Santa Clara Superior Court Filing Timing and Cure Windows

WARNINGCivil cases

Deadline

20 calendar days

If the following conditions are met: (a) There are no objections to the plan of estimated fees; or (b) If objections to such plan were, in the opinion of the Court, adequately addressed; and, (c) Objections as to the fee's appropriateness are not made as to a monthly statement within 20 calendar days following that statement's mailing, forty (40%) percent of the monthly statement is immediately payable by the conservatee's estate to the private professional for said uncontested monthly billing statement without further petition at that time, other than the review by the Court upon the next succeeding account of the conservator, pursuant to Probate Code § 2643 (c), that such monthly "on account" payments were for services actually rendered, and were not unreasonable.

If the following conditions are met: (a) There are no objections to the plan of estimated fees; or (b) If objections to such plan were, in the opinion of the Court, adequately addressed; and, (c) Objections as to the fee’s appropriateness are not made as to a monthly statement within 20 calendar days following that statement’s mailing, forty (40%) percent of the monthly statement is immediately payable by the conservatee’s estate to the private professional for said uncontested monthly billing statement without further petition at that time, other than the review by the Court upon the next succeeding account of the conservator, pursuant to Probate Code § 2643 (c), that such monthly “on account” payments were for services actually rendered, and were not unreasonable.

WARNINGCivil cases

The hearing must be scheduled no later than four days after the petition filing date.

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

WARNINGCivil cases

Deadline

64 calendar days

The Court will set a compliance review approximately 64 calendar days after appointment to confirm the evaluation has been filed.

At the time of appointment, the Court will issue an order requiring the conservator to file the evaluation and set a compliance review approximately 64 calendar days after the appointment to confirm that the evaluation has been filed.

WARNINGCivil cases

Deadline

10 court days

The compliance status report must be filed at least 10 court days before the compliance hearing.

The compliance status report must generally be filed at least 10 court days prior to the compliance hearing.

WARNINGCivil cases

Deadline

24 hours

Petitions for letters of special administration ordinarily will not be granted on less than 24 hours' notice to the surviving spouse or registered domestic partner, to the nominated personal representative, or to any other person who, in the opinion of the Court, appears to be entitled to notice.

Petitions for letters of special administration ordinarily will not be granted on less than 24 hours' notice to the surviving spouse or registered domestic partner, to the nominated personal representative, or to any other person who, in the opinion of the Court, appears to be entitled to notice.

WARNINGCivil cases

The fiduciary must file the Receipt for the blocked account within 15 days of deposit; if not filed within 45 days of the order, a written explanation must be filed within 45 days of the order.

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. 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.

WARNING

Deadline

10 calendar days

For partial mediation agreements with timely objections, the mediator may schedule a return mediation, or the parties may agree to return; if they agree, each party must contact FCS within 10 calendar days of the mailing of the objections.

If the parties reached only a partial agreement in mediation and a party served timely written objections, the mediator may choose to schedule a return mediation, or the parties may return to mediation by agreement. If the parties agree, each party shall contact FCS within 10 calendar days from the mailing of the objections to schedule the return mediation.

WARNING

Deadline

10 calendar days

After timely objections to a full mediation agreement, each party must contact FCS within 10 calendar days of the mailing of the objections to schedule a return mediation.

If the parties reached a full agreement in mediation but a party served timely written objections, the parties shall return to mediation to attempt to resolve any outstanding disputes. Each party shall contact FCS within 10 calendar days from the mailing of the objections to schedule the return mediation.

WARNING

Deadline

21 calendar days

Parties have 21 calendar days from the date of the ex parte application to respond to the request to be relieved as counsel.

Parties or attorneys for the parties will have 21 calendar days from date of the application to respond to the request.

WARNING

Deadline

30 calendar days

Initial support motions must be calendared within 30 calendar days of filing the Request for Order unless the moving party requests more time.

All initial motions for child, spousal or partner support shall be calendared within 30 calendar days of the filing of the Request for Order, except upon the request of the moving party for additional time.

WARNING

All parties and attorneys must confer in good faith no later than 10 days before the PMH to resolve remaining disputes, unless contact is prohibited by a Restraining Order.

Except where contact between self-represented parties is prohibited by a Restraining Order, all parties and attorneys must confer in good faith no later than 10 days before the PMH to resolve any remaining disputes.

WARNING

Time limits in this rule include mailing time and are not extended by mailing any 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.

WARNING

To obtain court approval for a remote appearance, parties must file Form RA-010 and a blank FM-1201 at least 15 days before 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.

WARNING

Deadline

24 hours

The Court Specialist holds ex parte applications for 24 hours before submission to the judicial officer, with specified exceptions.

The Court Specialist will hold all applications (except requests for domestic violence restraining orders, gun violence restraining orders, matters identified in Cal. Rules, Rule 5.170, or properly supported requests not to give notice) for 24 hours before submission to the judicial officer.

WARNINGCivil cases

The deadline to bring any motion to compel is tolled starting on the date a party makes the email request for an IDC to the Court, and as further ordered by the Court at or after the IDC.

Consistent with the Court’s obligation and authority to manage complex litigation under the California Rules of Court and established case law, the time for bringing any motion to compel is tolled starting on the date a party makes the email request for an IDC to the Court, and as further ordered by the Court at or after the IDC.

WARNING

In cases without domestic violence allegations, parties may stipulate to waive the 15-day objection period, and the custody order will be filed upon completion of mediation.

In cases without allegations of domestic violence, parties may stipulate to waiving the 15 calendar day period provided for objections and their child custody order will be filed with the court upon completion of the mediation appointment.

WARNING

Deadline

1 court days

A small claims party who settles before the hearing must notify the Court in writing at least one court day before the hearing, such as by filing a Request for Dismissal.

A party who settles his or her claim before the date set for the hearing must notify the Court in writing at least one court day before the hearing. A party may do this by filing a Request for Dismissal. (See form SC-8007.)

WARNING

Parties retaining a reporter must file the Request for Appointment of Official Reporter Pro Tempore (CV-5100) at least 5 days before the hearing.

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.

WARNING

Deadline

5 court days

In civil cases, a party may notify the court and other parties of a remote appearance for the duration of the case by filing form RA-010 at least 5 court days before the next hearing.

Except as required by (C), a party may at any time during a civil case provide notice to the court and all other parties that the party intends to appear remotely for the duration of the case by filing Judicial Council of California form RA‐010, Notice of Remote Appearance, at least 5 court days before the next scheduled hearing in the case.

WARNING

Deadline

48 hours

When an ex parte matter does not require immediate action, the opposing party has 48 hours (excluding weekends and holidays) to present opposition.

If the matter does not require immediate action, defined to mean action within the day the matter is presented to the Court, the Court will allow 48 hours, not including weekends or holidays, for the opposing party to present the opposition.

WARNING

A petition for confirmation of sale should be filed within 30 days after the date of 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.

WARNING

Deadline

48 hours

If notice or the good cause declaration is not given within 48 hours of the temporary orders request, the Request for Order is filed and set for hearing without an order shortening time.

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.

WARNING

Motions necessary to be heard before or with the preliminary hearing must be set on the same day as the preliminary hearing.

Motions to release documents in response to a subpoena duces tecum, Penal Code section 1538.5 motions, and other motions necessary to be heard before or with the preliminary hearing must comply with Rule 7 and be set on the same day as the preliminary hearing.

WARNING

The depository must file the Receipt within 15 days; if not filed within 45 days of the order, the fiduciary must file a written explanation.

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.

WARNING

Deadline

5 court days

Media coverage requests must be submitted at least five court days before the portion of the proceeding to be covered, unless good cause is shown.

The forms shall be filed electronically with the Court's Public Information Officer, or another Court employee designated by the Court Executive Officer, at least five court days before the portion of the proceeding to be covered unless good cause is shown.

WARNING

When the Court requires written objections, they must be filed and served by the court-set date; failure to do so may result in the objections being overruled.

If written objections are required by the Court, the Court will continue the hearing and specify the date by which the objecting party must file and serve the written objections. Failure to file and serve such written objections on or before the date set may be grounds for overruling the objections.

WARNING

Deadline

15 calendar days

Written objections to a mediated agreement must be submitted within 15 calendar days of mailing, after which the agreement is submitted to the Court for signature.

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.

INFOCriminal cases

Deadline

72 hours

The original sound recording must be made available for listening within 72 hours of a request to the Court Services Manager.

The Court Services Manager or his/her designee shall make the original sound recording available to the parties and counsel for listening in courthouses during normal business hours within 72 hours of submission of a request to the Court Services Manager.

INFOCivil cases

Advance Case Status Reports are posted on the court website generally two court days before a hearing, and no later than 5:00 p.m. on the court day before the hearing.

The Probate Division will post Advance Case Status Reports (“ACSRs”) for cases on the General Probate and Administration of Estates calendars on the court website (www.scscourt.org) generally two court days before the hearing, and no later than 5:00 p.m. on the court day before the scheduled hearing.

INFOCivil cases

Deadline

48 hours

For ex parte matters not requiring immediate action, the Court allows 48 hours (excluding weekends and holidays) for the opposing party to present opposition.

If the matter does not require immediate action, defined to mean action within the day the matter is presented to the Court, the Court will allow 48 hours, not including weekends or holidays, for the opposing party to present the opposition.

INFOCivil cases

The Court may shorten the publication notice period to five days upon filing an appropriate affidavit or declaration, permitting sale on the sixth day after publication.

On filing an appropriate affidavit or declaration, the Court may sign an order shortening the notice period to five days, with sale permitted on the sixth day after publication.

INFO

Upon filing an affidavit or declaration, the Court may shorten the notice period to five days, permitting sale on the sixth day after publication.

On filing an appropriate affidavit or declaration, the Court may sign an order shortening the notice period to five days, with sale permitted on the sixth day after publication.

INFO

Briefs for evidentiary hearings should be filed and served three days before the hearing unless the Court specifies otherwise.

Briefs for evidentiary hearings should be filed and served three days before the hearing unless otherwise specified by the Court.

INFO

In cases without domestic violence allegations, parties may stipulate to waive the 15-day objections period, and the custody order is filed upon completion of mediation.

In cases without allegations of domestic violence, parties may stipulate to waiving the 15 calendar day period provided for objections and their child custody order will be filed with the court upon completion of the mediation appointment.

CRITICAL

Non-professional supervisors must file FL-324(NP) within 30 days of appointment.

Non-Professional visitation supervisors must complete and file Judicial Council Form FL-324 (NP), Declaration of Supervised Visitation Provider (Nonprofessional), within 30 days of appointment as a visitation supervisor in a case.

WARNING

Deadline

21 calendar days

Parties have 21 calendar days from the date of the application to respond.

Parties or attorneys for the parties will have 21 calendar days from date of the application to respond to the request.