Tuolumne Superior Court Filing Timing and Cure Windows

WARNING

An order-to-show-cause hearing should be held approximately 30 days after issuance to allow time for mailing.

A hearing on an order to show cause for violation of these rules shall be held by the assigned judge approximately thirty (30) days after issuance of the order to show cause to allow time for mailing.

WARNING

The opposition and reply deadlines do not apply to requests to shorten time or ex parte applications and do not alter the statutory timing requirements for summary judgment and adjudication.

These requirements do not apply to requests for orders shortening time or ex parte applications, and they do not affect the timing requirements of the summary judgment and adjudication statute, Code of Civil Procedure section 437c.

WARNING

The clerk assigns a new probate case number when the initiating document is filed, and case numbers cannot be reserved in advance.

The clerk’s office will assign a case number to a new probate case at the time the document initiating the case is filed. New case numbers may not be reserved in advance.

CRITICAL

An applicant seeking ex parte relief must file moving papers before the hearing.

The applicant must file his or her moving papers in advance of the hearing.

CRITICAL

Deadline

15 calendar days

Each party must file and serve a completed case management statement using the mandatory Judicial Council form no later than 15 calendar days before the scheduled CMC.

a. Statement: No later than fifteen (15) calendar days before a scheduled case management conference, each party shall file with the Court and serve on all other parties a completed case management statement, using the mandatory Judicial Council form.

CRITICAL

Deadline

10 court days

A written response to an order to show cause must be filed at least 10 court days before the hearing.

Written response to order to show cause must be filed no later than ten (10) court days in advance of the hearing on the order to show cause.

CRITICAL

Deadline

3 calendar days

An opposition to a conference request must be filed within three calendar days after receipt of the request.

The opposition to a Request must be made using local form TUO-CV-300, must be filed within three (3) calendar days of receipt of the Request

CRITICAL

The deadline to make a motion to compel or other discovery motion on the disputed issues is tolled from filing the conference request until it is denied or deemed denied, unless the Court extends the tolling period by order.

The time for making a motion to compel or other discovery motion regarding the disputed issues is tolled from the date of filing of the Request until the Request is denied or deemed denied, unless extended by order of the Court.

CRITICAL

Deadline

1 court days

Trial briefs must be submitted no later than one court day before trial, unless the Court orders an earlier submission.

Briefs shall be submitted to the Court and opposing counsel no later than one court day preceding the date set for trial, unless the Court orders submission at an earlier date.

CRITICAL

The first-day jury fee deposit in civil cases other than unlawful detainer actions must be received no later than 25 days before trial.

b. Jury Deposit: In civil cases, other than unlawful detainer actions, the first days jury fee deposit of $150 must be received by the clerk’s office no later than twenty-five (25) days prior to trial.

CRITICAL

The first-day jury fee deposit in unlawful detainer actions must be received no later than 5 days before trial.

In unlawful detainer actions, the first day’s jury fee deposit of $150 must be received by the clerk’s office no later than five (5) days prior to trial.

CRITICAL

Deadline

9 court days

Opposition papers to a calendared motion must be filed with the clerk by 3:00 p.m. at least nine court days before the hearing, excluding the hearing day.

The responsive papers in opposition to a calendared motion must be filed with the clerk by 3:00 p.m., no later than nine (9) court days prior to the date of hearing (not counting the day of the hearing).

CRITICAL

Deadline

5 court days

The moving party must file reply papers at least five court days before the hearing, excluding the hearing day.

Any reply papers to the opposition must be filed by the moving party no later than five (5) court days prior to the designated hearing date (not counting the day of the hearing).

CRITICAL

Deadline

2 court days

Unless the Court orders otherwise, opposition papers on a motion proceeding under an order shortening time must be served and filed by noon two court days before the hearing.

Unless otherwise ordered, if a motion is filed pursuant to an order shortening time, all papers opposing the motion shall be served and filed by noon two (2) court days before the time appointed for the hearing.

CRITICAL

Deadline

15 calendar days

The declarations must be filed with the court no later than 15 calendar days before trial.

Parties to a contested dissolution action that has been assigned a date for trial shall each file with the court and serve on the other party, no later than fifteen (15) calendar days before the trial, a completed current income and expense declaration and current property declaration on the forms prescribed by the Judicial Council.

CRITICAL

Deadline

5 calendar days

The parties must file and serve the required trial brief no later than 5 calendar days before trial.

No later than five (5) calendar days before the trial, the parties shall file with the court and serve on the other party a trial brief of issues, contentions and proposed disposition of the case in the form required by subdivision (b) hereafter.

CRITICAL

Deadline

7 court days

Telephone-appearance requests under rule 5.9 must be filed no later than seven court days before the hearing, conference, or proceeding, except that child-support actions involving a local child support agency are governed by California Rules of Court, rule 5.324.

Any request for telephone appearance pursuant to rule 5.9 shall be made on Judicial Council form FL-679 (Request for Telephone Appearance), which is hereby adopted for this use in non-governmental family law cases; filed no later than seven (7) court days prior to the hearing, conference, or proceeding at which telephone appearance is requested;

CRITICAL

Deadline

3 court days

A response to a telephone-appearance request must be filed no later than three court days before the hearing, conference, or proceeding.

Any response to a request for telephone appearance shall be filed and served on the requestor and all other parties no later than three (3) court days prior to the hearing, conference, or proceeding.

CRITICAL

Deadline

15 calendar days

Probate petitions generally must be filed at least 15 calendar days before the hearing, subject to the stated exceptions.

All petitions must be filed with the clerk’s office at least fifteen (15) calendar days prior to the hearing, except as follows:

CRITICAL

Deadline

30 calendar days

Matters filed under Probate Code section 17200 et seq. must be filed at least 30 calendar days before the hearing.

Matters filed under Probate Code section 17200 et seq. shall be filed at least thirty (30) calendar days prior to the hearing.

CRITICAL

Petitions to compromise a minor’s claim under the specified statutes must be filed at least seven days before the hearing.

Petitions for compromise of a minor’s claim under Probate Code section 3500 and Code of Civil Procedure section 372 shall be filed with the Court at least seven (7) days prior to the hearing.

CRITICAL

Deadline

3 court days

Counsel must submit proposed orders by the third court day before the hearing, except for confirmation of sales, contested matters, and orders requiring governmental-agency information.

Except in the case of confirmation of sales, contested matters, and orders requiring information from a governmental agency, counsel shall submit the order no later than the third (3rd) court day prior to the hearing date.

CRITICAL

The acknowledged blocked-account receipt must be filed with the clerk within ten days after the deposit.

A receipt acknowledged by the financial institution indicating that (1) the cash and/or securities have been deposited in a blocked account and (2) the financial institution agrees that no withdrawal or withdrawals shall be made without prior court order must be filed with the clerk’s office within ten (10) days after the date of deposit.

CRITICAL

A signed declination must be filed before the hearing date if a nominated executor declines to act.

If a nominated executor declines to act, a signed declination must be filed prior to the hearing date.

CRITICAL

The original will or codicil must be lodged with the Court before or concurrently with filing the probate petition.

When a petition for probate of a will or codicil is filed, the original of the document being offered for probate shall be lodged with the Court prior to or concurrently with the filing of the petition.

CRITICAL

Deadline

2 court days

A courthouse-posting request must be filed at least two court days before posting must begin.

The request shall be filed at least two court days prior to the date on which the posting must begin in order to allow the clerk’s office sufficient time to process the request and post the notice.

CRITICAL

Deadline

10 court days

To qualify for recommended-for-approval status, all supporting documents and a proposed order must be submitted to the clerk at least 10 court days before the calendared hearing.

To qualify for recommended-for-approval status, all supporting documents and a proposed order must be submitted to the clerk’s office at least ten (10) court days before the calendared hearing.

CRITICAL

Deadline

10 calendar days

Applies to

Motion

A noticed motion and proof of service to the district attorney must be filed at least 10 calendar days before the hearing.

In order to set the matter for hearing, a noticed motion with proof of service to the district attorney must be filed at least ten (10) calendar days before the date set for hearing.

CRITICAL

The Court must be promptly advised of proposed settlements, admissions, or submissions of the entire hearing on reports.

The Court shall be promptly advised of any proposed settlements, admissions, or submissions of the entire hearing on reports.

CRITICAL

The Court must review a complaint within ten days of receipt.

The Court shall review any complaint within ten (10) days of receipt

CRITICAL

If the Court orders a complaint hearing, it must be held as soon as practical.

If ordered, the hearing shall be held as soon as is practical.

WARNING

Deadline

10 court days

For civil trials, the request must be filed no later than 10 court days before trial begins.

For civil trials, the request shall be filed no later than 10 court days prior to the commencement of trial.

WARNING

Unless otherwise noted, days mean calendar days, and an act due on a weekend or court holiday is due the next court day.

References to “days” mean calendar days, unless otherwise noted. If the date for for performing any act falls on a Saturday, Sunday, or court holiday, then the time for performing that act shall be extended to the next court day.

WARNING

If opposition papers are late, the Court may treat objections as waived and the motion as meritorious, and may grant the motion.

If opposition papers are not timely filed, the Court, in its discretion, may deem it a waiver of any objections and treat it as an admission that the motion or other application is meritorious. The Court, in its discretion, may grant the motion.

WARNING

Late opposition generally will not prevent the matter from being heard on the timely filed papers, unless the Court finds good cause to continue it.

Because the Court reviews calendared matters beforehand, if opposition papers arrive late, the matter will be heard and decided on the bases set forth in the papers timely filed, unless the Court, in its discretion and for good cause shown, decides to continue the matter.

WARNING

If the hearing notice is shortened to two days or less, opposition papers may be presented in court on the hearing day.

If the notice of the hearing has been shortened to two (2) days or less, papers opposing the motion may be presented in court on the day of the hearing.

WARNING

During a juvenile dependency proceeding, the minor’s counsel or any interested person may notify the Court as soon as reasonably possible about a minor’s interest or right that may need protection or pursuit in another forum.

At any time during a juvenile dependency proceeding, counsel for the minor or any interested person may notify the Court that the minor may have an interest or right that needs to be protected or pursued in another judicial or administrative forum as soon as it is reasonably possible for counsel to do so.

WARNING

A defendant who received a written infraction notice may plead not guilty in writing before the required appearance time instead of appearing in person.

Any defendant who has received a written notice to appear for an infraction may, prior to the time at which he or she is required to appear, plead not guilty in writing in lieu of appearing in person.