California Rules of Court Filing Timing and Cure Windows

Moving and supporting papers must be served and filed according to CCP section 1005 unless the court orders otherwise or law provides otherwise.

Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Code of Civil Procedure section 1005 and, when applicable, the statutes and rules providing for electronic filing and service.

A paper is deemed timely filed if submitted before the courtroom closes to the public on the day on which the paper is due.

A paper submitted before the close of the clerk's office to the public on the day the paper is due is deemed timely filed.

A court may adopt a local rule that electronic filings received before midnight on a court day are deemed filed that same court day.

Under rules 2.253(b)(7) and 2.259(c), a court may provide by local rule that a paper that is required to be filed electronically and that is received electronically by the court before midnight on a court day is deemed filed on that court day.

Even if the applicant failed to comply with rule 3.1203, the clerk must not reject an ex parte application for filing and must promptly present it to the appropriate judicial officer for consideration.

Notwithstanding the failure of an applicant to comply with the requirements of rule 3.1203, the clerk must not reject an ex parte application for filing and must promptly present the application to the appropriate judicial officer for consideration.

A document is deemed filed on the date and time specified in the court's filing confirmation.

If the document received by the court under (1) complies with filing requirements and all required filing fees have been paid, the court must promptly send the electronic filer confirmation that the document has been filed. The filing confirmation must indicate the date and time of filing and is proof that the document was filed on the date and at the time specified.

If a court e-filing system outage prevents acceptance, a document is deemed filed on the day of the demonstrated filing attempt, except for complaints and initial pleadings.

If a technical problem with a court's electronic filing system prevents the court from accepting an electronic filing on a particular court day, and the electronic filer demonstrates that he or she attempted to electronically file the document on that day, the court must deem the document as filed on that day. This subdivision does not apply to the filing of a complaint or any other initial pleading in an action or proceeding.

Order confirming sale of real estate will not be filed until required bond is filed.

If a bond or additional bond is required in an order confirming sale of real estate, the court must not file the order until the additional bond is filed.

Parties must serve and file timely written objections or responses when a matter is continued, or risk waiver of same.

If the court continues a matter to allow a written objection or response to be made, and the responding or objecting party fails to serve and file a timely objection or response, the court may deem the objections or responses waived.

Deadline

35 calendar days

Expedited approval petitions must be determined within 35 days of filing, unless a hearing is required or time is extended for good cause.

A petition for expedited approval must be determined by the court not more than 35 days after it is filed, unless a hearing is requested, required, or scheduled under (c), or the time for determination is extended for good cause by order of the court.

Guardians must file status reports no later than one month after the anniversary of their appointment order.

Each guardian required by the court to complete, sign, and file the status report authorized by Probate Code section 1513.2 must file the completed and signed report no later than one month after the anniversary of the date of the order appointing him or her as guardian. Co-guardians may sign and file their reports jointly.

Deadline

30 calendar days

Post-move notice of ward residence change must be filed with the court within 30 days of the change.

The guardian of the person of a minor must file a notice of a change of the ward’s residence with the court within 30 days of the date of any change.

Deadline

30 calendar days

Post-move residence notices must be filed within 30 days of change, with proof of mailing.

The conservator must file a notice of the change of the conservatee’s residence with the court within 30 days of the date of the change. Unless waived by the court for good cause to prevent harm to the conservatee, the conservator must mail a copy of the notice to the persons named below and file a proof of mailing with the original notice filed with the court.

Appointed attorneys must notify the court in writing within five court days of State Bar disciplinary action, detailing charges, disposition, and terms.

An appointed attorney must notify the court in writing within five court days of any disciplinary action taken against the attorney by the State Bar of California. The notification must describe the charges, disposition, and terms of any reproof, probation, or suspension.

Oppositions to motions to seal under section 5976.5(e) must be filed within 10 court days of service.

Any opposition to the motion must be filed within 10 court days of the date of service in (2).

Court must provide at least five court days’ notice of hearing on motion to seal if opposition is filed.

The court may grant the motion without a hearing or, if timely opposition is filed, set a hearing on the motion, and provide at least five court days’ notice to all parties.

Deadline

60 calendar days

Transferring court must inquire about transferred proceeding if no receipt notice is received within 60 days of transfer order.

If the transferring court has not received a notification of receipt within 60 days of the transfer order, it must make a reasonable inquiry into the status of the transferred proceeding.

At least five court days’ notice of initial appearance must be given to specified parties.

The county must give at least five court days’ notice of the date, time, and location of the initial appearance under section 5977(b) to the respondent and the respondent’s counsel, the petitioner and the petitioner’s counsel unless the county behavioral health agency is the petitioner, and, if the respondent does not reside in the county where the petition is filed, the county behavioral health agency in the respondent’s county of residence and the agency’s counsel.

At least five court days’ notice of post-initial appearance hearings must be given to specified parties.

The county must give at least five court days’ notice of any hearing after the initial appearance to the respondent, the respondent’s counsel, any local government entity the court has joined as a party to the proceedings, and, with the respondent’s express consent given in writing or orally in court, the respondent’s supporter.

Deadline

15 calendar days

Hearing on order to show cause to join local government entity must be set no fewer than 15 calendar days after order issuance.

Set the hearing on the order to show cause no fewer than 15 calendar days after the date of the order’s issuance.

When an action is initiated the same day a TRO or OSC is sought, the complaint must be filed before the TRO or OSC application.

If the action is initiated the same day a TRO or an OSC is sought, the complaint must be filed first.

Deadline

10 calendar days

When an electronic copy is filed in an original-document proceeding, the original must be filed within 10 calendar days.

In a proceeding that requires the filing of an original document, an electronic filer may file an electronic copy of a document if the original document is then filed with the court within 10 calendar days.

The effective date of filing for electronically received documents is prescribed by Code of Civil Procedure section 1010.6, and such documents must satisfy all legal filing requirements to become official court records.

The effective date of filing any document received electronically is prescribed by Code of Civil Procedure section 1010.6. This provision concerns only the effective date of filing. Any document that is received electronically must be processed and satisfy all other legal filing requirements to be filed as an official court record.

Deadline

10 calendar days

On the court's own motion for court-ordered e-filing, the court must mail notice to non-consenting parties, may e-serve consenting parties, and any party may file an opposition within 10 days after notice.

If the court proposes to make any order under (1) on its own motion, the court must mail notice to any parties that have not consented to receive electronic service. The court may electronically serve the notice on any party that has consented to receive electronic service. Any party may serve and file an opposition within 10 days after notice is mailed or electronically served or such later time as the court may specify.

Deadline

10 calendar days

A newly added party ordered to electronically file documents may object within 10 days after service of the order, or by such later time as the court may specify.

If the court has previously ordered parties in a case to electronically file documents and a new party is added that the court determines should also be ordered to do so under (1), the court may follow the notice procedures under (2) or may order the party to electronically file documents and in its order state that the new party may object within 10 days after service of the order or by such later time as the court may specify.

Papers must not be rejected solely because they were untimely filed, but if the court declines to consider a late paper, it must say so in the minutes or order.

No paper may be rejected for filing on the ground that it was untimely submitted for filing. If the court, in its discretion, refuses to consider a late filed paper, the minutes or order must so indicate.

Deadline

5 calendar days

The other parties have five days after service to notify the prevailing party whether they approve the proposed order, and failure to respond is deemed approval.

Within five days after service, the other party or parties must notify the prevailing party as to whether or not the proposed order is so approved. The opposing party or parties must state any reasons for disapproval. Failure to notify the prevailing party within the time required shall be deemed an approval.

Statutory or rule-based extensions of time based on the method of service do not apply to the five-day periods in this rule.

The extensions of time based on a method of service provided under any statute or rule do not apply to this rule.

Deadline

5 calendar days

Within five days of service of a production demand, the party must make the original signed document available for inspection and copying by all other parties.

Within five days of service of the demand under (A), the party or other person on whom the demand is made must make the original signed document available for inspection and copying by all other parties.

After reviewing documents, the court must promptly send the filer and the filing service provider either a confirmation of filing or a notice of rejection, per rule 2.259.

After reviewing the documents, the court must promptly transmit to the electronic filing service provider and the electronic filer the court's confirmation of filing or notice of rejection of filing, in accordance with rule 2.259.

The electronic filer is responsible for verifying that the court received and filed an electronically submitted document.

In the absence of the court's confirmation of receipt and filing, there is no presumption that the court received and filed the document. The electronic filer is responsible for verifying that the court received and filed any document that the electronic filer submitted to the court electronically.

The court must promptly send the electronic filer a notice stating the reasons a document was rejected for filing.

If the clerk does not file a document because it does not comply with applicable filing requirements or because the required filing fee has not been paid, the court must promptly send notice of the rejection of the document for filing to the electronic filer. The notice must state the reasons that the document was rejected for filing.

Unless otherwise ordered, a previously granted restraining order remains in effect during the time allowed for presenting the order of injunction and undertaking.

Unless otherwise ordered, any restraining order previously granted remains in effect during the time allowed for presentation for signature of the order of injunction and undertaking.

If the proposed order and required undertaking are not presented within the time allowed, the TRO may be vacated without notice.

If the proposed order and the undertaking required are not presented within the time allowed, the TRO may be vacated without notice.

Submitting a document electronically does not change any applicable filing deadline.

Filing a document electronically does not alter any filing deadline.

An electronic filing service provider must promptly send the filer a receipt confirmation, to the filer's electronic service address, indicating the date and time the document was received.

An electronic filing service provider must promptly send to an electronic filer its confirmation of the receipt of any document that the filer has transmitted to the provider for filing with the court. The electronic filing service provider must send its confirmation to the filer's electronic service address and must indicate the date and time of receipt, in accordance with rule 2.259(a).

A document is considered received at the date and time the court's confirmation of receipt is created.

When a court receives an electronically submitted document, the court must promptly send the electronic filer confirmation of the court's receipt of the document, indicating the date and time of receipt. A document is considered received at the date and time the confirmation of receipt is created.