

Petitions must include two copies of documents, one unredacted and one redacted, in a sealed envelope marked 'confidential'.

The Petition must include two copies of the Juvenile Court documents or records requested for release in a sealed envelope marked “confidential” with a notation that the copies are lodged for review by the Court in connection with the Petition. Of the two copies, one set must be the unredacted version of the original documents selected from the Juvenile Court file, unaltered in any fashion. The second set must be submitted with redaction of all content that is not relevant to the underlying action for which any document is sought, and redaction of all content that may be inappropriate for release.

Page 4

Juvenile file documents lodged in adult court must be placed under seal and/or in a confidential envelope within the court file.

Any document from this juvenile file that must be lodged in adult court will be placed under seal and/or a confidential envelope within the court file.

Page 5

Parties must redact personal data identifiers (e.g., social security and financial account numbers) from all filed documents; motions to seal may be filed electronically, but documents conditionally lodged under seal must be served and submitted in paper form.

Except as provided in California rules of Court, Rules 2.500 through 2.507, an electronically filed document is a public document when it is filed unless it is sealed under California Rules of Court, rule 2.551(b) or filed as a confidential document as provided by law. Unless the document is confidential and/or will be filed under seal, to protect personal privacy, parties must not include, or must redact where inclusion is necessary, the personal data identifiers from all documents, including any exhibits, filed with the court under this rule, such as social security numbers, and financial account numbers. A motion to file documents under seal may be filed and served electronically. But, documents lodged with the court conditionally under seal, as provided in California Rule of Court, rule 2.551(d), must be served and submitted to the clerk of the court in paper form, pending hearing on the motion to seal.

Page 9 | RULE 7 (a)

Records subject to a sealing motion are provisionally sealed while the motion is pending.

Records that are the subject of a motion or application to seal shall be provisionally sealed pending the determination of the motion to seal.

Page 13 | Rule 16 E(2)

A court may seal a record only after making express factual findings of an overriding interest, prejudicial risk, narrow tailoring, and absence of less restrictive means.

Pursuant to California Rules of Court, Rule 2.550(d), the Court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the records; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.

Page 13 | Rule 16 D

Except as provided in E(3), any motion or application to seal a record shall be filed with the Court at least four Court days prior to the time set for the hearing of the motion or application.

Except as provided in E(3), any motion or application to seal a record shall be filed with the Court at least four Court days prior to the time set for the hearing of the motion or application.

Page 13 | Rule 16 E(2)

In felony cases, sealed records are unsealed no later than completion of the preliminary examination unless a party requests continued sealing and the court makes the required findings.

In felony matters, if any record has been ordered sealed, the Court shall order that the record be unsealed no later than the completion of the preliminary examination unless a party to the proceedings requests that the record remain sealed and the Court makes express findings pursuant to Section D above.

Page 14 | Rule 16 G(2)

In misdemeanor cases, sealed records are unsealed at arraignment unless a party requests continued sealing and the court makes the required findings.

In misdemeanor matters, if any record has been ordered sealed, the Court shall order that the record be unsealed at the time of arraignment unless a party to the proceedings requests that the record remain sealed and the Court makes express findings pursuant to Section D above to permit the continued sealing of the record.

Page 14 | Rule 16 G(1)

De Facto Parents may receive only court-designated reports and materials, must retain them throughout the proceedings, use them only in the dependency context, and may not disseminate them further.

Henceforth, De Facto Parents are entitled to receive only those reports and materials from the legal file that the Court shall designate. Such materials shall be retained by the De Facto Parent throughout the dependency proceedings or until further order of the court. The materials shall be used by the De Facto Parent only in the context of the dependency proceedings and shall not be further disseminated.

Page 1 | Juvenile Dependency Court

Motions to seal may be e-filed, but conditionally-under-seal documents must be submitted in paper form pending resolution.

A motion to file documents under seal may be filed and served electronically. But, documents lodged with the court conditionally under seal, as provided in California Rule of Court, rule 2.551(d), must be served and submitted to the clerk of the court in paper form, pending hearing on the motion to seal.

Page 30 | RULE 7

A record may be sealed only upon express factual findings of an overriding interest, probability of prejudice, and narrow tailoring with no less restrictive means.

Pursuant to California Rules of Court, Rule 2.550(d), the Court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the records; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.

Page 34 | RULE 16 PROTOCOL FOR SEALING OF RECORDS-CRIMINAL DIVISION - D. EXPRESS FACTUAL FINDINGS REQUIRED TO SEAL RECORDS

Juvenile case file and child welfare agency records must be treated as confidential and filed under seal via a prior request; noncompliant pleadings will be stricken.

All documents obtained from any juvenile case file or from any child welfare agency must be treated as confidential by all parties and attorneys pursuant to WIC 827, 827.10, and Cal. Rules, Rule 5.552. Any party who seeks to file with or present to the Family Court any juvenile case file or child welfare agency document or record must first present a request to file such documents under seal pursuant to Cal. Rules, Rules 2.550 and 2.551. Any pleading filed with the Family Court which attaches, recites or quotes any juvenile case file or child welfare agency record without a prior request and order to file under seal will be stricken from the Family Court file.

Page 38 | H. FILING REQUIREMENTS

If confidential request is denied, clerk keeps unredacted petition in confidential file for 15 days; minor may seek ex parte hearing; after 15 days it moves to public file.

If the request for confidentiality is denied, the Clerk must file and provisionally maintain the unredacted Petition for Gun Violence Restraining Order (form GV-100) or Gun Violence Emergency Protective Order (EPO-002) and any attachments in a confidential case file for 15 days from the date of filing. During the 15-day period, the minor, the minor’s legal guardian, or the attorney for the minor may file an ex parte motion to schedule a closed hearing on shortened time to determine whether there are additional facts that would support granting the request for confidentiality. Unless the court grants the request for confidentiality after the hearing, the Clerk must remove the Petition from the confidential case file after the 15-day period has expired and place it in the public file.

Page 50 | SPECIAL PROCEDURES FOR GUN VIOLENCE RESTRAINING ORDERS INVOLVING MINORS

Granted confidentiality requires information to be kept in a confidential case file and not in the public file.

If the request for confidentiality is granted, except as provided in subdivision (4), the information regarding the minor must be maintained in a confidential case file and must not become part of the public file in the proceeding unless otherwise ordered by the court.

Page 50 | SPECIAL PROCEDURES FOR GUN VIOLENCE RESTRAINING ORDERS INVOLVING MINORS

Entire sets of written discovery documents may never be lodged with or received by the Court; only extracts are permitted.

In no case will entire sets of written discovery documents be lodged or received.

Page 37 | XIV. TRIAL EXHIBITS > b. Submission of Exhibits

Entire deposition transcripts may never be received by the Court; only pertinent provisions or extracts may be used.

In no case will an entire transcript be received.

Page 37 | XIV. TRIAL EXHIBITS > c. Use of Deposition Transcripts

Proposed orders may not be submitted with moving papers before a hearing on a regularly noticed motion, unless ordered by the Court or required by statute or Rule of Court.

Proposed orders may not be submitted with moving papers before a hearing on a regularly noticed motion unless ordered by the Court or required by applicable statute or Rule of Court (such as motions to be relieved as counsel, petitions for compromise of minors' claims, orders on objections to evidence in summary judgment motions, pro hac vice applications, applications for writs of attachment, etc.).

Page 16 | RULE 8 B. PROPOSED ORDERS AFTER HEARING

Attachments to the Settlement Conference Statement exceeding 20 pages should be lodged with the Court separately from the Statement and will be returned after the MSC.

If attachments to the Settlement Conference Statement collectively exceed twenty (20) pages, the attachments should be lodged with the Court separately from the Statement, and will be returned to the party at the conclusion of the MSC.

Page 56 | Mandatory Settlement Conference

All final approval issues must be heard at the same time; if settling parties file separate motions for fees, incentive awards, or expense reimbursements, those motions must be set to be heard concurrently.

With rare exceptions, the Court will expect all issues related to final approval to be heard at the same time, including, without limitation, (a) final approval of the settlement itself, (b) approval of any attorneys’ fees request, (c) approval of incentive awards to class representatives, and (d) approval of expense reimbursements and costs of administration. If the settling parties elect to file Rev, 9/30/24 ===== PAGE 6 ===== separate motions for any of these categories, separate reservations for hearings may be obtained, but the motions must be set

Page 6 | III. FINAL APPROVAL

Attachments to the Settlement Conference Statement exceeding 20 pages must be lodged separately from the Statement and are returned after the Mandatory Settlement Conference.

If attachments to the Settlement Conference Statement collectively exceed twenty (20) pages, the attachments should be lodged with the Court separately from the Statement, and will be returned to the party at the conclusion of the MSC.

Page 21 | Settlement Conference Statement

Discovery motions may not be filed until the parties have meaningfully met and conferred and met with the Court for an Informal Discovery Conference.

No discovery motions may be filed until the parties have meaningfully met and conferred AND met with the Court for an Informal Discovery Conference.

Page 1 | Significant practice highlights (Introduction)

Discovery meet and confer obligations require an actual conference between counsel, which may be in-person, telephonic, or videoconference.

Discovery meet and confer obligations require an actual conference (in-person, telephonic, or videoconference) between counsel.

Page 11 | VI. DISCOVERY

Counsel and/or parties with full authority to resolve the discovery issues must appear at the IDC unless excused by the Court.

Counsel and/or parties with full authority to resolve the discovery issue(s) must appear at the IDC unless excused by the Court.

Page 11 | VI. DISCOVERY

Ex parte applications are discouraged except in unusual situations, will be decided on the papers unless the Court orders otherwise, and require strict compliance with CRC Rules 3.1200-3.1207 and Local Rules.

Ex parte applications are discouraged except in unusual situations. All ex parte applications will be determined on the papers unless the Court orders otherwise. Strict compliance with CRC Rules 3.1200-3.1207 and the Court’s Local Rules is required.

Page 11 | V. EX PARTE APPLICATIONS

If meet and confer does not resolve the dispute, parties must hold an Informal Discovery Conference (IDC) with the Court before filing any discovery motion, unless otherwise authorized by the Court.

If a resolution is not reached, parties are required to have an Informal Discovery Conference (IDC) with the Court before filing any discovery motion, unless otherwise authorized by the Court.

Page 11 | VI. DISCOVERY

Before the hearing of any motion, petition, or application, all counsel and self-represented parties must meet and confer in good faith in an effort to eliminate the necessity of the hearing.

Before the hearing of any motion, petition or application, all counsel and parties representing themselves shall meet and confer in a good faith effort to eliminate the necessity of the hearing.

Page 13 | VII. LAW AND MOTION

A Readiness Conference is required on the court day before the Master Trial Calendar, with trial counsel required to appear and notify the court of trial readiness.

Except for cases assigned to one judge for all purposes, a Readiness Conference for cases on the Master Trial Calendar will be conducted on the court day immediately preceding the Master Trial Calendar or as designated by the Supervising Judge – Criminal. Privately retained counsel and a representative of the District Attorney, Public Defender, Alternate Defender, and Independent Defender are required to be present. For each case set on the Master Trial Calendar for the following Monday, trial counsel must notify the court of trial readiness at the Readiness Conference, including matters of attorney availability, compliance with Penal Code section 1054 and sections (A)(3) and (A)(4) of this rule (below), exhaustion of settlement negotiations between trial counsel, and preparedness to argue motions in limine and conduct jury selection without delay upon assignment to a trial department.

Page 2 | RULE 4 HALL OF JUSTICE COURTHOUSE

For Long Cause Preliminary Examinations, counsel must participate in a Readiness Conference on the court day immediately preceding the Master Trial Calendar and advise on readiness, requested continuances, remote testimony, interpreter needs, and a time estimate.

Counsel must be prepared to participate in a Readiness Conference on the court day immediately preceding the Master Trial Calendar or as designated by the Supervising Judge – Criminal. Counsel must advise whether each party will be ready to proceed, whether a continuance under Penal Code section 1050 will be sought and any objections thereto, whether there are requests for remote testimony and any objections thereto, and whether interpreters are needed. Each party must also provide an updated and accurate time estimate for the hearing.

Page 5 | Preliminary Examinations - Readiness Notice (Long Cause)

All cases must have a mandatory pretrial conference before being set for jury trial.

All cases shall have a mandatory and meaningful pretrial conference before being set for jury trial.

Page 8 | Rule 4(G) MISDEMEANOR DIVISION - Pretrial Calendars

To obtain a law and motion hearing date, the moving party must meet and confer on mutually agreeable dates, then follow the court website's civil law and motion procedure.

To obtain a law and motion hearing date in a case management department, the moving party must (a) meet and confer with the non-moving party or parties to identify mutually agreeable dates, and then (b) follow the procedure set forth on the civil law and motion section of the court's website at https://santaclara.courts.ca.gov.

Page 16 | RULE 8 A. SCHEDULING HEARINGS

Parties to attorney fee disputes must meet and confer at the outset of the dispute.

Parties to attorney fee disputes shall meet-and-confer at the outset of the dispute.

Page 104 | RULE 19 ATTORNEY FEE DISPUTES

Parties must be present at judicially supervised settlement conferences, or attorneys must have full settlement authority.

For all judicially supervised settlement conferences and long cause trials, parties are ordered present for the judicially supervised settlement conference or attorneys must have full settlement authority.

Page 1 | Judicially Supervised Settlement Conferences and Long Cause Trials

To reserve a hearing date, the moving party must meet and confer and follow the court's website procedure; only one date may be reserved per motion.

To obtain a law and motion hearing date in a case management department, the moving party must (a) meet and confer with the non-moving party or parties to identify mutually agreeable dates, and then (b) follow the procedure set forth on the civil law and motion section of the court’s website at https://santaclara.courts.ca.gov. Only one date may be reserved for any motion.

Page 6 | Rule 8(A)(2)

Motions in limine are not heard at the pre-trial conference.

The conference is not for the purpose of hearing motions in limine.

Page 19 | XII. PRE-TRIAL CONFERENCE

Counsel must meet and confer before each felony plea and misdemeanor pre-trial conference court appearance to discuss discovery, resolution proposals, collateral consequences, mitigation, and other case-disposition issues.

For felony plea and misdemeanor pre-trial conferences, counsel for the parties must meet and confer before each court appearance to discuss the exchange of discovery, proposals for early resolution, collateral consequences, mitigation materials, and any other issues that might impact case disposition.

Page 7 | Rule 4 - Pre-hearing Meet and Confer

Counsel must be prepared to participate in a Readiness Conference on the court day immediately preceding the Master Trial Calendar or as designated by the Supervising Judge – Criminal. Counsel must advise whether each party will be ready to proceed, whether a continuance under Penal Code section 1050 will be sought and any objections thereto, whether there are requests for remote testimony and any objections thereto, and whether interpreters are needed. Each party must also provide an updated and accurate time estimate for the hearing.

Counsel must be prepared to participate in a Readiness Conference on the court day immediately preceding the Master Trial Calendar or as designated by the Supervising Judge – Criminal. Counsel must advise whether each party will be ready to proceed, whether a continuance under Penal Code section 1050 will be sought and any objections thereto, whether there are requests for remote testimony and any objections thereto, and whether interpreters are needed. Each party must also provide an updated and accurate time estimate for the hearing.

Page 26 | D. Felony Plea, Early Resolution, and Preliminary Hearing Departments (2)(b) Readiness Notice - i. Long Cause Preliminary Examinations

Continuances of hearing or trial dates are discouraged and may be denied even with party agreement, and stipulations to continue must propose a future hearing date or timeframe.

Continuances of hearing or trial dates are discouraged and the Court may not in some circumstances grant a request for continuance even if the parties are in agreement. Stipulations to continue a hearing or trial date must include a suggested future hearing date or a suggested timeframe for a future hearing date and must include a proposed order with a blank line for the Court to fill in a new hearing or trial date.

Page 9 | IV. GENERAL MATTERS

Moving parties must notify the Court as soon as possible of any matter to be taken off calendar or continued and must provide notice of continuances of hearings.

Counsel for moving parties must notify the Court as soon as possible regarding any matter to be taken off calendar or continued. Notice of continuances of hearings must be provided by the moving party.

Page 13 | VII. LAW AND MOTION

Dates scheduled with the Court may not be continued by stipulation of the parties without the Court's consent.

After a date is scheduled with the Court, it may not be continued by stipulation of the parties without the Court's consent.

Page 17 | IX. CASE MANAGEMENT AND REFERENCE ORDERS

Motions to continue matters on the Master Trial Calendar must be heard by the Supervising Judge at or before the Readiness Conference.

All motions to continue matters set on the Master Trial Calendar are heard by the Supervising Judge – Criminal at or before the Readiness Conference.

Page 2 | RULE 4 HALL OF JUSTICE COURTHOUSE

A party intending to request a continuance or who cannot proceed must promptly inform all other counsel and then the court at least two court days before the hearing, absent unusual or exigent circumstances.

Except in unusual or exigent circumstances, any party intending to request a continuance or who cannot proceed in any matter set for hearing must promptly inform all other counsel and THEN inform the court assigned to hear the motion. This notification to the court must be at least two court days before the hearing.

Page 6 | E. FELONY LAW AND MOTION CALENDAR - Motions to Continue

Any party seeking a continuance or intending not to proceed must promptly inform all other counsel and then the court.

Any party seeking a continuance or intending not to proceed in any matter set for hearing shall promptly inform all other counsel and thereafter inform the court.

Page 8 | Rule 4(G) MISDEMEANOR DIVISION - Motions to Continue

Orders Shortening Time must be signed only by the hearing judge or designee, and the supporting declaration must set forth good cause and the facts concerning notice to and position of opposing counsel, co-counsel, and co-defendants' counsel.

Orders Shortening Time must be signed only by the judge hearing the motion or a designee. The declaration in support of the request for an Order Shortening Time must set forth good cause and must state the facts concerning notice to, and the position of, opposing counsel, co-counsel, and counsel for co-defendants.

Page 9 | RULE 7 F(1)

Notice of intent to request an ex parte Order Shortening Time must be given to all parties by 10:00 a.m. the court day before the ex parte appearance, absent exceptional circumstances.

Notice of 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.

Page 9 | RULE 7 F(2)

A request to file a motion past the last day to file must be accompanied by an affidavit stating good cause.

Any request to file a motion beyond a previously declared last day to file must be accompanied by an affidavit stating good cause for the motion to be filed past the deadline.

Page 9 | RULE 7 E

Advance notice must be given to opposing counsel, co-counsel, and co-defendants' counsel for any application involving ex parte relief, including an Order Shortening Time.

Except as otherwise provided by law, for any application involving ex parte relief, including a request for an Order Shortening Time, advance notice must be given to opposing counsel, co-counsel and counsel for co-defendants.

Page 10 | RULE 7 L(1)

Continuance seekers must promptly inform all other counsel and then the assigned court at least two court days before the hearing; in felony cases counsel must submit a calendar request to reset trial if needed.

Except in unusual or exigent circumstances, any party intending to request a continuance or who cannot proceed in any matter set for hearing must promptly inform all other counsel and THEN inform the court assigned to hear the motion. This notification to the court must be at least two court days before the hearing. It is counsel’s responsibility in felony cases to submit a calendar request to reset the trial date if continuing the motion will require a continuance of the trial date.

Page 27 | Criminal Rules - Motions to Continue

Parties seeking a continuance or not proceeding must promptly notify all counsel and then the court.

Any party seeking a continuance or intending not to proceed in any matter set for hearing shall promptly inform all other counsel and thereafter inform the court.

Page 29 | Misdemeanor Division

Extension of evaluation deadline requires written application with good cause, service on all parties, and a 10-day response period.

The time for completing the evaluation may be extended by the Court on the evaluator’s written application upon a showing of good cause. Any extension request must be served on all self-represented parties and attorneys. The Court will wait 10 calendar days before deciding any extension request, to allow parties the opportunity to respond. Any response must be submitted to the Court in writing with a proof of service on the opposing party or counsel, FCS, private evaluator.

Page 43 | Rule 2(C)(5)

Additional continuances require a written request to the APJ by 9:00 a.m. on the court day before the hearing, based on good cause.

No additional continuances will be granted except by a written request submitted to the APJ no later than 9:00 a.m. on the court day before the hearing, based on a showing of good cause.

Page 51 | G. CONTINUANCES (2) ADDITIONAL CONTINUANCES

One first continuance may be obtained by filing a signed stipulation or a signed letter confirming the other party's agreement, at least two court days before the hearing; this does not apply to restraining order hearings.

Before the first hearing date, if the moving papers have already been served and if the parties agree, one continuance may be obtained by filing at the Clerkʼs Office, at least two court days before the hearing, (1) a stipulation signed by both attorneys or self-represented parties; or (2) a letter signed by the requesting attorney or self-represented party confirming that the other party agrees to continue the hearing. This procedure for continuing the first hearing date does not apply to hearings on requests for domestic violence or other restraining orders.

Page 51 | G. CONTINUANCES (1) FIRST CONTINUANCE

Parties must telephonically notify the Court as soon as a settlement is agreed upon before a hearing or trial date.

In the event a case settles before a court hearing or trial date, parties must telephonically notify the Court as soon as the disposition is agreed upon

Page 9 | IV. GENERAL MATTERS

Counsel must clear a hearing date with all other parties before contacting the Complex Litigation Clerk, providing the case name, case number, hearing type, requested hearing date, and the filing attorney's name and telephone number, with online reservations possibly available through CourtSchedule.

Counsel must first clear the hearing date with the other parties before contacting the Complex Litigation Clerk. You must provide the Court with the name of the case, the case number, type of hearing, hearing date requested, and name and telephone number of the filing attorney. Online hearing date reservations may be available on the Court's website through CourtSchedule.

Page 13 | VII. LAW AND MOTION

Notices of omission must be emailed as courtesy copies to appealsclerks@scscourt.org with a specified subject line.

Courtesy copies of notices of omission must also be emailed to appealsclerks@scscourt.org with a subject line that reads “COURTESY COPY re [trial court case name & number & title of document]” with this information provided for reference.

Page 3 | vi

Notices of omission must also be emailed as courtesy copies to appealsclerks@scscourt.org with a specified subject line.

In addition to being filed, a notice of omission from the appellate record submitted under CRC 8.155(b), 8.340(b), or 8.410(a) must be brought to the attention of the Superior Court appeals unit by emailing a courtesy copy of the notice to appealsclerks@scscourt.org with a subject line that reads “COURTESY COPY re [trial court case name & number & title of document]” with this information provided for reference.

Page 4 | C

No proceeding may be photographed, recorded, or re-broadcast without prior written court order.

No proceeding may be photographed, recorded (audio or video), or re-broadcast by any person who is personally present or who is appearing, participating, or observing remotely without prior written order of the court. (Cal. Rules of Court, rule 1.150; Super. Ct. Santa Clara County, General Local Rules, rule 2.)

Page 1 | RULE 2 APPEARANCES

Each party must email the preliminary examination judges by 5 p.m. at least one court day before the hearing with readiness, PC 1050 continuance requests and objections, remote testimony requests and objections, interpreter needs, and an updated time estimate.

Each party must inform the preliminary examination judges via email by 5 p.m. at least one court day before the date set for the preliminary examination whether the party will be ready to proceed, whether a continuance under Penal Code section 1050 will be sought and any objections thereto, whether there are requests for remote testimony and any objections thereto, and whether interpreters are needed. Each party must also provide an updated and accurate time estimate for the hearing.

Page 27 | Family Violence Court - Preliminary Examination

Parties must notify the Court at the earliest opportunity of agreements to take hearings off calendar, and leave voicemail to the Courtroom Clerk and Duty Clerk by 9:00 a.m. the court day before the hearing with specified details.

Attorneys or self-represented parties shall notify the Court at the earliest opportunity of any agreement or request to take a hearing off calendar or if all issues to be considered at the hearing have been resolved. At least one of the parties or counsel must leave a voicemail message for the Courtroom Clerk that the hearing will be a “no-read” matter no later than 9:00 a.m. on the court day before the hearing. At the same time, a voicemail message must be left for the Duty Clerk at (408) 5345644, with the callerʼs name, the case name, number, hearing date and department, and reason for the message. If a message is left that the parties have agreed to continue the hearing, the parties should be prepared to proceed with the hearing if the Court does not agree to continue the matter.

Page 52 | I. MATTERS TAKEN OFF CALENDAR OR RESOLVED BEFORE HEARING (2)

After approval, parties must submit the JSSC Application and Order to the Family Court Settlement Officer via email, and counsel must confer and notify the officer of the agreed-upon date and time.

Once the application is approved the parties must submit the Application and Order to the Family Court Settlement Officer [JSSC@scscourt.org]. Counsel must confer and notify the Family Court Settlement Officer regarding the agreed-upon date and time.

Page 56 | Judicially Supervised Settlement Conference Program

Withdrawal of a motion must be immediately reported to the case management department by email or phone.

If any motion is withdrawn or to be taken off calendar for any reason, the parties must immediately notify the case management department of that withdrawal by email or telephone call to the department (in addition to notifying the clerk’s office).

Page 6 | Rule 8(C)

Withdrawal of an ex parte application must be immediately reported to the case management department by email or phone.

If the moving party decides to withdraw the ex parte application, they must immediately notify the case management department of the withdrawal by email or telephone call to the department (not the clerk’s office).

Page 6 | Rule 7(C)(8)

For cases in which a child is in out-of-home care pending a jurisdiction or disposition hearing and in which the court did not explicitly grant social worker discretion to return the child home pending jurisdiction or disposition, where no party objects to return, counsel shall contact the assigned judge via email to determine if a return to a parent pending the jurisdiction or disposition hearing is authorized.

For cases in which a child is in out-of-home care pending a jurisdiction or disposition hearing and in which the court did not explicitly grant social worker discretion to return the child home pending jurisdiction or disposition, where no party objects to return, counsel shall contact the assigned judge via email to determine if a return to a parent pending the jurisdiction or disposition hearing is authorized.

Page 2 | FOR GOOD CAUSE SHOWN, THE COURT FINDS AND ORDERS AS FOLLOWS:

The hearing date must be reserved through the Complex Litigation Clerk at (408) 882-5710 before filing; online reservations may be available through CourtSchedule.

The hearing date must be reserved through the Complex Litigation Clerk at (408) 882-5710 before filing. Doing so will ensure proper handling in the Court’s calendaring system and provide the mechanism for the issuance of a tentative ruling. Online hearing date reservations may be available on the Court’s website through CourtSchedule.

Page 1 | I. PRELIMINARY APPROVAL - A. NOTICED MOTION

Parties must leave voicemail messages for the Courtroom Clerk and Duty Clerk by 9:00 a.m. the court day before the hearing to notify of a no-read matter, including specified case information.

Attorneys or self-represented parties shall notify the Court at the earliest opportunity of any agreement or request to take a hearing off calendar or if all issues to be considered at the hearing have been resolved. At least one of the parties or counsel must leave a voicemail message for the Courtroom Clerk that the hearing will be a “no-read” matter no later than 9:00 a.m. on the court day before the hearing. At the same time, a voicemail message must be left for the Duty Clerk at (408) 5345644, with the callerʼs name, the case name, number, hearing date and department, and reason for the message. If a message is left that the parties have agreed to continue the hearing, the parties should be prepared to proceed with the hearing if the Court does not agree to continue the matter.

Page 17 | I. MATTERS TAKEN OFF CALENDAR OR RESOLVED BEFORE HEARING (2)

The SOC calendared by attorneys or self-represented parties must be set by agreement. Parties and attorneys may contact the Calendar Clerk at any time, but in no event later than 40 calendar days before the Mandatory Settlement Conference (MSC).

The SOC calendared by attorneys or self-represented parties must be set by agreement. Parties and attorneys may contact the Calendar Clerk at any time, but in no event later than 40 calendar days before the Mandatory Settlement Conference (MSC).

Page 19 | C. SETTLEMENT OFFICER CONFERENCE (SOC) AND CASE STATUS CONFERENCE

Rescheduling coordination for the JSSC must be handled through the Courtroom Clerk for the assigned Settlement Judge.

Any rescheduling coordination must be managed through the Courtroom Clerk for the assigned Settlement Judge.

Page 22 | H. JUDICIALLY SUPERVISED SETTLEMENT CONFERENCE PROGRAM (JSSC)

The Court strongly encourages parties and senior attorneys to allow junior lawyers to participate in all court proceedings, particularly in arguing motions the junior lawyer drafted or significantly contributed to.

The Court values the importance of the training of the next generation of trial lawyers, which must include substantive speaking opportunities in court. The Court strongly encourages the parties and senior attorneys to allow the participation of junior lawyers in all court proceedings, particularly in arguing motions where the junior lawyer drafted or contributed significantly to the motion or opposition.

Page 13 | VII. LAW AND MOTION

The Court strongly encourages senior attorneys to give junior lawyers an important role at trial, including examining witnesses.

The Court strongly encourages the parties and senior attorneys to permit junior lawyers to have an important role at trial, including the examination of witnesses.

Page 27 | XIII. TRIALS - GENERALLY