Santa Clara Superior Court Filing Timing and Cure Windows

CRITICALCriminal cases

Deadline

35 calendar days

For petitions filed by attorneys, the resentencing hearing must be set at least 35 days after filing.

On the Petition, the attorney shall set a date for the resentencing at 9:00 a.m. in Department 29(b) at the Hall of Justice or in such other department as designated by the Supervising Judge – Criminal on a date at least 35 days after the Petition is filed.

CRITICALCivil cases

The judge should include in the court order described above a further hearing date in Family Court in 40-60 days for the parents to present a copy of the signed voluntary or informal supervision agreement or proof that a community agency is involved with the family.

The judge should include in the court order described above a further hearing date in Family Court in 40-60 days for the parents to present a copy of the signed voluntary or informal supervision agreement or proof that a community agency is involved with the family.

CRITICALCriminal cases

Deadline

30 calendar days

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).

CRITICALCriminal cases

Deadline

15 calendar days

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).)

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).)

CRITICALCivil cases

Deadline

2 court days

Any response to the petition must be filed within two court days of service of the initial petition.

Any response to a Petition for Writ must be filed within two court days from the date of service of the initial Petition.

CRITICALCivil cases

Persons obtaining an ex parte temporary guardianship order must reserve a date for reconsideration within 30 days.

Persons obtaining an ex parte order must reserve a date for reconsideration within 30 days, pursuant to Probate Code section 2250(d).

CRITICALCriminal cases

Deadline

4 court days

A motion to seal must be filed at least four court days before the hearing on the motion.

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.

CRITICALCriminal cases

Deadline

5 calendar days

In all misdemeanor trial settings, the court sets a date 5 calendar days before trial for filing in limine motions, witness lists, and a required Readiness brief, subject to case-specific factors.

For all misdemeanor trial settings (time-waived and time-not-waived), the court will also set 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, subject to any case-specific factors, which factors will be reflected in the minutes. (Cal. Rules of Court, rule 4.112(a); Pen. Code § 1204.5 subd. (b).)

CRITICALCivil cases

Deadline

15 calendar days

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.

CRITICAL

Deadline

2 court days

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).

CRITICALCriminal cases

Deadline

90 calendar days

Unless another date is set at arraignment, the last day to file motions is 90 calendar days after arraignment.

Unless the court selects another date at arraignment, the last day to file motions is 90 calendar days after the date of arraignment.

CRITICAL

Deadline

48 hours

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.

CRITICALCivil cases

Set date and time for further hearing in Family Court within five days to receive a status report from CPS describing what action has been taken.

Set date and time for further hearing in Family Court within five days to receive a status report from CPS describing what action has been taken.

CRITICALCivil cases

The Inventory and Appraisal and Notice of How to File an Objection must be filed and served within 90 days of appointment.

The Inventory and Appraisal and the Notice of How to File an Objection must be filed and served within 90 days of appointment pursuant to Probate Code § 2610.

CRITICALCivil cases

The level of care evaluation must be filed by the conservator within 60 days of appointment.

An evaluation of level of care of the conservatee in compliance with Probate Code § 2352.5 shall be filed by the conservator within 60 days of appointment.

CRITICALCivil cases

Deadline

4 court days

In uncontested matters, a proposed order must be submitted at least four court days before the scheduled hearing, or the matter may be ordered off calendar.

In all matters where no objections are on file, a petitioning party must submit a proposed order at least four court days in advance of the scheduled hearing date or the matter may be ordered off calendar.

CRITICALCivil cases

Within 60 days of appointment, the private professional conservator must file a plan of estimated fees for the first year and serve it, with hearing notice and objection deadline, on all persons entitled to notice, the Court Investigator, and special-notice requesters.

Within 60 days from the date of the appointment, the private professional conservator shall file with the Court a plan of estimated fees of the private professional conservator, his or her staff, and his or her counsel, to cover the first year of the conservatorship, which includes the conservatee’s anticipated annual income and expenses to the extent they can be ascertained, at that time and serve a copy of the plan of estimated fees, along with notification of the date and time of the review hearing, and the time in which to file objections or concerns as to the estimated fees, on all persons entitled to notice of the original petition under Probate Code § 1822, the Court Investigator, and any persons who have requested special notice.

CRITICALCivil cases

The Inventory and Appraisal and Notice of How to File an Objection must be filed and served within 90 days of appointment, with a compliance review set at approximately 94 calendar days.

The Inventory and Appraisal and the Notice of How to File an Objection must be filed and served within 90 days of appointment pursuant to Probate Code § 2610. At the time of appointment, the Court will set a compliance review approximately 94 calendar days after the appointment to confirm that the Inventory and Appraisal and Notice of How to File an Objection have been filed and served.

CRITICALCivil cases

Deadline

30 calendar days

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.

CRITICALCriminal cases

Deadline

30 calendar days

In time-not-waived (TNW) trial cases, the last date to file pretrial motions is 30 calendar days before the initial TNW trial date unless an order shortening time is signed by the Supervising Judge – Criminal.

For trial cases set time-not-waived (TNW), the last date to file pretrial motions is 30 calendar days before the initial TNW trial date set, absent an order shortening time signed by the Supervising Judge – Criminal.

CRITICALCivil cases

A successor trustee must file the trust, approving order, and bond in a new probate file within 30 days after court approval of the appointment.

the trustee must file the trust, the court order approving the trust, and the bond, in a new file with a probate file number, and the filing should take place within 30 days after court approval of the appointment of the successor trustee, as the case may be.

CRITICALCriminal cases

Failure to comply with filing deadlines is grounds for the court to refuse to consider late-filed papers.

Failure of the moving or responding party to comply with these filing deadlines is sufficient grounds for the court to refuse to consider the matters contained in late-filed papers.

CRITICALCivil cases

Deadline

10 calendar days

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.

CRITICALCriminal cases

Deadline

15 calendar days

All motions and applications with supporting papers must be filed electronically or with the Criminal Court clerk no later than 15 calendar days before the hearing date, except where inconsistent with a state rule of court or statute.

All motions and applications, together with supporting papers, documents and points and authorities, must be filed electronically or with the Criminal Court clerk in the appropriate courthouse no later than 15 calendar days before the date set for hearing. This requirement applies except where inconsistent with a state rule of court or statute.

CRITICALCriminal cases

Deadline

5 court days

Written responses must be filed no later than five court days before the hearing, and the reply must be filed two court days before the hearing.

All written responses, together with supporting papers, documents and points and authorities, must be filed with the Criminal Court clerk no later than five court days before the date set for hearing. The reply must be filed two court days prior to the date set for the hearing.

CRITICALCivil cases

The trustee must file the trust, approving court order, and trustee's bond in a new probate file within 30 days after court approval of the trust.

the trustee must file the trust, the court order approving establishment of the trust, and the trustee’s bond, if applicable, in a new file with a probate file number, and the filing should take place within 30 days after court approval of the trust.

CRITICALCivil cases

Deadline

15 calendar days

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.

CRITICALCriminal cases

Deadline

5 calendar days

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

CRITICALCriminal cases

Deadline

48 hours

Parties must file a Request for Calendar Setting, signed by the presiding judicial officer, with the Clerk's Office at least 48 hours before the requested court date.

A party who wishes to add a case to a calendar must file a Request for Calendar Setting (form CR-6008) signed by the judicial officer presiding over that calendar, or in their absence another judicial officer, with the Clerk’s Office at least 48 hours before the requested court date.

CRITICALCriminal cases

Deadline

10 calendar days

Counsel or an unrepresented party must advise the court in writing, at filing or within 10 calendar days, if a copy of the recording or transcript is requested, directed to the clerk where the appeal/petition/notice is filed.

At the time of filing of a Notice of Appeal, Notice of Petition for Writ or Notice of Motion, or within 10 calendar days of the filing of such notice, counsel for the appellant, petitioner or moving party (or by the party if unrepresented by counsel), shall advise the court if there is a request for a copy of the recording or its transcript. Such request shall be made in writing to the clerk at the courthouse in which the appeal/petition/notice is filed.

CRITICAL

Deadline

15 calendar days

Written objections with proof of service must be received by FCS within 15 calendar days of the mailing of the mediated agreement, or the agreement will be submitted to the Court.

If FCS receives no written objections with proof of service within 15 calendar days from the date of the mailing of the mediated agreement, the agreement will be submitted to the Court for review and signature.

CRITICALCivil cases

Deadline

5 court days

A reserved hearing date is forfeited if the motion is not filed within five court days of reservation.

Unless a rule or statute otherwise requires, any reserved date for which a motion (including the supporting memorandum and evidence) is not filed within five court days of the reservation will be forfeited and returned to the pool of available hearing dates.

CRITICALCivil cases

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

CRITICAL

Deadline

15 calendar days

Any party has 15 calendar days after the date of mailing of the evaluation recommendations to object.

Any party will have 15 calendar days after the date of mailing of the evaluation recommendations to object to the recommendations

CRITICAL

Deadline

48 hours

If the requesting party fails to submit the good cause declaration or give notice within 48 hours, the Request for Order will be filed and set for hearing without an order shortening time.

Any party who does not provide a notice will be required to give notice before the request will be submitted to the APJ for consideration of the temporary orders. If the requesting party does not submit the required declaration of good cause or does not give notice within 48 hours of submitting the request for temporary orders, the Request for Order will be filed by the Court Specialist and set for hearing on the law and motion calendar without an order shortening time.

CRITICALCivil cases

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.

CRITICALCivil cases

Deadline

5 court days

Each party must file its Mandatory Settlement Conference Statement no later than five court days before the conference.

No later than five court days before the date set for the Mandatory Settlement Conference, each party must file with the court and serve on each party a Mandatory Settlement Conference Statement not to exceed five pages, excluding exhibits.

CRITICALCivil cases

The signed ADR Stipulation and Order Form must be filed within 10 days of all parties, counsel, and the neutral signing it.

The signed ADR Stipulation and Order Form must be filed within 10 days of all parties, counsel, and the neutral signing the form.

CRITICALCivil cases

Deadline

20 court days

If no neutral is chosen at the original stipulation, plaintiff's counsel must submit an amended ADR Stipulation and Order Form with the neutral's name and signature within 20 court days of the original stipulation.

If the parties agree to use the Civil Early Settlement Conference Program but do not choose a neutral at the time of the original stipulation, plaintiff's counsel must submit an amended ADR Stipulation and Order Form including the neutral's name and signature within 20 court days of the original stipulation.

CRITICALCivil cases

The filing required by CRC 3.1548(d) must take place no later than five days before the pretrial conference.

The service of the supplemental exchange required by CRC 3.1548(c), the filing required by CRC 3.1548(d), and the exchange of items required by CRC 3.1551(b), must take place no later than five days before the pretrial conference.

CRITICALCivil cases

A request for remote-appearance approval must be made at least 15 days before the hearing, and all parties must receive notice.

Your request must be made at least 15 days prior to your hearing and you must provide notice to all parties.

CRITICALCivil cases

Deadline

5 calendar days

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

CRITICALCivil cases

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).

CRITICAL

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.

CRITICAL

Persons obtaining an ex parte temporary guardianship order must reserve a reconsideration date within 30 days.

Persons obtaining an ex parte order must reserve a date for reconsideration within 30 days, pursuant to Probate Code section 2250(d).

CRITICAL

Supervisors must annually submit updated forms by January 15th.

Professional visitation and professional exchange supervisors must thereafter complete and submit annually an updated Judicial Council Form FL-324(P), Declaration of Supervised Visitation Provider (Professional), and an updated Initial and Annual Renewal Application and Change Request Form (see attached form FM-1179) to Family Court Services no later than January 15th of each year to remain on the Supervised Visitation and Supervised Exchange Provider List.

CRITICAL

Deadline

60 calendar days

The private professional conservator must file a plan of estimated fees with the Court within 60 days of appointment.

Within 60 days from the date of the appointment, the private professional conservator shall file with the Court a plan of estimated fees of the private professional conservator, his or her staff, and his or her counsel, to cover the first year of the conservatorship, which includes the conservatee's anticipated annual income and expenses to the extent they can be ascertained, at that time

CRITICAL

The fiduciary must file a Receipt for the blocked account, signed by an officer of the financial institution, within 15 days of deposit.

It is the responsibility of the fiduciary to file a Receipt for the blocked account, signed by an officer of the financial institution accepting the deposit, within 15 days of the date of deposit.

CRITICAL

Deadline

2 court days

The reply must be filed no later than two court days before the hearing.

The reply must be filed two court days prior to the date set for the hearing.

CRITICAL

Mailing does not extend the time limits for filing required documents.

The time limits in this Rule include the time for mailing and shall not be extended by the mailing of any required documents.