California Judicial Branch - Statewide Rules and Forms Filing Timing and Cure Windows

The effective date of filing for electronically received documents is set by Code of Civil Procedure section 1010.6, and electronic documents must meet all legal requirements to be official records.

Source text: 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.

Parties have 10 calendar days after notice is served to oppose a court-initiated electronic filing order, or a later time specified by the court.

Source text: 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.

New parties ordered to electronically file documents may object within 10 calendar days after service of the order, or a later time specified by the court.

Source text: 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.

Original signed documents must be made available for inspection and copying within 5 days of service of a demand for production.

Source text: 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.

Proof of service for moving papers must be filed at least five court days before the scheduled hearing.

Source text: Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.

Complaint must be filed before TRO or OSC if action is initiated same day as the request.

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

Proposed order and undertaking must be submitted within one court day of preliminary injunction grant, or TRO may be vacated.

Source text: whenever an application for a preliminary injunction is granted, a proposed order must be presented to the judge for signature, with an undertaking in the amount ordered, within one court day after the granting of the application or within the time ordered. If the proposed order and the undertaking required are not presented within the time allowed, the TRO may be vacated without notice.

Clerk must not reject ex parte applications for filing even if rule 3.1203 requirements are not met, and must promptly present the application to the appropriate judicial officer.

Source text: 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.

Papers cannot be rejected for filing solely due to being untimely; late papers refused by the court must be noted in minutes or order.

Source text: 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.

Papers submitted before the clerk's office closes on their due date are deemed timely filed.

Source text: 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.

E-filed papers received before midnight on a court day are deemed filed that day per local rule.

Source text: 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.

Prevailing party must promptly transmit approved proposed order to court with response summary or statement of no responses after 5-day approval period.

Source text: The prevailing party must, upon expiration of the five-day period provided for approval, promptly transmit the proposed order to the court together with a summary of any responses of the other parties or a statement that no responses were received.

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

Source text: 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.

Source text: 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.

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

Source text: 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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

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

Source text: 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.

Source text: 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.

Source text: 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.

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

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

Electronic filing of a document does not change any applicable filing deadline.

Source text: Filing a document electronically does not alter any filing deadline.

Electronic copies of original documents may be filed if the original is submitted within 10 calendar days.

Source text: 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.

Court must promptly send e-filers confirmation of receipt for e-filed documents with date and time, and receipt is deemed at confirmation creation time.

Source text: 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.

Court must promptly send e-filers filing confirmation with date/time, transaction number, document titles, and fees when e-filed doc complies with requirements and fees are paid; confirmation is proof of filing.

Source text: 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. The filing confirmation must also specify: (A) Any transaction number associated with the filing; (B) The titles of the documents as filed by the court; and (C) The fees assessed for the filing.

Court must promptly send e-filers notice of rejection with reasons if e-filed document is rejected for non-compliance or unpaid fees.

Source text: 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.

If court e-filing system tech issue prevents filing on a court day, and filer proves attempt to file that day, court must deem document filed that day, except for initial pleadings.

Source text: 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.

No presumption of receipt or filing without court confirmation; e-filer is responsible for verifying receipt and filing of e-submitted documents.

Source text: 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.