Monterey Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Appendix
Courtesy copies
Trial Management Report, Trial Management Brief, Motion in Limine
Adjournments
- The court may enter an order continuing the hearing and directing Program participation any time through the date of the motion hearing.
- If the accounting cannot be filed at least 45 days before the hearing, the conservator should request a continuance using Local form CI-105.
- A sale confirmation will be continued only in exceptional circumstances, and any continuance motion must be made in open court.
- +10 more
Request must include
- A continuance requires court authorization, must be requested using Local form CI-105 rather than by telephone or letter, and should be filed no later than five court days before the hearing.
- The parties may stipulate to continue a law and motion matter for a reasonable time for good cause, but must notify the clerk’s office at least two court days before the hearing.
- Mediation may be rescheduled for a compelling reason only if the Family Court Services Office receives notice at least five calendar days before the appointment and no hearing date is continued.
- Parties seeking to cancel mediation because the dispute settled or for mutual good cause must give the mediation service at least five calendar days' notice to avoid possible sanctions.
- The parties may stipulate once, with good cause, to a reasonable continuance; subsequent requests require the assigned judge's approval and all requests must be submitted at least 48 hours before the hearing with specified information.
- 2. Orders Shortening Time. Orders shortening time should not be requested unless there is a hardship or emergency requiring prompt action. All requests must be accompanied by a written declaration establishing good cause. Notice of the request must be given to opposing counsel, if any, within twenty-four (24) hours, except for good cause. A declaration must be submitted stating the fact of notice or good cause for its absence.
Communication
Phone
Phone
Phone
Phone
Page & Word Limits5 rules
No memorandum may exceed the page limits set forth in the California Rules of Court, unless advance permission is granted by the court.
The opening and opposition memoranda shall not exceed 7,500 words.
- Opening memorandum
- Up to 7,500 words
- Opposition memorandum
- Up to 7,500 words
- Brief
The reply memorandum shall not exceed 5,000 words.
- Word limit
- Up to 5,000 words
- Reply brief
This briefing complies with the rule, which limits briefing to [insert the appropriate number] words.
The parties may, subject to this court’s approval, stipulate to file briefs exceeding the word count noted in this rule 15.6 and/or to modify this briefing schedule.
Document Format Requirements23 rules
All motions and briefs must conform to the California Rules of Court, including Rule 3.1113.
Court's wording
All motions and briefs shall conform to California Rules of Court, including rule 3.1113, and indicate on the caption page that this matter has been deemed Complex and is assigned for all purposes to a Complex Litigation Judge.
When a document, transcript, or record is served in both paper format and electronic format, the pagination must be consistent for both versions.
Pagination. Document pages must be consecutively numbered using only the Arabic numbering system (such as 1, 2, 3), beginning with the number 1 on the first page of the document.
All documents filed electronically must be in electronic text-searchable portable document format (PDF).
- File type
- All documents
Electronic exhibits must contain properly linked and descriptively titled bookmarks for each exhibit and may be rejected if those bookmarks are absent.
- Exhibits
Formatting
- •Electronic exhibits lacking the required bookmarks are subject to rejection
Court's wording
4. Exhibits. Electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit. Electronic exhibits not so bookmarked are subject to rejection.
Orders must be separate documents. Orders may not be included in the body of a petition, application, or motion.
Orders may not include a blank judicial signature page following the text on an order. Use footers on the signature page which would include the case name and case number.
Motions and briefs in complex litigation must conform to the California Rules of Court, including rule 3.1113.
Court's wording
All motions and briefs shall conform to California Rules of Court, including rule 3.1113, and indicate on the caption page that this matter has been deemed Complex and is assigned for all purposes to a Complex Litigation Judge.
The Trial Management Report must use California legal format, include the full case caption, and be typed or computer printed on pleading paper.
Formatting
- •California legal format
Court's wording
The “Trial Management Report” and “Brief” shall provide the information requested below. The Report shall be prepared according to California legal format and shall contain the full case caption. The Report shall be typed or computer printed on pleading paper.
One (1) copy shall be prepared on plain paper, separate from argument or authorities, and shall not indicate by whom the instructions are presented.
- File type
- Paper
- Jury instructions
Formatting
- •Must not indicate by whom the instructions are presented
The verdict forms shall be prepared on plain pleading paper and shall not indicate by whom the verdict forms are presented.
- File type
- Paper
- Verdict form
Formatting
- •Must not indicate by whom the verdict forms are presented
All proposed instructions shall be fully edited without any blank lines or unused bracketed portions and submitted in duplicate.
- Jury instructions
Formatting
- •Submitted in duplicate
All documents submitted for filing must conform to the form/format requirements set forth in California Rules of Court, rule 2.100(b) et. seq.
Parties shall lodge any administrative record in electronic format only (e.g., a thumb drive or CD-ROM) in the department in which the matter will be heard, as soon as is practicable after the record has been certified but in no event less than 30 days before the hearing on the merits.
The joint appendix shall be divided into individual files not to exceed 200 pages.
- Joint appendix
Formatting
- •Each file must not exceed 200 pages
(findings, EIR, initial study, staff reports, transcripts, the remainder of the record.) Each section shall be contained in individual, searchable, electronically bookmarked .PDF files.
- File type
- Administrative record
Formatting
- •Each section must be in an individual file
- •Files must be searchable
- •Files must be electronically bookmarked
The judicial signature line shall be included following the text of an order.
Signature lines may not be inserted on a blank page.
Judicial signature page must include the case name, case number and title of the document in the footer.
3. If a party or attorney elects to include hyperlinks in a filing, the hyperlink shall be active and should be formatted to standard citation format as provided in California Rules of Court, rule 1.200.
The administrative record shall be divided into discrete, logical sections.
The administrative record pages in the Appendix shall either be in numerical order, or if not in numerical order, tabbed.
Each file name shall reference the portion of the record contained therein, e.g., “Administrative Record Volume 1 (AR 1-195).pdf.”
- File type
- Administrative record
Document Filing Requirements236 rules
All motions and briefs shall conform to California Rules of Court, including rule 3.1113, and indicate on the caption page that this matter has been deemed Complex and is assigned for all purposes to a Complex Litigation Judge.
- Document
- Motion or brief
- Placement
- Caption
The Case Management Conference Statement must be a detailed prose document, not the standardized Judicial Council form, and must address the listed case status, discovery, settlement, meet-and-confer, motion, trial-date, related-case, and court-ruling or scheduling topics.
Court's wording
The Case Management Statement must not be the standardized Judicial Council form. It must be in prose and detail. The Case Management Statement must include the following: a. Status of Pleadings; b. Status of Discovery; c. Status of Settlement or Mediation; d. Conclusions reached after meet and confer on all matters set forth in CRC Rule 3.750 and Rule 3.724(8); e. Anticipated motions; f. Realistic and timely trial date; if a trial date cannot presently be set, state the reasons and propose a realistic next case management conference date. g. Notice of any related case. Cases considered "related" are those that arise out of the same or similar fact situations, the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in this complaint. For example, in a class action wage and hour case, the Court must be informed if a named party is currently litigating a case involving other wage and hour allegations. h. Any other matters for which the parties may need Court rulings or scheduling.
If the parties elect to use the Program with respect to a pending discovery motion, they shall prepare a stipulation and order continuing the scheduled hearing date on the motion and setting a briefing schedule dictated by the new Court hearing date.
Before a motion has been filed, parties shall complete a standard form stipulation to use the Program.
If a resolution is reached, it will be memorialized in a stipulation that will be filed with the Court.
the agreement shall be memorialized in a stipulation to be filed with the Court at least seven (7) court days before the scheduled Law and Motion hearing date.
If the parties reach a resolution on all or some of the issues, the agreement shall be memorialized in a stipulation to be filed with the Court.
When applying for the appointment of an elisor, the application and proposed order must designate “The Clerk of the Superior Court, County of Monterey or the Clerk’s Designee” as the elisor.
The declaration supporting the application must include specific facts establishing the necessity for the appointment of an elisor.
An application for appointment of an elisor shall be made by filing an appropriate pleading (Notice of Motion, Order to Show Cause or Request for Order).
The pleading shall have as an attachment, a sample copy of the document(s) to be signed by the elisor.
In addition, the Proof of Service must reference the date the document was originally served in open court.
Any opposition to a remote proceeding shall be filed and served using the Opposition to Remote Proceeding at Evidentiary Hearing or Trial (Judicial Council Forms, form RA-015) consistent with California Rules of Court, rule 3.672(h)(3).
In all contested juvenile dependency matters, parties must file trial briefs at least one (1) week prior to the hearing or per the briefing schedule set by the court. Any exceptions to this rule must be with prior approval of the court.
An attorney making a first appearance in a dependency matter must submit a Certification of Competency within 10 days.
Court's wording
Any attorney appearing in a dependency matter for the first time shall complete and submit a Certification of Competency to the court within ten (10) days of the attorney’s first appearance in a dependency matter.
The attorney shall attach to the renewal Certification of Competency evidence that the attorney has completed at least eight (8) hours of continuing training or education directly related to dependency proceedings since the attorney was last certified.
A person giving notice must state the interest or right to be protected, the relevant agency or judicial forum and address if known, and the nature of related proceedings.
Court's wording
B. The person giving notice shall set forth the nature of the interest or right that needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, and the nature of the proceedings being contemplated or conducted there.
The certifying person states that they meet the juvenile-court practice standards and have completed the listed minimum training, education, and/or experience requirements.
Court's wording
I hereby certify that I meet the minimum standards for practice before a juvenile court as set forth in California Rules of Court, rule 5.660, and Monterey County Superior Court Local Rules, and I have completed the minimum requirements for training, education and/or experience as set forth below.
After consolidation of related probate matters, every document must use the case number of the controlling file bearing the lowest number.
- Document
- Document
Must include
- •Case number
Court's wording
Whenever it appears that two (2) or more petitions with different case numbers have been filed involving the same matter or proceeding, the court will, on its own motion at the earliest opportunity, consolidate all of the matters into the file bearing the lowest number. All documents filed after consolidation must bear the case number of the controlling file.
Except for Judicial Council forms, separately filed pleadings and declarations must state the hearing date, time, and place in the caption, and petition captions must describe all relief sought.
- Document
- Pleading or declaration
- Placement
- Caption
Court's wording
With the exception of Judicial Council forms, all separately filed pleadings and declarations must include in the caption, the date, time, and place of hearing. The calendar department of the court is not required to read the body of the petition or the prayer to determine the adequacy of the pleading. The caption of petitions must be all-inclusive as to the relief sought in the petition so that the matter may be properly calendared and posted, and filing fees, if any, determined.
A petitioner filing a petition or other paper requiring a hearing must submit a notice of hearing; if no hearing has been scheduled, the date may be left blank for the clerk to complete.
Court's wording
When filing a petition or other paper requiring a hearing, submit a notice of hearing. If a hearing has not been scheduled, the petitioner shall leave the space for the date blank. The clerk will fill in the next available date on the document, unless the date requested in the e-filing comment is available. Petitioner may request a particular date when submitting the documents.
Orders shall contain the name of the judge presiding, the date of hearing and the department. All pages of the order shall include the case name and number in a footer or header.
Probate orders must stand on their own and fully describe all matters decided, relief granted, affected persons, affected property, and affected monetary amounts.
Court's wording
All orders in probate matters must be complete in themselves. They shall set forth, with the same particularity required of judgments in civil matters, all matters actually passed on by the court, the relief granted, the names of any persons affected, the descriptions of any property affected and the amounts of any money affected.
A petition to compromise the claim of a minor or incompetent (Judicial Council form MC-350) will be heard in the civil department. The petition must set forth jurisdictional facts and state the amount to be paid, by whom, and what disbursement for costs and/or fees is requested. The petition must also request the deposit of the balance of the proceeds in a blocked account in a federally insured bank, credit union, or savings and loan association in the manner provided by law, with receipts filed.
A qualifying spousal or domestic property petition must state the marriage date, property-acquisition timing and funding source, legal title at death, and attach a signed transmutation document when post-December 31, 1984 transmutation is alleged.
Court's wording
A spousal or domestic property petition that seeks a determination of the community or quasi- community property character of property must contain the following information if the decedent’s last will does not leave all property to the surviving spouse or if the surviving spouse is not the sole intestate heir: A. The date of marriage; B. A description of whether the property that is the subject of the petition was acquired prior to or during marriage, and the source of the funds used to acquire the property; C. A statement concerning the legal title to the real property at the decedent’s date of death; and D. If the petition alleges the character of property was transmuted after December 31, 1984, a written, signed copy of the transmutation must be attached to the petition.
When a substitution of attorney is not filed, counsel wishing to withdraw from a probate proceeding as counsel of record must file and serve a motion to withdraw in accordance with California Rules of Court, rule 3.1362.
A. Nominated Trustee(s). The nominated trustee(s) of a trust created by a will must be listed as a beneficiary.
If the trustee is also the estate representative or no trustee has been appointed, the individual trust beneficiaries must also be set forth and served with notice of hearing as set forth in Probate Code section 1208.
An order approving compromise must direct payment of costs and fees and require remaining funds to be paid jointly to the proposed trustee and the financial institution.
Court's wording
B. Order. The order approving compromise (Judicial Council form MC-351) shall provide for the person or entity holding funds to make a check payable to the person or persons entitled to costs and fees and shall provide for the issuance of a check for the remaining funds made payable to the proposed trustee AND the bank, credit union, or savings and loan association.
C. Duty of Attorney. The attorney for the petitioner is responsible for assuring that the funds are deposited in accordance with the order and receipts filed.
B. If the beneficiary of a will is a trustee for a trust, then petitioner must file a copy of the Trust as a separate confidential document.
The initial petition for appointment of a personal representative must list the name and date of death of each pre-deceased child when that issue is alleged.
Court's wording
C. If there is an allegation in the petition for probate that there is an issue of a pre-deceased child, then include the name of the pre-deceased child(ren) and the date of death when listing all heirs of the Decedent in the initial petition seeking appointment of a personal representative.
A separate order to deposit money into blocked account (Judicial Council form MC-355) shall be submitted contemporaneously with the order approving compromise.
1. The receipt and acknowledgment for deposit into blocked account (Judicial Council form MC-356) shall be signed by a manager or assistant manager and filed with a business card.
Every proposed personal representative must file Judicial Council form DE-147S.
Court's wording
The court requires all proposed personal representatives to file the Confidential Statement of Birth Date and Driver's License Number (Judicial Council form DE-147S) pursuant to Probate Code section 8404, subdivision (b).
A named executor's declination to serve must be written, verified under penalty of perjury, and filed with the court.
Court's wording
A. Declination of Named Executor. It is insufficient to allege that the person named in the decedent's will as executor declines to serve. A written declination to serve, verified under penalty of perjury by such person, must be filed with the court. (Code of Civil Procedure section 2015.5.)
A. All accounts filed in probate proceedings shall comply with Probate Code sections 1060 through 1064.
Each non-petitioning named executor must file a consent to act verified under penalty of perjury when a petition seeks letters for two or more executors.
Court's wording
B. Two or More Executors. If a petition for letters to be issued to two (2) or more executors is filed, and one (1) or more of the named executors is not a petitioner, each non-petitioning executor must file a consent to act, verified under penalty of perjury.
E. Contingent Beneficiaries. All contingent beneficiaries must be listed in the petition and are entitled to receive notice of the hearing.
It is not sufficient in reports accompanying accounts or in reports where an accounting is waived, to allege merely that all claims have been paid. The personal representative shall provide the information required in California Rules of Court, rule 7.403.
The foregoing allegations must appear in the final report even though they may have appeared in whole or in part in prior reports.
A nonfinal account with posted bond must include a separate paragraph stating the bond total, posting date, appraised personal-property value, estimated annual income, and any additional required bond.
Court's wording
In any account, other than a final account, where bond has been posted, there shall be included a separate paragraph setting forth the total bond(s) posted, the date posted, the appraised value of personal property on hand plus the estimated annual income from real and personal property and a statement of any additional bond required.
Filing & Service rules
Electronic Filing Rules
All pleadings, motions, applications, briefs, and other papers must be electronically filed with the civil clerk's office in Monterey.
All pleadings, motions, applications, briefs and any and all other papers in this case shall be e-filed with the civil clerk’s office, located in the Monterey Courthouse.
Civil cases
Page 1 | It is hereby ordered
Electronic filings must be submitted through the court's electronic service providers, whose information is available on the court website.
Electronic filing of documents shall occur through the court’s electronic service provider(s). Electronic service provider information is available on the court’s website at www.monterey.courts.ca.gov.
Page 7 | 1.7(A) Filing Service Provider
Electronic filing is mandatory in every case type except appellate department cases.
Electronic filing of documents in all case types is required, excepting appellate department cases.
Page 7 | 1.7 E-Filing of Documents
Documents served by hand, in court, or through another permissive method must subsequently be e-filed unless the court specifically orders otherwise.
Documents served by hand, in court, or otherwise permissively, must then be e-filed unless the court specifically provides otherwise.
Page 10 | Chapter 1: Court Access and Administration, E-File Version Follow Up to Hand-Served Documents
All juvenile-department papers must be filed electronically under Local Rule 1.7.
All papers are to be filed electronically as set forth in Local rule 1.7.
Page 20 | 3.5 FILING OF PAPERS
In contested matters or when requested by the court, proposed orders must be prepared and submitted under California Rules of Court, rule 3.1312, and electronically filed in PDF through the court’s electronic filing system rather than emailed as editable word-processing files.
In all contested matters or upon request of the court, parties shall comply with California Rules of Court, rule 3.1312 in preparing and submission of orders. In lieu of electronically submitting editable word-processing versions of proposed orders to the court’s electronic service address, parties must electronically file the proposed order in PDF format using the court’s electronic filing system.
Page 41 | 4.31 PROPOSED ORDERS—FORM AND CONTENT
All papers in designated complex litigation cases must be filed electronically in compliance with Local Rule 1.7.
All pleadings, motions, applications, briefs and any and all other papers shall be e-filed consistent with Local Rule 1.7.
Page 70 | 6.6 Complex Litigation, subd. A.1
When an amended pleading is submitted by stipulation, its proponent must electronically file the executed pleading separately from the stipulation and other documents.
B. If upon stipulation: The proponent of the amended pleading must e-file the executed proposed amended pleading along with the stipulation. These documents must not be attached to the stipulation or to any other document.
Page 98 | Chapter 7, Law and Motion, 7.12 Executed Original of Amended Pleading
When a motion to amend is granted, the moving party must electronically file the original executed amended pleading.
A. If the motion to amend is granted, the original executed amended pleading shall be e-filed by the moving party.
Page 98 | Chapter 7, Law and Motion, 7.12 Executed Original of Amended Pleading
Documentary evidence supporting or opposing a traditional writ must be lodged electronically in the hearing department as soon as practicable after certification and no later than 30 days before the merits hearing.
Parties shall lodge any documentary evidence presented in support of, or in opposition to, the writ, in electronic format only (e.g., a thumb drive or CD-ROM) in the department in which the matter will be heard, as soon as is practicable after the record has been certified but in no event less than 30 days before the hearing on the merits.
Page 165 | 15.5 — Traditional Writ of Mandamus — A. Record on review
The parties must jointly prepare and electronically lodge an appendix containing every cited administrative-record page.
Parties shall coordinate to prepare and lodge an electronic joint appendix containing each page of the records cited in the parties’ briefing.
Page 165 | C. Joint Appendix
Cases subject to mandatory e-filing must be filed under Local Rule 1.7; other cases may be delivered to an authorized courthouse and will be filed in the appropriate jurisdiction.
Cases subject to mandatory e-filing shall be filed as provided in Local Rule 1.7. Otherwise, cases within the jurisdiction of the Superior Court of California, County of Monterey may be delivered to the Salinas, Marina, or Monterey courthouse, but will be filed only in the location of appropriate jurisdiction.
Page 181 | 19.12 FILING OF CASES
An overbidder appearing remotely must submit the written offer at or before the hearing through the court’s e-filing system or by email and notify the court of the electronic submission at the hearing.
Any overbidder who appears remotely shall submit an offer in writing at or before the hearing through the court’s e-filing system or by email to: emergencyprobate@monterey.courts.ca.gov and shall notify the court at the hearing of the electronically-submitted overbid.
Electronic filing is encouraged but not mandatory for documents with jurisdictional time limits.
Documents with jurisdictional time limits, including notices of appeal, motions for new trial, motions for JNOV, motions to quash service for personal jurisdiction, and petitions for writs taken from local court determination. Although not required, e-filing of these documents is encouraged.
Page 8 | 1.7(B)(5) Exceptions to E-filing
Challenges to judicial officers under Code of Civil Procedure section 170.1 et seq. are exempt from mandatory e-filing.
Challenges to judicial officers pursuant to Code of Civil Procedure section 170.1 et seq.
Page 8 | 1.7(B)(7) Exceptions to E-filing
Original documents required for specified proceedings are exempt from mandatory e-filing.
Original documents required for a proceeding, including bench warrants, subpoenaed documents, affidavits regarding real property of small value, bonds, undertakings, financial documents submitted by a private professional conservator, letters (probate, guardianship, conservatorship), wills and codicils (for filing or safekeeping), and orders to deposit money and receipt of depository.
Page 8 | 1.7(B)(6) Exceptions to E-filing
Documents and materials not feasibly convertible to electronic form are exempt from mandatory e-filing.
Documents and other materials that are not feasibly converted to electronic form by scanning, imaging, or other means.
Page 8 | 1.7(B)(3) Exceptions to E-filing
A party may seek a court-ordered e-filing exemption by ex parte application for undue hardship, significant prejudice, or other good cause.
Documents ordered by the court as exempt from e-filing. A party may seek a court- ordered exemption by ex parte application for reason of undue hardship, significant prejudice, or other good cause.
Page 8 | 1.7(B)(2) Exceptions to E-filing
Documents provisionally lodged under seal or lodged as confidential documents are exempt from mandatory e-filing.
Documents lodged with the court provisionally under seal pursuant to California Rules of Court, rule 2.551, or lodged with the court as confidential documents.
Page 8 | 1.7(B)(4) Exceptions to E-filing
The Notice of Sale must explain that written overbids may be submitted at or before the hearing through the court’s e-filing system or by email to emergencyprobate@monterey.courts.ca.gov.
The Notice of Sale shall also include information regarding the submission of overbids in writing at or before the hearing through the court’s e-filing system (see https://www.monterey.courts.ca.gov/efiling) or by email to: emergencyprobate@monterey.courts.ca.gov.
Electronic filing is encouraged but not mandatory for self-represented parties.
Documents presented for filing by a self-represented party. Although e-filing is not mandatory for self-represented parties, they are encouraged to e-file documents.
Page 8 | 1.7(B)(1) Exceptions to E-filing
Filing Timing and Cure Windows
The Program stipulation extends the 45-day deadline for filing a motion seeking additional discovery responses.
The form will, among other things, contain an extension of the forty- five (45) day limit to file a motion seeking further discovery responses.
Civil cases
Page 1 | Pre-filing of Discovery Motions
If the stipulation is not received at least seven court days before the hearing, the court will presume no agreement was reached and proceed with the hearing.
If the stipulation is not received seven (7) court days before the hearing, the Court will assume the parties were not able to reach an agreement and will proceed with the hearing.
Civil cases
Page 2 | Involuntary Program
An electronic filing is deemed filed only when the clerk accepts it, may be transmitted at any time, and remains subject to clerk rejection.
Documents transmitted electronically are deemed filed only after accepted for filing by the clerk. Documents may be electronically transmitted to the court at any time. Nothing in this section shall limit the clerk’s ability to reject filings.
Page 8 | 1.7(C) Effective Date and Time of E-Filing
A document served by hand in open court must be e-filed before the close of business on the following court day.
Such e-filing must take place before the close of business on the court day following service by hand in open court.
Page 10 | Chapter 1: Court Access and Administration, E-File Version Follow Up to Hand-Served Documents
A person seeking a legally authorized remote appearance in a criminal or traffic proceeding must obtain express court authorization at least two court days beforehand, using Local Court Form CR-117 if the request is filed; absent authorization, the appearance must be in person.
If a remote appearance for a criminal or traffic proceeding is authorized by law, the person intending to appear remotely must obtain prior express authorization from the court no less than two (2) court days prior to the proceeding. If authorization is not obtained, the appearance must be in person. Court authorization may be obtained by filing with the court, no less than two (2) court days prior to the proceeding, Local Court Form CR-117. This rule is applicable to attorneys, defendants, victims, witnesses, or any other person intending to attend a criminal or traffic proceeding remotely. This rule does not apply to California Department of Corrections and Rehabilitation inmates or their attorneys appearing remotely under Penal Code section 977.2.
Page 14 | 1.9 REMOTE CRIMINAL AND TRAFFIC PROCEEDINGS
Welfare and Institutions Code section 601 petitions must be filed with the clerk’s office by 2:00 pm on the Wednesday before Friday’s hearings.
The deadline for filing Welfare and Institutions Code section 601 petitions with the clerk’s office shall be no later than 2:00 pm on the Wednesday prior to Friday’s hearings.
Page 19 | 3.1 FILING OF JUVENILE PETITIONS
Welfare and Institutions Code section 602 petitions must be filed with the clerk’s office by 2:00 pm on the day before the first detention or appearance hearing.
The deadline for filing Welfare and Institutions Code section 602 petitions with the clerk’s office shall be no later than 2:00 pm on the day prior to the first detention/appearance hearing.
Page 19 | 3.1 FILING OF JUVENILE PETITIONS
Welfare and Institutions Code section 300 petitions must be filed with the clerk’s office by 2:00 pm on the day before the first detention hearing.
The deadline for filing Welfare and Institutions Code section 300 petitions with the clerk’s office shall be no later than 2:00 pm on the day prior to the first detention hearing.
Page 19 | 3.1 FILING OF JUVENILE PETITIONS
Welfare and Institutions Code section 300 jurisdiction and disposition reports must be filed with the clerk’s office by 2:00 pm on the Thursday before the hearing.
The deadline for filing Welfare and Institutions Code section 300 jurisdiction and disposition reports with the clerk’s office shall be no later than 2:00 pm on the Thursday prior to the hearing.
Page 19 | 3.1 FILING OF JUVENILE PETITIONS
An application or memorandum setting a juvenile matter on calendar must be submitted at least two court days before the requested hearing, excluding weekends and holidays, unless the hearing judge approves an exception.
Any application or memorandum for setting a juvenile matter on calendar shall be submitted to the clerk’s office no later than two (2) court days (excluding weekends and holidays) before the requested hearing date. Any exceptions to this rule must be approved by the judge hearing the case.
Page 19 | 3.2 ADDING CASES TO JUVENILE CALENDAR
In every dependency matter, the moving party must notify the court and all parties at least three court days before the hearing if it will not proceed as a contested hearing.
In all dependency matters, the moving party must notify the court and all parties if the hearing is not going forward as a contested hearing three (3) court days prior to the hearing.
Page 20 | 3.7 NOTIFICATION OF CANCELLED CONTESTED HEARING
In cases with an appointed advocate, the advocate must file reports of findings and recommendations with the court at least two days before the specified review or planning hearings or when otherwise requested by the court.
In any case in which the court has ordered the appointment of an advocate, such advocate shall file reports regarding their findings and recommendations for the child with the court at least two (2) days before each of the following hearings: six (6) month review; twelve (12) month review; eighteen (18) month review; selection and implementation hearing (Welfare & Institutions Code section 366.26 hearing); post-permanency planning reviews and as otherwise requested by the LOCAL RULES OF COURT
Page 21 | 3.11(B) CASA REPORTS
A previously certified attorney must submit a new Certificate of Competency by June 30 of the third year after initial certification and every three years thereafter.
In order to retain the attorney’s certification to practice before the juvenile court, each attorney who has been previously certified by the court shall submit a new Certificate of Competency to the court on or before June 30th of the third year after the year in which the attorney is first certified and then every third year thereafter.
Page 27 | Chapter 3: Juvenile Department, Rule 3.21(B)
An attorney notified of potential decertification has 20 days from the mailing of the notice to submit evidence of completion of the required training or education.
That attorney shall have twenty (20) days from the date of the mailing of the notice to submit evidence of the attorney’s completion of the required training or education.
Page 28 | Chapter 3: Juvenile Department, Rule 3.21(D)
Required notices of administration must be filed with the court no later than the hearing on the petition for final distribution.
Notices of administration required by Probate Code section 9050 must be on file with the court prior to, or at the time of, the hearing on the petition for final distribution.
Page 45 | 4.61 ALLEGATION RE: CREDITOR CLAIMS
The court investigator’s report must be filed at least 15 calendar days before the hearing unless the court extends the deadline.
A. The court investigator’s report shall be filed with the court at least fifteen (15) calendar days in advance of the hearing, unless extended by the court.
Page 52 | 4.93
Conservators must file written notice of an address change with the court and serve the court investigator within 30 days after the change.
Conservators shall file with the court and serve upon the court investigator: A. Written notice of any change of their address, or the address of their conservatees, within thirty (30) days of the change of address in compliance with Probate Code section 2352 and California Rules of Court, rule 7.1063; and
Page 53 | 4.94 NOTICE OF CHANGE OF ADDRESS
All conservator accountings must be filed and served on the court investigator at least 45 days before the scheduled review hearing.
C. All conservator accountings shall be filed and served on the court investigator at least forty- five (45) days prior to the scheduled review hearing date.
Page 54 | 4.101 ACCOUNTS AND ACCOUNTING
Within 90 days after termination of the estate conservatorship, the conservator must file a final accounting and petition for approval requesting authority to dispose of the assets.
A. No later than ninety (90) days after termination of the conservatorship of the estate, the conservator shall file a final accounting and petition for its approval. The petition shall request authority for disposition of the assets.
Page 54 | 4.102 FINAL ACCOUNTS
Counsel must file a joint written Case Management Conference Statement at least fifteen court days before the conference.
In preparation for the case management conference, counsel for the parties shall file a joint written Case Management Conference Statement fifteen (15) court days before the case management conference.
Page 70 | 6.6 Complex Litigation, subd. A.4
In Category Three cases, the trial management report and brief must be filed jointly or individually at least three days before the trial management conference, or otherwise four court days before trial.
The trial management report and brief shall be filed jointly or individually at least three (3) days prior to the conference, otherwise (4) court days prior to trial.
Page 73 | 6.11 TRIAL MANAGEMENT ORDERS AND REPORTS
In Category One cases, the trial management filing is due on the Friday before trial.
Category One: Friday prior to trial.
Page 73 | 6.11 TRIAL MANAGEMENT ORDERS AND REPORTS
In Category Two cases, the trial management filing is due four court days before trial and no later than 3:00 p.m.
Category Two: Four (4) court days prior to trial, no later than 3:00 p.m.
Page 73 | 6.11 TRIAL MANAGEMENT ORDERS AND REPORTS
The mediator's mediation-status report is due within 10 days after the close of each mediation session.
Within ten (10) days of the close of each mediation session the mediator shall report to the court on the status of the mediation by filing with the court the STATEMENT OF AGREEMENT OR NONAGREEMENT (ADR-100)
Page 77 | J. Certification of Session
Each party must file a settlement conference statement no later than five court days before the conference.
Each party shall comply with California Rules of Court, rule 3.1380(c) and file a settlement conference statement no later than five court days before the conference.
Page 83 | 6.13 SETTLEMENT CONFERENCES — D
The hearing-set application for an uncontested civil matter must be filed at least 15 days before the requested hearing date, although an emergency may justify an earlier hearing.
No uncontested civil matter shall be heard unless application is filed with the clerk, using Local form CI-133, Request to Set Hearing, found on the court’s website, at least 15 days prior to the date requested, unless an emergency exists which requires an earlier hearing.
Page 95 | 7.6 UNCONTESTED CIVIL MATTERS
An ex parte application and all supporting papers must be filed by 10 a.m. on the court day before the hearing.
In addition to compliance with California Rules of Court, rules 3.1200 – 3.1207, the application and all supporting papers shall be filed with the court by 10 a.m. on the court day preceding the hearing date.
Page 97 | Chapter 7, Law and Motion, 7.11 Ex Parte Applications
For a Request for Orders with temporary orders attached, responsive declarations are due at least five court days before the hearing and reply declarations at least two court days before the hearing.
b. Request for Orders with temporary orders attached must be filed at least five (5) court days prior to the hearing for responsive declarations and at least two (2) court days prior to hearing for reply declarations.
Page 108 | Chapter 10, Family Law Department, 10.1 Law and Motion, B.3(b) Responsive and Reply Documents
For a Request for Orders without temporary orders attached, responsive declarations are due at least nine court days before the hearing and reply documents at least five court days before the hearing.
a. Request for Orders without temporary orders attached must be filed at least nine (9) court days prior to the hearing for responsive declarations and at least five (5) court days prior to the hearing for reply documents.
Page 108 | Chapter 10, Family Law Department, 10.1 Law and Motion, B.3(a) Responsive and Reply Documents
Review-hearing declarations must be both filed and served at least five court days before the review hearing.
Declarations for review hearings must be filed and served no less than five (5) court days prior to the date set for review hearing.
Page 109 | Chapter 10, Family Law Department
Settlement conference statements must be served and filed with the clerk no later than five court days before the settlement-conference hearing.
Settlement conference statements shall be served and filed with the clerk of the court no later than five (5) court days preceding the settlement conference hearing.
Page 110 | Chapter 10, Family Law Department, Section 10.2(C)(1)
When child support or temporary spousal or partner support is at issue, both moving and responding parties must file a Judicial Council calculator printout no later than five court days before the support hearing; permanent spousal or partner support is excluded, and the court may waive the requirement for good cause.
In addition, no later than five (5) court days prior to the hearing to determine support, a computer support printout from one of the guideline support calculators certified by the Judicial Council (available at: https://www.courts.ca.gov/48702.htm) must be filed by both moving and responding parties when child support or temporary spousal or partner support is at issue (but not permanent spousal or partner support). The court may waive the requirement of a computer support printout upon a showing of good cause.
Page 112 | Chapter 10: Family Law Department – Financial Declarations and Guideline Support Calculations
A signed written request to rescind the entire parenting agreement must be sent to Family Court Services and the other party by 4:00 p.m. on the tenth calendar day after mediation.
A written request to rescind (cancel) the entire Parenting Agreement is submitted by sending the Family Court Services office and the other party a signed, written request to rescind the Parenting Agreement on or before 4:00pm on the date that is ten (10) calendar days after the date of the mediation.
Page 119 | Chapter 10, Family Law Department, Mediation Agreement, General
The court may adopt the Parenting Coordinator’s recommendations as an order after fifteen (15) days unless either party files and serves a motion objecting to entry.
The Parenting Coordinator’s recommendations are subject to adoption by the court as an order after fifteen (15) days unless either party files and serves a motion objecting to entry of the order.
Page 138 | 11.4 Procedure for Implementing Recommendations
Service and Proof of Service Rules
If pre-filing facilitation does not resolve the dispute, the Facilitator must serve each party with a Notice of Termination of Facilitation.
The Facilitator will serve each party with a Notice of Termination of Facilitation.
Civil cases
Page 1 | Pre-filing of Discovery Motions
If post-filing facilitation does not resolve the dispute, the Facilitator must file and serve a Notice of Termination of Facilitation.
If no resolution is reached the Facilitator will file and serve a Notice of Termination of Facilitation.
Civil cases
Page 2 | Post-filing of Discovery Motions
The parties must send the Center a copy of the stipulation and order simultaneously with submission to the court.
A copy of the stipulation and order will be sent by the parties to the Center at ===== PAGE 2 ===== the same time that it is submitted to the Court.
Civil cases
Page 2 | Post-filing of Discovery Motions
The court must serve the order continuing the hearing and directing Program participation on both the parties and the Center.
A copy of the order continuing the hearing date and directing participation in the Program shall be served, by the Court, on the parties and the Center, which shall then treat that matter in the same fashion as it treats voluntary participation.
Civil cases
Page 2 | Involuntary Program
The Facilitator must serve the parties with any communication sent to the court.
Any communication sent by the Facilitator to the court will also be served by the Facilitator on the parties.
Civil cases
Certain civil filings must be published in a newspaper on the court’s list of Adjudicated Newspapers of General Circulation.
Certain filings require publication in the newspaper. Please see the link below for a list of "Adjudicated Newspapers of General Circulation". This is a list of the local newspapers that will satisfy the publication requirement.
Civil cases
Page 1 | Publishing in the Newspaper
CASA must provide copies of the advocate's report to all parties or their counsel at least two court days before the scheduled hearing.
Copies of the report are to be provided by CASA to all parties or their counsel at least two (2) court days before the scheduled hearing.
Page 22 | 3.11(B) CASA REPORTS
At least 10 days before the competency hearing, the clerk must mail the represented party and attorney notice of the hearing, the potential relief of counsel, and the consequences of nonappearance.
The clerk of the court must notify the represented party by first- class mail to the party's last known address and the attorney at least ten (10) days before the hearing date of the following: 1) a hearing date, time, and location; 2) that at that hearing the court will consider the issue of whether to relieve counsel for failing to complete the requisite training and to provide a Certification of Competency; and 3) that failure to appear for the hearing will be deemed a waiver of any objection and acquiescence to the relief of appointed counsel.
Page 25 | 3.20 SCREENING FOR COMPETENCY
When the person filing the notice is not the child's attorney, a copy must be served on the child's attorney; if the child is unrepresented, the notice must state that fact.
If the person filing the notice is not the attorney for the child, a copy of the notice shall be served on the attorney for the child, or, if the child is unrepresented, the notice shall so state.
Page 32 | 3.25 PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD
A motion to withdraw involving a surety bond must include proof of service of the notice required by Probate Code section 1213.
Motions for withdrawal where a bond has been filed by a surety must be accompanied by proof of service of the notice required by Probate Code section 1213.
Page 42 | 4.36 WITHDRAWAL OF COUNSEL OF RECORD
In either specified circumstance, individual trust beneficiaries must receive notice of the hearing under Probate Code section 1208.
If the trustee is also the estate representative or no trustee has been appointed, the individual trust beneficiaries must also be set forth and served with notice of hearing as set forth in Probate Code section 1208.
Page 43 | 4.50 – ALLEGATIONS IN PETITIONS RE: BENEFICIARIES
All contingent beneficiaries are entitled to notice of the hearing.
E. Contingent Beneficiaries. All contingent beneficiaries must be listed in the petition and are entitled to receive notice of the hearing.
Page 44 | 4.50 – ALLEGATIONS IN PETITIONS RE: BENEFICIARIES
A copy of every document filed in a conservatorship proceeding must be served on the court investigator.
A copy of all documents filed in a conservatorship proceeding must be served on the court investigator.
Page 48 | 4.81 NOTICE TO COURT INVESTIGATOR
An electronic filer must serve the court investigator using one of the electronic service addresses posted on the court's probate website.
For those persons filing electronically, service on the court investigators shall be completed using one of the electronic service addresses found on the probate home page of the court’s website at www.monterey.courts.ca.gov/probate.
Page 48 | 4.81 NOTICE TO COURT INVESTIGATOR
Notice must be given to the LPS conservator in the same manner as notice to second-degree relatives.
B. Notice. Notice shall be given to the LPS conservator in the same manner as that given to relatives in the second degree.
Page 52 | 4.92
Notice of the final-accounting petition hearing must be given to the personal representative, if any, of a deceased conservatee.
C. Notice of the hearing on the petition must be given to the personal representative, if any, of a deceased conservatee.
Page 54 | 4.102 FINAL ACCOUNTS
The order waiving an accounting must be served on the court investigator at least 30 days before the court-review hearing.
The order waiving an accounting must be served on the court investigator at least thirty (30) days prior to the hearing on the court review.
Page 55 | 4.103 Waiver of Account for Small Estates
A resigning conservator's final account or fee petition cannot be approved until a successor is appointed and served with notice of the hearing and a copy of the account or petition.
A final account of the resigning conservator and/or a petition for fees upon resignation cannot be approved until a successor is appointed and is served with notice of hearing and a copy of the account and/or petition.
Page 56 | 4.110 Resignation or Removal; Appointment of Successor; Final Account and Discharge
For the sale of specifically devised real or personal property, the beneficiary must receive 15 days' notice of the hearing time and place unless the beneficiary's consent to the sale is filed with the court.
On a sale of specifically devised real or personal property, fifteen (15) days’ notice of time and place of hearing of the return of sale must be given to the beneficiary, unless their consent to such sale is filed with the court.
Page 62 | 4.137 SALE OF SPECIFICALLY DEVISED PROPERTY
The case-assignment notice and ADR information packet must be served together with the Summons and Complaint.
The notice and Alternative Dispute Resolution (ADR) information packet must be served together with the Summons and Complaint pursuant to California Rules of Court, rule 3.722 and this chapter of these Local Rules.
Page 69 | 6.1 Organization and Distribution of Business
Plaintiff must serve all parties with notice of the initial case management conference no later than 45 days before the conference.
Plaintiff shall serve all parties with notice of the initial case management conference no later than 45 days before the conference. (California Rule of Court, rule 3.722(b).)
Page 72 | 6.8 FROM CASE FILING TO CASE MANAGEMENT CONFERENCE
An unlawful-detainer action will be dismissed without prejudice if proof of service is not filed within 60 days after the complaint is filed.
If proof of service is not filed within 60 days of the complaint’s filing, the court will dismiss the action without prejudice.
Page 85 | 6.15 MISCELLANEOUS RULES, B
A party offering an electronic sound or sound-and-video recording must comply with California Rules of Court rule 2.1040 and, unless that rule provides otherwise, provide the opposing party with the recording and any required transcript before the hearing.
Any party wishing to offer into evidence an electronic sound or sound-and-video recording must comply with California Rules of Court, rule 2.1040. Except as provided in Rule 2.1040, the party offering the recording into evidence must provide the opposing party with a copy of the recording and any required transcript prior to the hearing.
Page 88 | H. EXHIBITS
When the court allows a special setting, the applicant must re-notice all parties.
If a special setting is allowed by the court, the application will be informed by the court and will be required to re-notice all parties.
Page 97 | Chapter 7, Law and Motion, 7.11 Ex Parte Applications
Review-hearing declarations must be served at least five court days before the review hearing.
Declarations for review hearings must be filed and served no less than five (5) court days prior to the date set for review hearing.
Page 109 | Chapter 10, Family Law Department
Settlement conference statements must be served at least five court days before the settlement-conference hearing.
Settlement conference statements shall be served and filed with the clerk of the court no later than five (5) court days preceding the settlement conference hearing.
Page 110 | Chapter 10, Family Law Department, Section 10.2(C)(1)
Written evaluator reports and recommendations must comply with Family Code section 3111 and California Rule of Court 5.220 and be served consistently with those provisions.
All written reports and recommendations of the court-appointed evaluator shall be conducted in accordance with and served upon the parties or attorneys consistent with the provisions of Family Code section 3111 and California Rules of Court, rule 5.220.
Page 125 | Chapter 10: Family Law Department
A written evaluator report must be distributed to the court, all counsel, and unrepresented parties at least ten calendar days before the hearing.
The report shall be in writing and shall be distributed to the court, all counsel, and to the parties if they are unrepresented ten (10) calendar days prior to hearing.
Page 125 | Chapter 10: Family Law Department
A recommendation on second-level matters must be communicated in writing to the court, parties, and counsel by mail, fax, or personal delivery.
The Parenting Coordinator’s recommendation on second-level matters shall be communicated in writing to the court/parties and counsel by mail, fax, or personal delivery.
Page 138 | 11.4 Procedure for Implementing Recommendations
A Parenting Coordinator recommendation must be filed with the court and served on the parties and counsel by mail, fax, or personal delivery.
A Parenting Coordinator’s recommendation on these matters shall be filed with the court and served upon parties and counsel by mail, fax, or personal delivery.
Page 138 | Chapter 11
A party seeking court review of a Parenting Coordinator recommendation must file and serve a Request for Order.
A party who wishes a court review of the matter following a recommendation for review by the Parenting Coordinator must file and serve a Request for Order for the matter to be reviewed and considered by the court.
Page 143 | Chapter 11: Parenting Coordinator Guidelines (Child Custody and Visitation)
A party disagreeing with an At-Issue Memorandum must serve a Counter At-Issue Memorandum within ten days after service.
Any party not in agreement with any other representation made in an At-Issue Memorandum shall within ten (10) days after the service thereof, serve and file a “Counter At-Issue Memorandum” on their behalf.
Page 151 | 12.3 COUNTER AT – ISSUE MEMORANDUM
Proof of service on opposing parties must accompany the written notice for an evidence-presenting misdemeanor pretrial motion.
All misdemeanor pre-trial motions requiring the presentation of evidence shall be noticed in writing with proof of service of opposing parties and filed no later than ten (10) court days prior to the date of hearing, unless, for good cause shown, and upon order of court, time is shortened for the filing of said pre-trial motion.
Page 158 | 14.8 EVIDENTIARY PRE-TRIAL MOTIONS
The motion for a real property equity bond must be supported by proof of service to the Office of the District Attorney and Monterey County Counsel.
To set the matter for hearing, a noticed motion for real property equity bond with proof of service to the Office of the District Attorney and Monterey County Counsel must be filed with the clerk’s office at least five (5) days prior to the date set for the hearing.
Page 159 | 14.12 POSTING OF A PROPERTY BOND IN A CRIMINAL CASE
Filing Fees and Waivers
The statutory continuance fee must be submitted with every continuance request.
The fee stated in Government Code section 70617 shall be submitted with the request.
Page 40 | 4.23 CONTINUANCES
Unless a fee-waiver order exists, the court-investigator fee is due when petitions for probate-conservator appointment, temporary-conservator appointment, or account approval are filed, except an account following the conservatee's death; hardship deferral requires a request and supporting facts in the petition.
Unless a fee waiver order is on file, the court investigator fee must be paid at the time the petition is filed in the following instances: appointment of probate conservator, appointment of temporary conservator, and approval of an account (unless following the death of the conservatee). If the conservator believes the fees should be deferred due to hardship, the subject petition shall include a request for deferral and shall set forth facts to establish a hardship.
Page 56 | 4.111 Court Investigator Fees
A court investigator fee is due within 10 days after the investigation is ordered unless waived, and a hardship deferral request must be included in the petition with supporting facts.
C. The court investigator fee must be paid within 10 days after the court orders the court investigation, unless the Court approves a fee waiver. (See California Rules of Court, rule 7.5) If the petitioner believes the fees should be deferred due to hardship, the petition shall include a request for deferral of the fee and shall set forth facts to establish a hardship.
Page 57 | 4.120 — APPOINTMENT OF GENERAL GUARDIANS
Deferred court investigator fees become due upon termination of a conservatorship unless hardship or lack of estate assets supports a waiver.
B. Upon termination of the conservatorship, any court investigator fees previously deferred are nonetheless due and payable, except under either of the following conditions:
Page 57 | CHAPTER 4 — PROBATE DEPARTMENT
The court will not approve a conservator's final account until court investigator fees are paid or waived.
C. The order approving final account of conservator will not be granted until the court investigator fees are either paid or waived by the court.
Page 57 | CHAPTER 4 — PROBATE DEPARTMENT
At filing, a party must submit the required fee or a request to waive court fees for a notice of appeal or petition for extraordinary relief.
At the time of filing a notice of appeal or a petition for extraordinary relief, a party must file the required fee or a request to waive court fees.
Page 103 | E. Fee waivers in civil cases.
An acknowledgement fee is assessed when an elisor is appointed.
An acknowledgement fee (see Statewide Civil Fee and Local Fee Schedule on the court’s website) will be assessed at the time of the appointment.
Page 7 | Chapter 1: Court Access and Administration
A notice of appeal or writ petition in a limited civil case with less than $10,000 in controversy requires a $205 filing fee.
The fee for filing a notice of appeal or a writ petition in a limited civil case is two hundred five dollars ($205) where the amount in controversy is less than ten thousand dollars ($10,000).
Page 103 | D. Filing fee in civil cases.
A notice of appeal or writ petition in a limited civil case with more than $10,000 in controversy requires a $330 filing fee.
The fee for filing a notice of appeal or a writ petition in a limited civil case is three hundred thirty dollars ($330) if the amount in controversy is more than ten thousand dollars ($10,000)
Page 103 | D. Filing fee in civil cases.
A new fee-waiver application is unnecessary for a notice of appeal only when a prior trial-court waiver remains effective and covered all appellate fees; otherwise, form FW-001 is required.
When filing a notice of appeal, a party is not required to submit a new application for waiver of court fees if the trial court previously issued a waiver, and the waiver remains in effect, that included all appellate fees. Otherwise, a party must submit a request for a fee waiver on the Request to Waive Court Fees (form FW-001).
Page 103 | E. Fee waivers in civil cases.
A party seeking a fee waiver in a writ proceeding must submit form FW-001.
To request a fee waiver in a writ proceeding, a party must submit a Request to Waive Court Fees (form FW-001).
Page 103 | E. Fee waivers in civil cases.
Electronic filing providers may charge reasonable service-provider fees, but parties covered by a court fee waiver are exempt from electronic-filing fees and costs.
Electronic filing service providers may charge reasonable fees in addition to any filing fees required by the court. A party who has received a fee waiver from the court, or who has otherwise obtained an order of the court waiving such fees, is exempt from the fees and costs associated with electronic filing.
Page 10 | Chapter 1: Court Access and Administration, Fees and Fee Waiver
No filing fee is required for an appellate writ petition in a criminal case, despite its civil characterization for some purposes.
No fee is required in a criminal case for filing a writ petition in the appellate division, although such a proceeding is civil in nature for some purposes.
Page 103 | C. Filing fee in criminal cases.
No filing fee is required for a criminal notice of appeal.
No filing fees are required for filing a notice of appeal in a criminal case.
Page 103 | C. Filing fee in criminal cases.
The Family Court Services Mediation Program has no direct cost to either party.
There is no direct cost to either party for the use of the Family Court Services’ Mediation Program.
Page 114 | 10.6(D) Cost of Mediation
Courtesy Copy Requirements
A party citing particular administrative-record pages must submit one courtesy hard-copy appendix containing those pages, with the relied-upon portions highlighted.
(2) each party that cites to specific pages of the administrative record shall submit to the court a courtesy hard copy Appendix of the Administrative Record pages cited, with the portions on which the party relies, highlighted.
Page 165 | D. Memorandum and Appendix
A courtesy copy must be mailed through the judge's clerk, or emailed through the judge's clerk if the department directs email delivery.
A courtesy copy shall be mailed [or emailed if directed by the department] via the judge’s clerk.
Civil cases
Page 1 | It is hereby ordered
One courtesy hard copy of complex-case papers must be mailed to the assigned judicial officer's department, or emailed if the department so directs.
A courtesy hard copy shall be mailed (or emailed if directed by the department) to the assigned judicial officer’s department.
Page 70 | 6.6 Complex Litigation, subd. A.1
Courtesy chambers copies of all trial management reports, briefs, and motions in limine must be submitted on the same day the document is e-filed.
Courtesy chambers copies of all trial management reports, briefs and motions in limine shall be submitted on the same day that the document is e-filed.
Page 73 | 6.11 TRIAL MANAGEMENT ORDERS AND REPORTS
A judge may order a courtesy copy at any time, either printed or through electronic delivery.
A judge may order a courtesy copy at any time, either printed or through electronic delivery.
Page 10 | Chapter 1: Court Access and Administration, Courtesy Copy
Sealing & Redaction Procedures
Filed forms FL-326 and FL-328 and related qualification documents are confidential and available only to the court, parties, their attorneys, and persons specifically authorized by written order after notice to all parties.
Filed forms FL-326, and FL-328, as well as all correlating qualifying documents submitted by professional child custody evaluators shall be confidential and unavailable to any person except the court, the parties, their attorneys and any person to whom the court expressly grants access by written order made with prior notice to all parties.
Page 124 | B. Qualifications of Child Custody Evaluator
The confidential-document filing rule applies to documents required by law to be closed to inspection, but excludes records sealed or proposed to be sealed by court order under California Rules of Court 2.550-2.551.
This rule pertains to any documents that are attached to a pleading and filed with the court as confidential as required by law. This rule does not apply to records sealed or proposed to be sealed by court order pursuant to California Rules of Court, rule 2.550-2.551.
Page 129 | B. Confidential Documents
Documents required by law to remain confidential must be filed separately, and the filing party is responsible for identifying and securing them regardless of whether filing is electronic or otherwise.
Confidential documents must be filed separately from other documents in the case. Whether filed electronically or otherwise, it is the responsibility of the filing party to identify any documents that are required to be kept confidential by law, and to secure such documents when filed with the court.
Page 129 | B. Confidential Documents
Documents that are not legally confidential may not be filed as confidential, and the court may accept, reject, or reclassify documents mislabeled as confidential.
Documents that are mislabeled as confidential and are not confidential by statute, rule of court, or other authority shall not be filed as confidential. The court retains the discretion to accept, reject, or reclassify submitted documents that have been mislabeled as confidential.
Page 129 | B. Confidential Documents
Filing Bundling Requirements
The joint-appendix rule applies when the administrative record exceeds 2,000 pages.
This rule applies in any matter in which the Administrative Records exceeds 2,000 pages.
Page 165 | C. Joint Appendix
Parties should not attach copies of previously filed pleadings or declarations as exhibits to later documents and may reference them instead.
Copies of previously filed pleadings or declarations should not be attached as exhibits to subsequent documents. Reference to the previous documents is sufficient.
Page 129 | Chapter 10: Family Law Department
Pre-Motion Conference Requirements
A scheduled pretrial conference date may not be changed without approval from the assigned judge.
Once a case is set on the pre-trial conference calendar, it may not be changed without the approval of the judge before whom it is assigned.
Page 156 | 14.6 PRE-TRIAL CONFERENCE CALENDAR, subsection B
All other pretrial and discovery motions must be resolved before a case reaches the jury trial readiness calendar.
All other pretrial and discovery motions must be heard prior to the jury trial readiness calendar (California Rules of Court, rule 4.112(b)).
Page 156 | 14.5 OTHER PRETRIAL AND DISCOVERY MOTIONS
An attorney must prepare for, attend, and participate in the pretrial conference unless good cause excuses an omission, which may otherwise result in contempt.
Any failure of an attorney to prepare for, appear at, or participate in, a pre-trial conference, unless good cause is shown for any such omission, is an unlawful interference with the proceedings of the court and may be punished as contempt.
Page 156 | 14.6 PRE-TRIAL CONFERENCE CALENDAR, subsection C
A pretrial conference is mandatory in every criminal case in which the defendant has demanded a jury trial.
In order to reasonably predict the business of the court, anticipate assignments of judges, and to eliminate unnecessary inconvenience to parties, witnesses, and trial jurors, a pre-trial conference shall be held in every criminal case in which a trial by jury has been demanded.
Page 156 | 14.6 PRE-TRIAL CONFERENCE CALENDAR
In Department 11 misdemeanor cases, the judge must set the pretrial conference date at arraignment and entry of plea.
The judge in Department 11 shall, at the time of arraignment and entry of plea in misdemeanor cases, set the date for the pre-trial conference.
Page 156 | 14.6 PRE-TRIAL CONFERENCE CALENDAR, subsection A
In non-arrangement felony departments, the judge must set the pretrial conference date at arraignment and entry of plea.
The judge in each felony department, except the felony arraignment department, shall, at the time of arraignment and entry of plea, set the date for the pre-trial conference.
Page 156 | 14.6 PRE-TRIAL CONFERENCE CALENDAR, subsection A
Absent a contrary court order, opening, opposition, and reply memoranda must be filed at least 45, 25, and 15 calendar days before the hearing, respectively.
Unless otherwise ordered by the court, points and authorities prepared for a hearing on the merits of a writ petition shall be filed in accordance with the following schedule and page limits: The opening memorandum of points and authorities shall be filed at least 45 calendar days prior to the hearing date; the opposition memorandum shall be filed at least 25 calendar days prior to the hearing date; and the reply memorandum shall be filed at least 15 calendar days prior to the hearing.
Page 166 | 15.6 — Administrative and Traditional Writ of Mandamus Briefing Schedules and Page Limits
Adjournment & Extension Requirements
Parties are excused from the initial case management conference only upon receiving a signed order granting the request; otherwise, they must attend.
Receipt of a signed copy of the request to vacate or continue initial case management conference and order granting the request is necessary for parties to be excused from the case management conference; if parties do not receive a signed copy of the order granting the request, they must attend the initial case management conference.
Page 72 | 6.8 FROM CASE FILING TO CASE MANAGEMENT CONFERENCE
All requests to continue a trial date, whether contested or uncontested, must comply with California Rules of Court rule 3.1332 and will be allowed only for good cause.
All requests for continuances of trial dates, whether contested or uncontested, must comply with California Rules of Court, rule 3.1332 and shall only be allowed for good cause.
Page 73 | 6.10 REQUEST FOR TRIAL CONTINUANCE
The parties may stipulate to continue a law and motion matter for a reasonable time for good cause, but must notify the clerk’s office at least two court days before the hearing.
A. The parties may, with good cause, stipulate to continue a law and motion matter for a reasonable amount of time. The clerk’s office must be notified of such stipulations at least two court days prior to the scheduled hearing.
Page 95 | 7.4 CONTINUANCES
A stipulated-continuance request must be submitted to the hearing judge, state good cause, describe any previous stipulated continuances, and report opposing counsel’s position; failure to appear may result in removal from the calendar.
B. All requests for stipulated continuances of law and motion matters must be made to the judge scheduled to hear the matter. The request must indicate good cause for the continuance, describe the basis for previous stipulated continuances, if any, and state the position of opposing counsel regarding the continuance. Failure to appear at the date and time set for hearing, may result in the matter being dropped from the calendar.
Page 95 | 7.4 CONTINUANCES
The parties may stipulate once, with good cause, to a reasonable continuance; subsequent requests require the assigned judge's approval and all requests must be submitted at least 48 hours before the hearing with specified information.
2. Continuances: The parties may, with good cause, stipulate once to a continuance for a reasonable amount of time. Any subsequent requests for continuances are subject to approval by the assigned Family Court Judge. All requests must be submitted at least a full 48 hours prior to the date of hearing. The request must indicate good cause for the continuance and state the position of the opposing party regarding the continuance as well as the requested date.
Page 107 | Chapter 10, Family Law Department, 10.1 Law and Motion, A.3 Continuances
2. Orders Shortening Time. Orders shortening time should not be requested unless there is a hardship or emergency requiring prompt action. All requests must be accompanied by a written declaration establishing good cause. Notice of the request must be given to opposing counsel, if any, within twenty-four (24) hours, except for good cause. A declaration must be submitted stating the fact of notice or good cause for its absence.
2. Orders Shortening Time. Orders shortening time should not be requested unless there is a hardship or emergency requiring prompt action. All requests must be accompanied by a written declaration establishing good cause. Notice of the request must be given to opposing counsel, if any, within twenty-four (24) hours, except for good cause. A declaration must be submitted stating the fact of notice or good cause for its absence.
Page 107 | Chapter 10, Family Law Department, 10.1 Law and Motion, B.2 Orders Shortening Time
A continuance for a specially set hearing will be granted only upon a showing of exceptional good cause.
Continuances will not be granted except upon exceptional good cause.
Page 108 | Chapter 10, Family Law Department, 10.1 Law and Motion, D. Special Settings
At the criminal jury-trial readiness calendar, pending procedural motions must be presented, and after a trial date is confirmed, no further pleading amendments or continuances will be granted absent good cause.
Upon the calling of such readiness calendar, all motions for continuance, waiver of jury, change of plea, reductions, or other procedural matters shall be presented. In the event the case is not disposed of at the trial readiness conference and a trial date is confirmed, all offers on either side will be deemed withdrawn and the case will be tried on all counts. No further amendments to pleadings or continuances will be granted except for good cause shown.
Page 157 | 14.7 JURY TRIAL READINESS CALENDAR
A criminal-case continuance will not be granted solely because all parties agree to it.
No continuance will be granted solely because all parties agree thereto.
Page 157 | 14.7 JURY TRIAL READINESS CALENDAR
Every motion to continue a criminal proceeding must comply with Penal Code section 1050.
Any motion to continue in a criminal proceeding must comply with Penal Code section 1050.
Page 157 | 14.7 JURY TRIAL READINESS CALENDAR
The court may enter an order continuing the hearing and directing Program participation any time through the date of the motion hearing.
Such an order may be entered at any time up to and including the date set for the hearing on the motion.
Civil cases
Page 2 | Involuntary Program
If the accounting cannot be filed at least 45 days before the hearing, the conservator should request a continuance using Local form CI-105.
If a conservator is unable to file the accounting at least 45 days prior to the hearing date, a request for continuance of the hearing should be submitted using Local form CI-105, Request for Continuance of Hearing & Order.
Page 54 | 4.101 ACCOUNTS AND ACCOUNTING
A sale confirmation will be continued only in exceptional circumstances, and any continuance motion must be made in open court.
Sale confirmations will be continued only under the most exceptional circumstances. A motion for continuance must be made in open court.
Page 60 | 4.131 CONFIRMING SALE OF REAL PROPERTY
Parties may request vacatur or continuance of the initial case management conference by filing the request and order concurrently with the case management statement.
The parties may request that the initial case management conference be vacated or continued by filing a request to vacate or continue initial case management conference and order concurrently with the case management statement.
Page 72 | 6.8 FROM CASE FILING TO CASE MANAGEMENT CONFERENCE
Before dismissal for untimely proof of service, an unlawful-detainer plaintiff may request an extension to accomplish service, which may be granted upon a showing of good cause.
Prior to dismissal, the plaintiff may request an extension of time to achieve service, which may be granted for good cause shown.
Page 85 | 6.15 MISCELLANEOUS RULES, B
Mediation may be rescheduled for a compelling reason only if the Family Court Services Office receives notice at least five calendar days before the appointment and no hearing date is continued.
3. Rescheduling: Rescheduling of a mediation appointment is discouraged. However, if there is a compelling reason, an appointment may be rescheduled if the parties contact the Family Court Services Office at least five (5) calendar days before the appointment date and rescheduling will not result in a hearing date being continued.
Page 115 | CHAPTER 10: FAMILY LAW DEPARTMENT
Parties seeking to cancel mediation because the dispute settled or for mutual good cause must give the mediation service at least five calendar days' notice to avoid possible sanctions.
4. Cancellation: If the parties wish to cancel a mediation appointment because the dispute has been settled or if both sides agree to cancel the mediation for good reason, at least five (5) calendar days’ notice must be given to the mediation service to avoid the possibility of sanctions.
Page 115 | CHAPTER 10: FAMILY LAW DEPARTMENT
For traffic and nontraffic infraction matters, the clerk or designee may grant one 60-day extension upon written or verbal request.
Upon written or verbal request for an extension of time to take care of an infraction traffic or infraction non-traffic matter, the clerk of the court or designee is authorized to grant a one (1) time sixty (60) day extension from the original pay or appear date (appearance date on citation).
Page 162 | 14.18 REQUEST FOR EXTENSION
A continuance requires court authorization, must be requested using Local form CI-105 rather than by telephone or letter, and should be filed no later than five court days before the hearing.
Matters may not be continued by the petitioning party or by stipulation of counsel without authorization from the court. The court will not accept telephone or letter requests to continue the matter. All requests for continuance shall use Local form CI-105, Request for Continuance of Hearing & Order. All requests should be filed with the court no later than five (5) court days prior to the hearing.
Page 40 | 4.23 CONTINUANCES
Chambers Communication Rules
If the court has not directed oral argument, a party must notify the court and all other parties by telephone, email, or in person by 4:00 p.m. on the preceding court day to obtain permission to appear.
2. Requested by a Party. If the court has not directed oral argument, oral argument will be permitted only if a party notifies all other parties and the court, by 4:00 p.m. on the court day before the scheduled hearing, of the party’s intention to appear. The notification to the court may be in person, by telephone to (831) 647-5800 ext. 3040 or by email at TentativeRulings@monterey.courts.ca.gov.
Page 96 | 7.9 TENTATIVE RULINGS C.2 Requested by a Party
A party requesting oral argument must notify every other party by telephone or in person.
Notice to the other party must be by telephone or in person, as required by California Rules of Court, rule 3.1308(a)(1).
Page 96 | 7.9 TENTATIVE RULINGS C.2 Requested by a Party
Anyone experiencing technology or audibility problems during a remote proceeding should alert the court, and a party or witness may call the court’s general number for assistance.
In the event a party, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel experiences technology or audibility issues that arise during a remote conference, hearing, proceeding, or trial, the person is to alert the court. A party or witness may raise their hand, place a comment in the “Chat” box (if available) or call the court’s general number at (831) 647-5800 to obtain assistance.
Page 14 | J. Technology or Audibility Issues
Court mediation is available only when a case is pending; no mediation will be scheduled if no action is filed.
Mediation services are only available where there is a case filed with the court. If there is no pending action (dissolution, paternity, visitation, guardianship, etc.), no mediation will be scheduled.
Page 114 | 10.6(E)(1) Availability of Mediation or Child Custody Recommending Counseling
A participant requesting a change of mediator or reporting a mediation-process problem must notify the Family Court Services clerk.
In the event there is a request by a participant in mediation for a change of mediator or a concern regarding a problem relating to the mediation process, the participant shall notify the Family Court Services clerk of the request to change of mediator or recommending counselor.
Page 117 | Chapter 10: Family Law Department
The court provides courtADR@mandellgisnetcenter.org as a contact email address.
Contact: courtADR@mandellgisnetcenter.org
Civil cases
Mediation appointments may be scheduled by contacting the Family Court Services Office by phone or email at the listed contact information.
Appointments can be made by contacting the Family Court Services Office either by phone, e-mail, or in person, at the following location: Family Court Services Office 1200 Aguajito Rd., Room 303 Monterey, CA 93940 (831) 647-5891 fcs@monterey.courts.ca.gov
Page 114 | 10.6(E)(2) How to Schedule a Mediation or Child Custody Recommending Counseling Appointment
Minors, parents or guardians, Indian custodians, and CASA workers may seek approval for a remote juvenile appearance through counsel or the Probation Department by phone at (831) 755-3900 or email to acosta-sosam@co.monterey.ca.us.
Minors and their parents/guardians, Indian custodians and CASA workers may seek approval from the court through counsel for the minor or the Probation Department at (831) 755-3900 or by email to acosta-sosam@co.monterey.ca.us.
Parties needing assistance with a remote appearance may call the court at (831) 647-5800 or use the contact information on the court’s website.
If any party requires assistance with a remote appearance they may call the court at: (831) 647-5800, or as indicated on the court’s website.