Lake Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Filings > 50 pages
- Within 7 Court Days
Summary Adjudication Motions, Anti SLAPP Motions
- Within 7 Court Days
Adjournments
- A request to shorten time or continue a scheduled hearing will not be granted without a declaration showing good cause why the matter cannot be heard on regular notice.
- Criminal hearings and trials proceed as scheduled absent good cause, and a continuance requires proof of good cause under Penal Code §1050; counsel's stipulation alone does not necessarily establish good cause.
- A noticed conference may be continued only by order of the presiding civil judge, and a continuance request must include a stipulation and a declaration stating the reason.
- +5 more
Request must include
- After the parties have been served, a continuance request must be made in writing at least ten days before the scheduled court date.
Page & Word Limits1 rule
(b) Trial Memorandum. Each party may submit a trial memorandum, not to exceed seven (7) pages, setting forth a statement of the nature of the case, the general contentions of the party submitting the statement and a memorandum of points and authorities (not to exceed fifteen (15) pages) upon any unusual questions of law anticipated to be presented. The original of this document shall be filed, and a copy served on all parties, no later than seven (7) court days prior to the scheduled date of trial. Parties in unlawful detainer trials may submit a trial memorandum.
- Trial memorandum
- Up to 7 pages per party
- Memorandum of points and authorities
- Up to 15 pages
Document Format Requirements10 rules
Any motions in limine must be in writing and filed and served at the earliest opportunity, but not later than the commencement of the trial assignment hearing. (eff. 1/1/2010, amd. 7/1/2019)
- Motion in limine
Formatting
- •Must be in writing
The exhibits to be lodged with the court shall be enclosed entirely in a closed and sealed envelope(s) with the case name and number displayed on the cover.
Electronic audio or video recording evidence must be presented on a flash drive or disc
The exhibits shall be assembled and collated in their anticipated order of presentation.
The duplicate exhibits presented in the case shall be of the same quality and detail.
Exhibits consisting of pictures or photographs, in any form, shall be an exact duplicate copy.
Electronically filed papers must be searchable PDFs with OCR, viewable in a standard PDF viewer, and comply with applicable text and form requirements, including for exhibits.
- File type
Court's wording
All papers submitted for electronic filing shall be in a text searchable Portable Document Format (PDF) containing Optical Character Recognition (OCR) technology and viewable by any standard PDF Viewer. Papers submitted for electronic filing must comply with all text and form requirements generally applicable to the filing of papers including exhibits to any filing.
All accounts filed in probate proceedings, which shall include estates, guardianship, conservatorship and testamentary trust accounts, shall conform to California Probate Code § 1061 through 1064 as they may be amended, and to the extent possible shall be set forth on forms approved by the Judicial Council.
- Account
Formatting
- •Accounts must conform to California Probate Code §§ 1061–1064, as amended
Exhibits shall be presented in paper form, as opposed to electronic form, whenever possible.
The inclusion of hyperlinks in any filing is permitted only if the hyperlink is active and formatted to standard citation format under CRC, Rule 1.200.
Document Filing Requirements102 rules
All parties must file the first case management conference statement on a Judicial Council-approved form; further statements are required only if ordered by the court.
Court's wording
NO LATER THAN 15 DAYS PRIOR TO THE FIRST CASE MANAGEMENT CONFERENCE ALL PARTIES ARE REQUIRED TO FILE A CASE MANAGEMENT CONFERENCE STATEMENT ON A FORM APPROVED BY THE JUDICIAL COUNCIL. FURTHER CASE MANAGEMENT CONFERENCE STATEMENTS ARE NOT REQUIRED UNLESS ORDERED BY THE COURT. (EFF. 1/1/2009)
The moving party on any motion, petition or demurrer shall provide a form of order, ruling, or judgment consistent with the relief requested in the moving
Each judgment or order submitted to the court shall be self-contained; that is, it may not incorporate by reference any instrument or document that is not made a physical part of the judgment or order itself.
If such an order shortening time is requested, the supporting declaration must state whether or not the responding party is represented by counsel, the name and address of the responding party’s attorney, and whether or not that attorney has been contacted and has agreed to the date and time proposed for the hearing.
A subsequent application for the same or a similar order after an ex parte motion was denied, partly denied, or granted conditionally must include a declaration detailing the prior motion, its timing and judge, the decision, and any claimed new facts.
Court's wording
When an ex parte motion has been made, and has been refused in whole or in part, or has been granted conditionally or on terms, and a subsequent application is made for the same or a similar order, to the same or different judge, whether upon an alleged different state of facts or otherwise, then the applicant must show, by declaration, what motion was previously made, the nature of the previous motion, when and to what judge is was made, what order or decision was made thereon, and what new facts, if any, are claimed by the new motion.
If the responding party’s attorney has not been contacted or has not agreed to the proposed setting, the supporting declaration must clearly demonstrate why the hearing should be set on the proposed date without the consent of opposing counsel, and the reason the matter must be heard on shortened notice.
Whether ex parte or on notice, the applicant must submit a declaration setting forth any payments made or other compliance by defendant; the specifics of the allege failure to perform; and the substance of the order requested.
If such a correction is requested by a party it must be supported by an ex parte application and declaration.
Counsel’s request for permission to bring toxic or hazardous materials into the courtroom must address the six listed topics.
Court's wording
Counsel’s request must address the following: 1. A list of the technical and street names of said materials. 2. The types and size of the containers to be utilized for the materials. 3. The name of the person who will transport the materials into the courtroom and the name of the person who will remove the materials. 4. Where the materials will be stored, and the conditions under which the materials will be stored, viewed or handled. 5. An explanation as to why the material is hazardous or potentially hazardous and the remedies to be followed in the event of a spill, leak or other accident. 6. An explanation as to why the introduction of the materials into evidence must be accomplished by their physical presence in the courtroom, rather than proof of their existence by any other method.
An elisor appointment must be requested by request for order, generally cannot be granted ex parte, and the request must include a supporting declaration listing the documents to be signed and a proposed order.
- Document
- Request for order
Must include
- •Proposed order
Court's wording
A. Request for Order. A court order for the appointment of an elisor must be made by a request for order, and cannot be granted on an ex parte basis unless previously ordered otherwise. The request for order must include at least one supporting declaration with a list of the exact documents the elisor is being asked to sign. The request must be accompanied by a proposed order.
D. Mandatory Additional Requirements. 1. Copies of all documents to be signed must be attached to the proposed order.
The proposed order must designate the Clerk of the Court or Clerk's Designee as elisor without naming a specific employee, and identify the party, documents, and signing capacity.
Court's wording
C. Mandatory Language in Proposed Order. The proposed order must include all of the following: 1. Designate “The Clerk of the Court or Clerk's Designee” as the elisor. The order cannot state a name or title of a specific court employee. 2. State the party's name for whom the elisor is being appointed; the exact title or a sufficient description that accurately identifies each document to be signed; and the capacity in which the elisor will be signing each document.
2. The original documents presented to the elisor for signing must be identical to the copies of the documents attached to the proposed order.
Supporting declarations for an elisor appointment must identify the supporting court order, describe good-faith meet-and-confer efforts, and state specific facts establishing the necessity of the appointment and each signature.
Court's wording
B. Mandatory Information in Supporting Declaration(s). The supporting declaration(s) must include all of the following: 1. The title, date, page(s) and line(s) of the court order upon which the request to appoint an elisor is based. 2. A description of the good faith efforts to meet and confer to resolve the issue informally. 3. Specific facts establishing the necessity of the appointment of an elisor, including the reason, by a person with personal knowledge, why each document requires the elisor's signature.
The application must include an itemization of the legal services rendered and the amount of time for such services.
Application for fees must be submitted to the court for approval.
An attorney seeking an exception to the maximum fee schedule for a special or unusual case must file a declaration explaining the request.
Court's wording
If an attorney believes that the case is of such a special or unusual nature that is not possible to render services in accordance with the maximum fee schedule, he/she must file a declaration explaining why an exception to the maximum fee is sought.
The Application or Petition shall be noticed for initial hearing on the criminal law and motion calendar.
All pleadings filed in support of and opposition to the Application or Petition shall comply with California Rule of Court 4.111.
Prior to the hearing on the Application or Petition in mental health court, defendant shall file and serve any relevant medical records, psychological records, assessments and proposed treatment plans.
If defendant requests any such documents be filed under seal, defendant shall file a proposed protective order (local form LK-914 may be used), along with a declaration stating the documents and proposed order have been served on the prosecution.
At the review hearings, defendant or defendant’s mental health provider shall submit a progress report concerning defendant’s participation in the treatment plan.
When required by law, declarations must address any changes of circumstances since any prior order.
If it is contended that the requested support is inappropriate, a declaration setting forth the disputed factors shall be attached to the responding pleadings.
Termination of mental health diversion pursuant to Penal Code section 1001.36(g), shall be ordered only after a written motion or order to show cause and a noticed hearing.
Any order submitted containing provisions for child support must include a completed child support case registry FL191 form.
All blanks on the form must be answered.
The parties shall bring legible copies of their last 3 state and federal income tax returns to the hearing, including all attachments, specifically including all schedules, w-2 forms, 1099 forms, and amendments.
If the tax return for the prior year is not available for an employee, that person shall bring paystub(s) for the prior year-end showing all income for the prior year.
A current Income and Expense Declaration or, if applicable, Financial Statement (Simplified), shall be filed by both parties, and served on the other party in advance of the hearing, when support is at-issue.
If a self employed party operates as a corporation, the last corporate tax return shall also be produced.
If the tax return for the prior year is not available, self -employed parties shall bring their most recent profit and loss statements, balance sheets, quarterly sales tax reports, the last filed tax return, or similar documentation evidencing income from all sources.
If an Income and Expense Declaration or Financial Statement (Simplified) that was filed within the last three months is alleged to be current and relied on, a copy shall be attached to the moving or responding papers.
When the stated service-and-proof condition is not met, the petitioner must file the Family Law Status Report with only items 1 and 2 completed.
Court's wording
2. Proof of Service - Unless the initial pleadings are served within 60 days of filing and a proof of service filed with the court, attendance is mandatory, and petitioner is required to file Family Law Status Report (LK100) with only items 1 and 2 completed.
5. Mandatory Settlement Conference Statement (LK 101) - This form must be filed with the court prior to the Mandatory Settlement Conference.
Parties must file form FL-141 before the second calendared case review conference.
Court's wording
3. Declaration Regarding Service of the Preliminary Declarations of Disclosure (FL141) - Parties must file the Declaration Regarding Service of Preliminary Declaration of Disclosure (FL-141) before the second calendared case review conference.
No appearance will be necessary if the following documents have been filed prior to the scheduled court date: a. Valid proof of service of summons; b. Family Law Status Report (LK-100) (Items 1 & 2 only).
Before filing this form, the parties must meet and confer in person or by telephone regarding the case unless a protective order, as defined by Family Code § 6218, is in place.
Each party must complete this form.
No appearance is necessary if the days following documents are filed prior to the scheduled court date: a. Request to Enter Default (FL-165) and judgment forms; or b. Response (FL-120) or (FL-220); Declarations re Preliminary Declaration of Disclosure (FL-141); and Family Law Status Report (LK-100) (Dissolution/Legal Separation Only)
Each party must exchange and file witness lists identifying all case-in-chief witnesses 15 days before the mandatory settlement conference; the lists should summarize each witness’s testimony and estimate direct-examination time.
Court's wording
Each party must complete and file the following fifteen (15) days before the mandatory settlement conference: 4. Witness List (LK-102 optional form) The parties must exchange and file their witness lists that identify all witnesses to be called in their case in chief. The list should include a brief statement of what the witness will testify to and a time estimate of the direct examination of that witness.
Each party must complete and file the following fifteen (15) days before the mandatory settlement conference: 3. Property Declaration (FL-160);
Each party must complete and file the following fifteen (15) days before the mandatory settlement conference: 2. Mandatory Settlement Conference Statement (LK-101);
If support, fees, or costs are requested, each party must complete and file an FL-150 or FL-155 15 days before the mandatory settlement conference.
Court's wording
Each party must complete and file the following fifteen (15) days before the mandatory settlement conference: 1. Current Income and Expense Declarations (FL-150) or Financial Statement Simplified (FL-155), if support, fees, or costs are requested;
The request shall also include a separate declaration regarding notice of the request in the form and containing the information required by Rule 5.151(e), California Rules of Court, and as provided herein.
The court will review an emergency-order request only if a separate notice declaration shows proper notice or facts establishing good cause to waive notice; omission results in denial without prejudice.
Court's wording
The court will not act to review the request for issuance of a temporary emergency court order unless a separate declaration regarding notice is presented to the court which demonstrates that the other party has either been given proper notice of the request or demonstrates an affirmative factual showing of good cause for the court to waive notice. In the event a declaration regarding notice is not submitted, the request for the emergency order shall be denied. The court will not act to review or consider the other papers of the request unless the court finds that proper notice of the request has been given or finds good cause for a waiver of notice based solely on the contents of the separate declaration regarding notice. The denial of the request for the temporary emergency order for the reason that a separate declaration regarding notice was not submitted shall be without prejudice to a new request being made in compliance with this rule.
A request for a temporary emergency order must include fully completed required relief forms, identify the specific orders requested, and include form FL-305.
Court's wording
A request for a temporary emergency order shall include all of the required forms for the relief requested in the Request For Order (FL-300) fully completed to provide all relevant information required by each form, must identify the specific order(s) requested by the party and include the form of Temporary Emergency Court Orders (FL-305).
A request to waive notice must be stated in a separate declaration that affirmatively demonstrates good cause based on at least one of the listed grounds, without incorporating other papers except attached exhibits.
Court's wording
In the event the party presenting the request seeks the issuance of the order without notice to the other party, the separate declaration regarding notice shall state such request and must demonstrate, without reference to or incorporation by reference of other papers, other than exhibits attached to the declaration, good cause based on an affirmative factual showing that: 1. Giving notice would frustrate the purpose of the requested orders; or 2. Giving notice would likely result in immediate and irreparable harm to the applicant or the children; or 3. Giving notice would result in immediate or irreparable damage or loss of property; or 4. The applicant has made reasonable and good faith efforts to give notice to the other party and further attempts to give notice would likely be futile and burdensome.
In all applications, an affirmative factual showing of irreparable harm, immediate danger or other statutory basis for the court to grant the ex parte temporary court order.
An application for emergency temporary court orders granting or modifying child custody or visitation must: a. Provide a full, detailed description of the most recent incidents showing: i. Immediate harm to the child as defined in Family Code section 3064(b); or
The Request for Order (FL-300) must contain therein, or have attached thereto, the declaration of applicant and such other declarations, based on personal knowledge of the person signing the declaration, to provide the information, pursuant to Rule 5.151, as follows:
The written opposition shall include a Responsive Declaration (FL- 320) and any other declarations and documents opposing the request.
A request to shorten time must be submitted ex parte on FL-300 and comply with Rule 5.151, including a separate notice declaration and request contents demonstrating an affirmative factual basis.
Court's wording
A request for an order shortening time shall be submitted as an ex parte request on a Request For Order (FL-300) and shall comply with Rule 5.151, California Rules of Court, including the submission of a separate declaration regarding notice, as described by the rule, and the contents of the request, as described by this rule, demonstrating an affirmative factual showing upon which the court may issue an order shortening time for hearing and/or service.
A matter that by law may be determined upon declaration, affidavit or verified pleading and without testimony, may ordinarily be submitted for appropriate action by the court without appearance by counsel or witnesses provided that all necessary papers, including declarations and proposed orders, must be delivered to the clerk within the time limit prescribed by rule 3.3.
- Document
- Matter submitted without appearance
Must include
- •Proposed order
Counsel or an unrepresented personal representative must complete all bond-related statements called for on the current Judicial Council-approved inventory and appraisal form.
Court's wording
Counsel for the personal representative or the personal representative, if acting without counsel, will complete all appropriate statements regarding the representative's bond which are called for upon the inventory and appraisal form in current use with the approval of the Judicial Council of California.
When seeking independent-administration authority to sell real property without court supervision, the petition for probate must disclose the estimated net value of the real property, and the probate order must set the bond at the specified minimum amount or twice that amount if personal sureties are used.
Court's wording
In proceedings in which authority is sought pursuant to the Independent Administration of Estates Act (Probate Code §10400, et seq.) which would authorize the personal representative to sell real property without court supervision, the petition for probate will disclose the estimated net value of the decedent's real property and the order for probate will fix the amount of the bond required of the personal representative at not less than the aggregate of the estimated value of the decedent's personal property, the estimated net value of the real property, and the estimated value of the probable annual gross income of all of the property belonging to the estate, or, if the bond is to be given by personal sureties, at not less than twice that amount.
Claims of personal representatives will be allowed pursuant to Probate Code §9252 only upon a written petition for the allowance thereof, after every person interested in the estate shall have been given notice of hearing of said petition in the manner provided by Probate Code §1220.
No later than 15 days prior to the first case management conference all parties are required to file a case management conference statement on a form approved by the Judicial Council.
Opposition papers must describe a reasonable, good-faith meet-and-confer attempt to resolve the opposition or another objection to the requested remote appearance or testimony.
Court's wording
(2) As part of the required opposition showing, the opposing party shall include a statement describing a reasonable and good faith attempt to meet and confer with counsel for the requesting party or, the self-represented party requesting a remote appearance or remote testimony, in a meaningful attempt to resolve the opposition or any other objection to the requested remote appearance or remote testimony.
Filing & Service rules
Electronic Filing Rules
Court filings must be submitted indirectly through a court-approved certified Electronic Filing Service Provider.
Electronic filing with the court shall be indirect and through the use by the filer of an certified Electronic Filing Service Provider. Papers are electronically submitted to one of the Electronic Filing Service Providers approved by the Court for certified delivery to the Court. A list and information on the approved Electronic Filing Service Providers shall be posted on the Court website.
Page 67 | 20.5 Process For Electronic Filing
The listed papers and filings are ineligible for electronic filing and subject to clerk rejection unless the court orders otherwise.
The following types of papers and filings are not eligible for electronic filing and will be subject to rejection by the clerk unless otherwise ordered by the court; a) Records deemed sealed by Rule or Statute b) Papers requested or intended to be sealed by the court c) Papers submitted conditionally under seal d) A peremptory challenge under CCP, 170.6 e) A motion to disqualify a judge under CCP, 170.3 f) Requests for copies g) Public record requests under California Rule of Court 10.500 h) Subpoenaed documents i) Bonds and Undertakings j) Civil Bench Warrants or a Body Attachment k) Order of Examination l) Original will or codicil m) Family Law Request for Entry of Default n) Family Law Notice of Entry of judgment o) Exhibits to be lodged for a hearing or trial p) Child Support Case Registry Form q) Child Custody Evaluation Reports r) Any required filing of an original writing or record (new 1/1/2024)
Page 68 | 20.8 Exclusions and Exceptions
The electronic-filing rules take effect when the court implements and makes an electronic filing platform available.
These Rules are effective at the time that an electronic filing platform is implemented and made available by the court.
Page 66 | 20.1 Purpose
Electronic filing is permitted for papers in civil, probate, and family law cases, except papers specifically excluded by the Rule.
All papers, except those specifically excluded by this Rule may be filed electronically in the following types of cases: a) All civil cases including unlimited, limited and special proceedings of a civil nature including petitions for domestic violence restraining orders; b) All probate cases including estate administration, conservatorship and guardianship, and trust proceedings; and, c) All family law proceedings including any type of petition brought under the Family Code.
Page 66 | 20.2 Permissive Electronic Filing
Filing Timing and Cure Windows
All parties must file the case management conference statement no later than 15 days before the first case management conference.
NO LATER THAN 15 DAYS PRIOR TO THE FIRST CASE MANAGEMENT CONFERENCE ALL PARTIES ARE REQUIRED TO FILE A CASE MANAGEMENT CONFERENCE STATEMENT ON A FORM APPROVED BY THE JUDICIAL COUNCIL.
Page 3 | 8.5 CASE MANAGEMENT CONFERENCE STATEMENT
For uncontested proceedings, an original and one copy of the proposed judgment, decree, or order must be presented to the clerk at least four court days before the hearing, or the matter will not be placed on calendar.
In uncontested proceedings (e.g., uncontested dissolution of marriage, default judgment, and routine probate applications), an original and one copy of the proposed judgment, decree or order sought in the proceeding shall be presented to the clerk’s office no later than four (4) court days prior to the calendared hearing date. The clerk will not place the matter on calendar unless the original and copy of the proposed judgment, decree or order has been presented.
Page 11 | 3.3 Proposed Judgments, Decrees, and Orders in Uncontested Matters
All written orders signed by a judge must be filed immediately with the clerk.
All written orders, including orders to show cause, orders for examination of judgment debtors, temporary restraining orders and injunctions, signed by a judge, shall be filed immediately with the clerk.
Page 11 | 3.4 Filing and Service of Orders
The applicant must contact the department one judicial assistant to schedule and give notice of the hearing; scheduling must occur as early as possible and no later than 9:00 a.m. on the preceding court day unless good cause is shown.
Such matters must be scheduled for hearing by the department one judicial assistant as early as possible before the requested hearing, but not later than 9:00 a.m. of the preceding court day unless good cause is shown. The applicant is responsible for contacting the judicial assistant to schedule the hearing, and for giving notice thereof.
Page 11 | 3.5 Presentation of Ex Parte Applications to Presiding Judge
An endorsed copy bearing proof of service must be filed no later than five calendar days before the hearing.
an endorsed copy, bearing proof of service, shall be filed not later than five calendar days prior to the hearing.
Page 11 | 3.4 Filing and Service of Orders
Copies of the application or moving papers must be submitted to the court at least two hours before the scheduled hearing.
Copies of the application or moving papers must be submitted to the court no later than two (2) hours prior to the scheduled time of the hearing
Page 12 | 3.5 Presentation of Ex Parte Applications to Presiding Judge
Payment applications must be presented within 60 days after case disposition, and the court may reject later invoices.
In no event will the application for payment be presented more than 60 days after the disposition of the case. The court reserves the right to reject any invoice presented for payment more than 60 days after the disposition of the case.
Page 19 | 3.13 Court Appointed Attorney Fees
An appointment order must be made before appointed counsel begins billing for services.
Appointment orders must be made before an attorney may begin billing for services.
Page 19 | 3.13 Court Appointed Attorney Fees
After the Presiding Judge approves the fees, the payment order must be submitted to the County of Lake for payment.
Once approved by the Presiding Judge, the order for payment of fees shall be submitted to the County of Lake for payment.
Page 19 | 3.13 Court Appointed Attorney Fees
Counsel must file the Trial Readiness Checklist form LK-910 at least five days before the conference.
At least five (5) days prior to the conference counsel shall file the Trial Readiness Checklist form (LK-910).
Page 21 | 4.4 Mandatory Settlement and Trial Readiness Conference
Defendants’ written statements and letters of reference or recommendation must be submitted to the probation officer, not the Court, within 14 calendar days after conviction to be considered.
A. Letters - Written statements of defendants and letters of reference or recommendation on behalf of defendants are to be submitted to the probation officer, not to the Court. Any such items must be submitted to the probation officer no later than 14 calendar days following conviction in order to be considered by the probation officer or Court.
Page 22 | 4.6 Felony Sentencing
Transcripts required by California Rules of Court, Rule 2.1040, must be lodged in the court file and provided to opposing counsel no later than the trial assignment hearing.
Transcripts required by California Rules of Court, Rule 2.1040, shall be lodged in the courts file and provided to opposing counsel no later than the trial assignment hearing. (eff. 1/1/2011)
Page 22 | 4.7 Electronic Recordings
Motions in limine must be filed no later than the commencement of the trial assignment hearing.
Any motions in limine must be in writing and filed and served at the earliest opportunity, but not later than the commencement of the trial assignment hearing. (eff. 1/1/2010, amd. 7/1/2019)
Page 22 | 4.4 Mandatory Settlement and Trial Readiness Conference
The listed settlement-conference statements, applicable financial declarations, property declarations, and witness lists must be filed 15 days before the Mandatory Settlement Conference.
The following must be filed fifteen (15) days prior to the Mandatory Settlement Prior to the Mandatory Conference: Settlement Conference a. Mandatory Settlement Conference Statements (LK-101); and b. Current Income and Expense Declarations (FL-150), or Financial Statement Simplified (FL-155) if support, fees or costs are requested; and c. Property Declarations (FL-160); and d. Witness Lists (LK-102).
Page 30 | Case Plan Disposition Time Standards and Court Events
A notice-based emergency-order request may be submitted to the clerk at any time; its deemed submission time depends on when notice is given, unless otherwise ordered.
A request for a temporary emergency court order, which is based on notice of the making of the request, may be submitted to the clerk of the court at any time 33 ===== PAGE 34 ===== Superior Court, County of Lake for presentation to the court. The request shall be deemed submitted to the court at 10:00 a.m. the next court day where notice of the application for the request is given before 10:00 a.m. on the prior court day, except as may be otherwise specifically ordered. In the event the notice of the request is made after 10:00 a.m. on a court day, the request will be deemed submitted as of 10:00 a.m. on the second court day following the notice for review and action by the court, except as may be otherwise ordered.
Page 34 | F. Submission of Request Based on Notice
Unless the court orders otherwise, an opposing party must serve and file a written opposition by 10:00 a.m. on the day the request is deemed submitted.
Except as may be otherwise ordered by the court, any party seeking to oppose the request shall serve and file a written opposition to the application by 10:00 a.m. on the day the request is deemed submitted to the court for review and action by operation of this rule.
Page 35 | J. Opposition to Request
A party opposing dismissal for lack of prosecution must file a written opposition with the clerk within 15 days after the clerk’s notice.
A party desiring to oppose the dismissal of the case for lack of prosecution pursuant to Code of Civil Procedure § 583.310-583.360 must file with the clerk, within 15 days after the date of the clerk's notice, a written opposition to the dismissal
Page 42 | 8.8 Dismissal Calendar
After filing an opposition to dismissal for lack of prosecution, the opposing party must promptly file any declarations supporting it.
A party desiring to oppose the dismissal of the case for lack of prosecution pursuant to Code of Civil Procedure § 583.310-583.360 must file with the clerk, within 15 days after the date of the clerk's notice, a written opposition to the dismissal and, thereafter, shall promptly file declarations containing whatever evidentiary showing is desired to be given in support of the opposition.
Page 42 | 8.8 Dismissal Calendar
An application to excuse a required settlement-conference attendee must be made to the regularly assigned judicial officer at least five days before the conference, with copies delivered concurrently to all other parties or their counsel.
Any application to the court to excuse attendance of any person whose attendance is required by CRC § 3.1380(b) shall be made to the regularly assigned judicial officer not less than five (5) days before the date set for the settlement conference with copies of the request delivered concurrently to all other parties or their counsel.
Page 44 | 10.2 Time and Purpose of Conference
The case management statement must be filed at least five days before the further proceedings date set on the regular case management calendar.
If a trial date is vacated and not reset it 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 casement management statement (JC Form CM 110).
Page 44 | 9.4 Requests for Changes in Trial Dates
A demurrer, a motion under CCP § 1170.5(b) or (c), or another motion or pleading other than an answer must be set automatically on the next available unlawful detainer calendar, at least 5 days after filing.
When a demurrer, a motion pursuant to CCP § 1170.5(b) and (c) or any other motion or pleading is filed other than an answer it shall be automatically set on the next available unlawful detainer calendar that is not less than five days after the filing of the motion.
Page 49 | 13.3 Motions
The hearing on a motion to quash must be set automatically on the next available unlawful detainer calendar, at least 3 days after the motion is filed.
The hearing on the motion shall be automatically set on the next available unlawful detainer calendar that is not less than three days after the filing of the motion.
Page 49 | 13.3 Motions
A motion to quash service for lack of jurisdiction under CCP § 418.10(a) must be made within 5 days after the proof of service is filed.
A motion to quash service of summons on the ground of lack of jurisdiction pursuant to CCP § 418.10(a), must be made not more than 5 days after the filing of the proof of service.
Page 49 | 13.3 Motions
The jury fee must be deposited at least 5 calendar days before trial.
Jury fees in the amount of $150 pursuant to Civil Code of Procedure § 631 must be deposited with the clerk’s office at least 5 calendar days prior to the date of trial.
Page 50 | 13.4 Setting for Trial—Jury Trials
A request to excuse in-person attendance must be filed no later than five court days before the conference, unless unforeseen emergency circumstances are shown.
A request to excuse in-person attendance shall be filed with the court and served on all parties no later than five (5) court days before the date of the conference except on a showing of unforeseen emergency circumstances.
Page 54 | 16.3 Local Practice and Procedure
Attorneys must file pre-trial conference statements no later than seven court days before trial.
(a) Pre-Trial Conference Statement. No later than seven (7) court days prior to trail, the attorneys shall file and serve their respective Pre-Trial Conference Statements.
Page 59 | 17.3 Civil Pre-Trial Rule
The original trial memorandum must be filed no later than seven court days before the scheduled trial date; parties in unlawful detainer trials may submit one.
(b) Trial Memorandum. Each party may submit a trial memorandum, not to exceed seven (7) pages, setting forth a statement of the nature of the case, the general contentions of the party submitting the statement and a memorandum of points and authorities (not to exceed fifteen (15) pages) upon any unusual questions of law anticipated to be presented. The original of this document shall be filed, and a copy served on all parties, no later than seven (7) court days prior to the scheduled date of trial. Parties in unlawful detainer trials may submit a trial memorandum.
Page 59 | 17.3 Civil Pre-Trial Rule
Unless the court agrees otherwise or the parties stipulate, motions in limine must be filed no later than fourteen court days before trial.
(d) In Limine Motions. Unless otherwise agreed to by the court or stipulated by the parties, counsel must file and serve motions in limine and opposition thereto no later than fourteen (14) court days and seven (7) court days, respectively, prior to the scheduled date of trial.
Page 60 | 17.3 Civil Pre-Trial Rule (d) In Limine Motions
An electronically received paper is filed as of the court day it is received unless the clerk rejects it and transmits notice of rejection.
A paper received electronically by the court at any time on any court day shall be filed as of that court day unless rejected by the clerk and notice of rejection transmitted.
Page 67 | 20.6 Date And Time Of Filing
A document received on a non-court day is filed on the next court day unless the clerk transmits notice of rejection.
Any document that is received by the court at any time on a non- court day shall be filed on the next court day unless notice of rejection is transmitted by the clerk.
Page 67 | 20.6 Date And Time Of Filing
The court aims to review these matters promptly, but requests submitted after noon for consideration without a hearing are unlikely to be reviewed that day.
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.
Page 11 | 3.5 Presentation of Ex Parte Applications to Presiding Judge
Contested ex parte matters requiring appearances are heard daily at 3:30 p.m. in the courtroom or chambers of department one, as the court determines.
For ex parte matters that are contested that otherwise require appearances, hearings will be conducted at 3:30 p.m. daily, in the courtroom or chambers of department one as the court deems appropriate.
Page 11 | 3.5 Presentation of Ex Parte Applications to Presiding Judge
Fee applications may be submitted no more frequently than once every 30 days.
Application for fees must be submitted no more frequently than once every 30 days.
Page 19 | 3.13 Court Appointed Attorney Fees
The clerk must give the parties notice of the dismissal calendar 50 days in advance.
Notice will be given to the parties, by the clerk, 50 days in advance of the date of the dismissal calendar.
Page 42 | 8.8 Dismissal Calendar
If the proof of service complies with the local rules and no jury trial is demanded, the clerk will set a court trial between 5 and 20 days after the trial setting memorandum is filed.
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 will set the case for court trial at the earliest date that is no sooner than five (5) days and no later than twenty (20) days.
Page 49 | 13.4 Setting for Trial—Court Trials
Electronic filing does not excuse compliance with other filing deadlines or statutes.
A paper filed electronically must still comply with all other filing deadlines and statutes.
Page 67 | 20.6 Date And Time Of Filing
Uncontested ex parte applications, and applications showing good cause for lack of prior notice, may be submitted to the clerk at any time.
A. 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.
Page 11 | 3.5 Presentation of Ex Parte Applications to Presiding Judge
Copies of responding papers should be submitted before the hearing if possible.
copies of any responding papers should be submitted prior to the hearing if possible.
Page 12 | 3.5 Presentation of Ex Parte Applications to Presiding Judge
A request for a temporary emergency court order based on waiver of notice and supported by a separate notice declaration may be submitted to the clerk at any time.
A request for a temporary emergency court order, which is based on an application for waiver of notice and supported by a separate declaration regarding notice, may be submitted to the clerk of the court at any time.
Page 33 | E. Submission of Request Based on Waiver of Notice
Service and Proof of Service Rules
An endorsed copy of the order must be served on the parties to be notified.
An endorsed copy shall be served upon the parties to be notified
Page 11 | 3.4 Filing and Service of Orders
Unless otherwise ordered or provided by law, pretrial motions with memoranda, opposition papers, and reply papers must be served and filed under California Rules of Court §4.111.
Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, and all papers opposing the motion, and all reply papers, must be served and filed in accordance with California Rules of Court §4.111. (eff. 1/1/2010)
Page 21
Both parties must exchange formal authorized offers one week before the conference.
Both parties are required to exchange formal authorized offers one week prior to the conference.
Page 21 | 4.4 Mandatory Settlement and Trial Readiness Conference
Motions in limine must be served at the earliest opportunity and no later than the commencement of the trial assignment hearing.
Any motions in limine must be in writing and filed and served at the earliest opportunity, but not later than the commencement of the trial assignment hearing. (eff. 1/1/2010, amd. 7/1/2019)
Page 22 | 4.4 Mandatory Settlement and Trial Readiness Conference
Transcripts required by California Rules of Court, Rule 2.1040, must be provided to opposing counsel no later than the trial assignment hearing.
Transcripts required by California Rules of Court, Rule 2.1040, shall be lodged in the courts file and provided to opposing counsel no later than the trial assignment hearing. (eff. 1/1/2011)
Page 22 | 4.7 Electronic Recordings
Defense counsel must file the mental health diversion application or petition with the court and serve a copy on the prosecutor.
Defense counsel shall file an Application or Petition for Mental Health Diversion (Application or Petition), pursuant to Penal Code section 1001.36, with the court and serve the prosecutor with a copy.
Page 23 | 4.10(a) Noticed Application or Petition
Before withdrawing a time waiver, the defendant must give the prosecution two days’ written notice and file the notice and proof of service with the court before withdrawal.
Prior to withdrawing a time waiver in open court pursuant to Penal Code section 1382, a defendant shall provide two days’ written notice to the prosecution. The written notice and proof of service thereof shall be filed with the court prior to withdrawal of the time waiver.
Page 23 | 4.9 Withdrawal of Time Waiver
When support is at issue, both parties must serve the current required financial statement on the other party before the hearing.
A current Income and Expense Declaration or, if applicable, Financial Statement (Simplified), shall be filed by both parties, and served on the other party in advance of the hearing, when support is at-issue.
Page 26 | 5.2 Child, Spousal and Partner Support
Parties requesting support, fees, or costs must serve and file form FL-150 or FL-155 before the second calendared case resolution conference.
4. Income and Expense Declaration (FL150) or Financial Statement Simplified (FL-155) - Parties who request support, fees or costs, must serve and file the Income and Expense Declaration (FL-150) or Financial Statement Simplified (FL-155) before the second calendared case resolution conference.
Page 29 | Income and Expense Declaration (FL150) or Financial Statement Simplified (FL-155)
If the initial pleadings are not served within 60 days of filing and proof of service filed with the court, attendance is mandatory and the petitioner must file the Family Law Status Report with only items 1 and 2 completed.
2. Proof of Service - Unless the initial pleadings are served within 60 days of filing and a proof of service filed with the court, attendance is mandatory, and petitioner is required to file Family Law Status Report (LK100) with only items 1 and 2 completed.
Page 29 | Proof of Service
For service by mail, notice is not complete until five calendar days after deposit; for next-day delivery, it is not complete until two calendar days after the carrier receives the papers.
or, service by mail, in which case notice shall not be complete until five (5) calendar days after deposit except where service is by next day delivery whereby case notice shall not be complete until two (2) calendar days after the carrier receives the papers served.
Page 34 | G. Notice and Service of Request
The requesting party must include proof of service as part of the declaration regarding notice.
The party making the request shall provide the required proof of service as part of the declaration regarding notice.
Page 34 | G. Notice and Service of Request
Request papers must be personally served, or may be served by fax with written consent and either printed electronic confirmation or the sender’s declaration of acknowledged receipt.
Service of papers requires personal service or, upon written consent, by facsimile transmission, with either a printed electronic confirmation of receipt or the sender’s declaration that the recipient has acknowledged receipt
Page 34 | G. Notice and Service of Request
The requesting party must give notice and serve all request papers on each self-represented party and all counsel of record, with notice given as required by the Rules of Court.
The party making the request is responsible for giving notice and service of the request to all parties, or counsel, as set forth hereinafter. G. Notice and Service of Request The required notice shall consist of notice given in the time and manner required by the Rules of Court and the service of all papers of the request upon each self-represented party and all counsel of record.
Page 34 | F. Submission of Request Based on Notice; G. Notice and Service of Request
Unless the court orders otherwise, an opposing party must serve the written opposition by 10:00 a.m. on the day the request is deemed submitted.
Except as may be otherwise ordered by the court, any party seeking to oppose the request shall serve and file a written opposition to the application by 10:00 a.m. on the day the request is deemed submitted to the court for review and action by operation of this rule.
Page 35 | J. Opposition to Request
Every person interested in the estate must receive notice of the hearing on a personal representative’s claim petition in the manner provided by Probate Code section 1220 before the claim may be allowed.
Claims of personal representatives will be allowed pursuant to Probate Code §9252 only upon a written petition for the allowance thereof, after every person interested in the estate shall have been given notice of hearing of said petition in the manner provided by Probate Code §1220.
Page 38 | 6.6 Allowance of Claims of Personal Representatives
The summons and complaint must be served within 60 days after the complaint is filed, unless an extension is obtained by ex parte application to the presiding judge.
Service of Summons and Complaint. Summons and complaint will be served no later than 60 days after the filing of the complaint, unless an extension is procured by an ex parte application to the presiding judge.
Page 40 | 8.3 Procedural Time Standards
Responsive pleadings must be served on each party entitled to service within 30 days after service of the complaint or cross-complaint, subject to a stipulated extension of up to 15 days or an extension obtained by ex parte application.
Responsive Pleadings to Complaint or Cross-complaint. Responsive pleadings (answer, demurrer, defendant's or cross-defendant's initial motion, cross-complaint) will be served upon each party entitled to service no later than 30 days after service of the complaint or cross-complaint upon such party, unless an extension not exceeding 15 days is stipulated to by the parties or an extension is procured by an ex parte application to the presiding judge.
Page 40 | 8.3 Procedural Time Standards
Proof of service of the summons and complaint must be filed with the clerk within 10 days after service.
Filing Proof of Service: Proof of service of the summons and complaint will be filed with the clerk no later than 10 days after the event of service.
Page 40 | 8.3 Procedural Time Standards
Copies of a case management conference order must be served on all parties who have appeared in the action.
Copies of the order shall be served on all parties who have appeared in the action.
Page 42 | 8.7 Case Management Conference Order
Copies of an application to excuse a required settlement-conference attendee must be delivered concurrently to all other parties or their counsel.
Any application to the court to excuse attendance of any person whose attendance is required by CRC § 3.1380(b) shall be made to the regularly assigned judicial officer not less than five (5) days before the date set for the settlement conference with copies of the request delivered concurrently to all other parties or their counsel.
Page 44 | 10.2 Time and Purpose of Conference
Notice of a Request for Postponement must be given to the opposing party.
notice must be given to the opposing party.
Page 49
Each party must serve every other party and file with the clerk an arbitration conference statement no later than ten days before the conference.
Not later than ten (10) days prior to the date set for the conference, each party will serve on each other party, and file with the clerk, an arbitration conference statement containing information relevant to:
Page 51 | 15.4 Arbitration Conference
Counsel for each party must deliver an arbitration brief to the arbitrator and opposing counsel at least five days before the hearing date first set.
Not less than 5 days prior to the date first set for the hearing, counsel for each party will deliver copies of that party’s pleadings (complaint, cross-complaint and answer) to the arbitrator and will deliver to the arbitrator and counsel for each other party an arbitration brief containing a concise statement of the facts and the legal and factual contentions of the parties, which, in the case of a plaintiff or cross-complainant, will include a statement of damages or other relief sought in the arbitration and, where appropriate, a detailed statement of the amount and elements of any claimed financial harm or loss which is the basis for the claim.
Page 52 | 15.6 Conduct of Arbitration Hearing
Counsel for each party must deliver copies of that party’s complaint, cross-complaint, and answer to the arbitrator at least five days before the hearing date first set.
Not less than 5 days prior to the date first set for the hearing, counsel for each party will deliver copies of that party’s pleadings (complaint, cross-complaint and answer) to the arbitrator
Page 52 | 15.6 Conduct of Arbitration Hearing
A request to excuse in-person attendance must be served on all parties no later than five court days before the conference, unless unforeseen emergency circumstances are shown.
A request to excuse in-person attendance shall be filed with the court and served on all parties no later than five (5) court days before the date of the conference except on a showing of unforeseen emergency circumstances.
Page 54 | 16.3 Local Practice and Procedure
Each party must serve and lodge a list of expected remote-testimony witnesses and the general scope of their testimony at least 7 court days before trial or hearing.
Each party shall prepare, serve on all other parties and lodge with the court not less than 7 court days prior to the trial or hearing a list of the witnesses, other than the parties, expected to be called to present remote testimony and the general scope of the testimony to be offered.
Page 57
Each party or counsel must serve and lodge an exhibit list with duplicate copies of the listed exhibits at least 7 court days before trial or hearing.
Each party or counsel shall prepare, serve on all other parties and lodge with the court not less than 7 court days prior to the trial or hearing date a written list identifying the exhibits that the party expects to offer in evidence and provide duplicate copies of the actual exhibits identified by the list.
Page 57
For unlisted exhibits used in cross-examination, impeachment, or rebuttal, the offering party must provide a duplicate to the other party and a copy to the court at the first reasonable opportunity, as directed by the court.
In the event that during the trial or hearing, there is request by a party to the court to use and/or offer exhibits other than as listed and provided before the trial or hearing for use in cross-examination of adverse witnesses, impeachment purposes or for rebuttal, that party shall provide a duplicate copy of the exhibit to the other party and a copy to the court at the first reasonable opportunity in the manner directed by the court.
Page 58
Actions involving witness lists and exhibits must comply with applicable protective or restraining orders, including mailing those materials to a protected party.
All action directed of a party or counsel, as set forth above, must be conducted so as to comply with any protective order or restraining order in effect in the case, or otherwise in effect against a party, including that witness lists and exhibits be mailed to a protected party
Page 58
If the protected person is represented by counsel, a restrained person may serve witness lists and exhibits only in person on that counsel.
a restrained person only effect service of witness list and exhibits in person to counsel for the protected person if the protected person is represented by counsel in the case.
Page 58
Attorneys must serve their respective pre-trial conference statements no later than seven court days before trial.
(a) Pre-Trial Conference Statement. No later than seven (7) court days prior to trail, the attorneys shall file and serve their respective Pre-Trial Conference Statements.
Page 59 | 17.3 Civil Pre-Trial Rule
A copy of the trial memorandum must be served on all parties no later than seven court days before the scheduled trial date.
(b) Trial Memorandum. Each party may submit a trial memorandum, not to exceed seven (7) pages, setting forth a statement of the nature of the case, the general contentions of the party submitting the statement and a memorandum of points and authorities (not to exceed fifteen (15) pages) upon any unusual questions of law anticipated to be presented. The original of this document shall be filed, and a copy served on all parties, no later than seven (7) court days prior to the scheduled date of trial. Parties in unlawful detainer trials may submit a trial memorandum.
Page 59 | 17.3 Civil Pre-Trial Rule
Unless the court agrees otherwise or the parties stipulate, motions in limine must be served no later than fourteen court days before trial.
(d) In Limine Motions. Unless otherwise agreed to by the court or stipulated by the parties, counsel must file and serve motions in limine and opposition thereto no later than fourteen (14) court days and seven (7) court days, respectively, prior to the scheduled date of trial.
Page 60 | 17.3 Civil Pre-Trial Rule (d) In Limine Motions
The moving party must timely notify the special advocate of motions concerning a child for whom the advocate has been appointed.
The moving party shall provide the special advocate timely notice of any motions concerning a child for whom a special advocate has been appointed. (W & I 106) (eff. 1/1/2011)
Page 63 | 18.11 Right to Timely Notice
CASA reports must be submitted to the court and served on entitled parties at least three court days before the hearing.
CASA reports shall be submitted to the court and served on parties entitled to receive a copy of the report at least (3) three court days prior to the hearing. (eff. 1/1/2011)
Page 63 | 18.13 Distribution of CASA Reports
The motion must be filed in the criminal action, set for hearing at least 10 days after filing, and noticed to all parties at least 5 days in advance.
The motion shall be filed in the criminal action and set for hearing at least 10 days from the date of filing and on at least 5 days notice to all parties.
Page 66 | 19.6 Modification Of Criminal Protective Order
A complaint about appointed counsel's conduct must be served on all counsel and self-represented parties.
The complaint shall be served on all counsel and self-represented parties.
Page 36 | 5.10 Appointment of Counsel to Represent Child and Complaint Procedure
Each party or counsel must make reasonable, good-faith efforts to lodge and serve all exhibits that may be used at trial or hearing, including clerk-file records and requests for judicial notice.
Each party or counsel shall make reasonable and good faith efforts to lodge with the court and serve on all other parties all exhibits which may be used by a party at the trial or hearing for any purpose, including exhibits which constitute records contained in the clerks file and any request for judicial notice.
Page 58
A party seeking consideration of aggravating or mitigating circumstances may file and serve a statement that complies with Penal Code section 1170(b) and California Rules of Court §4.437.
A party seeking consideration of circumstances in aggravation or mitigation may file and serve a statement complying with the requirements of Penal Code 1170, subd. (b) and California Rules of Court §4.437.
Page 22 | 4.6 Felony Sentencing
Filing Fees and Waivers
A $10 fee must accompany a Request for Postponement.
$10.00 must accompany the Request for Postponement
Page 49
A $150 jury fee must be deposited with the clerk’s office at least 5 calendar days before trial.
Jury fees in the amount of $150 pursuant to Civil Code of Procedure § 631 must be deposited with the clerk’s office at least 5 calendar days prior to the date of trial.
Page 50 | 13.4 Setting for Trial—Jury Trials
An Electronic Filing Service Provider may charge fees directly, but those fees must be waived for governmental entities and electronic filers who have received a fee waiver.
There may be fees charged directly by the Electronic Filing Service Provider. These fees shall be waived for governmental entities and any electronic filer who has received a fee waiver.
Page 67 | 20.5 Process For Electronic Filing
Courtesy Copy Requirements
A courtesy paper copy must be delivered to the court within 7 court days for a petition, motion, or special proceeding whose submitted papers total more than 50 pages, including the listed materials.
A paper (courtesy) copy of an electronic filing is required to be delivered to the court, within 7 court days of the electronic filing, as follows: In the case of any petition, motion or special proceeding where the total number of pages, including all papers submitted in the form of notice, memorandum, declarations, exhibits, requests for judicial notice, separate statements, and briefs exceeds 50 pages; and,
Page 67 | 20.7 Paper Copies Of Electronic Filing
A courtesy paper copy of an electronic filing for a motion for summary judgment, summary adjudication, or Anti-SLAPP motion must be delivered to the court within 7 court days.
A paper (courtesy) copy of an electronic filing is required to be delivered to the court, within 7 court days of the electronic filing, as follows: In the case of any motion for summary judgment or summary adjudication, or Anti-SLAPP motion.
Page 68 | 20.7 Paper Copies Of Electronic Filing
Pre-Motion Conference Requirements
Counsel must meet and confer in good faith to resolve or narrow disputes before a discovery-motion hearing.
Counsel shall meet and confer before the hearing of any discovery motion in a good faith effort to resolve or narrow the dispute issues.
Page 20 | 4.1 Discovery
Before the initial court date reviewing the application or petition, defense counsel and the prosecutor must meet and confer about whether diversion is appropriate.
Prior to the initial court date for the review of an Application or Petition, defense counsel and the prosecutor shall meet and confer to determine whether the parties agree diversion is appropriate.
Page 23 | 4.10(b) Meet and Confer
A family law calendar matter will not be heard until counsel and the parties have conferred to attempt to resolve all issues.
No case on the family law calendar will be heard unless and until counsel and the parties have conferred in an effort to resolve all issues.
Page 26 | 5.2 Child, Spousal and Partner Support
Unless impossible, the meet and confer may occur by telephone and must take place before the hearing day, except when the matter is served or the attorney is retained the day before the hearing.
Unless impossible to do so, the meet and confer may be by telephone and shall occur prior to the day of the hearing, unless the matter is served or the attorney is retained, the day prior to the hearing.
Page 26 | 5.2 Child, Spousal and Partner Support
The moving party or the moving party’s attorney must initiate the meet-and-confer process.
The meet and confer requirement is to be initiated by the moving party and/or the moving party’s attorney.
Page 26 | 5.2 Child, Spousal and Partner Support
Counsel must exchange, during the conference, all documentary evidence they intend to rely on to prove a material fact.
All documentary evidence that is to be relied on for proof of any material fact shall be exchanged by counsel while conferring.
Page 26 | 5.2 Child, Spousal and Partner Support
The court first decides waiver of notice based only on the separate declaration; if waiver is denied, or after the court rules on the merits when notice is waived, the request is set for a noticed hearing.
The court shall act to review and consider the separate declaration regarding notice only to determine whether good cause exists for a waiver of notice. If good cause is not shown, the request for the issuance of the temporary emergency court order shall be denied for that reason. Upon the d en ial of the application for a waiver of notice, the court shall set the request for a noticed hearing. In the event the court finds good cause and the requirement of notice is waived, the court shall consider and act on the request for issuance of the temporary emergency order on the merits solely on the papers submitted and, upon granting or denying such an order, shall set a noticed hearing on the request.
Page 33 | E. Submission of Request Based on Waiver of Notice
Failure to meet and confer or exchange documents may result in the matter being dropped from calendar, continued, or subject to other sanctions.
Failure to meet and confer or exchange documents may result in the matter being dropped from calendar, continued, or the court may order other appropriate sanctions.
Page 26 | 5.2 Child, Spousal and Partner Support
Adjournment & Extension Requirements
A request to shorten time or continue a scheduled hearing will not be granted without a declaration showing good cause why the matter cannot be heard on regular notice.
A. A request for an order shortening time for service, hearing or a continuance of a scheduled hearing will not be granted unless supported by a declaration demonstrating good cause why the matter cannot be heard on regular notice.
Page 12 | Ex Parte Request for Order Shortening or Continuing Time
Criminal hearings and trials proceed as scheduled absent good cause, and a continuance requires proof of good cause under Penal Code §1050; counsel's stipulation alone does not necessarily establish good cause.
All criminal cases set for hearing or trial will proceed to hearing or trial on the date scheduled in the absence of good cause. No continuances will be granted unless the court is presented proof of good cause for a continuance in accordance with Penal Code §1050. A stipulation of counsel for hearing or trial continuance does not necessarily constitute good cause. (eff. 1/1/2010)
Page 22 | 4.5 Continuances
A noticed conference may be continued only by order of the presiding civil judge, and a continuance request must include a stipulation and a declaration stating the reason.
A noticed conference may be continued only on the order of the presiding judge of the civil department. A request for a continuance shall be supported by a stipulation and a declaration stating the reason for the request.
Page 41 | 8.4
Trial dates are firm and may be changed only with court approval; motions to advance, reset, specially set, or continue a trial date must be set for hearing on written notice to all parties who have appeared.
All dates for trial are firm and no trial date will be changed without court approval. Motions to advance a trial date, to reset or specially-set a case for trial, or to continue a trial date must made on written notice to all parties who have appeared, and must be set for hearing.
Page 43 | 9.4 Requests for Changes in Trial Dates
A trial-continuance motion must be noticed for hearing as soon as possible after the need is determined, and a continuance requires an affirmative showing of good cause.
A motion for continuance of a trial date must be noticed for hearing as soon as possible after the need for continuance has been determined. No continuance will be granted except upon an affirmative showing of good cause (CRC § 3.1332).
Page 43 | 9.4 Requests for Changes in Trial Dates
After the parties have been served, a continuance request must be made in writing at least ten days before the scheduled court date.
If a continuance is requested after parties have been served, the request must be made in writing at least ten days prior to the scheduled court date.
Page 48 | 12.3 Continuances
The court may refuse a trial-continuance request that is untimely or does not satisfy the section’s requirements.
The court may refuse to grant a requested trial continuance if it is not timely, or if it fails to meet the requirements specified in this section.
Page 43 | 9.4 Requests for Changes in Trial Dates
The court will grant a continuance when rescheduling is necessary to properly serve the opposing party.
If it is necessary to reschedule the trial date in order to properly serve the opposing party, the court will grant a continuance pursuant to Civil Code of Procedure § 116.570.
Page 48 | 12.2 Calendaring
A small claims action may be dismissed without prejudice if the plaintiff does not appear, unless the plaintiff contacts the court in writing before the hearing date to request a continuance.
The court will dismiss, without prejudice, any small claims action for which there is no appearance by the plaintiff at the scheduled hearing, unless the plaintiff contacts the court in writing prior to the hearing date to request a continuance.
Page 49 | 12.4 Dismissals
Chambers Communication Rules
Written communications submitted ex parte to the Court by or for defendants or victims will be rejected.
Written communications submitted ex-parte to the Court by or on behalf of defendants or victims will be rejected.
Page 22 | 4.6 Felony Sentencing
The parties must contact the court before close of business on the preceding court day to determine whether an order regarding remote appearance has issued.
The parties shall contact the court prior to the close of business on the court day before the proceeding to determine whether an Order Regarding Remote Appearance has issued.
Page 56 | E. Hearing On Opposition To Remote Proceedings At Evidentiary Hearing Or Trial