Santa Clara Superior Court Filing Timing and Cure Windows

CRITICAL

Deadline

24 hours

Any written response to an ex parte application must be served on the moving party and filed with the Probate Document Examiner within 24 hours of the application's submission, unless the Court requests an expedited response.

Attorneys or self‐represented parties must serve on moving party and file with the Probate Document Examiner any written response to the ex parte application within 24 hours of the ex parte application’s submission to the Court, unless the Court requests an expedited response.

CRITICAL

Deadline

48 hours

A Request for Calendar Setting must be filed 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.

CRITICAL

Deadline

24 hours

Written responses to ex parte applications must be served and filed within 24 hours of submission unless the Court requests an expedited response.

Attorneys or self-represented parties must serve on moving party and file with the Court Specialist any written response to the ex parte application within 24 hours of the ex parte application's submission to the Court, unless the Court requests an expedited response.

CRITICAL

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.

CRITICAL

Deadline

15 calendar days

In felony cases, all pretrial motions must be heard not later than 15 calendar days before the trial date (or earlier if directed by Law & Motion, or later only 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.

CRITICAL

Deadline

30 calendar days

The last date for filing pretrial motions in felony cases is 30 calendar days before trial, unless the Supervising Judge – Criminal signs an order shortening time based on new case-specific factors.

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.

CRITICAL

Deadline

48 hours

Opposition to ex parte orders must be presented to the courtroom clerk within 48 hours of receipt of notice.

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.

CRITICAL

Deadline

90 calendar days

Motions must be filed within 90 calendar days after arraignment unless the court sets another date.

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

5 court days

MSC Statements must be filed no later than five court days before the Mandatory Settlement 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.

CRITICAL

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.

CRITICAL

Deadline

15 calendar days

If no objections are received within 15 days of mailing recommendations, the recommended order is submitted for Court approval.

If no endorsed, filed objections are received by FCS or the private evaluator within 15 calendar days from the date of mailing of the evaluation recommendations, the recommended order shall be submitted to the Court for review and signature.

CRITICAL

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.

CRITICAL

No offer can be accepted before the notice period in the notice of intention to sell expires.

No offer can be accepted prior to the expiration of the notice period specified in the notice of intention to sell.

CRITICAL

Deadline

10 calendar days

A request for a copy of the recording or its transcript must be made at the time of filing of the notice or within 10 calendar days thereafter.

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

30 calendar days

The trustee must file the trust, court order, and 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.

CRITICAL

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.

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.

CRITICAL

Deadline

4 court days

Motions or applications to seal must be filed at least four Court days before the hearing.

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.

CRITICAL

Deadline

15 calendar days

Motions and applications must be filed no later than 15 calendar days before the hearing date, unless a state rule or statute provides otherwise.

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. (See e.g. Code Civ. Pro., § 1005 requiring 16 court days for a Pitchess/Evid. Code section 1043 motion.)

CRITICAL

Deadline

4 court days

In uncontested matters, proposed orders must be submitted at least four court days before the 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.

CRITICAL

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

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

CRITICAL

Deadline

5 calendar days

In felony cases, in limine motions, witness lists, and the required Readiness brief must be filed 5 calendar days before the trial date.

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.

CRITICAL

The hearing on a habeas corpus petition must be set within four days of the petition filing date.

The hearing must be set no later than four days from the Petition filing date.

CRITICAL

Deadline

5 court days

Written responses must be filed no later than five 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.

CRITICAL

Deadline

3 court days

Notice of request to keep a record sealed must be filed at least three Court days before the first scheduled preliminary examination.

Notice of any request that record remain sealed shall be provided in accordance with section E and shall be filed and served on all parties who have appeared in the proceedings at least three Court days prior to the first date scheduled for the preliminary examination.

CRITICAL

The report of sale must be filed within one year of the last published date of the notice of intention to sell.

The report of sale must be filed within 1 year of the last published date of notice of intention to sell.

CRITICAL

A conservatee moved out of state must be returned to California within four months unless a conservatorship proceeding is commenced in the new residence.

Unless a longer period is otherwise specified by the Court, the conservatee must be returned to California within four months unless a conservatorship proceeding (or its equivalent) is commenced in the place of the new residence.

CRITICAL

Deadline

5 calendar days

Parties must contact evaluator within 5 days of filing objections to schedule a pre-CSC Meeting After Objections.

When objections are filed, the parties shall contact the evaluator within five calendar days of the filing of the objections to schedule a Meeting After Objections to discuss the objections before the CSC. The Meeting After Objections shall occur prior to the date of the CSC.

CRITICAL

Deadline

5 court days

A reserved hearing date is forfeited if the motion (including supporting memorandum and evidence) is not filed within five court days of the 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.

CRITICAL

Deadline

3 court days

DFCS must provide notice of any revised recommendations at least 3 court days before the settlement conference or trial, unless waived for good cause or by agreement of the parties.

If DFCS has changed any of its recommendations since it last provided the Court and parties with its recommendations, DFCS must provide the Court and the parties with notice of its revised recommendations no later than three (3) court days prior to the date of the judicially supervised settlement conference or trial. The Court may waive this notice requirement upon a showing of good cause or agreement of the parties.

CRITICAL

Deadline

10 court days

District Attorney must lodge two sets of copies of relevant juvenile court documents with the Court within 10 court days after service of the Petition.

If the District Attorney has informed a party in a criminal case that information relevant to that case may be found in a Juvenile Court record, and the District Attorney is served with a copy of a W & I Code Section 827 Petition filed by that party, then not later than ten (10) Court days after service of the Petition, the District Attorney must lodge two (2) sets of copies of the relevant documents from the Juvenile Court file with the Court, in the same manner as specified in Rule 1(J)(1)(c)(iii) above.

CRITICAL

Deadline

5 calendar days

In misdemeanor cases, in limine motions, witness lists, and the required Readiness brief must be filed 5 calendar days before the trial date, subject to case-specific factors reflected in the minutes.

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.

CRITICAL

The fiduciary must file a written explanation with the Court within 45 days of the order if the Receipt has not been filed.

If the Receipt has not been filed within 45 days of the order, the fiduciary must file a written explanation with the Court within 45 days of the order, stating the reason the Receipt has not been filed and when the fiduciary expects the Receipt to be filed.

CRITICAL

Parties may seek court approval for remote appearances by timely filing Form RA-010 and a blank FM-1201 15 days prior to the scheduled hearing.

Parties may seek court approval for remote appearances by timely filing Form RA-010 and a blank FM-1201 15 days prior to the scheduled hearing.

CRITICAL

Deadline

30 calendar days

In time-not-waived (TNW) trial cases, pretrial motions must be filed no later than 30 calendar days before the initial TNW trial date, absent an order shortening time.

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.

CRITICAL

Deadline

2 court days

Responses to a habeas corpus petition must be filed within two court days of service.

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

CRITICAL

Deadline

10 calendar days

Each party must file and serve a CSC Statement at least 10 days before the Custody Settlement Conference.

Each party shall file and serve a CSC Statement at least 10 calendar days before the CSC, clearly stating any remaining custody or visitation issues and any proposed alternative language.

CRITICAL

Conservator must file the level of care evaluation 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.

CRITICAL

Deadline

30 calendar days

A successor trustee must file the trust, court 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.

CRITICAL

Deadline

48 hours

Documents for FCS emergency screenings must be submitted at least 48 hours before screening and copied to opposing parties.

For FCS emergency screenings, any documents or other materials submitted to FCS must be provided no later than 48 hours in advance of the screening date and copied to opposing parties, including Minor’s Counsel if applicable.

CRITICAL

The trustee must file the trust, court order, and bond in a new probate file, and the filing should occur within 30 days after court approval.

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.

WARNINGCivil cases

Deadline

10 calendar days

The Court must set a review hearing within 94 calendar days of appointment; if no written objections are received within 10 calendar days before the hearing, no appearance is necessary.

The Court shall set a date not more than 94 calendar days after the appointment for a review hearing, at which time the Court will address any objections or concerns as to such estimated fees. If no written objections are received within 10 calendar days prior to the review hearing, no appearance is necessary.

WARNINGCivil cases

Deadline

94 calendar days

The Court will set a compliance review approximately 94 calendar days after appointment to confirm the Inventory and Appraisal and Notice have been filed and served.

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.

WARNINGCivil cases

Deadline

30 calendar days

The personal representative should file a petition for confirmation of sale within 30 days after acceptance of a contract.

A petition for confirmation of sale should be filed by the personal representative within 30 days after the date of acceptance of a contract.

WARNINGCivil cases

The first account and report must be calendared on the Friday calendar at 10:00 a.m. no later than 60 days after the first-year anniversary (and subsequent biennial anniversaries) of the appointment, unless waived.

At the time the Court appoints a conservator or guardian, and unless the court waives the requirement of the conservator or guardian to file periodic accountings with the Court, the court must set a compliance date for the conservator or guardian to file his or her first account and report, which must be on the Friday calendar at 10:00 a.m. no later than 60 days after the first year anniversary of the appointment of the conservator or guardian. If the conservator or guardian has filed the accounting, this will be a nonappearance matter. At the time the court hears an account and report, it must set a compliance date for the next account and report, which must be on the Friday calendar at 10:00 a.m. no later than 60 days after each subsequent biennial anniversary of the conservatorship or guardianship.

WARNING

Deadline

10 court days

The District Attorney must lodge two sets of copies of relevant Juvenile Court documents within ten Court days after service of the W & I Code Section 827 Petition.

and the District Attorney is served with a copy of a W & I Code Section 827 Petition filed by that party, then not later than ten (10) Court days after service of the Petition, the District Attorney must lodge two (2) sets of copies of the relevant documents from the Juvenile Court file with the Court, in the same manner as specified in Rule 1(J)(1)(c)(iii) above.

WARNINGCivil cases

The report of sale must be filed within one year of the last published date of the notice of intention to sell.

The report of sale must be filed within 1 year of the last published date of notice of intention to sell.

WARNINGCivil cases

No offer may be accepted before the notice period in the notice of intention to sell expires.

No offer can be accepted prior to the expiration of the notice period specified in the notice of intention to sell.

WARNINGCivil cases

The depository must file the Receipt within 15 days of the date of receipt. If the Receipt has not been filed within 45 days of the order, the fiduciary must file a written explanation with the Court stating the reason the Receipt has not been filed and when the fiduciary expects the Receipt to be filed.

The depository must file the Receipt within 15 days of the date of receipt. If the Receipt has not been filed within 45 days of the order, the fiduciary must file a written explanation with the Court stating the reason the Receipt has not been filed and when the fiduciary expects the Receipt to be filed.

WARNINGCivil cases

Parties must reserve hearing dates for probate calendar matters in the manner specified on the court website.

For all matters set on probate calendars, Parties are required to reserve a hearing date in the manner set forth on the Court’s website (www.scscourt.org).