Merced Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- 3 copies
Motion, Opposition, Reply, Exhibits
- At Filing
Communication
Phone
Fax
Clerk
Page & Word Limits2 rules
A memorandum of points and authorities shall not exceed fifteen (15) pages, excluding exhibits, declarations or attachments.
- Memorandum of points and authorities
- Up to 15 pages
Excluded from page count
- •Exhibits
- •Attachments
A party may request an exemption from the 15-page memorandum limit by filing an ex parte application two days before the motion or response is due and stating good cause.
- Page limit
- Up to 15 pages
Court's wording
Any party may file an ex- parte, application with the court scheduled to hear the motion, requesting to exceed the fifteen (15) page limitation, two (2) days before the motion is to be filed or response due. Such written request must set forth good cause why the fifteen (15) page limit needs to be exceeded.
Document Format Requirements20 rules
This notice must be in writing and contain specific information depending upon the type of notice the Landlord is giving.
All attachments and exhibits shall comply with California Rules of Court, rule 3.1110 and rule 3.1113.
Larger records are to be submitted on USB, CD or DVD.
A multi-page exhibit must be sequentially numbered, and an unnumbered original must be Bates labeled by the party offering it.
- More than 1 page
Formatting
- •Exhibits consisting of more than one page must be numbered sequentially
Court's wording
If an exhibit consists of more than one page, the exhibit shall be numbered sequentially. If the original document offered as an exhibit is not numbered sequentially, it shall be Bates labeled by the party seeking to introduce the exhibit.
Every page requires an identifying mark.
Type or print in black ink.
Formatting
- •Type or print in black ink
Type or print in black ink
Formatting
- •Type or print in black ink
9. DO NOT WRITE IN THIS SECTION.
Static digital images, such as photographs and Power Point style presentations, must be submitted in both electronic and printed format.
Other types of media must be submitted in a format compatible with those authorized by the Court.
5. Images: a. JPEG; b. GIF; c. PNG; d. TIFF.
4. Documents: a. PDF-A; b. Microsoft Office compatible format.
Electronic-exhibit discs must use one of the listed acceptable formats and may not use any of the nine listed unacceptable formats.
Formatting
- •Unacceptable: Formats not listed as acceptable
- •Unacceptable: PHOTO CD format
- •Unacceptable: Data part of CD-Extras
- •Unacceptable: DVD Audio
- •Unacceptable: DVD-RAMs
- •Unacceptable: A non-standard-shaped disc, such as a card or heart
Court's wording
3. DVD-ROM/DVD+RW/DVD+R/DVD-RW/DVD-R: a. MP3 audio tracks and JPEG image files of format conforming to ISO 9660 Level 1/Level 2, or its extended format, Joliet; b. S8 cm DVD+RW, DVD-RW, and DVD-R recorded with a DVD Video camera; c. .av format packaged with appropriate Insight AV Player files. d. The following formats are not acceptable: (1) Formats not listed above; (2) PHOTO CD format; (3) Data part of CD-Extras; (4) DVD Audios; (5) HD layer on Super Audio CDs; (6) DVD-RAMs; (7) DVD VIDEO’s with a different region code; (8) A disc recorded in a color system other than NTSC; (9) A non-standard shaped disc (e.g. card, heart).
The records must be both searchable and readable.
The pages of the administrative record must be numbered consecutively.
Each in limine motion must have a title identifying the moving party and motion, with sequential numbering that states the total number submitted by that party.
- In limine motion
Formatting
- •The title must identify the moving party
- •The title must describe the nature of the motion
- •Each motion must be numbered sequentially
Court's wording
Motions in limine shall be prepared in the form prescribed as follows: The title of each in limine motion shall identify the moving party and describe the nature of the motion, and shall be numbered sequentially, indicating the total number of in limine motions submitted by the moving party.
Written opposition to in limine motions, if any, shall identify both the party filing the opposition, and the specific motion which is being opposed by name of moving party and motion number.
Each paragraph of any declaration shall be numbered sequentially. The original and all copies of exhibits and attachments shall be tabbed and shall be referred into the pleadings or papers by tab identification.
Formatting
- •Number each declaration paragraph sequentially
Orders shall have the scheduled hearing date, time, and department noted on the face sheet below the title of the document.
- Type or print in black ink.
Formatting
- •Type or print in black ink
Document Filing Requirements112 rules
File this cover sheet in addition to any cover sheet required by local court rule.
Items 1–6 below must be completed (see instructions on page 2).
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions.
If you are filing a first paper (for example, as compared to a case case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1.
In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex.
(Complete in all cases.) An unlawful detainer assistant ☐ did not ☐ did for compensation give advice or assistance with this form.
3. ☐ (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4).
A declaration of nonmilitary status is required when requesting a judgment.
Must include
- •Declaration of nonmilitary status
Court's wording
8. ☐ Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act
7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5):
- Document
- Request for entry of default
Must include
- •Memorandum of costs
5. ☐ Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)).
6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was
The original notice to quit, or a copy of it, must be attached to the declaration for default judgment unless it was already attached to the original complaint.
Court's wording
d. ☐ The original or copy of the notice specified in item 6a is attached to (specify): ☐ the original complaint. ☐ this declaration, labeled Exhibit 6d. (The original or a copy of the notice MUST be attached to this declaration if not attached to the original complaint.)
NOTE: ONLY USE THIS FORM FOR COURT JUDGMENTS FOR MONEY DAMAGES
Do not mark this box because if you have an attorney, you should not be using this packet.
If you are requesting money damages, check box 12 and write the answers at the end of a through d.
Mark box a if the defendant has vacated the property and the date defendant left the property. If the defendant continues to reside at the property, mark box b and write today's date.
Mark box 6 and mark the box that describes the type of notice that was served on the defendant(s).
If you are requesting court costs, including the filing fee you paid for this action, write that amount after the dollar sign.
For box 10, if you requested money on your complaint, complete this section by marking the box that indicates how you calculated the money owed. Note: the amount shown here must not exceed the amount requested on the complaint.
Write only your name after Plaintiff, and write the name of the primary or main Defendant.
Write the case number
Include
- •Case number
For box 9, write the date the Notice expired.
For box 8, mark the appropriate box describing to which form you attached the Proof of Service of the notice.
For number 7, write the names of all defendants. For boxes (1-3) mark the box describing each defendant was served. Make sure to write the date that each defendant was served.
If you are not the landlord and you are filing this on behalf of the landlord and you are requesting a money judgment mark box 15. If you are requesting a money judgment, mark box a, and complete the appropriate boxes and dollar amounts.
If you have attached documents to this form, you must mark the appropriate boxes informing the court that you have done so and what each attachment (exhibit) is.
Write the date and print your name on the left. Sign your name on the right.
Write the case number.
Include
- •Case number
For box b, check this box only if a clerk's judgment for possession was not entered previously in this case. Mark box c if you would like the court to cancel the rental agreement or if you want the court to order forfeiture of the lease.
Write the case number here.
Include
- •Case number
Fill in the case number where circled above.
Include
- •Case number
21. ☐ Exhibit 6d: Original or copy of the notice to quit under item 6a (MUST be attached to this declaration if it is not attached to original complaint).
22. ☐ Exhibit 8b: Original or copy of proof of service of notice in item 6a (MUST be attached to this declaration if it is not attached to original complaint).
Whenever the Clerk grants an extension as indicated above, a Minute Order shall be prepared requiring the defendant's signature. In the space provided for the Judges' signature, the clerk shall write the words "Per Standing Order 2007-0008," followed by the Clerk's name.
- Document
- Minute order
- Placement
- Signature block
Must include
- •Per Standing Order 2007-0008
The requesting agency will need to complete the (MC-500) and the (MC-510) and e-mail those forms to all.executive-assistants@mercedcourt.org.
There are two forms that need to be submitted when the Media is requesting to photograph, record, or broadcast an event. There is the Media Request and the Order on Media Request to Permit Coverage (MC-500) and (MC-510).
All proposed orders (MC-510) submitted with a media request (MC-500) must include the following language: 1. Personnel and equipment shall be placed in the back of the courtroom.
All proposed orders (MC-510) submitted with a media request (MC-500) must include the following language: 2. Only still photography and video coverage of counsel and defendant is permitted. Photographing and/or video coverage of judicial officers, court staff, and jurors is not permitted.
Each request must consist of an application, supporting evidence (usually in the form of a sworn declaration), and a proposed order.
- Document
- Request for destruction disposition or return of property
Must include
- •Proposed order
The proposed order must have a proper caption and a line where the Criminal Presiding Judge can sign.
- Document
- Proposed order
- Placement
- Caption
A party in any type of civil case must file a statement prior to the Case Management Conference date indicating whether the party requests the presence of an official court reporter.
Prior to bringing any toxic, hazardous or potentially hazardous materials into the courtroom, counsel shall provide to the Court a written statement containing information as hereinafter set forth:
If counsel seeks permission to introduce oral testimony, the statement required by rule 3.1306 must include an explanation as to why the evidence cannot be presented by declaration or affidavit.
Failure to file a Memorandum of Points and Authorities by the filing deadline or to comply with rule 3.1113, California Rules of Court, is a waiver of the memorandum; and in the case of the moving party, the failure to timely file may be considered an admission that the motion is without merit.
Unless the Court orders otherwise or prepares the order after hearing on its own, the prevailing parties shall prepare a written order following any hearing on the Law and Motion calendar.
A workplace-violence restraining-order filing must include the six specified forms, with attachments to the WV-100 petition.
Court's wording
(4) Workplace Violence (i) CM-010 Civil Case Cover Sheet; (ii) CLETS-001 Confidential CLETS Information (iii) WV-100 Petition for Workplace Violence Restraining Orders, plus any attachments; (iv) WV-109 Notice of Court Hearing; (v) WV-110 Temporary Restraining Order; (vi) WV-130 Workplace Violence Restraining Order After Hearing
The listed forms for School Violence are CM-010, CLETS-001, SV-100 and attachments, SV-109, and SV-110.
Court's wording
(5) School Violence (i) CM-010 Civil Case Cover Sheet; (ii) CLETS-001 Confidential CLETS Information (iii) SV-100 Petition for Private Postsecondary School Violence Restraining Orders, plus any attachments; (iv) SV-109 Notice of Court Hearing; (v) SV-110 Temporary Restraining Order;
A gun-violence restraining-order filing must include the six specified forms, with attachments to the GV-100 petition.
Court's wording
(3) Gun Violence (i) CM-010 Civil Case Cover Sheet; (ii) CLETS-001 Confidential CLETS Information (iii) GV-100 Petition for Gun Violence Restraining Orders, plus any attachments; (iv) GV-109 Notice of Court Hearing; (v) GV-110 Temporary Gun Violence Restraining Order; (vi) GV-130 Gun Violence Restraining Order After Hearing or Consent to Gun Violence Restraining Order
Filing & Service rules
Electronic Filing Rules
A party that changes its E-Service address must promptly electronically file a notice of change and serve that notice on all other parties or their attorneys.
A party whose E-Service address changes while the action or proceeding is pending must promptly electronically file a notice of change of E-Service address or Judicial Council Form EFS 010, Notice to Change Electronic Service Address, with the Court, and must serve this notice on all other parties or their attorney(s) ofrecord.
Page 65 | ELECTRONIC SERVICE OF DOCUMENTS BY THE COURT
Initial criminal filings cannot be submitted through electronic filing.
Initial Criminal filings are not yet accepted through e-filing.
Page 25 | Electronic Filing — 2. Permissive Electronic Filings
Electronic filings must use an electronic service provider approved by the court, as listed on the court's website.
The electronic filing of documents requires the use of an approved electronic service provider. Approved electronic filing service providers are listed on the court’s website at www.merced.courts.ca.gov.
Page 25 | Electronic Filing — 3. Electronic Filing Service Providers
Parties must file documents electronically in limited, unlimited, and complex civil actions and in non-DCSS family law and probate matters in accordance with Code of Civil Procedure section 1010.6 and California Rules of Court, rules 2.250-2.559, unless parties are excused from doing so by the Court. Self-represented parties are exempt from mandatory electronic filing and service requirements. A document that is filed electronically shall have the same legal effect as an original paper document.
Parties must file documents electronically in limited, unlimited, and complex civil actions and in non-DCSS family law and probate matters in accordance with Code of Civil Procedure section 1010.6 and California Rules of Court, rules 2.250-2.559, unless parties are excused from doing so by the Court. Self-represented parties are exempt from mandatory electronic filing and service requirements. A document that is filed electronically shall have the same legal effect as an original paper document.
Page 25 | Electronic Filing — 1. Mandatory Electronic Filing
Civil bench warrants, subpoenaed documents, bonds, undertakings, and original wills or codicils may not be filed electronically.
Notwithstanding any other provision of law or this rule certain original documents may not be filed electronically, including civil bench warrants, subpoenaed documents, bonds, undertakings, and original wills/codicils.
Page 26 | Electronic Filing — 7. Limitations on Filings
Sealed documents may not be filed electronically and must be filed and lodged through conventional means.
Sealed documents must be filed and lodged conventionally.
Page 26 | Electronic Filing — 7. Limitations on Filings
An in-person or mail filing requires an original and two copies of the initial forms and proposed orders, while an electronic filing requires only one.
Petitioner is required to complete and file an original and two copies of the initial forms and the proposed orders if filing in person or by mail; only one is required if e-filing.
Page 39 | 1. Restraining Orders
Administrative records must be submitted electronically, with electronic filing permitted for records no larger than 25mb.
Any administrative records lodged with the court must be submitted in an electronic format. Records consisting of 25mb or less may be e-filed.
Page 41 | RULE 3.2: ADMINISTRATIVE RECORDS
Electronic filing is permitted for subsequent filings in criminal matters.
E-filing is available for subsequent filings in criminal matters.
Page 25 | Electronic Filing — 2. Permissive Electronic Filings
An exhibit that cannot be accurately transmitted electronically because of its size or type may not be e-filed.
Any exhibit that cannot be accurately transmitted via electronic filing due to its size or type may not be electronically filed.
Page 26 | Electronic Filing — 7. Limitations on Filings
Attorneys and self-represented parties may electronically file available matters, including specified Family Code and Penal Code petitions.
Attorney and self-represented parties may e-file as available, including petitions pursuant to Family Code section 6307 and Penal Code section 18122.
Page 25 | Electronic Filing — 2. Permissive Electronic Filings
Filing Timing and Cure Windows
An individual served with a Prejudgment Claim of Right to Possession has 10 days to file the claim with the court.
If a Prejudgment Claim of Right to Possession was served, the individual served has 10 days to file his/her Claim of Right to Possession with the Court.
Page 5 | WHAT IS NEXT
When the tenant was served by substitute service or nailing and mailing, a default judgment cannot be requested until the 16th day after service.
i.e. a default Judgment cannot be requested until the 16th day after the papers were served in this manner
Page 5 | WHAT IS NEXT
A tenant personally served with the summons and complaint has five days to file an answer with the court.
The tenant has five (5) days after being served personally with your Summons and Complaint to file his/her Answer with the Court.
Page 5 | WHAT IS NEXT
Service of the Prejudgment Claim of Right to Possession extends the waiting period before proceeding by 10 days.
Service of this form will extend the time you have to wait (10 days) before proceeding in your case but it will permit you to evict unknown adults living at the residence from the property as well.
Page 5 | Posting and mailing
A tenant served by substitute service or nailing and mailing receives an additional 10 days to file an answer.
If a tenant was sub-served (papers served on another adult living at the home and subsequently mailed) or served by nailing (and mailing) a copy of the Summons and Complaint to the tenant, then the tenant has an additional 10 days to file his or her answer with the court
Page 5 | WHAT IS NEXT
A defendant must file a written response within five calendar days after service, subject to the stated weekend and court-holiday extension.
You have 5 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff.
Page 11 | SUMMONS (CITACION JUDICIAL)
If you live here, you must complete and submit this form within 10 days of the date of service shown on it to avoid eviction without further court hearing along with the persons named in the Summons and Complaint.
If you live here and you do not complete and submit this form within 10 days of the date of service shown on this form, you will be evicted without further hearing by the court along with the persons named in the Summons and Complaint.
Page 21 | PREJUDGMENT CLAIM OF RIGHT TO POSSESSION
The filing fee must be paid, or a fee-waiver application filed, within 10 court days after service to preserve entitlement to the claim.
I understand that if I don't pay the filing fee or file with the court the form for waiver of court fees within 10 days from the date of service on this form (excluding court holidays), I will not be entitled to make a claim of right to possession.
Page 21 | PREJUDGMENT CLAIM OF RIGHT TO POSSESSION
11. (Response required within five days after you file this form) I understand that I will have five days (excluding court holidays) to file a response to the Summons and Complaint after I file this Prejudgment Claim of Right to Possession form.
11. (Response required within five days after you file this form) I understand that I will have five days (excluding court holidays) to file a response to the Summons and Complaint after I file this Prejudgment Claim of Right to Possession form.
Page 22 | PREJUDGMENT CLAIM OF RIGHT TO POSSESSION
An unlawful detainer case must be set for trial no later than 20 days after the first request to set the case for trial.
An unlawful detainer case must be set for trial on a date not later than 20 days after the first request to set the case for trial is made (Code Civ. Proc., § 1170.5(a)).
Page 33 | NOTICE
The CASA Advocate must submit a written findings and recommendations report to the CASA Advocate Coordinator at least 15 days before the hearing, and the Coordinator must file it with the Court at least 10 days before the hearing.
9. Attend Court hearings and submit a written report to the CASA Advocate Coordinator outlining the Advocate's findings and recommendations at least fifteen (15) days prior to the hearing. The CASA Advocate Coordinator will file the report with the Court at least ten (10) days before the hearing.
Page 67 | Court Appointed Special Advocates Program
A serving CASA must file its written hearing reports at least 10 calendar days before the hearings.
A. In any case in which a CASA has been appointed by the Court and is now serving on that case, the CASA must file and serve written reports to the Court and on the parties and/or their counsel at least ten (10) calendar days before the hearings.
Page 69 | Filing And Distribution of Casa Court Reports
The civil-case statement must be filed before the Case Management Conference date.
A party in any type of civil case must file a statement prior to the Case Management Conference date indicating whether the party requests the presence of an official court reporter.
Page 18 | 3. Court Reporting Services Requested by Parties for Civil Trial
Judges’ signed orders must be filed immediately in the clerk’s office and may not be removed from the courthouse before filing.
All orders signed by a Judge must be filed immediately in the clerk’s office. An unfiled, signed order shall not be taken from the courthouse.
Page 24 | Rule 2: Filing Procedures — Filing of Orders
Papers necessary for hearings in the listed default, dissolution, probate, adoption, minor-compromise, and related matters must be filed on the third court day before the hearing.
All papers necessary to hearing in default cases (including default dissolutions), return of service on orders to show cause (except wherein the Court has by order shortened the time of service), probate matters, adoptions, compromise claims of minors, including proof of notice, posting affidavits of publication, agreements in dissolution actions, etc., shall be filed on the third court day preceding the date set for hearing.
Page 24 | Rule 2: Filing Procedures — Time of Filing Papers
A document requiring same-day service must be electronically filed by 5 p.m. on the filing-due court day.
However, if same day service of a document is required, the document shall be electronically filed by 5 p.m. on the court day that the filing is due.
Page 25 | Electronic Filing — 4. Effective Filing Dates
A mandatory electronic filing submitted before midnight is deemed filed that day.
Electronically filed documents subject to the mandatory electronic filing requirements filed prior to midnight will be deemed filed as of that day pursuant to Code of Civil Procedure section 1010.6, subdivision (d)(1)(D).
Page 25 | Electronic Filing — 4. Effective Filing Dates
For this rule, the filing date and time are based on when the court receives the document and creates a confirmation of receipt.
For purposes of this rule, a document is deemed filed on the date and at the time it is received by the court and a confirmation of receipt is created in accordance with California Rules of Court, rule 2.259(a)(1).
Page 25 | Electronic Filing — 4. Effective Filing Dates
An electronically transmitted document is not deemed filed unless the clerk accepts it for filing.
No document transmitted electronically is deemed filed unless it is accepted for filing by the clerk.
Page 25 | Electronic Filing — 4. Effective Filing Dates
The party seeking an ex parte order should submit the application, supporting papers, and fees to the clerk no later than 2:00 p.m. on the preceding court day.
The Court requests that the party seeking an ex parte order submit the application and all supporting papers and fees to the clerk for filing no later than 2:00 p.m. on the Court day preceding the hearing.
Page 39 | H. Ex Parte Matters
The Case Management Statement must be filed no later than 15 calendar days before the scheduled case-management conference or review.
Such statement must be filed no later than 15 calendar days before the date set for the case management conference or review as specified in California Rules of Court, rule 3.725.
Page 42 | RULE 3.5: CASE MANAGEMENT
The mandatory settlement conference statement must be filed and served at least five court days before the scheduled hearing.
It is mandatory that all parties or counsel shall, at least five (5) court days prior to the scheduled hearing, file with the Clerk of the Superior Court and serve on each party, a mandatory settlement conference statement on Local Form MSC-CV-051
Page 45 | D. Mandatory Settlement Conference Statements
Plaintiff must file a dismissal request within 45 days after settlement unless dismissal is conditioned on performance of terms not completed within 45 days.
A request for dismissal must be filed by Plaintiff within forty-five (45) days after the date of settlement unless the settlement agreement conditions dismissal on the satisfactory completion of terms that are not to be performed within forty-five (45) days of the settlement.
Page 46 | H. Notice of Settlement or Dismissal
Any written opposition to an in limine motion must be filed by 4:00 p.m. three court days before the initial trial call date.
Written opposition to in limine motions, if any, shall be filed and served on opposing counsel no later than 4:00 p.m., three (3) Court days prior to the initial trial call date.
Page 53 | E. In Limine Motions
All other motions in limine must be filed and served on opposing counsel by 4:00 p.m. six court days before the trial call date.
All other motions in limine shall be filed and served on opposing counsel no later than 4:00 p.m., six (6) Court days prior to the trial call date.
Page 53 | E. In Limine Motions
Unless otherwise ordered or legally excused, pretrial motions must be served and filed at least 10 court days before hearing, opposition papers at least 5 court days before hearing, and reply papers at least 2 court days before hearing.
Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least ten (10) court days, all papers opposing the motion at least five (5) court days, and all reply papers at least two (2) court days before the time appointed for hearing.
Page 56 | G. Filing of Motions
A Vehicle Code section 40902(d) request for trial de novo must be filed within 20 days after the original decision is mailed.
A request for a trial de novo pursuant to Vehicle Code section 40902(d) must be filed no later than twenty (20) days from the date of mailing of the Court’s original decision.
Page 62 | RULE 17: TRAFFIC RULES, A. Traffic Notice to Appear Pursuant to VC Section 40500
A serving CASA must file written reports with the Court and serve the parties or their counsel at least 10 calendar days before the specified review, permanency, selection and implementation, and post-permanency planning hearings.
In any case in which a CASA has been appointed by the Court and is now serving on that case, the CASA must file and serve written reports to the Court and on the parties and/or their counsel at least ten (10) calendar days before each of the following hearings: those dispositional hearings that have been continued pursuant to Welfare and Institutions Code Section 358, subdivision (a) six-month review; twelve-month review (permanency hearing); eighteen-month review (permanency review hearing); selection and implementation hearing (366.26 hearing); and post- permanency planning reviews.
Page 79 | RULE 201.2: FILING AND DISTRIBUTION OF CASA COURT REPORTS
A declaration must be filed and approved before March 31 each calendar year to remain on the court’s eligible-counsel list.
To remain on the court’s list of counsel eligible for appointment, a declaration must be filed and approved before March 31 of each calendar year.
Page 82 | D. Procedure for Screening to Ensure Parties are Represented by Competent Appointed and Retained Counsel
Each party has 20 days, plus 5 days for mailing, from the date the Family Law Clerk's office mails the recommended order to file an objection with the Court.
Each party will have twenty (20) days (plus 5 days for mailing) from the date the Family Law Clerks’ office mails out the recommended order to file an objection with the Court.
Page 87 | B. Standard Orders When Private Evaluation Ordered by Court
Exhibit lists, witness lists, expert witness declarations, and trial briefs must be served and filed no later than fourteen days before the first trial or long-cause-hearing day.
All Exhibit Lists, Witness Lists, Expert Witness Declarations and Trial Briefs shall be served and filed no later than fourteen (14) days prior to the first day set for trial/long cause hearing.
Page 94 | A. Exhibit Lists, Witness Lists, Expert Witness Declarations, and Trial Briefs
All parties or counsel must file a settlement conference statement with the Superior Court clerk and serve it on every party at least ten days before the scheduled hearing.
It is mandatory that all parties or counsel shall, at least ten (10) days prior to the scheduled hearing, file with the Clerk of the Superior Court and serve on each party, a settlement conference statement on containing the following:
Page 94 | E. Mandatory Settlement Conference Statements
When a remote appearance is granted, all exhibits and documents must be lodged with the court at least two court days before the first trial or long-cause-hearing day.
If a remote appearance is granted all exhibits, documents, etc shall be lodged with the Court at least two (2) court days prior to the first day of trial/long cause hearing.
Page 94 | B. Remote Appearances at Trial/Long Cause Hearing
Media requests generally require five days' notice, although a Judicial Officer may find good cause to permit a later request.
There is a five-day notice rule (CRC Rule 1.150) for Media Requests, but a Judicial Officer can find “good cause” if the request comes in at a later time.
Page 16 | MEDIA REQUESTS-CALIFORNIA RULES OF COURT, RULE 1.150
A CASA may submit reports for noticed special hearings, but any such report must be filed at least five calendar days before the hearing.
The CASA may also submit reports for any special hearings noticed to CASA of Merced County and if submitted, those written CASA reports must be filed and served on the parties and/or their counsel at least five (5) calendar days before the hearing.
Page 69 | Filing And Distribution of Casa Court Reports
The stated electronic-filing timing rules do not restrict the clerk's authority to reject filings.
Nothing in this section shall limit the clerk’s authority to reject filings.
Page 25 | Electronic Filing — 4. Effective Filing Dates
If you are filing documents to cure a technical defect, documents should be filed a minimum of 3 court days prior to the hearing.
If you are filing documents to cure a technical defect, documents should be filed a minimum of 3 court days prior to the hearing.
Page 70 | L. Probate Examiner’s Notes
A CASA report for a noticed special hearing is optional, but if submitted it must be filed at least 5 calendar days before the hearing.
The CASA may also submit reports for any special hearings noticed to CASA of Merced County and if submitted, those written CASA reports must be filed and served on the parties and/or their counsel at least five (5) calendar days before the hearing.
Page 79 | RULE 201.2: FILING AND DISTRIBUTION OF CASA COURT REPORTS
A CASA appointed before jurisdiction is established may submit a report for the jurisdictional hearing, but any such report must be filed with the Court at least 2 court days before the hearing.
If the CASA is appointed before jurisdiction is established under Welfare and Institutions Code section 300, the CASA may submit a written report to the Court for consideration by the Court at the jurisdictional hearing; and such report must be filed and served on the parties and/or their counsel at least two (2) Court days before the jurisdictional hearing.
Page 79 | RULE 201.2: FILING AND DISTRIBUTION OF CASA COURT REPORTS
Retained counsel should file the declaration at least five court days before the first court appearance if time permits, or present it at that appearance.
If retained, counsel should file the declaration into the case in the appropriate clerk’s office at least five (5) court days prior to their first court appearance, if time permits, or present it to the Court at their first appearance.
Page 82 | D. Procedure for Screening to Ensure Parties are Represented by Competent Appointed and Retained Counsel
Ex parte hearing requests are reviewed by a judicial officer and set for hearing within one to two court days after submission.
All ex parte requests for hearing shall be reviewed by a Judicial officer and set for hearing per the Judicial officer’s instruction. All requests will be reviewed within 1 to 2 court days of submission.
Page 90 | RULE 411: EX PARTE ORDERS
Service and Proof of Service Rules
Before filing an eviction action, the landlord must properly serve the tenant with a 3-day, 30-day, 60-day, or 90-day notice.
Before a Landlord can bring a court action to evict the tenant(s), the landlord must have the tenant(s) properly served with notice (a 3 day, 30 day, 60 day or 90 day notice).
Page 1 | HOW TO GET STARTED
When no one is available, the landlord may post the notice in an easily visible location and must also mail a copy to the tenant.
**"Nail and Mail" (posting) service:** If there is no one home to leave the papers with, the landlord can tape or nail the notice to the front door or somewhere where it can be seen easily, AND then they **must** send a copy by mail to the tenant at the property.
Page 3 | WHO CAN SERVE THE NOTICE/HOW TO SERVE THE NOTICE
If the tenant is absent, the landlord may leave the notice with an adult at the house but must also mail a second copy to the tenant.
**Substitute service:** If the tenant isn't home, the landlord can leave the notice with someone else at least 18 who is at the house AND then they **must** mail a second copy to the tenant at the property.
Page 3 | WHO CAN SERVE THE NOTICE/HOW TO SERVE THE NOTICE
The notice may be personally served on the tenant by the landlord or another person.
**Personal service:** The landlord or someone else gives the notice directly to the tenant in person.
Page 3 | WHO CAN SERVE THE NOTICE/HOW TO SERVE THE NOTICE
The person serving the notice must be at least 18 years old.
The person who serves the notice must be at least 18 years old.
Page 3 | WHO CAN SERVE THE NOTICE/HOW TO SERVE THE NOTICE
After substituted service, the server must mail a copy of the Summons and Complaint to the tenant at the service address.
The server must also mail a copy of the Summons and Complaint to the tenant at the address where the papers were left.
Page 4 | WHAT DO I DO AFTER I FILE
For personal service, the server gives the papers directly to the tenant in person.
Personal Service: The server personally gives the tenant the papers in person.
Page 4 | WHAT DO I DO AFTER I FILE
If the tenant is absent from home or work, the server may give the papers to an adult in charge at the tenant's home or workplace.
Substituted Service: If the tenant is not at home or work when the server comes, the server can give the court papers to an adult in charge where the tenant lives or works.
Page 4 | WHAT DO I DO AFTER I FILE
After filing, an adult other than the landlord must serve the Summons, Complaint, and blank Answer form on each named tenant.
Next, the Summons and Complaint and a blank Answer form (UD-105) must be served on each tenant named in the complaint in the following manner by someone other than the Landlord who is over age 18:
Page 4 | WHAT DO I DO AFTER I FILE
When a Prejudgment Claim of Right to Possession is served, the sheriff or registered process server must complete and file a Proof of Service with the clerk.
If the Prejudgment Claim of Right to Possession is served a Proof of Service must be completed by the Sheriff or registered process server and filed with the clerk as well.
Page 5 | Posting and mailing
Posting and mailing require court permission after unsuccessful attempts at personal and substitute service, supported by a declaration.
The landlord can only use this type of service if the court gives him/her permission. To ask the court, the server must first try to serve the tenant in person and by substitute service, and write a declaration for the court explaining that they were not successful.
Page 5 | Posting and mailing
After service on each defendant and any unknown adults, the person serving the documents must complete a Proof of Service and file it with the court.
After service of the documents on each defendant in the case (and possibly unknown adults), a Proof of Service must be completed by the person serving the documents showing when and how the documents were served and upon whom and that Proof of Service form must be filed with the Court.
Page 5 | Posting and mailing
When posting and mailing is authorized, the server must post one copy of the summons and complaint at the property and mail another copy there.
If the judge lets the landlord serve by posting and mailing, the server has to post a copy of the summons and complaint on the property where the tenant will see it, and send another copy by mail to the property
Page 5 | Posting and mailing
A sheriff or registered process server must serve a blank Prejudgment Claim of Right to Possession together with the summons and complaint on unknown adult occupants.
Unlike the Summons and Complaint for named tenants, the law requires that a Sheriff or registered process server serve this form for you. The Sheriff or registered process server must serve the form in blank together with the Summons and Complaint on the other unknown adults.
Page 5 | Posting and mailing
In a complex civil case, a copy of the Civil Case Cover Sheet must be served on all other parties to the action or proceeding.
If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding.
Page 7 | NOTICE
When known related cases exist, a Notice of Related Case must be filed and served; Form CM-015 may be used.
If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)
Page 7 | CIVIL CASE COVER SHEET
When the plaintiff designates a case as complex, the cover sheet must be served with the complaint on every party.
If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action.
Page 10 | INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
A copy of the written response must be served on the plaintiff when the response is filed.
have a copy served on the plaintiff
Page 11 | SUMMONS (CITACION JUDICIAL)
A separate proof-of-service form must be completed for each defendant.
Fill out one proof of service form for each defendant.
Page 14 | How to fill out – SUMMONS – UNLAWFUL DETAINER SUM-130
Service may be made on behalf of all defendants who signed a joint written rental agreement.
was served on behalf of all defendants who signed a joint written rental agreement.
Page 16 | COMPLAINT—UNLAWFUL DETAINER
The notice may be served by leaving a copy with a person of suitable age and discretion at the defendant's residence or business, with required mailing in the stated circumstances.
by leaving a copy with (name or description): a person of suitable age and discretion, on (date): at defendant's
Page 16 | COMPLAINT—UNLAWFUL DETAINER
Proof of service of the notice must be attached to the complaint and labeled Exhibit 3.
Proof of service of the notice in item 7a is attached and labeled Exhibit 3.
Page 16 | COMPLAINT—UNLAWFUL DETAINER
The notice may be served by posting a copy on the premises under the specified additional-delivery circumstances.
by posting a copy on the premises on (date):
Page 16 | COMPLAINT—UNLAWFUL DETAINER
The notice may be served by personally handing a copy to the defendant.
by personally handing a copy to defendant on (date):
Page 16 | COMPLAINT—UNLAWFUL DETAINER
A copy must be sent to defendant by certified or registered mail on the specified date.
by sending a copy by certified or registered mail addressed to defendant on (date):
Page 16 | COMPLAINT—UNLAWFUL DETAINER
For nonresidential tenancies, the notice may be served in the manner specified in the written commercial lease.
in the manner specified in a written commercial lease between the parties.
Page 16 | COMPLAINT—UNLAWFUL DETAINER
A copy of the proof of service for the notice must be attached as Exhibit 3.
Check box d and attach a copy of the Proof of Service of the notice in item 7a and label it "Exhibit 3."
Page 19 | DIRECTIONS
A copy of the notice must be attached to the complaint and labeled Exhibit 2.
Attach a copy of the notice and label it "Exhibit 2).
Page 19 | DIRECTIONS
Only a marshal, sheriff, or registered process server may personally serve the Prejudgment Claim of Right to Possession on all persons at the residence.
Only a marshal, sheriff, or registered process server may serve a Prejudgment Claim of Right to Possession on all persons at the residence at the time of service.
Page 23 | PREJUDGMENT CLAIM OF RIGHT TO POSSESSION – UNLAWFUL DETAINER — DIRECTIONS
The Prejudgment Claim of Right to Possession must be posted conspicuously at the residence.
It must also be posted in a conspicuous place (such as a door) AND mailed to the residence.
Page 23 | PREJUDGMENT CLAIM OF RIGHT TO POSSESSION – UNLAWFUL DETAINER — DIRECTIONS
The mailed Prejudgment Claim of Right to Possession must be addressed to “All Occupants.”
It must be addressed to “All Occupants.”
Page 23 | PREJUDGMENT CLAIM OF RIGHT TO POSSESSION – UNLAWFUL DETAINER — DIRECTIONS
The person serving summons must be at least 18 years old and must not be a party to the action.
At the time of service I was at least 18 years of age and not a party to this action.
Page 25 | PROOF OF SERVICE OF SUMMONS
A separate proof of service is required for each party served.
(Separate proof of service is required for each party served.)
Page 25 | PROOF OF SERVICE OF SUMMONS
I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20).
I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20).
Page 25 | PROOF OF SERVICE OF SUMMONS
For substituted service, the server must inform the recipient of the general nature of the papers being served.
I informed him or her of the general nature of the papers.
Page 25 | PROOF OF SERVICE OF SUMMONS
Service by mail with acknowledgment requires two copies of the Notice and Acknowledgment of Receipt, a postage-paid return envelope, and attachment of the completed notice.
with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.)
Page 26 | PROOF OF SERVICE OF SUMMONS
When service by mail is made at an address outside California, return receipt must be requested.
to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)
Page 26 | PROOF OF SERVICE OF SUMMONS
Substituted service requires checking the applicable box, mailing copies to the defendant’s residence, and recording the mailing date and city.
If you served the documents by substitute service, you must check (4) and ALSO mail copies of the papers to the Defendant at the address of the residence. Include date and city of mailing.
Page 27 | How to fill out
The process server must be at least 18 years old and uninvolved in the case.
Process Server: You must be at least 18 years old and not involved with this case.
Page 27 | How to fill out
When papers are left with someone other than the defendant, use substituted service and record the date, time, and recipient’s name and relationship or title.
Check by substituted service if you left the papers with someone other than the Defendant. Include date and time. Write the name of the person, their title or relationship to the Defendant.
Page 27 | How to fill out
If the District Attorney challenges termination eligibility, Probation and defense counsel must be properly notified, and defense counsel must calendar the matter for judicial determination if necessary.
If the District Attorney’s Office challenges the Probation Department’s determination of termination eligibility, Probation and Defense Counsel will be properly noticed, and Defense Counsel will calendar the matter with the Court for determination of eligibility if necessary.
Criminal cases
Page 2 | Determination Procedure
Filing Fees and Waivers
The filing fee is $385 when requesting between $10,000 and $25,000 in back rent or damages.
If you are requesting between $10,000 and $25,000 the filing fee is $385.
Page 4 | WHERE TO FILE/ COST OF FILING/NUMBER OF COPIES
The filing fee is $240 when requesting up to $10,000 in back rent or damages.
If you are requesting up to $10,000 in back rent or damages the filing fee is $240.
Page 4 | WHERE TO FILE/ COST OF FILING/NUMBER OF COPIES
A filing fee must be paid when the initiating documents are filed.
There is a filing fee which must be paid at the time you file your documents.
Page 4 | WHERE TO FILE/ COST OF FILING/NUMBER OF COPIES
A filing fee is required unless the claimant submits the court’s Application for Waiver of Court Fees and Costs.
(Filing fee) I understand that I must go to the court and pay a filing fee of $ or file with the court the form "Application for Waiver of Court Fees and Costs."
Page 21 | PREJUDGMENT CLAIM OF RIGHT TO POSSESSION
A $150 deposit must be made with the court five days before trial when a jury is requested.
If a jury is requested, $150 must be deposited with the court 5 days before trial (Code Civ. Proc., § 631).
Page 33 | NOTICE
When court fees and costs were waived, the declaration on the back of the Request for Dismissal must be completed.
If court fees and costs were waived, the declaration on the back of this form must be completed
Page 53 | REQUEST FOR DISMISSAL
A party recovering $10,000 or more after an initial fee or cost waiver may have a statutory lien on the recovery, and the court may refuse to dismiss until that lien is satisfied.
If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied.
Page 54 | COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
A person whose court fees were waived must complete the declaration on the reverse side of the page.
Check if your court fees were waived, and if so, complete declaration on back of page.
Page 55 | Declaration Concerning Waived Court Fees
Waived fees and costs must be paid before dismissal when the action recovers $10,000 or more through a settlement, compromise, arbitration award, mediation settlement, or other services.
The court has a statutory lien for waived fees and costs on any recovery of $10,000 or more in value by settlement, compromise, arbitration award, mediation settlement, or other services. The court has not yet been paid before the court will dismiss the case.
Page 56 | Declaration Concerning Waived Court Fees
A person recovering $10,000 or more must complete item 3 of the waived-court-fees declaration.
c. ☐ is recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)
Page 56 | Declaration Concerning Waived Court Fees
Fees must accompany the filing package submitted for an ex parte order.
The Court requests that the party seeking an ex parte order submit the application and all supporting papers and fees to the clerk for filing no later than 2:00 p.m. on the Court day preceding the hearing.
Page 39 | H. Ex Parte Matters
Restraining-order forms must be accompanied by the filing fee or the specified fee-waiver forms.
The forms must be accompanied by the filing fee or fee waiver forms (FW-001 Request to Waive Fees and FW-003 Order on Court Fee Waiver).
Page 39 | 1. Restraining Orders
The appropriate filing fee must be paid when an ex parte hearing request is submitted.
No ex parte hearing will be set unless the appropriate filing fee is paid at the time the request is submitted to the Court.
Page 90 | RULE 411: EX PARTE ORDERS
A person unable to afford the filing fee may request a fee-waiver packet from the Clerk and apply to have the fee waived.
If you cannot afford this fee, you can request a Fee Waiver packet from the Clerk's office to see if you are eligible to have the filing fee waived.
Page 4 | WHERE TO FILE/ COST OF FILING/NUMBER OF COPIES
Waived fees and costs are subject to a statutory lien on a civil settlement or arbitration award of at least $10,000, which must be paid before dismissal.
NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
Page 11 | SUMMONS (CITACION JUDICIAL)
The fee for a Certificate of Facts Regarding Unsatisfied Judgment is $15.
Certificate of Facts Regarding Unsatisfied Judgment [VC16373] ................... $ 15
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The guardianship investigation fee is $450.
Guardianship Investigation [Prob. Code 1513.1] ............................................ $ 450
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The child adoption assessment fee is $700.
Child Adoption Assessment [FC9001/9002] ................................................... $ 700
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The reasonable fee for product packets is based on actual cost.
Reasonable Fee for Product–Packets [GC70631] .................... Based on Actual Cost
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The administrative charge for a returned NSF check is $45.
Administrative Charge for Returned NSF Check [CCP411.20(a)/GC71386] . $ 45
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The administrative charge for a partial payment is $25.
Administrative Charge for Partial Payment [CCP411.21(g)] .......................... $ 25
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The administrative charge for collecting a fee after a fee waiver was granted is $25.
Administrative Charge for Collection of Fee Where Fee Waiver was Previously Granted [GC68638(a)] ............................................................... $ 25
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The fee for an extra court reporter for a one-half day is $225.
Extra Court Reporter – One-Half Day [GC69953.5] ....................................... $ 225
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The fee for handling funds held in trust is $50 when the minimum trust amount is $5,000.
Handling Funds Held in Trust ($5,000 Minimum) [GC70632] ....................... $ 50
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The court reporter per diem fee for a full day is $450.
Court Reporter Per Diem Fee – Full Day [GC68086(a)(1)(B)] ....................... $ 450
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The fee for an extra court reporter for a full day is $450.
Extra Court Reporter – Full Day [GC69953.5] ................................................ $ 450
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The bail bond fee for extending the time or setting aside a bail bond is $75.
Bail Bond Fee (Extend Time or Set Aside) [PC1305.4] .................................. $ 75
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The daily jury fee is based on actual cost.
Daily Jury Fees [CCP631(e)] ................................................... Based on Actual Cost
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The court reporter per diem fee for a one-half day is $225.
Court Reporter Per Diem Fee – One-Half Day [GC68086(a)(1)(B)] .............. $ 225
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The conservatorship investigation fee is $450.
Conservatorship Investigation [Prob. Code 1851.5] ........................................ $ 450
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The bail bond resume-liability fee is $75.
Bail Bond Resume Liability [PC1306(b)] ........................................................ $ 75
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The fee for a Petition for Change of Plea is $150.
Petition for Change of Plea [PC1203.4(d)] ...................................................... $ 150
Page 36 | Uniform Civil Filing Fees and Standard Fee Schedule Adopted and Additional Fees Adopted
The electronic fee-waiver procedure does not require waiver of a fee that is not otherwise legally waivable.
Nothing in this paragraph shall require the court to waive a filing fee that is not otherwise waivable.
Page 26 | Electronic Filing — 6. Waiver of Fees
By mail, the court accepts money orders and personal checks up to $25; it does not accept credit or debit cards.
The Court accepts money orders by mail. The court also accepts personal checks up to $25. The Court does not accept credit cards or debit cards at this time.
Page 1 | Payment Information
A filing-fee waiver form is available from the court clerk to a person unable to pay the filing fee.
If you cannot pay the filing fee, ask the court clerk for a fee waiver form.
Page 11 | SUMMONS (CITACION JUDICIAL)
A party unable to pay court fees and costs may apply for a fee waiver and should request the fee-waiver form from the court clerk.
If you cannot pay the court fees and costs, you may apply for a fee waiver. Ask the court clerk for a fee waiver form.
Page 33 | NOTICE
Parties are directed to California Rules of Court 3.50 through 3.58 for fee-waiver and related court procedures.
All parties should refer to California Rules of Court, rules 3.50-3.58.
Page 25 | Waiver of Fees and Court Procedure
A party or attorney may electronically submit a court-fee and cost waiver application in any proceeding accepting electronic filings.
The court permits a party or attorney to electronically file an application for waiver of court fees and costs in any proceeding in which the court accepts electronic filings.
Page 26 | Electronic Filing — 6. Waiver of Fees
A fee-waiver applicant need not submit documentation beyond that required by Government Code sections 68630 through 68641.
The party or attorney is not required to submit any documentation other than that set forth in sections 68630 to 68641.
Page 26 | Electronic Filing — 6. Waiver of Fees
A party with a fee waiver is exempt from electronic-filing fees and costs.
If a party with a fee waiver files documents electronically, that party is exempt from the fees and costs associated with electronic filing.
Page 26 | Electronic Filing — 6. Waiver of Fees
Courtesy Copy Requirements
Counsel must deposit three legible brief copies with the Clerk for the appellate panel.
Counsel shall also deposit with the Clerk three (3) legible copies for the assistance of the appellate panel.
Page 95 | RULE 500: APPELLATE DIVISION, C. Briefs
One courtesy copy of any motion, opposition, reply, or exhibits must be provided to the court where the hearing was set at the time of filing.
A courtesy copy of any Motion, Opposition, Reply or Exhibits shall be provided to the court in which a hearing was set at the time of the filing.
Page 56 | G. Filing of Motions
Sealing & Redaction Procedures
The filer must redact applicable personal identifiers and privileged or confidential information.
The filer is responsible for redacting any personal identifiers, privileged or confidential information when applicable.
Page 26 | Electronic Filing — 8. Confidential Documents
Medical records may be submitted by filing a redacted public copy together with an unredacted copy filed confidentially under California Rules of Court, rule 2.550(c).
Submitting a redacted copy of the records to be filed as a public record, together with a copy of the unredacted copy to be filed confidentially pursuant to California Rules of Court, rule 2.550(c).
Page 71 | M. Medical Records
As an alternative, medical records may be submitted with an application to seal in compliance with California Rules of Court, rule 2.551.
Submitting the medical records together with an application to seal in compliance with California Rules of Court, rule 2.551.
Page 71 | M. Medical Records
The clerk does not review electronically filed documents for compliance with redaction requirements.
The clerk will not review the documents for compliance.
Page 26 | Electronic Filing — 8. Confidential Documents
An electronically filed document is public when filed unless a specified exception, a sealing order under CRC 2.551(b), or confidential filing under law applies.
Except as provided in CRC 2.250-2.259 and 2.500-2.506, an electronically filed document is a public document at the time it is filed unless it is ordered sealed under CRC 2.551(b) or filed as a confidential document pursuant to law.
Page 26 | Electronic Filing — 8. Confidential Documents
Pre-Motion Conference Requirements
In family law requests, motions, and hearings other than domestic-violence matters, each party or counsel must meet and confer in person or by phone before the hearing and make a good-faith settlement effort.
On all requests for order(s), motions and hearings in family law matters, excluding any matters involving domestic violence, each party, or that party’s counsel, shall meet and confer in person or by phone before the hearing date and shall make a good faith attempt to settle all issues in the request for order(s), even if a complete settlement is not possible and only conditional agreements are made.
Page 93 | B. Meet and Confer Obligation
Adjournment & Extension Requirements
For all Traffic School cases, the Clerk may grant one 45-day extension regardless of whether a court appearance occurred, but extensions beyond 45 days require judicial approval.
2. Traffic School: A Clerk shall have the authority to grant one 45-day extension on all Traffic School cases whether or not a court appearance was made. Request for extensions beyond 45-days shall require judicial approval.
Page 65 | Traffic School
The Clerk may grant one 30-day extension without judicial approval, but any extension beyond 30 days requires judicial approval.
1. General: A Clerk shall have the authority to grant one 30-day extension without judicial approval. Requests for extensions beyond 30 days shall require judicial approval.
Page 65 | General
A request for an extension of time to prepare the record must be submitted by the requesting Court Reporter to the Court Calendar Manager, who provides the information to the CEO or alternate Deputy Executive Officer for approval and signature.
Effective immediately, an extension of time for preparing the record shall be submitted by the requesting Court Reporter to the Court Calendar Manager for review. The Court Calendar Manager will contact and provide the necessary information to the Court Executive Officer (CEO) for approval and signature as the appointed designee. In the event the CEO is unavailable, the Deputy Executive Officer is the alternate designee.
Page 32 | PROCEDURE FOR REQUESTS FOR EXTENSIONS OF TIME FOR TRANSCRIPTS
A clerk may grant one 30-day extension without judicial approval, but extensions longer than 30 days require judicial approval.
a. General: A Clerk shall have the authority to grant one 30-day extension without judicial approval. Requests for extensions beyond 30 days shall require judicial approval.
Page 40 | 5. Extensions
A clerk may grant one 45-day extension for all traffic school cases, but extensions longer than 45 days require judicial approval.
b. Traffic School: A Clerk shall have the authority to grant one 45-day extension on all Traffic School cases whether or not a court appearance was made. Request for extensions beyond 45-days shall require judicial approval.
Page 40 | 5. Extensions
Chambers Communication Rules
A party intending to appear at a hearing must notify all other parties and call the court by 4:00 p.m. on the preceding court day.
Parties intending to appear in Court regarding their hearing must notify all other parties and call (209) 725-4240 to notify the Court of such intent by 4:00 pm on the court day before the hearing.
Page 71
An attorney or party delayed for a scheduled hearing must contact the judge’s executive assistants or the clerk’s office.
If an attorney or party wishes to inform the judge or judicial officer that he or she is delayed for a scheduled hearing, he or she shall contact the judge’s executive assistants or the clerk’s office.
Page 13 | EXPARTE COMMUNICATIONS
Before requesting court information, CWS must fax the requester's name and the names of the relevant parties and children to the Family Law Clerk's office at (209) 725-4118.
Prior to requesting any information from the court, CWS shall fax to the Family Law Clerk's office at (209) 725-4118 the name of the CWS representatiV'e requesting the information, as well as the names of the parties and children for whom information is requested.
Page 21 | 1. Initiating Requests
A party seeking a temporary private postsecondary school violence restraining order must check with the clerk’s office to determine whether a decision has been issued.
The party is to check back with the clerk’s office to see if a decision has been made on their request.
Page 41 | SV-130 Private Postsecondary School Violence Restraining Order After Hearing