Monterey Superior Court Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

New complaints and documents are not deemed filed and are returned unprocessed if incomplete or if filing fees were not submitted.

All new complaints and/or documents submitted for filing shall be deemed not filed if after careful review are found to be incomplete and/or filings fees were not submitted and will be returned unprocessed to the submitting party.

CRITICAL

A case delivered to an authorized courthouse is deemed filed when it receives the courthouse’s received date and time stamp.

Any such case shall be deemed “filed” at the date and time it is “received” stamped at any authorized courthouse.

CRITICAL

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.

CRITICAL

Deadline

4 court days

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.

CRITICAL

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.

WARNING

The court issues a receipt-and-filing confirmation that serves as proof an electronic document was filed.

The court will issue a confirmation that the document has been received and filed in accordance with California Rules of Court, rule 2.259. The confirmation shall serve as proof that the document has been filed.

CRITICAL

A party disagreeing with an At-Issue Memorandum must serve and file 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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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)

CRITICAL

Electronic evidence must be lodged as soon as practicable after record certification and, at the latest, 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.

CRITICAL

Applies to

Conservator accounting

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.

CRITICAL

Counter requests for warrant arraignment involving out-of-custody defendants must be submitted by 2:00 p.m.

For “out of custody” defendants appearing at the counter, requests for arraignment on a warrant must be submitted by 2:00.

CRITICAL

In Category One cases, the trial management filing is due on the Friday before trial.

Category One: Friday prior to trial.

CRITICAL

A petition for an extended LPS commitment must be filed timely.

A petition for an extended commitment must be timely filed.

CRITICAL

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.

CRITICAL

Deadline

5 court days

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.

CRITICAL

Deadline

5 court days

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.

CRITICAL

Deadline

5 court days

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.

CRITICAL

Deadline

10 court days

In a misdemeanor case where time is not waived, a motion to suppress evidence must be noticed within ten court days after arraignment, absent good cause.

3. within ten (10) court days of the date of arraignment in a misdemeanor case where time is not waived.

CRITICAL

Deadline

2 court days

Calendar submissions for out-of-custody felony defendants are due by 11:00 a.m. two court days before the requested hearing date.

For felony “out of custody” defendants, matters to be heard on the felony grist calendar must be submitted by 11:00 am, two (2) court days prior to the requested hearing date.

CRITICAL

Applies to

Address change notice

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

CRITICAL

Unless the presiding judge directs otherwise, new felony charges must be filed by 11:00 a.m. on the arraignment date.

New felony charges shall be filed no later than 11:00 am the day set for arraignment, unless otherwise directed by the presiding judge.

CRITICALCivil cases

Deadline

7 court days

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.

CRITICAL

Deadline

15 calendar days

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.

CRITICAL

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.

CRITICAL

Trial counsel must file the felony trial brief by noon on the Friday immediately preceding trial unless the court orders an earlier deadline.

trial counsel shall file a brief no later than 12:00 noon on Friday for all felony cases

CRITICAL

Deadline

2 court days

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.

CRITICAL

Deadline

5 court days

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.

CRITICAL

Calendar submissions for in-custody felony defendants are due by 11:00 a.m. on the day before the next available grist day.

For felony “in custody” defendants, matters to be heard on the felony grist calendar must be submitted by 11:00 am, the day prior to next available grist day.

CRITICAL

Deadline

3 court days

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.

CRITICAL

Applies to

Final 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.

CRITICAL

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

CRITICAL

Deadline

15 court days

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.

CRITICAL

Deadline

20 calendar days

A party may object to adoption of a Parenting Coordinator recommendation as a court order by filing and serving an objection motion within 20 calendar days after service.

The Parenting Coordinator recommendations shall be subject to adoption by the court as an order unless either party files and serves a motion objecting to entry of the order within twenty (20) calendar days of service of the recommendations.

CRITICAL

Deadline

2 court days

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.

CRITICAL

The joint appendix must be lodged as soon as practicable after merits briefing and no later than 14 calendar days after briefing is complete.

The joint appendix shall be lodged as expeditiously as possible following completion of the parties’ briefing on the merits, but in no event more than 14 calendar days thereafter.

CRITICAL

Deadline

45 calendar days

Unless the court orders otherwise, the opening writ memorandum must be filed at least 45 calendar days before the hearing.

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.

CRITICAL

Deadline

15 calendar days

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.

CRITICAL

Deadline

10 court days

Absent good cause, a motion to set aside an indictment or information must be noticed within ten court days after arraignment.

Except for good cause shown, a Motion to Set Aside the Indictment or Information must be noticed within ten (10) court days of the date of arraignment.

CRITICAL

Deadline

15 court days

Unless the trial judge waives the requirement, counsel must submit proposed jury questionnaires at least 15 court days before trial.

Unless waived by the trial judge, counsel shall submit proposed jury questionnaires to the court no less than fifteen (15) court days in advance of the trial date.

CRITICALCivil cases

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.

CRITICAL

Deadline

10 court days

Absent good cause, a felony motion to suppress evidence must be noticed within ten court days after arraignment on the information.

Except for good cause shown, a Motion to Suppress Evidence must be noticed: 1. within ten (10) court days of the date of arraignment on the information in felony matters;

CRITICAL

Deadline

10 court days

Evidence-presenting misdemeanor pretrial motions must be noticed in writing with proof of service on opposing parties and filed at least 10 court days before the hearing, unless the court shortens the time for good cause.

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.

CRITICAL

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.

CRITICAL

Unless the presiding judge directs otherwise, new misdemeanor charges must be filed by 2:00 p.m. for the next day's arraignment calendar.

New misdemeanor charges shall be filed no later than 2:00 pm for the next day’s arraignment calendar, unless otherwise directed by the presiding judge.

CRITICAL

Deadline

5 court days

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.

CRITICAL

Deadline

2 court days

A request to set a criminal matter on calendar generally must be submitted at least two court days before the requested hearing date unless an earlier deadline applies or the trial judge approves an exception.

A party seeking to set a criminal matter on calendar shall submit a memorandum or pleading to the clerk’s office no later than two (2) court days before the requested hearing date unless an earlier date is otherwise noted in these Local Rules. Exceptions to this rule must be approved by the judge hearing the case.

CRITICAL

An administrative record must be lodged as soon as practicable after certification and no later than 30 days before the hearing on the merits.

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.

CRITICAL

Trial counsel must file the misdemeanor trial brief by 3:00 p.m. on the Friday immediately preceding trial unless the court orders an earlier deadline.

trial counsel shall file a brief no later than 3:00 p.m. on Friday for all misdemeanor cases immediately preceding the trial date

CRITICAL

Deadline

10 court days

In a misdemeanor case where time is waived, a motion to suppress evidence must be noticed within ten court days after the first pretrial hearing, absent good cause.

2. within ten (10) court days of the date of the first pre-trial hearing in a misdemeanor case where time is waived;

CRITICAL

Deadline

9 court days

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.

CRITICAL

A noticed motion for a real property equity bond, supported by proof of service to the District Attorney and Monterey County Counsel, must be filed with the clerk at least five days before the hearing.

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.

WARNING

Failure to submit a post-hearing order timely may result in sanctions.

Failure to submit orders after hearing in a timely manner may result in the imposition of sanctions.

WARNING

An opposition to remote proceedings should be filed at least five court days before the proceeding, subject to California Rules of Court rule 3.672(h)(3).

An Opposition to Remote Proceedings at Evidentiary Hearing or Trial should be filed at least five (5) court days before the proceeding, or as otherwise provided by California Rules of Court, rule 3.672(h)(3).

WARNINGCivil cases

Deadline

15 court days

Counsel should file a joint written Case Management Conference Statement 15 court days before the CMC, using the new date as operative if the CMC is continued.

In preparation for the Case Management Conference, counsel for the parties should file a joint written Case Management Conference Statement fifteen (15) court days before the CMC. If the CMC is continued, the new CMC date is operative.

WARNING

If the case management conference is continued, the new conference date is operative.

If the case management conference is continued, the new conference date is operative.

WARNING

Only the presiding judge, the presiding judge's designee, or the trial judge may authorize an exception to the trial-brief filing deadline.

The only exception to the timely filing of a trial brief is by authorization of the presiding judge, designee of the presiding judge, or the trial judge.

WARNING

Matters may not be calendared for Monday on any calendar or for Friday in Department 11.

Matters may not be set on Monday for any calendar or Friday for Department 11.

INFOCivil cases

Deadline

7 court days

The parties are encouraged to notify the court of a written stipulation at least seven court days before the hearing.

The parties are encouraged to notify the Court of a written stipulation at least seven (7) court days before the hearing.

INFOCivil cases

Deadline

7 court days

Parties are encouraged, but not required, to notify the court of their Program participation at least seven court days before the hearing.

The parties are encouraged to notify the Court of their election to participate in the Program at least seven (7) court days before the scheduled hearing date.