Sierra Superior Court Filing Timing and Cure Windows

CRITICAL

The parties shall submit a settlement conference brief not to exceed five pages no later than 5:00 p.m. on Friday the week before the settlement conference.

The parties shall submit a settlement conference brief not to exceed five pages no later than 5:00 p.m. on Friday the week before the settlement conference.

CRITICAL

If accepted, an electronic filing received before 4:00 p.m. on a court day is deemed filed that day; one received after 4:00 p.m. or on a non-court day is deemed filed the next court day.

Any pleading and document received by the court by way of the above email address before 4:00 p.m. on any court day must be deemed filed, if accepted, on that court day. Any document that is received electronically after 4:00 p.m. on a court day or on a non-court day must be deemed filed, if accepted on the next court day.

WARNING

The Appellate Division accepts electronic filings during normal business hours.

Electronic filings will be accepted in the Appellate Division during normal business hours.

WARNING

If a technical problem prevents receipt of electronic documents during regular filing hours on a court day, the filer may ask the designated panel presiding judge for an order deeming them received on the attempted filing day.

If a technical problem with respect to a court’s electronic filing system precludes the court from receiving electronically submitted documents during its regular filing hours on a particular court day, the electronic filer may apply to the designated panel presiding judge for that case for an order deeming the electronically submitted documents received nunc pro tunc as of the day of the attempted filing.

WARNING

Discovery should commence at the earliest practicable date.

(c) Discovery to commence at the earliest practicable date.

CRITICAL

A notice of appeal must be filed within 60 days after judgment is rendered.

A Notice of Appeal shall be filed within 60 days after the rendition of the judgment.

CRITICAL

Discovery must be completed by 240 days after the complaint is filed, except for depositions of expert witnesses.

(e) All discovery, other than depositions of expert witnesses, to be completed by 240 days after filing of the complaint.

CRITICAL

Deadline

2 court days

Form SIE-0035 must be filed with the court clerk at least two court days before the hearing.

Any party seeking to appear remotely or requesting that a witness or support person appear remotely, must complete and file a Form SIE-0035, Request for Remote Appearance, with the court clerk at least two (2) court days prior to the hearing.

CRITICAL

Deadline

30 calendar days

If the child is not detained, the disposition hearing must begin within 30 calendar days after jurisdiction is found.

If the child is not detained, the disposition hearing shall be begun no later than 30 calendar days after jurisdiction is found.

CRITICAL

Form SIE-0043 must be filed at least five days before the desired hearing date.

3. SIE-0043 must be filed at least five (5) days prior to the desired hearing date to allow for proper scheduling.

CRITICAL

Applies to

Settlement conference statement

The Settlement Conference Statement must be prepared, filed, and served at least 10 days before the settlement conference, or 15 days before it if service is by mail.

At least 10 days before the settlement conference, or 15 days if service is by mail, each party or their attorney shall prepare, file, and serve on the other party or the opposing attorney, a Settlement Conference Statement with contents as indicated below.

CRITICAL

Applies to

Declaration re notice of ex parte application for order

The declaration must be filed before or at the time of the hearing.

A Declaration re: Notice of Ex Parte Application for Order shall be filed with the Court prior to, or at the time of, the hearing.

CRITICAL

Deadline

1 court days

A detention hearing must be heard by the end of the Court Day after the petition is filed.

Detention Hearings shall be heard no later than the end of the next Court Day after a petition has been filed

CRITICAL

Applies to

Responsive papers

Unless an order shortening time has issued, responsive papers must be filed at least 10 days before the hearing.

Unless an order shortening time has been issued, responsive papers shall be served and filed at least 10 days prior to the date of the hearing.

CRITICAL

For covered civil actions and proceedings, the Clerk must set the first case management conference on the closest available date that is at least 135 days after filing.

Upon the initial filing of a civil action or proceeding, other than juvenile, probate, family law domestic violence, or civil harassment, the Clerk shall set the matter for a first case management conference on the case management calendar closest to, but not less than 135 days from the date of filing.

CRITICAL

The current declaration is due within 30 days of the hearing or trial.

Within 30 days of the hearing or trial, a current Income and Expense Declaration must be filed by each party where support is at issue.

CRITICAL

Deadline

15 court days

If the child is detained, the petition hearing must begin within 15 Court days after the detention order.

If the child is detained, the hearing on the petition shall be begun within 15 Court days from the date of the detention order.

CRITICAL

Moving papers must be timely filed for the assigned hearing date; absent demonstrated good cause, the motion may be deemed waived.

(b) In the event that the moving papers are not timely filed for the assigned hearing date without good cause demonstrated, the motion may be deemed waived by the moving party.

CRITICAL

The Court must review each dependent child's status within six months of the dependency declaration and at least every six months thereafter.

The Court is required to review the status of every dependent child within six months of the declaration of dependency and at least every 6 months thereafter.

CRITICAL

A Notice of Intent to file a petition for extraordinary writ shall be filed within 7 days of the date of the order setting a hearing under W & I Code § 366.26

A Notice of Intent to file a petition for extraordinary writ shall be filed within 7 days of the date of the order setting a hearing under W & I Code § 366.26

CRITICAL

Deadline

30 calendar days

If the child is not detained, the petition hearing must begin within 30 calendar days after the petition is filed.

If the child is not detained, the hearing on the petition shall be begun within 30 calendar days from the date the petition was filed.

CRITICAL

A petition seeking writ review must be served and filed within 10 days after the record is filed in the reviewing Court.

A petition seeking writ review of orders setting a hearing under W&I Code shall be served and filed within 10 days after the filing of the record in the reviewing Court.

CRITICAL

Any response to a writ petition shall be served and filed within 10 days after the filing of the writ petition

Any response to a writ petition shall be served and filed within 10 days after the filing of the writ petition

CRITICAL

The Court must review the status of each child removed from a parent's or guardian's custody within 12 months of the dependency declaration.

The Court is required to review the status of every child who has been removed from the custody of a parent or guardian within 12 months of the declaration of dependency.

CRITICAL

A request to change the evaluator must be made within 10 calendar days after receiving the assignment notice from FCS.

If such a request for a change of evaluator is made, the request must be made within 10 calendar days of receiving the notice of assignment of evaluator from the FCS Department.

CRITICAL

If the child is not returned at the 12-month review, the Court must conduct another review no later than 18 months after the original detention.

If the child is not returned at the 12-month review, the Court shall conduct a review no later than 18 months from the date of the original detention.

CRITICAL

All Orders After Hearing must be submitted to the Court within 14 days after the hearing.

All OAH's must be submitted to the Court within 14 days following the hearing.

CRITICAL

The permanent-plan selection hearing must begin within 120 days of the review terminating reunification services and ordering a W & I Code § 366.26 hearing.

Selection hearing for permanent plan shall begin within 120 days of the review at which reunification services are terminated and a hearing under W & I Code § 366.26 ordered.

CRITICAL

Alternatively, a response to a writ petition must be served and filed within 10 days of receiving a request from the reviewing Court.

or within 10 days of receiving a request for a response from the reviewing Court.

CRITICAL

Before filing Judicial Council Form MC-500, request for media coverage must be filed with the clerk’s office in advance of a hearing in addition to any copy provided to the judicial officer in court.

Before filing Judicial Council Form MC-500, request for media coverage must be filed with the clerk’s office in advance of a hearing in addition to any copy provided to the judicial officer in court.

CRITICAL

Applies to

Moving party papers

The moving party’s papers must be filed at least 21 days before the hearing.

The papers of the moving party shall be filed and served at least 21 days prior to the time of the hearing.

CRITICAL

Form SIE-0044 must be filed at least five days before the desired hearing date.

SIE-0044 must be filed at least five (5) days before the desired hearing date to allow for proper scheduling.

CRITICAL

If the child is detained, the disposition hearing must begin within 10 days after the petition is sustained.

If the child is detained, the hearing on disposition must be begun within 10 days from the date the petition was sustained.

CRITICAL

Applies to

Proof of service

Proof of service must be filed before the hearing date.

Proof of service shall be filed prior to the date of the hearing.

WARNING

If opposing counsel does not respond within five days, the proposed OAH may be submitted directly to the Court with a declaration describing attempts to notify opposing counsel.

If opposing counsel does not respond to the request for approval as to form within five days, the proposed OAH may be submitted directly to the Court with an attached declaration indicating counsel's attempts at notifying opposing counsel.

WARNING

After the notice is mailed, the attorney has 30 days to submit a Certificate of Competency.

The attorney shall have 30 days from mailing of the notice to submit a Certificate of Competency.

WARNING

The Certificate of Competency must be submitted within 20 days of the attorney’s first appearance in a dependency matter.

A Certificate of Competency shall be completed by the attorney of record for the dependency matter and submitted to the Court within 20 days of his or her first appearance in a dependency matter.

WARNING

The first case management conference is to be held approximately 135 days after the complaint is filed.

(d) First case management conference to be held approximately 135 days after filing of a complaint.

WARNING

A party must request a court reporter at least one week before the hearing for an Appellate Division session to be reported.

The sessions of the Appellate Division shall not be reported by a court reporter unless a party so requests at least one week prior to the date set for the hearing.

WARNING

The attorney has 15 days from the date of the notice to respond to the complaint.

shall give the attorney 15 days from the date of the notice to respond to the complaint in writing.

WARNING

The notice-of-intent filing period is extended by five days if the party received notice of the order only by mail.

with an extension of 5 days if the party received Notice of the Order only by mail.