Siskiyou Superior Court Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

1 court days

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.

CRITICAL

Deadline

1 court days

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.

WARNING

Upon filing a stepparent adoption petition, the Clerk must immediately notify the Child Custody Counselor.

The Clerk of the Court will immediately notify the Child Custody Counselor of the filing of the petition, who will report the circumstances to the Court as provided in Family Code §7850.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

If the plaintiff fails to file the trial-setting memorandum, an order to show cause re status will issue within 10 days after the memorandum was due.

Failure of the plaintiff to comply with the aforesaid requirement will result in the issuance of an order to show cause re status; the OSC will be issued within 10 days of the date that the trial-setting memorandum was due.

WARNING

The filing time for a sentence-modification request is governed by California Rule of Court 4.111, unless otherwise ordered or provided by law.

The time for filing and the manner of service of a request for sentence modification must be as set forth in Rule 4.111 of the California Rules of Court unless otherwise ordered or specifically provided by law.

WARNING

Deadline

10 working days

DCSS document processing must take no more than ten working days from filing, or occur immediately upon a qualifying urgent request with adequate notice.

The minimum time processing standards for all documents filed with the court by DCSS shall not exceed either: (1) ten (10) working days of filing or (2) immediately, upon request for a specific filing in exceptional circumstances with adequate notice to the court with a showing of urgency.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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;

CRITICAL

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.

CRITICAL

Deadline

15 calendar days

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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,

CRITICAL

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.

CRITICAL

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.

CRITICAL

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:

CRITICAL

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.

CRITICAL

Deadline

24 hours

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.

CRITICAL

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.

CRITICAL

Deadline

3 court days

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.

CRITICAL

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:

CRITICAL

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.

CRITICAL

Deadline

3 court days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

30 calendar days

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).

CRITICAL

Deadline

45 calendar days

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.

CRITICAL

Deadline

5 court days

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.

CRITICAL

Deadline

5 court days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

For a court trial, if the proof of service complies and no jury trial is demanded, the clerk assigns the earliest available trial date within the next 20 days, but not sooner than 5 days after the trial-setting memorandum is filed, and promptly gives written notice.

Court Trials. After the trial-setting memorandum is filed, and if the proof of service complies with these Local Rules in all respects, and if no jury trial is demanded, then the clerk, no sooner than five (5) days thereafter, will assign the case for court trial on the earliest available date within the next twenty (20) days, and will promptly notify all parties in writing of the trial date.

WARNING

If a jury trial is demanded, the clerk assigns the earliest available settlement conference date within the next 10 days and the earliest jury trial date within the next 20 days, and promptly gives written notice of both dates.

Jury Trials. If a jury trial is demanded, then the clerk will assign the earliest available date for settlement conference (to be held within the next ten (10) days), and will assign the earliest jury trial date within the next twenty (20) days, and will promptly notify all parties in writing of both dates.

WARNING

Within six months after entry of a clerk's judgment for restitution, the plaintiff must set an ex parte prove-up hearing unless the money damages are dismissed.

Within six months after a clerk's judgment for restitution is entered, the plaintiff must set the case for ex parte prove-up hearing, unless the money damages are dismissed.

WARNING

An arbitrator must file a written declination within 15 days after the administrator’s appointment notice; failure to do so conclusively constitutes acceptance.

The arbitrator will have fifteen (15) days, from the date of the administrator’s notice of the appointment, to file a written declination of the appointment. Failure to file a declination will be conclusive of the arbitrator's acceptance of the appointment.

WARNING

Deadline

5 court days

Trial briefs and memoranda are optional, but if used must be filed and served at least five court days before trial.

Trial briefs and memoranda of points & authorities are not required. If utilized, however, those documents must be served and filed at least five (5) court days prior to the trial.