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.

Source text: 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.

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.

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

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.

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.

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.

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.

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

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.

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.

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.

Source text: 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.

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

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.

Source text: 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.

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

Source text: 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.

Source text: 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).