Siskiyou Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Appellate Brief
- 2 copies • Upon Filing
Ex Parte Application, Ex Parte Moving Papers
- No Later Than Four Business Hours Before the Scheduled Hearing
Adjournments
- The party who requested an official court reporter must notify the court manager and reporter’s office at least 24 hours before a proceeding that is settled, continued, or otherwise will not proceed as calendared.
- Ex parte applications for extensions of time must be submitted to the Court clerk, who presents them to the presiding Appellate Division judge for review.
- Upon receiving the telephonic notice, the court calendar coordinator will notify the appropriate judge of the agreement to continue. If for any reason the judge will not grant the continuance, the court calendar coordinator will immediately convey that information to the reporting attorney or party. In the absence of such response, counsel and parties can assume that the continuance is approved.
- Violations of the continuance rule may result in sanctions under the cited authorities or other appropriate authority.
- +14 more
Request must include
- The Court generally grants an agreed continuance when all counsel and self-represented parties agree on the new date and time, provided the reporting party gives the required notice at least two court days before the hearing and files written confirmation before the hearing.
- When a law-and-motion hearing is expected to exceed 15 minutes, counsel must notify the calendar coordinator and the opposing side in person or by telephone by the close of the third court day before the hearing; the Court may continue the hearing.
- A party must request an infraction-trial continuance at least five court days in advance; a later continuance may be granted if required in the interests of justice or for good cause.
Communication
Fax
Clerk
Page & Word Limits1 rule
no brief, either in support of or in opposition to a writ petition, including its memorandum of points and authorities (but excluding exhibits, declarations, attachments, tables, and proof of service) may exceed thirty- five (35) pages in length, and no reply brief may exceed 20 pages.
- Brief
- Up to 35 pages
- Reply brief
- Up to 20 pages
Excluded from page count
- •Exhibits
- •Attachments
Document Format Requirements18 rules
A request to be excused from jury service for hardship must be from the prospective juror and must be in writing.
Documents submitted through E-Filing must be in PDF Format, text searchable, and viewable on any standard PDF viewer.
- File type
All documents equal to or exceeding 10 pages and containing multiple exhibits or sections must be bookmarked with the title of the corresponding exhibit or section.
- At least 10 pages
All documents submitted electronically must include page numbers.
Records must be double-sided, consecutively numbered, three-hole punched, and placed in a three-ring binder labeled with the case caption and number on its spine and front.
- Binding
- Three-ring binder
- Record
Formatting
- •Copy pages double-sided
- •Place all pages in a three-ring binder
Court's wording
The record must be prepared for filing as follows: it must be copied onto double-sided pages, each page consecutively numbered (including any transcript pages prepared by a court reporter), with three holes punched into the left- hand margin and all pages placed into a three-ring binder, the outside of which, on both the spine and front of the binder, must bear the caption of the matter and the case number.
Pursuant to Code of Civil Procedure §607a, all jury instructions covering the law as disclosed by the pleadings must be delivered in writing to the trial judge before jury voir dire commences, unless indicated by the judge.
Modified desired CACI instructions must be identified by number, marked as modified, and provided in modified form to the trial judge.
Court's wording
Desired CACI instructions in which deletions, strikeouts, insertions or other changes have been made must be referenced by number, and must carry a notation that there has been a modification thereto; and a copy of the instruction, as modified, must be provided to the trial judge.
All such motions and supporting documents, opposition papers, and the hearings thereon must be in compliance with Rule 4.111 of the California Rules of Court.
The form and format of all motions, and supporting or opposition documents, must be as required by the California Rules of Court and, specifically, Rule 2.100 et seq.
The place provided for the judicial signature must appear at the end of the order or judgment. No attachment, exhibit, or rider is permitted after the judicial signature.
- Probate order
- Judgment
Formatting
- •No attachment, exhibit, or rider may follow the judicial signature
All papers filed in support of or in opposition to a motion or other application for an order must comply with Rules 2.100 – 2.119, Rule 3.1110, and Rules 3.1112 – 3.1115 of the California Rules of Court.
Thereafter, but before commencement of argument, any additional proposed instructions upon questions developed by the evidence and not disclosed by the pleadings may be delivered to the trial judge and served upon the opposing side or sides.
A Family Law Facilitator complaint or objection must be made in writing.
Court's wording
Pursuant to California Rule of Court, Rule 5.430(g), any person who wishes to make a complaint or objection regarding the performance of the Family Law Facilitator shall make such a complaint in writing and shall file it with the Court Executive Officer within sixty (60) days of the last event leading to the complaint.
Requests to release adoption-related information in the Court’s files must use an Appendix 5 form.
Court's wording
The procedure for release of information that may be contained in this Court’s files and that relates to adoptions is as set forth in Appendix 5. Only the forms set forth in Appendix 5 may be used in making requests for release of such information.
Some printed forms of orders or decrees are designed to permit the attachment of supplemental material; if such form is utilized, attachments will be permitted if the judicial signature appears at the end of the last attachment, and the form itself includes the information that the document is executed at the end of the last attachment.
The signature line must not appear on a page by itself, and pagination of documents must be adjusted accordingly.
An Appellate Division opinion may be filed after it has been signed in counterpart by the appellate panel and may be in the form of a facsimile transmission document bearing the signature of any panel member.
A suggested form of summary of account is set forth in Appendix 6 of these Rules, and in Probate Code §1061.
Document Filing Requirements216 rules
A substitution of attorneys or substitution of a party in pro per is not complete or effective unless the address and telephone number of the new attorney or new unrepresented party, and the state bar number of the new attorney, are included on the substitution form.
No application for a fee waiver will be considered unless it is accompanied by Judicial Council form FW-003.
All initial Civil, Probate, and Family Law filings shall be accompanied by a completed Case Party Information. (See Appendix 4)
Every paper received by FAX pursuant to this rule must be accompanied by an informational cover sheet that identifies the transmitting party, his or her telephone number and address, the date of the transmission, the case name, and the case number.
- Document
- Fax filing
Must include
- •Case number
The specified Family Code, temporary guardianship, and Code of Civil Procedure applications or petitions must include a completed local Declaration re Notice form.
Court's wording
For ex parte applications made pursuant to any provision of the Family Code; or for petitions for temporary guardianship pursuant to Probate Code §2250; or for petitions pursuant to Code of Civil Procedure §§527.6, 527.7, 527.8, or 527.85, the local form "Declaration re Notice", attached to these rules as Appendix 3, must be completed by counsel or unrepresented party, and submitted along with the ex parte application.
Except for an adverse party in default, an ex parte application must be supported by an affidavit or declaration establishing notice, good-faith unsuccessful notice attempts, or good cause to proceed without notice.
Court's wording
Except as to an adverse party in default, an application for an order must not be made by ex parte hearing unless it appears, by affidavit or declaration: (a) that within a reasonable time [Local Rule 3.03.B(2)] before the application is heard, the moving party informed all opposing counsel or unrepresented parties as to when and where the application would be made, and the exact nature of the relief sought thereby; or, (b) that the moving party in good faith attempted to inform opposing counsel or unrepresented parties of the time, place, and content of the ex parte application, but was unable to do so (specifying such attempts); or, (c) that for reasons specified, which establish good cause, the moving party should not be required to inform opposing counsel or unrepresented parties of the pending ex parte application.
The applicant for an ex parte order has an absolute duty to disclose to the Court that a requested order will result in a change of the status quo.
Where the applicant relies wholly or in part on a verified complaint, the application must be accompanied by a separate statement setting forth the evidentiary facts upon which the applicant relies.
When application is made for an ex parte writ of attachment, any affidavit or declaration submitted therewith must also comply with Code of Civil Procedure §482.040 as modified by Code of Civil Procedure §§485.210(d) and 488.510(b).
A request for an order shortening time for service [CCP §1005] or for hearing will not be granted unless supported by a declaration demonstrating good cause why the matter cannot be heard on regular notice.
If the responding party's attorney has not been contacted or has not agreed to the proposed setting, the supporting declaration must clearly demonstrate why the hearing should be set on the proposed date without the consent of opposing counsel, and the reason the matter must be heard on shortened notice.
A writ-of-possession application must comply with the cited statute and include a declaration setting forth facts to aid the Court in determining the undertaking amount.
Court's wording
Every application for issuance of a writ of possession must comply with Code of Civil Procedure §516.030. Additionally, the applicant must set forth, by declaration, facts to aid the Court in its determination of the undertaking amount, pursuant to Code of Civil Procedure §515.010.
Provisions for the immediate delivery of the moving papers to opposing counsel's office, or to an unrepresented party, must be set forth in the proposed order.
If an order shortening time is requested, the supporting declaration must state whether or not the responding party is represented by counsel, the name and address of the responding party's attorney, and whether or not that attorney has been contacted and has agreed to the date and time proposed for the hearing.
Any evidentiary facts relied on in the memorandum must be presented in the supporting declarations.
When application is made for an ex parte writ of attachment, the applicant must also submit a memorandum setting forth the reason why the application is not, instead, a request for a temporary protective order under Code of Civil Procedure §486.030.
The petition must be verified.
A foundation that establishes a declarant’s personal knowledge must be set forth in any supporting declaration or affidavit.
A renewed application for the same or a similar order after an ex parte motion was denied, conditionally granted, or granted on terms must include a declaration describing the prior motion, its timing and judge, the resulting decision, and any claimed new facts.
Court's wording
When an ex parte motion has been made, and has been refused in whole or in part, or has been granted conditionally or on terms, and a subsequent application is made for the same or a similar order, to the same or a different judge, whether upon an alleged different state of facts or otherwise, then the applicant must show, by declaration, what motion was previously made, the nature of the previous motion, when and to what judge it was made, what order or decision was made thereon, and what new facts, if any, are claimed by the new motion.
Because no testimony will be taken in connection with ex parte petitions, the application must include facts that justify granting the prayer.
Whether ex parte or on notice, the applicant must submit a declaration setting forth any payments made or other compliance by defendant; the specifics of the alleged failure to perform; and the substance of the order requested.
Except in family-law matters, where Rule 3.1312 does not govern or its time constraints are impracticable, the prevailing party must prepare a proposed order within 10 calendar days after receiving the ruling and submit it to the opposing party for approval as to form only.
Court's wording
Except for family law matters, the duty to prepare orders is governed by Rule 3.1312 of the California Rules of Court. In matters not governed by said Rule, or in cases where the Court finds that the time constraints of the Rule are impracticable, the prevailing party on a motion must, within ten (10) calendar days of receipt of the Court's written or oral ruling, prepare a proposed order thereon and submit it to the opposing party for approval (as to matters of form only).
If the opposing party does not approve or object within 10 days after service, the preparer may send the order to the Court with a letter stating the specified information and request; a copy of the letter must be served on the opposing party.
Court's wording
If the other opposing party fails to approve or object to the order within ten (10) days after service, the party who prepared the order may then send it to the Court for signature. The order must be accompanied by a letter to the Court stating the date the order was sent to the opposing party, the opposing party's reason(s) for not approving it (if known), and a request that the judge sign the order. A copy of the letter to the Court must be served on the opposing party.
If the party who is required to prepare the order pursuant to Local Rule 3.07.A fails to do so, then the other party may prepare the order. The order may then be sent directly to the Court, without the approval of opposing counsel, along with a cover letter to the Court stating the applicability of this section; a copy of the cover letter and the proposed order must be served on all parties.
A brief that exceeds 15 pages must include a table of contents, table of authorities, and an opening summary of argument.
- Document
- Brief
Must include
- •Table of contents
- •Table of authorities
The required case management conference statement must be fully completed and prepared on Judicial Council Form CM-110.
Court's wording
Not later than fifteen (15) calendar days prior to every Case Management Conference (including Additional Case Management Conferences), each party must file, and serve on all other parties, a fully-completed case management conference statement prepared on Judicial Council Form CM-110.
A stipulation to continue or reset trial must be accompanied by a proposed Order to qualify for acceptance in lieu of a motion.
- Document
- Stipulation to continue trial
Include
- •Proposed order
Court's wording
A stipulation to continue a trial, or to vacate a trial date and calendar the matter for re- setting, may be accepted in lieu of a motion as long as 1) all parties agree in writing; 2) the terms of the written stipulation set forth good cause pursuant to California Rule of Court 3.1332, and further state that the stipulation is subject to approval by the Court; and the stipulation is accompanied by a proposed Order.
The Petition must be accompanied by a proposed order approving the compromise, prepared on Judicial Council Form MC-351.
- Document
- Compromise petition
Must include
- •Proposed order
Requests for Court approval of compromise of a claim of a minor or person with a disability will not be considered unless submitted on a fully-completed Judicial Council Form MC-350.
An application for attorney fees exceeding the rule’s schedule must be supported by declarations stating the factual basis for the claimed fees.
Court's wording
When a party claims attorney fees in excess of those allowed by this Rule, then an application for attorney fees must be made to the Court; the application must be supported by declarations setting forth the factual basis for the claimed fees.
If the order approving the compromise includes an order for deposit of funds into a blocked account, the applicant must also submit to the Court, along with the petition and approval order, a separate order to deposit the funds, prepared on Judicial Council Form MC-355.
When required by the Court or California Rule of Court 3.1590, counsel must lodge a properly titled proposed judgment with proof of service and simultaneously lodge a matching original titled “Judgment” suitable for the judge’s signature.
Court's wording
When required by the Court, or when a proposed judgment is required by Rule 3.1590 of the California Rules of Court, counsel must lodge the proposed judgment with the clerk. The proposed judgment must be entitled "Proposed Judgment" and must bear an attached proof of service indicating that a copy has been served upon all counsel and unrepresented parties. At the same time that the proposed Judgment is lodged with the clerk, counsel must also lodge therewith the original form of the judgment. The original judgment must be in the same form and have the same content as the proposed judgment, except that it must be entitled "Judgment", and must be suitable for signature by the judge.
Unless costs have already been awarded in a specific amount, a judgment must leave a blank for costs, which the clerk fills after a timely cost memorandum and any ruling on a motion to tax costs.
Court's wording
3) Unless costs have already been awarded in a specific amount, leave a blank space for insertion of any costs, as follows: "and costs in the sum of $ _ _ .__”. The clerk of the Court will enter the amount of costs claimed after a timely memorandum of costs has been filed, and after a ruling upon any motion to tax costs.
2) Refer to full names as they appear in the caption of the initial pleadings, or obtain an order amending the pleadings in respect to such names; and,
A formal judgment must identify the full names and legal capacities of the parties for and against whom it is rendered.
Court's wording
1) Clearly show the full names of the parties for whom and against whom the judgment is rendered, including their legal capacities as plaintiffs, defendants, cross-complainants and cross-defendants;
A proposed judgment submitted by stipulation must be a separate document, not part of or attached to the stipulation.
Court's wording
The Court will not sign a judgment that is presented as part of a stipulation for judgment, whether or not the proposed judgment is included in the body of the stipulation or is an attachment thereto; any proposed judgment that is submitted upon stipulation of the parties must be in the form of a separate document.
Any party who files a notice of appeal of an order, decision, or award of the Labor Commissioner pursuant to Labor Code §98.2, must also file the following with the clerk of the Court:
No later than five (5) calendar days prior to the date fixed for the settlement conference, the parties must file with the Court, and must serve upon all other parties, a brief statement of the facts and the law of the case.
Within five (5) days of receiving a notice of assignment to arbitration, each party must file, and deliver directly to the nominated arbitrator, a notice that discloses the following: 2) Whether or not any party is proceeding in forma pauperis. 3) Whether or not this is a lengthy hearing matter (as defined hereinafter).
Any request for money sanctions must be made upon advance notice, in writing, unless ordered on the Court's own motion, in which case notice need not be in writing.
A written stipulation for a lengthy arbitration hearing must be filed at least 15 court days before the hearing and provide for payment at a specified reasonable hourly rate for time exceeding three hours.
Court's wording
By filing, at least fifteen (15) court days before the hearing, a written stipulation between the parties and the arbitrator that they all agree to a lengthy hearing; said stipulation must provide for payment by the parties of a specified reasonable hourly rate of compensation to the arbitrator for any arbitration in excess of three hours; or,
A motion seeking permission for a lengthy arbitration hearing must show cause, specify the reasonable hourly rate for time exceeding three hours, and be made before the arbitration completion deadline.
Court's wording
By obtaining an order, on duly noticed motion, that shows cause for a lengthy hearing and that specifies the reasonable rate of compensation to the arbitrator for each hour of hearing in excess of three (3) hours; such motion must be made to the Court before the date by which the matter is required to have been completely arbitrated.
A default prove-up requires competent evidence of every essential element; allegations and mere conclusions do not suffice.
Court's wording
For purposes of default prove-ups, allegations in the complaint or cross-complaint, if applicable, are not deemed proved because of the failure of the adverse party to answer. Rather, proof must be presented by competent evidence with respect to all essential elements of the causes of action to be proved. Mere conclusions are insufficient.
Affidavits and declarations presented in support of a prove-up application must comply with the requirements of CCP §585 and §585.5.
Affidavits and declarations must show, affirmatively, that the affiant or declarant is competent to state those things that appear therein.
At the hearing or by papers filed prior thereto, the applicant must demonstrate that all parties have been served and have either appeared or failed to appear; and the applicant must comply with the provisions of CCP §585(c).
The petitioner must submit, for the Court’s review, an application and declaration for alternative service, stating that the Court has granted a fee waiver and the reasons that the applicant cannot now afford the cost of publication.
At the hearing on the application, the applicant must present such oral and documentary evidence as may be necessary to prove his or her claim to title.
An application for service by publication must be submitted to the clerk for ex parte judicial approval and supported by factual declarations describing all location efforts and establishing due diligence.
Court's wording
Applications for service by publication must be submitted to the clerk of the court for ex parte approval by a judicial officer and must be supported by one or more factual declarations describing all efforts to locate the other party. The Court will not grant the application unless it appears from one or more supporting declarations that the petitioner has exercised all due diligence in attempting to locate the other party.
False Claims Act proceedings must be filed in the Yreka Branch, and the clerk will not accept a complaint unless the completed specified confidential cover sheet is affixed to its first page.
- Document
- Complaint
- Placement
- First page
Court's wording
Proceedings initiated pursuant to the False Claims Act [Government Code §§ 12650 et seq.] must be filed in the Yreka Branch of the Superior Court, and will not be accepted by the clerk for filing unless a completed “Confidential Cover Sheet – False Claims Act”, JC Form MC-060, is affixed to the first page of the complaint. (Rule 2. 571 of the California Rules of Court.)
The moving party must submit, together with the proposed judgment and any forms required above, an original and two (2) copies of the form “Notice of Entry of Judgment” [Judicial Council Form FL-190]. Petitioner must also submit two (2) first-class envelopes, postage prepaid, addressed to the parties as listed on the notice of entry of judgment.
Filing & Service rules
Electronic Filing Rules
E-filing is optional, paper filings are accepted in person at the clerk’s service windows, and civil, probate, family law, and small claims documents are not accepted by email or fax.
A. E-Filing is permissive and paper filings will continue to be accepted in-person at the clerk’s service windows. Civil, Probate, Family Law, and Small Claims documents will not be accepted by this court through any other electronic methods (i.e., email or fax).
Page 22 | Rule 2.23 Electronic Filing (E-Filing) in Civil, Probate, Family Law, and Small Claims
Domestic Violence and Gun Violence Restraining Orders may be submitted by email to the address posted on the Court’s website.
Domestic Violence and Gun Violence Restraining Orders will be accepted via an email address posted on the Court’s website.
Page 22 | Rule 2.23 Electronic Filing (E-Filing) in Civil, Probate, Family Law, and Small Claims
E-filings must be submitted through an authorized EFSP.
E-Filings must be submitted through an authorized Electronic Filing Service Provider (EFSP).
Page 22 | Rule 2.23 Electronic Filing (E-Filing) in Civil, Probate, Family Law, and Small Claims
The following documents are excluded from E-Filing and must be submitted in paper format:
The following documents are excluded from E-Filing and must be submitted in paper format:
Page 22 | Rule 2.23 Electronic Filing (E-Filing) in Civil, Probate, Family Law, and Small Claims
The clerk will not check whether fax-filed documents were transmitted legibly or completely.
The clerk will not review FAX-filed documents to determine whether the documents have been transmitted legibly or completely.
Page 23 | 2.24 Facsimile (FAX) Filing in Criminal Matters
Fax filing is permitted only for subsequent documents in criminal matters and may be used by counsel or unrepresented parties.
Filing by facsimile transmission is permissive and only for subsequent documents in criminal matters, by counsel and/or by unrepresented parties.
Page 23 | 2.24 Facsimile (FAX) Filing in Criminal Matters
The Court may suspend a party’s or attorney’s fax-filing privileges for noncompliance with the rule.
The Court may suspend the FAX filing privileges of any party or attorney who fails to comply with the requirements of this Rule.
Page 23 | 2.24 Facsimile (FAX) Filing in Criminal Matters
The Court may disregard a fax-filed document that does not comply with the rule.
The Court may disregard any document filed by facsimile transmission that is not in compliance with this Rule.
Page 23 | 2.24 Facsimile (FAX) Filing in Criminal Matters
Papers may be faxed directly to the clerk’s office for filing or communication to the Court, subject to the stated conditions.
Papers may be faxed directly to the clerk's office, for filing or communication to the Court, on the following terms and conditions:
Page 23 | 2.24 Facsimile (FAX) Filing in Criminal Matters
The Court does not recommend fax filing documents over 10 pages.
FAX filing is not recommended for filings over 10 pages.
Page 23 | 2.24 Facsimile (FAX) Filing in Criminal Matters
Filing Timing and Cure Windows
Opposition papers must be served and filed within seven (7) days after the filing of the motion.
Opposition papers must be served and filed within seven (7) days after the filing of the motion.
Page 15 | D. Ex Parte Applications and Motions
Properly formed electronic documents received from 12:00 a.m. through 11:59:59 p.m. on a court day are deemed filed that day; documents received on a non-court day are deemed filed the next court day.
Any documents received electronically by the Court between 12:00am to 11:59:59p.m. on any court day, are deemed filed that same day, if in proper form. Any documents received electronically on a non-court day (i.e., weekend, holiday) are deemed filed on the next court day.
Page 22 | Rule 2.23 Electronic Filing (E-Filing) in Civil, Probate, Family Law, and Small Claims
Relief for failure to file required papers will be considered only if the Court’s fax machine malfunction caused the failure, not the transmitting machine.
The Court will consider applications for relief from failure to file required papers only when such failure can be shown to be attributable to the malfunction of the court's FAX machine, not to a malfunction of the transmitting machine.
Page 23 | 2.24 Facsimile (FAX) Filing in Criminal Matters
The cover sheet presumptively establishes filing on its indicated date, but transmissions commenced after 5:00 p.m. are presumed filed the next court day.
Upon receipt of papers filed by direct FAX, the cover sheet will be considered as presumptive proof that the subject paper was filed on the date indicated thereon, unless the transmission was commenced after 5:00 p.m., in which case the filing will be presumed to have been accomplished on the next court day, and so filed in by the clerk.
Page 24 | 2.24 Facsimile (FAX) Filing in Criminal Matters
At least four business hours before the hearing, the applicant must submit a declaration describing notice efforts or the stated grounds for not giving notice.
At least four (4) business hours before the hearing is conducted, the applicant must submit a declaration to the Court setting forth the facts relating to the efforts to give such notice, if any, or facts supporting the conclusion (a) that it was impossible to give such notice, or (b) that giving such notice would be detrimental to the estate and the persons interested in it.
Page 31
Responsive pleadings must be filed and served within 30 days after service of the complaint.
filing and service of responsive pleadings within 30 days of service of the complaint.
Page 36 | 4.01(A)(2)(a) Case Development Benchmarks
Proof of service of the summons and complaint must be filed within 60 days of case initiation.
filing of the proof of service of the Summons and complaint within 60 days of case initiation;
Page 36 | 4.01(A)(2)(a) Case Development Benchmarks
Stipulated extensions permitted under CRC Rule 3.110(d) must be in writing and filed promptly with the Court.
To the extent that stipulated extensions are permitted pursuant to CRC Rule 3.110(d), they must be in writing and filed promptly with the Court.
Page 36 | 4.01(A)(2)(b) Case Development Benchmarks
Each party must file and serve all other parties with a fully completed CM-110 case management conference statement at least 15 calendar days before every Case Management Conference, including additional conferences.
Not later than fifteen (15) calendar days prior to every Case Management Conference (including Additional Case Management Conferences), each party must file, and serve on all other parties, a fully-completed case management conference statement prepared on Judicial Council Form CM-110.
Page 38 | Case Management Conferences
When a trial date is continued by stipulation or outside a case management conference, each party must file a current and complete CM-110 at least five days before the further-proceedings date on the regular case management calendar.
If a trial date is continued by stipulation or at any time other than during a case management conference, the matter will be set for further proceedings on the regular case management calendar, and at least five (5) days before that date each party must file a current and complete case management statement (Judicial Council Form CM-110).
Page 40 | 4.02 Changing Trial Date Once Assigned; C. Effect of Continuance
A request for a special verdict or special findings, or proposed special findings forms, must be served and filed before voir dire begins.
A party who requests a special verdict or special findings must, in connection with requested instructions, comply with Rule 3.1580 of the California Rules of Court, and must serve and file such request or proposed special findings forms before jury voir dire commences.
Page 42 | 4.07(F)(1) Special Verdict and Finding Forms
The plaintiff must file proof of service or an application for a posting order within 15 days after filing the unlawful detainer complaint, unless a responsive pleading has been filed.
Within fifteen (15) days after filing an unlawful detainer complaint, the plaintiff must file a proof of service of the summons and complaint, or an application for a posting order, unless a responsive pleading has been filed.
Page 43 | 4.08(B) Filing Proof of Service Of Summons and Complaint
The plaintiff must file a trial-setting memorandum within 25 days after filing the unlawful detainer complaint, unless a request for entry of default or dismissal has been filed.
Within twenty-five (25) days after filing an unlawful detainer complaint, the plaintiff must file a memorandum to set the matter for trial, unless a request for entry of default or request for dismissal has been filed.
Page 43 | 4.08(C) Memorandum to Set
The petitioner or counsel must deposit the funds as ordered within 48 hours of receipt.
Petitioner or counsel must deposit the subject funds as ordered within 48 hours of receipt,
Page 46 | 5.03.B.2 Deposit and Receipt
The petitioner or counsel must file the depository receipt on Judicial Council Form MC-356 within 15 days thereafter.
and must file a receipt from the depository, on Judicial Council Form MC-356, within 15 days thereafter.
Page 46 | 5.03.B.2 Deposit and Receipt
The settlement conference statement must be filed no later than five calendar days before the conference.
No later than five (5) calendar days prior to the date fixed for the settlement conference, the parties must file with the Court, and must serve upon all other parties, a brief statement of the facts and the law of the case.
Page 49 | 5.07 C. Settlement Conference Statement
Each party must file the arbitration disclosure notice within five days after receiving notice of assignment to arbitration.
Within five (5) days of receiving a notice of assignment to arbitration, each party must file, and deliver directly to the nominated arbitrator, a notice that discloses the following:
Page 50 | 5.09 B. Disclosure Notice; Declination of Arbitrator
After publication is complete, the petitioner must file proof of publication and a request to enter default.
Upon completion of publication, the petitioner must file the proof of publication and the request to enter default.
Page 54 | 5.12(B) Publication; and Entry of Default
Complaints charging out-of-custody defendants must be filed with the Criminal Division Clerk at least two days before the defendant’s first appearance.
All criminal complaints charging out-of-custody defendants shall be filed with the Clerk of the Criminal Division at least two (2) days before the time of the defendant's first appearance on those charges.
Page 57 | 6.01.D Time of Filing: Out-of-Custody Defendants
In-custody complaints must be filed with the Criminal Division Clerk as early as possible and no later than 1:15 p.m. on the day of the defendant’s first appearance.
All criminal complaints charging in-custody defendants must be filed with the Clerk of the Criminal Division at the earliest time possible, in no case later than 1:15pm on the day of the defendant's first appearance on those charges.
Page 57 | 6.01.C Time of Filing: in-Custody Defendants
The declaration or offer of proof must be filed with the Clerk and must be personally served on the Office of the District Attorney not later than twenty-four (24) hours before the hearing.
The declaration or offer of proof must be filed with the Clerk and must be personally served on the Office of the District Attorney not later than twenty-four (24) hours before the hearing.
Page 59
If a pretrial-motion hearing will require more than 15 minutes or the taking of evidence, counsel must notify the criminal clerks no later than the third court day before the hearing that an extended hearing is needed; the Court may then continue it to a date and time certain.
In the event that counsel determines that the matter will require more than a total of 15 minutes, or will require the taking of evidence, counsel must notify the Court’s criminal clerks, no later than the third court day prior to the day set for hearing, that the matter requires an extended hearing, in which case the matter may be continued by the Court to a date and time certain.
Page 64 | 6.10 C. Hearings
Unless otherwise ordered or provided by law, the filing time and manner of service for pretrial motions are governed by California Rules of Court, Rule 4.111.
The time for filing and the manner of service of pretrial motions must be as set forth in Rule 4.111 of the California Rules of Court unless otherwise ordered or specifically provided by law.
Page 64 | 6.10 B. Filing and Service
The required pretrial materials must be served and filed no later than 14 days before the first day of trial, unless the Court orders an earlier date.
No later than 14 days before the first day of trial, or on an earlier date if ordered by the Court, all parties shall serve and file the following:
Page 66 | Rule 6.14(C) Mandatory Exchange
If a case will resolve before trial, the parties are excused from filing required trial documents when they file a joint memorandum reporting the resolution by 4:00 p.m. on the preceding Friday.
If the case is going to resolve prior to trial and the parties have filed a joint memorandum with the Court by 4:00 p.m. on the Friday preceding the due date for trial documents indicating that a resolution has been reached, the parties are excused from filing the required documents.
Page 67 | Rule 6.14(E)
Stipulations must be submitted to the Court no later than the calendar call on the hearing date.
2) All stipulations must be in writing and submitted to the Court prior to or at the calendar call on the date set for hearing.
Page 83 | Rule 8.02, D.2
Agreed custody and visitation terms must be filed in a detailed written agreement at least three court days before the hearing or trial.
If the parties agree on terms for custody and visitation of a minor child or children, they must file, not less than three (3) court days before the hearing or trial, a written agreement setting forth in detail their plans for implementation of the agreement after its terms have been ordered.
Page 89 | 8.06(B) Custody Agreements
The statement of issues must be filed at least 10 days before trial or at least 2 days before a settlement conference.
When a matter is set for a contested trial, both parties must file and serve a “Statement of Issues, Contentions, and Proposed Disposition of the Case” (hereinafter referred to as the “statement of issues”) at least ten (10) days prior to the trial date or at least two (2) days prior to a Settlement Conference.
Page 90 | 8.06(E) Statement of Issues, Contentions, and Proposed Disposition of The Case
The exhibit list must be lodged with the Court at trial.
A list of exhibits (not the exhibits themselves) must be lodged with the Court at time of trial.
Page 90 | 8.06(G) List of Exhibits
A party seeking an alternate community-property valuation date must serve and file a notice of motion at least 30 calendar days before trial.
A party who seeks a valuation date for community property that is not the date of trial must serve and file, at least thirty (30) calendar days before the trial date, a notice of motion for alternate valuation date pursuant to Family Code §2552(b).
Page 91 | I. Alternate Valuation Date (Date Other Than Trial)
A Family Law Facilitator complaint or objection must be filed within 60 days of the last event leading to it.
Pursuant to California Rule of Court, Rule 5.430(g), any person who wishes to make a complaint or objection regarding the performance of the Family Law Facilitator shall make such a complaint in writing and shall file it with the Court Executive Officer within sixty (60) days of the last event leading to the complaint.
Page 97 | 8.10 E. Family Law Facilitator Complaint Resolution
The hearing must be set on the regular family law calendar within 45 calendar days after the petition is filed.
The hearing date will be on the regular family law calendar, and the date selected must be within forty-five (45) calendar days of the filing of the petition.
Page 97 | 8.11 A.4. Hearing Date
Supporting documents must be filed with the clerk no later than five court days before the calendared hearing, absent good cause; untimely documents may not be considered and the matter may be continued, denied without prejudice, or removed from calendar at the Court’s discretion.
Except for good cause, all documents in support of a pleading must be filed with the clerk of the Court no later than five (5) court days before the calendared hearing thereon. This Rule applies, but is not limited to, affidavits of publication, proofs of subscribing witnesses, waivers of account, receipts, inventories, reappraisals for sale, agreements for in-kind distributions, proposed orders, and similar papers. At the Court’s discretion, documents that are not filed in a timely manner may not be considered before or during the hearing; and the matter may be continued, denied without prejudice, or ordered off calendar.
Page 100 | 9.03 Filing of Documents; and Review Prior to Hearing
To obtain formal orders on the hearing date, parties must submit proposed orders to the clerk at least five court days before the hearing.
If the parties wish to obtain formal orders on the date that the matter is calendared for hearing, then the proposed orders must be submitted to the clerk at least five (5) court days before the hearing.
Page 102 | 9.06(A)(3) Submitting Proposed Orders
The account trustee must file proof of the ordered deposit within 30 days after the court signs the deposit order.
Within 30 days after an order for deposit into a blocked account is signed by the Court, the trustee of the account must file a receipt from the depository, evidencing the ordered deposit.
Page 118 | 9.26 D. Proof of Deposit into Blocked Account
The conservator must file a notice of change of address with the Clerk within 30 days after the conservatee moves.
The conservator must notify the Court of any change of the conservatee's residence, within thirty (30) days of the conservatee's move, by filing a notice of change of address with the Clerk of the Court.
Page 121 | Rule 9.28
The guardian or conservator must notify the court in writing of the ward’s or conservatee’s death within 30 days.
The guardian or conservator must notify the court, within thirty (30) days and in writing, of the death of the ward or conservatee.
Page 121 | Rule 9.29(A), Required Notice to Court
For a dependency detention matter scheduled outside the usual times, the detaining agency must notify the Calendar Coordinator by noon on the preceding court day.
If a dependency detention matter must be heard at any time other than as set forth in this Rule, the detaining agency must give notice to the Court’s Calendar Coordinator by no later than 12:00 PM (noon) on the court day before the proposed hearing, so that the Coordinator can reserve a bench officer, a reporter, and security personnel.
Page 122 | Rule 10.02(B), Detention Hearings in Dependency Proceedings
For a dependency detention matter on the master calendar, the detaining agency must notify the Court’s Calendar Coordinator by 3:00 PM on the preceding court day.
It is the responsibility of the detaining agency to give notice to the Court’s Calendar Coordinator of any detention matter to be heard on the master calendar, by no later than 3:00 PM on the court day before the hearing.
Page 122 | Rule 10.02(B), Detention Hearings in Dependency Proceedings
A separate request for each proceeding must be filed with the clerk at least 10 calendar days beforehand, or when the proceeding is scheduled if it is less than 10 days away, subject to another time set by the court; noncompliance may prevent the court from providing a reporter or result in a continuance.
A request must be made for each proceeding for which a reporter is requested, a must be filed with the clerk at least 10 calendar days before the date set for the proceeding, or at the time the proceeding is scheduled if less than 10 days away, or at such other time as the court may require. Failure to comply with the request procedure may result in the court being unable to provide a court reporter or a continuance of the hearing.
Page 153 | REQUEST
Direct fax filing may be unavailable at times, and parties and counsel use it at their own risk.
Due to simultaneous transmissions, mechanical breakdown, and other potential problems, direct FAX filing may not be available at all times. Parties and counsel rely on direct FAX filing at their own risk.
Page 23 | 2.24 Facsimile (FAX) Filing in Criminal Matters
The Court’s fax machine’s printed “time received” message determines when transmission commenced.
The time that the transmission was commenced will be determined by the “time received” message that is printed at the top of the document by the court’s FAX machine.
Page 24 | 2.24 Facsimile (FAX) Filing in Criminal Matters
Uncontested applications and applications showing good cause for lack of prior notice may be submitted to the clerk at any time, but applications submitted after noon for review without a hearing are unlikely to be reviewed that day.
Uncontested ex parte applications, or ex parte applications supported by a showing of good cause for lack of prior notice, may be submitted to the clerk of the Court at any time, for presentation to the Court. The Court will attempt to review all such matters expeditiously, but it is unlikely that any ex parte request submitted after 12:00 P.M. (noon) for consideration without a hearing will be reviewed by the Court on the day of submission.
Page 28 | 3.03.C(1)(a)
The Court holds orders lacking opposing-party approval for five days and signs them afterward if no objections have been received.
The Court will hold, for a period of five days, all orders that have not received the approval of the opposing party; after five days, if no objections have been received, the order will be signed.
Page 34 | 3.07.B.3 Approval; Procedure If Not Approved
If the plaintiff does not meet the proof-of-service or posting-application requirement and no response has been filed, the court will issue an order to show cause re status within 10 days after the requirement was due.
Failure of the plaintiff to comply with the aforesaid requirement, in the absence of a filed response, will result in the issuance of an order to show cause re status; the order to show cause will be issued within 10 days of the date that the proof of service or posting application was due.
Page 43 | 4.08(B) Filing Proof of Service Of Summons and Complaint
Service and Proof of Service Rules
All motions, including motions for relief from default, must be filed with the Court clerk and include proper proof of service.
All motions, including motions for relief from default, together with proper proof of service, must be filed with the clerk of the Court.
Page 15 | D. Ex Parte Applications and Motions
Opposition papers must be served and filed within seven days after the motion is filed.
Opposition papers must be served and filed within seven (7) days after the filing of the motion.
Page 15 | D. Ex Parte Applications and Motions
The Court calculates timely notice by counting back 16 court days and then any additional calendar days required for the moving party’s chosen method of service.
In order to determine if timely notice has been accomplished pursuant to CCP §1005(b), the Court will first count back 16 court days and then any further calendar days for the form of service that has been utilized by the moving party.
Page 25 | 3.02.B Time for Filing; Calendar Changes; Proofs of Service
Unless otherwise ordered or provided by law, moving, supporting, opposing, and reply papers must be filed and served as required by Code of Civil Procedure section 1005(b).
Unless otherwise ordered or specifically provided by law, all moving and supporting papers, all papers opposing a motion, and all reply papers must be filed and served as required by Code of Civil Procedure §1005(b).
Page 25 | 3.02.B Time for Filing; Calendar Changes; Proofs of Service
Notice of non-appearance must be sent in a manner reasonably calculated to ensure receipt by the court calendar coordinator and opposing parties no later than two days before the hearing.
Prior notice of non-appearance is required. This required notice must be given by means reasonably calculated to ensure receipt by the court calendar coordinator and opposing parties no later than two (2) days prior to the hearing date.
Page 26 | 3.02.D Matters Submitted Without Appearance
When an out-of-county judge is assigned, counsel must give notice of non-appearance as early as possible and no later than two court days before the hearing.
If an out-of-county judge has been assigned to the case, counsel must give notice of non-appearance at the earliest possible date, in no case later than two (2) court days before the hearing.
Page 26 | 3.02.D Matters Submitted Without Appearance
Appearing parties must serve ex parte applications or written oppositions on all other appearing parties at the first reasonable opportunity; the stated presumed deadlines differ for moving and opposition papers, and facsimile service is allowed.
Parties appearing at the ex parte hearing must serve copies of the ex parte application or any written opposition thereto on all other parties who have appeared, at the first reasonable opportunity, which for moving papers will be presumed to be no later than 12:00 P.M. (noon) on the court day just prior to the day of the hearing, and for opposition papers will be presumed to be at least four (4) business hours prior to the hearing. Service may be accomplished by facsimile transmission.
Page 27 | 3.03.B(4)
Ex parte notice must be given to opposing counsel or unrepresented parties in person, by telephone, or by fax by 10:00 AM on the preceding court day, absent exceptional circumstances; greater notice by letter or other means is permitted.
“Reasonable” time or notice to the opposition, as required by this Rule, means that notice is given to all opposing counsel or unrepresented parties, either in person, by telephone, or by FAX, no later than 10:00 AM on the court day just prior to the date of the ex parte appearance, absent a showing of exceptional circumstances. This requirement does not preclude giving greater notice by letter or other means.
Page 27 | 3.03.B(2)
Proof of actual notice or justification for proceeding without notice, and proof of required service, must be presented to the Court when possible at least four business hours before the application and no later than the appearance.
Proof of actual notice or of adequate justification for proceeding without notice, and proof of service of documents as required by this Rule, must be presented to the Court, whenever possible, no later than four (4) business hours prior to the application, and in any case by no later than the time of the appearance on the application.
Page 27 | 3.03.B(5)
When an order shortening time is granted, moving papers must be promptly served on opposing counsel or an unrepresented opposing party, and may not be delivered fewer than two court days before the hearing unless the Court authorizes otherwise.
In cases where an order shortening time has been granted, the moving papers must be promptly served on the office of opposing counsel or on any unrepresented opposing party; and in no case may they be delivered fewer than two (2) court days preceding the hearing, unless otherwise authorized by the Court.
Page 29 | E. Ex Parte Request for Order Shortening Time
In probate matters, formal notice must be given when it is unclear that an ex parte order is proper or disputed factual issues make it appear that other parties should have an opportunity to be heard.
In all probate matters, formal notice must be given if it is not entirely clear that an ex parte order is proper or if issues are presented in which the relevant facts might be in doubt, and where it thus appears that other parties should have an opportunity to be heard.
Page 30 | I. Ex Parte Applications in Matters Governed by the Probate Code
Notice of the application and proposed hearing time and place must be given to counsel and unrepresented known interested persons.
hearing date, to give notice of the nature of the application to counsel for known interested persons and to unrepresented known interested persons themselves, together with notice of the proposed time and place of the hearing.
Page 31
The preparer must serve the opposing party with a copy of the letter sent to the Court.
A copy of the letter to the Court must be served on the opposing party.
Page 33 | 3.07.B.1 Approval; Procedure If Not Approved
The cover letter and proposed order must be served on all parties.
a copy of the cover letter and the proposed order must be served on all parties.
Page 34 | 3.07.B.2 Approval; Procedure If Not Approved
A copy of the letter must be delivered to all other parties when it is delivered to the Court.
A copy of the letter must be delivered to all other parties at the time it is delivered to the Court.
Page 34 | 3.07.B.4 Procedure When There Is Disagreement
Proof of service of the petition must be filed before the hearing on a motion or order to show cause seeking the writ.
Proof of service thereof must be filed with the Court prior to the hearing on any motion or order to show cause for issuance of the requested writ.
Page 35 | Rule 3.09(C) Service of Petition Prior to Hearing
Writ petitions of the specified types must be served on the respondent in the same manner as a summons and complaint.
All petitions for writs of mandate, for prohibition, or for administrative mandamus or prohibition must be served upon the respondent in the same manner as a summons and complaint.
Page 35 | Rule 3.09(C) Service of Petition Prior to Hearing
The summons and complaint must be served within 60 days of case initiation.
Service of the Summons and complaint within 60 days of case initiation;
Page 36 | 4.01(A)(2)(a) Case Development Benchmarks
Responsive pleadings must be filed and served within 30 days after service of the complaint.
filing and service of responsive pleadings within 30 days of service of the complaint.
Page 36 | 4.01(A)(2)(a) Case Development Benchmarks
Cross-complainants must serve each cross-defendant with a copy of the Notice when serving the cross-complaint.
All cross-complainants must serve a copy of the Notice upon each cross-defendant at the time the cross-complaint is served.
Page 37 | Scheduling and Noticing Conferences
The plaintiff must serve each party with a complete copy of the Notice of Case Management Procedures when serving that party with the summons.
At the time of service of the summons on any party, plaintiff must also serve a complete copy of said Notice upon that party;
Page 37 | Scheduling and Noticing Conferences
The plaintiff must serve the Notice on plaintiffs in intervention or interpleader within ten calendar days after being served with the relevant complaint.
and plaintiff must also serve a copy of the Notice on plaintiffs in intervention or plaintiffs in interpleader, within ten (10) days of being served with a complaint in intervention or interpleader.
Page 37 | Scheduling and Noticing Conferences
Each party must serve all other parties with a fully completed CM-110 case management conference statement at least 15 calendar days before every Case Management Conference, including additional conferences.
Not later than fifteen (15) calendar days prior to every Case Management Conference (including Additional Case Management Conferences), each party must file, and serve on all other parties, a fully-completed case management conference statement prepared on Judicial Council Form CM-110.
Page 38 | Case Management Conferences
If settlement is reported by telephone, a confirmation letter must follow within five days and be copied to all parties.
Whenever a case that has been assigned a trial date settles, the attorneys or unrepresented parties must immediately notify the Court of the settlement. The plaintiff bears the primary obligation to so notify the Court. Notification may be by telephone to the clerk, but, in such case, must be followed within five (5) days by a confirmation letter, copied to all parties.
Page 40 | 4.04 Duties if Case Settles
Copies of the jury instructions must be served on opposing counsel or unrepresented parties when the instructions are delivered to the judge.
At the same time, copies thereof must be served upon all opposing counsel or unrepresented parties.
Page 42 | 4.07(D)(1) When Jury Instructions are to be Submitted
A request for a special verdict or special findings, or proposed special findings forms, must be served before voir dire begins.
A party who requests a special verdict or special findings must, in connection with requested instructions, comply with Rule 3.1580 of the California Rules of Court, and must serve and file such request or proposed special findings forms before jury voir dire commences.
Page 42 | 4.07(F)(1) Special Verdict and Finding Forms
A proposed judgment must include attached proof that a copy was served on all counsel and unrepresented parties.
The proposed judgment must be entitled "Proposed Judgment" and must bear an attached proof of service indicating that a copy has been served upon all counsel and unrepresented parties.
Page 47 | 5.04 Form of Judgment
The notice of appeal filing must include proof that a copy was served on the Labor Commissioner.
3) A proof of service upon the Labor Commissioner of a copy of the notice of appeal.
Page 48 | 5.06 Appeal from Decision of Labor Commissioner Under Labor Code Section 98.2
The settlement conference statement must be served on all other parties no later than five calendar days before the conference.
No later than five (5) calendar days prior to the date fixed for the settlement conference, the parties must file with the Court, and must serve upon all other parties, a brief statement of the facts and the law of the case.
Page 49 | 5.07 C. Settlement Conference Statement
Each party must deliver the arbitration disclosure notice directly to the nominated arbitrator.
Within five (5) days of receiving a notice of assignment to arbitration, each party must file, and deliver directly to the nominated arbitrator, a notice that discloses the following:
Page 50 | 5.09 B. Disclosure Notice; Declination of Arbitrator
After receiving the signed publication order, the petitioner must publish the summons once a week for four consecutive weeks in a California newspaper of general circulation most likely to give actual notice.
Upon receiving the signed order for publication, the petitioner must cause the summons to be published in a newspaper of general circulation in the State of California that is most likely to give actual notice to the other party, pursuant to Code of Civil Procedure §415.50 (i.e., the summons must be published once a week for four consecutive weeks).
Page 54 | 5.12(B) Publication; and Entry of Default
A defense request for bail or O.R. will not be considered unless the District Attorney’s Office receives adequate notice and an opportunity to have a representative present when the request is presented.
No defense applications for bail or release on one’s own recognizance ("O.R.") will be considered unless the Office of the District Attorney has been given adequate notice of the request, so that a representative of the District Attorney has the opportunity to be present at the time the request is presented.
Page 58 | 6.02.A.3(a) Requests For Bail or Release on Own Recognizance
Except for forfeitures vacated under Penal Code sections 1305(c)(1) and (2), notice of a request to set aside forfeiture and exonerate bond must be served on the District Attorney and County Counsel at least ten days before the motion hearing.
Except for vacation of forfeiture ordered pursuant to Penal Code §§ 1305(c)(1) and (2), a notice of request to set aside forfeiture and exonerate bond must be served on the District Attorney and County Counsel at least ten (10) days prior to the hearing on the motion. This notice is a condition precedent to vacation of forfeiture.
Page 58 | 6.02.A.4(a) Request to Set Aside Forfeiture
The declaration or offer of proof must be personally served on the Office of the District Attorney at least 24 hours before the hearing.
The declaration or offer of proof must be filed with the Clerk and must be personally served on the Office of the District Attorney not later than twenty-four (24) hours before the hearing.
Page 59
When lodging an amended pleading, the filing party must immediately serve a copy on all other counsel or self-represented parties.
At the time the amended pleading is lodged with the Court, the party lodging the pleading must immediately serve a copy on all other counsel, or parties appearing in propria persona.
Page 61 | B. Service Requirements
Unless otherwise ordered or provided by law, pretrial motions must be served in the manner prescribed by California Rules of Court, Rule 4.111.
The time for filing and the manner of service of pretrial motions must be as set forth in Rule 4.111 of the California Rules of Court unless otherwise ordered or specifically provided by law.
Page 64 | 6.10 B. Filing and Service
Written witness lists must be filed with the court when they are served on the opposing party.
Written witness lists shall be filed with the court when served on the opposing party.
Page 65 | Rule 6.11
The prosecution must submit and serve proposed verdict forms, including special findings and lesser included offenses, by the pre-voir dire conference.
The prosecution shall submit and serve proposed verdict forms, including any special findings and lesser included offenses, at or before the pre-voir dire conference.
Page 67 | Rule 6.14(D)
All parties must exchange transcripts of electronic recordings they intend to offer into evidence by the pre-voir dire conference.
7) At or before the pre-voir dire conference, all parties shall exchange transcripts of electronic recordings they intend to offer into evidence, pursuant to California Rules of Court, Rule 2.1040.
Page 67 | Rule 6.14(C)(7)
A hearing to modify a probation term must be set with notice to the opposing party.
In any case in which the Court has not lost jurisdiction and the defendant or counsel seeks modification of a term of probation, including a jail term, the defendant or counsel must contact the Clerk of the Criminal Court in order to set a hearing before the bench officer who imposed the sentence with notice to the opposing party.
Page 69 | Rule 6.17
Defense counsel shall file an Application or Petition for Mental Health Diversion (MHD), pursuant to section 1001.36, with the court and serve the prosecutor with a copy.
Defense counsel shall file an Application or Petition for Mental Health Diversion (MHD), pursuant to section 1001.36, with the court and serve the prosecutor with a copy.
Page 72 | D. Mental Health Diversion Procedures
The assessment and accompanying records must be served on the district attorney’s office when the application or petition is filed; the service method is not specified.
The assessment, along with any records shall be filed with the court at the time of filing the Application or Petition and served on the district attorney’s office.
Page 72 | D. Mental Health Diversion Procedures
Documents filed in matters governed by these rules must include a proof of service complying with Code of Civil Procedure §1013(a), except for an initial Petition or Complaint or an Order to Show Cause.
Except for the initial Petition or Complaint and any Order to Show Cause in a matter governed by these Rules, any document filed with the Court must be accompanied by a proof of service of that document; and the proof of service must be in compliance with Code of Civil Procedure §1013(a).
Page 81 | 8.01 C.1) Use of Judicial Council Forms; Proofs of Service; And Family Code Section 10006
If the responding party fails to appear, the moving party must immediately submit proof of timely service to the Court; if proof is unavailable, the hearing may be continued to permit its submission.
If a responding party fails to appear at a hearing, the moving party must immediately submit proof of timely service to the Court; if proof of service is not produced but the moving party alleges that timely service has been accomplished, the matter may be continued to allow submission of proof of service. Where a valid proof of service is provided, the Court will hear the matter.
Page 83 | Rule 8.02, F.2
When the Court adopts an agreement reached in CCRC, it will direct a party to prepare a formal order for filing and service on the other parties.
The Court will then direct one of the parties to prepare a formal order to be filed with the Court and then served on the other parties.
Page 85 | 8.05 A.2(a) Agreement Reached
Filing Fees and Waivers
Fax filing costs $1.00 per page, including the cover page.
The cost for fax filing is $1.00 per page, including any cover page.
Page 23 | 2.24 Facsimile (FAX) Filing in Criminal Matters
After a jury waiver, the other parties must deposit one day's jury fees within five court days after the clerk mails notice, with no extension; if waiver occurs within five days of trial or after trial begins, deposit is due on the first or next trial day.
When the party who has demanded a jury trial waives or is deemed to have waived a jury, the other party or parties will have up to five (5) court days from the date that the clerk mails the notice of waiver, to deposit one day's jury fees. (Note: this five-day period is not subject to extension pursuant to CCP §1005 or any other provision of law.) However, if the waiver occurs within five (5) days of the commencement of the trial, or if it occurs after trial has commenced, then the other party or parties must make the deposit on the first or next trial day.
Page 40 | 4.05 Jury Fees; Waiver of Jury; A. Deposit of Jury Fees After Waiver by Demanding Party
If the respondent has not previously appeared and paid an appearance fee, the first appearance fee is due when the Appearance, Stipulation and Waiver is filed, unless waived.
If the respondent has not previously appeared and paid an appearance fee, the first appearance fee is due with the filing of the “Appearance, Stipulation and Waiver”, unless the appearance fee is waived.
Page 94 | Rule 8.08(B)(2)
Otherwise, a full filing fee will be charged.
Otherwise, a full filing fee will be charged.
Page 111
The clerk may grant fee-waiver applications that meet the statutory eligibility standards.
Pursuant to Government Code § 68634(d), the clerk is authorized to grant applications for fee waivers that meet the standards of eligibility established by Government Code §§68632 and 68633.
Page 19 | 2.16(A) Waiver by Clerk of the Court
If a prevailing party who received a fee waiver is awarded costs, the party bearing costs must pay the waived fees directly to the Court.
In all cases in which a prevailing party has been granted a waiver of fees and is awarded costs, the Court will order that the party bearing costs pay, directly to the Court, the aggregate of any fees that were waived.
Page 19 | 2.16(B) Effect of Fee Waiver on Award of Costs
Fees for a court-appointed witness interpreter in civil, family law, or probate cases are not waived unless the Court approves the requesting party’s application.
There will be no waiver of fees for payment of a court-appointed interpreter for witnesses in civil, family law, or probate cases, unless the Court has approved the requesting party’s application.
Page 19 | 2.16(C) Fee Waiver for Witness Interpreter
An EFSP may charge a transaction fee, but EFSP fees are waived for parties with an active fee waiver and government entities.
Each EFSP may charge a transaction fee. EFSP fees are waived for parties with an active fee waiver and government entities.
Page 22 | Rule 2.23 Electronic Filing (E-Filing) in Civil, Probate, Family Law, and Small Claims
The cost of fax filing under this rule is not recoverable under Code of Civil Procedure §1033.5.
Because filing by facsimile transmission is permissive only, the cost of filing papers with the Court pursuant to this Rule is not recoverable under Code of Civil Procedure §1033.5.
Page 23 | 2.24 Facsimile (FAX) Filing in Criminal Matters
No filing fee is required for the application unless a hearing is conducted.
No filing fee will be required unless a hearing on the application is conducted.
Page 32 | Rule 3.04(B)
A Labor Code section 98.2 notice of appeal is treated as the first paper when determining the filing fee.
A notice of appeal filed pursuant to Labor Code §98.2 will be treated as the first paper for purposes of determining the filing fee.
Page 48 | 5.06 Appeal from Decision of Labor Commissioner Under Labor Code Section 98.2
Courtesy Copy Requirements
Appellate Division briefs must be accompanied by two additional copies.
All briefs filed with the Appellate Division must be accompanied by two additional copies.
Page 15 | B. Required Copies of Appellate Briefs
Copies of the application or moving papers must be submitted to the Court at least four business hours before the hearing; copies of responding papers should be submitted beforehand if possible.
Copies of the application or moving papers must be submitted to the Court by no later than four (4) business hours prior to the scheduled time of the hearing; and copies of any responding papers should be submitted prior to the hearing if possible.
Page 28 | 3.03.C(1)(c)
Sealing & Redaction Procedures
The court will sign a proposed protective order for the defendant’s records, which must be filed in the confidential section of the court file.
The court will sign a proposed protective order regarding any of the defendant’s records, and they shall be filed in the confidential section of the court file.
Page 72 | D. Mental Health Diversion Procedures
The court must retain the treatment plan in the confidential section of the court file.
The court shall retain the treatment plan in the confidential section of the court file.
Page 74 | Diversion Commencement and Treatment Plan
Pre-Motion Conference Requirements
An application for judgment or to vacate or terminate a stay based on failure to perform conditions must be made on noticed motion unless the authorizing stipulation expressly waives notice.
Unless a stipulation that authorizes the rendering and entry of judgment, or that authorizes the termination of a stay of execution upon failure to perform specified conditions, also includes an express waiver of notice, an application to render or for entry of judgment, or to vacate or terminate a stay upon failure to perform conditions, must be made on noticed motion.
Page 30 | H. Ex Parte Applications Re Stipulated Judgments
Absent good cause, in limine motions must be noticed and heard at or before the pre-voir-dire conference.
Absent a showing of good cause, in limine motions shall be noticed and heard at, or prior to, the pre-voir dire conference.
Page 65 | Rule 6.13(A) In Limine Motions
Unless otherwise provided by law, absent a showing of good cause, all other pre-trial motions shall be properly noticed for hearing prior to, or at, the pre-voir dire conference.
Unless otherwise provided by law, absent a showing of good cause, all other pre-trial motions shall be properly noticed for hearing prior to, or at, the pre-voir dire conference.
Page 65 | Rule 6.13(A) In Limine Motions
Before the initial review, defense counsel and prosecution must meet and confer to determine whether they agree that diversion is appropriate.
Prior to the initial review of an Application or Petition for Mental Health Diversion, defense counsel and prosecution shall meet and confer to determine: (a) Whether the parties agree that diversion is appropriate; and
Page 72 | D. Mental Health Diversion Procedures
Penal Code section 1538.5 motions to suppress must be noticed and heard as provided by statute and should be heard before the pre-voir-dire conference.
Motions to suppress evidence pursuant to the provisions of Penal Code § 1538.5 shall be noticed and heard as provided by statute, and should be heard prior to the pre-voir dire conference.
Page 65 | Rule 6.13(A) In Limine Motions
Adjournment & Extension Requirements
Ex parte applications for extensions of time must be submitted to the Court clerk, who presents them to the presiding Appellate Division judge for review.
All ex parte applications for extensions of time or other routine matters must be submitted to the clerk of the Court, who will present the application to the presiding judge of the Appellate Division for review.
Page 15 | D. Ex Parte Applications and Motions
The Court generally grants an agreed continuance when all counsel and self-represented parties agree on the new date and time, provided the reporting party gives the required notice at least two court days before the hearing and files written confirmation before the hearing.
The Court generally will grant a continuance of a hearing on the law & motion calendar if all counsel and parties in propria persona are in agreement that such hearing be continued and are in agreement as to the date and time to which the matter will be continued. To obtain such a continuance, the attorney or unrepresented party reporting the agreement must notify the court calendar coordinator, in person or by telephone, not later than 4:00 P.M., at least two (2) court days before the scheduled hearing. (For example, if the hearing is on a Monday then the telephonic notice must be given no later than 4:00 P.M. on the preceding Thursday.) The notifying party must also file, prior to the date and time of the hearing, a written notice confirming the agreement. Both the telephonic and written notice must state that all counsel and unrepresented parties are in agreement and must state the date and time to which the hearing is continued.
Page 32 | Rule 3.06(A)(1)–(2)
When a law-and-motion hearing is expected to exceed 15 minutes, counsel must notify the calendar coordinator and the opposing side in person or by telephone by the close of the third court day before the hearing; the Court may continue the hearing.
"Extended hearing" means a hearing that requires more than fifteen (15) minutes, total, to present and argue, unless otherwise defined by these Rules. If the attorney for any party determines that a matter set on the law & motion calendar is likely to require more than a total of 15 minutes, counsel must notify the court calendar coordinator and opposing counsel or unrepresented party, in person or by telephone, no later than the close of the third court day prior to the hearing date, that the matter will require an extended hearing, in which case the matter may be continued by the Court to another date and time certain.
Page 33 | 3.06.B Extended Hearing Rule
The Court will allow stipulated extensions beyond the statutory period only upon ex parte application.
Stipulated extensions of time for periods longer than permitted by statute will be allowed by the Court only upon ex parte application
Page 36 | 4.01(A)(2)(c) Case Development Benchmarks
Stipulated extensions of the specified case-development deadlines are not allowed except to the limited extent permitted by CRC Rule 3.110(d).
Except to the limited extent permitted by CRC Rule 3.110(d), no extensions of the aforesaid times that are based on stipulation between the parties will be allowed.
Page 36 | 4.01(A)(2)(b) Case Development Benchmarks
Trial dates may be changed only with Court approval, and motions to advance, reset, specially set, or continue a trial date must be made on written notice to appeared parties and set for hearing.
All dates for trial are firm; no trial date will be changed without Court approval. Motions to advance a trial date, to reset or specially-set a case for trial, or to continue a trial date must be made on written notice to all parties who have appeared, and must be set for hearing.
Page 39 | 4.02 Changing Trial Date Once Assigned; A. Dates for Trial are Firm
A stipulation may replace a motion to continue or reset trial only if all parties agree in writing, it states good cause and that it is subject to Court approval, and it includes a proposed Order.
A stipulation to continue a trial, or to vacate a trial date and calendar the matter for re- setting, may be accepted in lieu of a motion as long as 1) all parties agree in writing; 2) the terms of the written stipulation set forth good cause pursuant to California Rule of Court 3.1332, and further state that the stipulation is subject to approval by the Court; and the stipulation is accompanied by a proposed Order.
Page 40 | 4.02 Changing Trial Date Once Assigned; B. Motions and Stipulations for Continuance of Trial
An arbitration hearing may not be continued beyond 90 days after assignment unless the Court orders an extension on application and for good cause shown.
In no case may an arbitration hearing be continued to a date later than ninety (90) days after the effective date of assignment to the arbitrator, except by order of the Court, made on application and for good cause shown in accordance with Rule 3.817 of the California Rules of Court.
Page 51 | E. Continuances
A motion to continue a preliminary examination is disfavored and requires affirmative proof of statutory good cause and that the ends of justice require a continuance, except when Penal Code §1050(k) applies; party stipulation alone and substitution of counsel alone do not establish good cause.
Unless Penal Code §1050(k) applies, motions to continue a preliminary examination are disfavored, and will be denied unless the moving party, pursuant to and in accordance with Penal Code §1050 and the particular statutes pertaining to continuances of preliminary examinations, presents affirmative proof that there is good cause to continue the preliminary examination and the ends of justice require the continuance. A stipulation by all parties to continue the preliminary examination, by itself, does not constitute good cause. Likewise, substitution of counsel does not automatically constitute good cause for a continuance.
Page 61 | 6.07 B. Continuance of Preliminary Examination
A pre-trial conference may be continued only upon a showing of actual good cause.
The pre-trial conference will not be continued without actual good cause shown.
Page 63 | D. Preparation and Continuances
Continuance motions must be noticed and heard as early as possible and, absent good cause, may not be heard after the pre-voir-dire conference.
Motions for continuances shall be noticed and heard at the earliest possible time, and absent a showing of good cause, shall not be heard after the pre-voir dire conference.
Page 65 | Rule 6.13(B) Motions for Continuance
A party must request an infraction-trial continuance at least five court days in advance; a later continuance may be granted if required in the interests of justice or for good cause.
No continuance of a trial on an infraction will be permitted unless the party who wants the continuance requests same at least five (5) court days in advance of the scheduled date; no continuance will be granted thereafter, unless required in the interests of justice and/or if good cause is shown.
Page 77 | 7.05 Continuances
The party who requested an official court reporter must notify the court manager and reporter’s office at least 24 hours before a proceeding that is settled, continued, or otherwise will not proceed as calendared.
If the proceeding for which an official court reporter has been requested is settled or continued, or for any other reason does not go forward as calendared, it is the duty of the party who requested the reporter to so notify both the court manager and the office of the official court reporter, not later than 24 hours prior to the scheduled proceeding.
Page 13 | 2.02(C) Effect of Settlement on Deposit for Official Court Reporter
Upon receiving the telephonic notice, the court calendar coordinator will notify the appropriate judge of the agreement to continue. If for any reason the judge will not grant the continuance, the court calendar coordinator will immediately convey that information to the reporting attorney or party. In the absence of such response, counsel and parties can assume that the continuance is approved.
Upon receiving the telephonic notice, the court calendar coordinator will notify the appropriate judge of the agreement to continue. If for any reason the judge will not grant the continuance, the court calendar coordinator will immediately convey that information to the reporting attorney or party. In the absence of such response, counsel and parties can assume that the continuance is approved.
Page 32 | Rule 3.06(A)(3)
Violations of the continuance rule may result in sanctions under the cited authorities or other appropriate authority.
Violations of this Rule may result in the imposition of sanctions pursuant to Rule 2.30 of the California Rules of Court, Code of Civil Procedure §177.5, or any other appropriate authority.
Page 32 | Rule 3.06(A)(4)
If the plaintiff contacts the Court prior to the hearing date, the hearing date will be continued for a reasonable amount of time to allow for proper service upon the defendant.
If the plaintiff contacts the Court prior to the hearing date, the hearing date will be continued for a reasonable amount of time to allow for proper service upon the defendant.
Page 55 | 5.13 Small Claims Court; Appearance by Plaintiff; Dismissal
A small claims action with no plaintiff appearance at the scheduled hearing will be dismissed without prejudice unless the plaintiff complies with the statutory requirements for requesting a continuance.
The Court will dismiss, without prejudice, any small claims action for which there is no appearance by the plaintiff at the scheduled hearing, unless the plaintiff complies with the requirements of Code of Civil Procedure Section 116.570 as to requesting a continuance.
Page 55 | 5.13 Small Claims Court; Appearance by Plaintiff; Dismissal
When an uncounseled defendant at arraignment is hiring or attempting to hire private counsel, the case may be continued for counsel and an initial plea, but not beyond 14 calendar days after first appearance absent good cause.
In cases in which a defendant appears at arraignment without counsel and advises the Court that he or she is in the process of hiring or attempting to hire private counsel, the case may be continued for appearance of counsel and initial plea; the continuance will not extend beyond fourteen (14) calendar days from the date of first appearance, absent a showing of good cause for a later appearance.
Page 60 | 6.04 E. Continuance to Obtain Counsel
The Court disfavors continuance requests unless good cause is shown.
The Court looks with disfavor on requests for continuances, unless good cause is shown.
Page 83 | Rule 8.02, E. Continuances
A regularly set matter found not ready at the hearing will be continued at the Court’s discretion, and after a second continuance it may be removed from calendar or denied without prejudice unless a further-continuance application is granted following personal appearance in court.
On the call of the calendar, any regularly-set matter that is found to be “not ready for hearing” will be continued until a future date, to be determined at the Court’s discretion. A matter is considered to be not ready if the pleading, notice of hearing, or documents purporting to cure discrepancies therein are not filed by the hearing date. If the matter is not ready by the time of any second continuance, it may be ordered off-calendar or denied without prejudice, unless an application for a further continuance, made upon the personal appearance in court of counsel or self-represented party is granted.
Page 99 | 9.02 Settings and Assignments; Continuances — B. Continuances
The Court may continue the proceeding for up to 30 days when necessary to appoint counsel and allow counsel to become familiar with the case.
The Court may continue the proceeding for not more than 30 days, as necessary, to appoint counsel and to enable counsel to become acquainted with the case.
Page 152 | Appendix 7: Citation to Parent
Chambers Communication Rules
Contested ex parte matters or matters requiring appearances require prior judicial-officer approval and must be scheduled by the calendar clerk as early as possible, no later than noon on the preceding court day unless good cause is shown; the applicant must contact the clerk and give notice.
For ex parte matters that are contested or that require appearances, hearings will be conducted at 1:30 P.M. daily, in the courtroom assigned for hearing by the calendar clerk of the Court, upon prior approval by a judicial officer Such matters must be scheduled for hearing by the calendar clerk as early as possible before the requested hearing, but not later than 12:00 P.M. (noon) of the preceding court day, unless good cause is shown. The applicant is responsible for contacting the calendar clerk to schedule the hearing and for giving notice thereof.
Page 28 | 3.03.C(1)(b)
The Court will not consider ex parte communications unless made as prescribed by applicable rules or law, and applications for ex parte relief must never be made by letter.
The Court will not consider any ex parte communications from counsel or unrepresented parties unless made in the manner prescribed by these Rules, by the California Rules of Court, or by the laws of this State. Applications to the Court for ex parte relief must never be made by letter.
Page 28 | 3.03.C(2)
When a case with a trial date settles, attorneys or unrepresented parties must immediately notify the Court, with the plaintiff bearing the primary obligation; telephone notice to the clerk is permitted but must be followed within five days by a confirmation letter copied to all parties.
Whenever a case that has been assigned a trial date settles, the attorneys or unrepresented parties must immediately notify the Court of the settlement. The plaintiff bears the primary obligation to so notify the Court. Notification may be by telephone to the clerk, but, in such case, must be followed within five (5) days by a confirmation letter, copied to all parties.
Page 40 | 4.04 Duties if Case Settles
For an after-hours defense request for bail or O.R., the requesting party must arrange for a Deputy District Attorney to be available by telephone before contacting the Court.
When a defense request for bail or O.R. is made after normal court hours, the requesting party, before contacting the Court, must arrange for the telephone availability of a Deputy District Attorney.
Page 58 | 6.02.A.3(b) Requests For Bail or Release on Own Recognizance
Conflicted counsel must contact the Criminal Court clerk for re-calendaring as soon as possible and no later than seven calendar days after discovering the conflict.
As soon as possible, and in any event no later than seven (7) calendar days after the Public Defender or a conflict Public Defender has discovered a conflict, conflicted counsel must contact the clerk of the Criminal Court for re-calendaring on the next available court date so that the conflict may be declared and substitute counsel appointed.
Page 60 | 6.04 D. Conflict of Counsel
To set a hearing on a probation-term modification, the defendant or counsel must contact the Criminal Court Clerk; the hearing is set before the sentencing bench officer on that officer’s regular calendar.
In any case in which the Court has not lost jurisdiction and the defendant or counsel seeks modification of a term of probation, including a jail term, the defendant or counsel must contact the Clerk of the Criminal Court in order to set a hearing before the bench officer who imposed the sentence with notice to the opposing party. The matter will be set on a regular calendar over which that bench officer presides.
Page 69 | Rule 6.17
For a detention hearing scheduled outside the times specified in Rule 11.02.B, the detaining agency must notify the Court’s Calendar Coordinator by 3:00 PM on the preceding court day.
If a juvenile justice detention matter must be heard at any time other than as set forth in this Rule 11.02.B, the detaining agency must give notice to the Court’s Calendar Coordinator by no later than 3:00 PM on the court day before the proposed hearing, so that the Coordinator can reserve a bench officer, a reporter, and security personnel.
Page 132 | 11.02.B Detention Hearings in Juvenile Justice Proceedings
The Criminal Division fax filing number is (530) 572-4015.
Fax filing number for the Criminal Division is (530) 572-4015.
Page 23 | 2.24 Facsimile (FAX) Filing in Criminal Matters
Interested persons may call the Court’s Calendar Coordinator or the Civil/Juvenile Division to confirm the date and time of a calendared juvenile justice matter.
Interested persons can confirm the date and time of a calendared juvenile justice matter by calling the Court’s Calendar Coordinator or the Civil/Juvenile Division.
Page 132 | 11.02.A Juvenile Justice Master Calendar