San Joaquin Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Notice of Remote Appearance, Opposition
Notice of Remote Appearance, Opposition to Remote Proceedings
Petition
- Upon Filing
Substantive Motion, Trial Document
Adjournments
- A party seeking a hearing-date change must file a written application showing good cause and a proposed order at least five court days before the hearing.
- A continuance may be requested by stipulation up to five court days before the hearing, but court approval is required when the request is made within five court days of the hearing.
- If the doctor cannot file the report, the doctor must submit a written extension request by 5:00 p.m. no later than the last court day before the hearing, using either authorized filing method.
Communication
Clerk
Clerk
Phone
Clerk
Page & Word Limits5 rules
Without this prior approval, the Court will not consider any attachments exceeding the page limits set forth in Paragraph A or B above.
The attachments to any Petition or Expedited Petition for compromise for a minor or incapacitated person shall not exceed 50 pages, without authorization from the Court, or falling under Paragraph B below.
- Attachments
- Up to 50 pages
- Petition
- Expedited petition
If the petition requests the settlement be distributed to a special needs trust, the attachments shall not exceed 100 pages, without authorization from the Court.
- Petition
- Up to 100 pages
Any evidentiary documents attached to declarations shall not exceed 10 pages in length. However, a party may apply to the court ex parte with notice of the application to the other parties for permission to submit additional pages.
- Declaration attachment
- Up to 10 pages
Each party must file one original brief, briefs may not exceed 15 pages, and briefs of five pages or less may omit the topical index and table of authorities.
- Brief
- Up to 15 pages
Court's wording
A. Each party shall present one (1) original at the time of filing. Briefs not exceeding fifteen (15) pages in length shall be prepared, served and filed as provided by Rules 8.706 and 8.204 of the California Rules of Court, except that briefs of five pages or less may omit the topical index and table of authorities required by Rule 8.205. If an appellant’s opening brief pursuant to People v. Wende in adult criminal appeals is filed, the clerk will not send a notice of late filing. (Rev. 1/1/2022)
Document Format Requirements11 rules
B. All exhibits must be individually tagged with the proper exhibit tag. Each exhibit tag must be properly completed and security attached to the exhibit. Any exhibit improperly tagged will not be accepted by the court.
- Exhibits
Formatting
- •The court will not accept an improperly tagged exhibit
Original photographs or 8 1/2 x 11-inch copies shall be substituted for any photographically enlarged or oversized exhibits.
The Judge’s signature shall appear at the end of the last attachment with an appropriate indication of that fact on the last page of the body of the order or decree.
All electronic filed documents must be in electronic text searchable PDF format. There is not a limit on the number of pages a document can contain, unless prohibited by another rule.
- File type
Formatting
- •Electronic text searchable format
- •No page limit unless prohibited by another rule
Documents containing exhibits must use an electronic bookmark for each exhibit and an identifying slip sheet between exhibits.
- Documents with exhibits
Formatting
- •Insert a slip sheet between each exhibit identifying the following exhibit
Court's wording
Documents containing exhibits must be bookmarked. An electronic bookmark must be created for each exhibit, and between each exhibit a slip sheet must be inserted containing identification of the following exhibit. For example, a page where the words printed are “Exhibit A” or Exhibit B” or other appropriate identification.
The requests shall be limited to those specified in subsection (b) of Rule 5.151 and must be in writing.
A document required at the hearing must be submitted in PDF format.
- File type
- Document
Court's wording
In the event the court requires a party/attorney to submit a document at the time of the hearing, the party/attorney must send the document in a .pdf format to the court at familycourtclerks@sjcourts.org, and must copy all counsel of record and self-represented parties on that email.
A. Exhibits submitted by plaintiff, petitioner or the People should be marked consecutively with numbers. Exhibits submitted by defendant or respondent should be marked consecutively with letters.
- Exhibits
Formatting
- •Exhibits submitted by defendant or respondent must be marked consecutively with letters
The courtesy copy of a petition containing an accounting must be marked in red in the upper left-hand corner “Examiner’s Copy.”
Court's wording
A courtesy copy of any petition containing an accounting shall be submitted to the Probate Clerk at the time the original is filed or within 5 court days of filing, if electronically filed, marked in red in the upper left-hand corner “Examiner’s Copy.”
C. To facilitate scanning, the documents must be loosely bound and not stapled.
- Financial document
Formatting
- •Loosely bound
- •Not stapled
Riders and exhibits should not be attached to an order or decree; except that an exhibit setting forth legal descriptions, a statement of trust terms, and the like may be attached if specifically incorporated in the body of the order or decree.
Document Filing Requirements193 rules
If reference is made to the transcript of a hearing other than the preliminary hearing, a copy of the relevant excerpt of that hearing shall be attached to the memorandum of points and authorities.
The memorandum must clearly specify the precise factual and legal issues raised in the motion and the specific legal authority relied upon for the motion.
A memorandum of points and authorities must include a statement of the case and/or a statement of facts setting forth any procedural or factual matters relevant to the issues presented.
- Document
- Memorandum of points and authorities
Must include
- •Statement of facts
If reference is made in the memorandum of points and authorities to the transcript of the preliminary hearing, the specific page and line number of the transcript shall be cited.
The moving party’s memorandum of points and authorities shall state whether the motion was heard at the preliminary examination. If so, the moving party’s memorandum of points and authorities shall specify the factual findings and legal conclusions made by the court.
If authorities other than California cases, United States Supreme Court cases, and Witkin are cited in the memorandum of points and authorities, a copy of such authorities must be attached thereto.
Unpublished California cases cited through the Daily Appellate Report must be attached to the memorandum.
Court's wording
New California cases not yet published in the advance sheets may be cited by reference to the Daily Appellate Report. Copies of cases cited in the Daily Appellate Report must be attached to the memorandum of points and authorities.
The moving party’s memorandum of points and authorities shall identify the specific legal and factual basis and cite the specific authority which will be offered to support the claim the search or seizure was defective.
If relevant to the motion, legible copies of the search warrant, affidavit in support of the warrant, and return and inventory shall be appended to the moving paper.
The moving party shall include a complete itemized list of the specific items of property or other matters sought to be suppressed or returned.
Only the items listed in the motion will be considered by the court for suppression or return unless it is established the newly identified item could not reasonably be identified before the motion was filed.
In all cases, the motion must be written and must comply with rules 2-101, 2-102 and 1538.5 PC.
When any party is unwilling to stipulate to the transcript of the preliminary examination or grand jury hearing being received into evidence (supplemented by other testimony and argument of counsel, as needed), that fact shall be stated on the first page of the notice of motion or response.
- Document
- Notice of motion or response
- Placement
- First page
Moving and responding parties shall specify on the first page of the notice of motion or response the name of the witnesses, if any, they intend to call at the hearing.
- Document
- Notice of motion
- Placement
- First page
Failure to file a memorandum is treated as a concession that the motion lacks merit, and ordinarily only issues stated in the memorandum will be considered, subject to the stated exceptions.
Court's wording
Absence of a memorandum of points and authorities shall be deemed by the court to be a concession that the motion lacks merit. No issues other than those set forth in the memorandum of points and authorities will be considered unless the new issues were not reasonably discoverable before the motion was filed or there is other good cause shown.
Defendants shall attach a copy of the current complaint, information, or indictment to the memorandum of points and authorities filed in support of any demurrer, motion to dismiss based upon the pleadings, or motion to strike.
When partial relief is sought, the notice must identify the specific count, enhancements, allegations, special circumstances, or other pleading aspects targeted.
Court's wording
If the defendant does not seek to dismiss or strike the entire complaint, information, or indictment, the defendant shall set forth in the notice of motion the count, enhancements, allegations, special circumstances, or other aspects of the pleading defendant seeks to dismiss or strike.
In misdemeanor cases, all motions in limine requiring live testimony shall be made in writing with a supporting memorandum of points and authorities.
Demurrers, motions to dismiss, and motions to strike shall specify in the notice whether the defendant seeks to dismiss or strike the entire complaint, information, or indictment.
In felony cases, all motions in limine, any extraordinary or complex motions, and any motions requiring live testimony shall be made in writing with a supporting memorandum of points and authorities.
All motions seeking the admission of evidence pursuant to Evidence Code §1101(b), or 1108 or 1109, shall include, in addition to the items set forth in paragraph D, relevant portions of the police reports, transcribed witness statements, and preliminary hearing and trial transcripts relating to the uncharged offense when such documents are available.
All evidentiary in limine motions necessitating testimony must be clearly labeled: LIVE TESTIMONY NECESSARY.
- Document
- Motion
Must include
- •LIVE TESTIMONY NECESSARY
In limine motions seeking to admit or exclude evidence or testimony must include an itemized evidence list, a summary of expected testimony, a witness list, and points and authorities.
- Document
- Motion
Must include
- •Legal argument
Court's wording
All in limine motions seeking to exclude or admit evidence or testimony shall include the following: 1. An itemized list of the evidence the party is seeking to exclude or admit. 2. A summary of the expected testimony the party is seeking to exclude or admit and a list of the witnesses the party expects will give that testimony. 3. Points and authorities as described in 2-102.
All special instructions shall be labeled People’s Special Instruction or Defendant’s Special Instruction and numbered sequentially.
Any motion to be relieved shall include a declaration stating the defendant’s last known address along with facts indicating when that address was last confirmed as valid by counsel.
An attorney retained to represent a defendant in a criminal proceeding shall not withdraw from such representation except by order of the court upon a timely motion.
All proposed jury instructions shall comply with the California Rules of Court.
Unless otherwise ordered by the trial court, all requested instructions shall be presented in their entirety and not simply referred to by CALCRIM numbers.
The pretrial statement shall include a brief statement of the case, the maximum exposure the defendant faces, and the pretrial offer, and defendant’s counteroffer, if any is offered.
No application for an order allowing release from jail for medical, dental, funeral or other appointments shall be made ex-parte.
All requests for release shall be made to the presiding criminal judge or a judge assigned by the presiding criminal judge.
A noticed motion to modify judgment must specify the order sought and the support for it.
Court's wording
Requests to modify judgment must be by a noticed motion, specifying the order sought and the support for it, filed with the clerk of the court not less than five (5) days in advance of the hearing date.
If the whereabouts of the defendant are unknown, the declarations shall include facts constituting reasonable diligence in ascertaining the defendant’s last known address.
A written application for a hearing-date change must be accompanied by a proposed order.
- Document
- Hearing date change application
Must include
- •Proposed order
Court's wording
Any party seeking a change of hearing date set under this section must file a written application containing a showing of good cause together with a proposed order five (5) court days in advance of the hearing.
To stay any action pending any type of alternative dispute resolution (ADR), stipulations and proposed orders must provide that the ADR shall be binding and that a dismissal of the entire action will be filed.
A request for remote appearance must use and file Notice of Remote Appearance Form RA-010 no later than 10 court days before the specified hearing.
Court's wording
a. A party may request to appear remotely by filing and serving a Notice of Remote Appearance Form RA-010 with the Court no later than10 court days before the Evidentiary Hearing, Settlement Conference, Bench or Court Trial, Jury Trial, or Order to Show Cause.
A personal-injury Settlement Conference Statement must include medical information, damages and supporting documentation, settlement offers and counteroffers, and other information useful to settling the case.
Court's wording
In a personal injury action, the statements shall set forth the medical condition of the party(s), medical treatment received and by whom, a listing of the medical bills, the amount of the general damages claimed and supporting documentation, offers and counter offers of settlement and all other information which will assist the court in settling the case.
In addition to the items required by California Rules of Court, Rule 3.1380(c), the Settlement Conference Statement shall contain a concise summary of the case, a description of the matters agreed upon and the matters in dispute, and the factual and legal contentions as to the matters in dispute.
Unless otherwise ordered by the court, the preparation of the order of finding, order, judgment or decree shall be in accordance with Rule 3.1312 of the California Rules of Court.
When a represented plaintiff requires a guardian ad litem, the petition must be filed with the complaint, and the summons may not issue until the appointment order is signed.
Court's wording
In cases where a minor, or other person for whom guardian ad litem will be necessary, is the plaintiff, the Petition to Appoint Guardian Ad Litem shall be filed simultaneously with the complaint and the summons to be issued. The summons shall not be issued until the Order Appointing Guardian Ad Litem has been signed.
Unless an applicable exception applies, an ex parte order application must be supported by a sworn declaration establishing reasonable notice efforts or a statutory basis for proceeding without notice.
Court's wording
Except as provided in this rule and in Rule 3.1204 of the California Rules of Court, no application for an order shall be made ex parte unless the applicant shows by written declaration under oath either that a reasonable effort has been made to give notice to the adverse party or attorney, that notice would be inappropriate or impractical or would result in irreparable injury, or that the order would not result in a significant direct burden or inconvenience to the adverse party.
Every ex parte order application must include a knowledgeable person’s sworn declaration explaining the bond amount, any waiver request, and the maximum likely loss, including attorney fees.
Court's wording
Every application for an order made ex parte shall be accompanied by a written declaration under oath, made by a person with knowledge of the facts, stating the facts for determining the amount of a bond and any facts supporting any requested waiver of a bond. The declaration shall state the maximum loss, including any attorney fees, which is likely to occur from the granting of the order.
In proceedings involving more than one parcel of property, the complaint shall set forth in addition to the matters required by Code of Civil Procedure, section 1250.310, numbers or symbols identifying each parcel of property.
When a party to an action dies, the attorney for that party shall forthwith serve and file a notice of death and pendency of probate proceeding, if any.
An application for a final order of condemnation must be made on notice to remaining parties or their stipulation and must include the final judgment and proof of satisfaction or acknowledgment of receipt by the affected defendants.
Court's wording
An application for final order of condemnation shall be made upon notice to all parties appearing in the action who have not been previously dismissed therefrom, or upon the stipulation of such parties, and it shall include, in addition to the requirements of Code of Civil Procedure section 1268.030, a copy of the final judgment and an acknowledgment of receipt by the affected defendant(s) of the amount specified in the final judgment, or other evidence satisfactory to the court that the judgment has been satisfied.
demurrer, disclaimer, written appearance, or other pleading shall set forth, in the space below the number of the case and in parentheses, the parcel numbers or symbols that identify the property claimed by that defendant.
Attorneys shall provide their clients with a copy of San Joaquin Superior Court ADR Information packet at the earliest available opportunity and prior to the initial Case Management Conference.
When a case set for judicial arbitration or court mediation settles, the plaintiff must immediately serve and file a notice of settlement or other disposition.
Court's wording
If a case that has been set for judicial arbitration or court mediation settles, plaintiff must immediately serve a copy of written Notice of Settlement or other disposition on the ADR neutral provider appointed in the case and file the Notice of Settlement with the court.
A party filing an application for entry of judgment on a sister-state judgment must also submit the court’s clerk’s judgment form or another judgment consistent with CCP 1710.5.
Court's wording
Upon the filing of an Application for Entry of Judgment on a Sister-State Judgment pursuant to CCP 1710.15, the filing party shall also submit to the Clerk of the Court a “Clerk’s Judgment on Sister-State Judgment” form (San Joaquin Superior Court local form 87-adopted for optional use), or other Judgment consistent with CCP 1710.5.
“Notice of Ex Parte Request” Local Form SJPR/MH-008 shall be filed and served with any ex parte application, unless otherwise stated.
Mandatory Local Form SJPR-006 “DECLARATION RE NOTICE OF EX PARTE APPLICATION must be used and if needed form SJPR-006A “ATTACHMENT TO DECLARATION RE: NOTICE OF EX-PARTE APPLICATION.”
Where any petition calls for the relationship of the heirs or devisees, including but not limited to a Petition for Probate (DE-111), Petition to Determine Succession to Primary Residence (DE-310), an Affidavit re Real Property of Small Value (DE-305) or a petition under Probate Code §850, a chart of lineal descent must be included.
Unless an exception applies, an ex parte application must be supported by a sworn written declaration concerning notice to the adverse party or attorney and the grounds for not providing notice.
Court's wording
Except as provided in this rule and Rule 3.1204 of the California Rules of Court, no application for an order shall be made ex parte unless the applicant shows by written declaration under oath either that a reasonable effort has been made to give notice to the adverse party or attorney, that notice would be inappropriate, impractical, or would result in irreparable injury, or that the order would not result in a significant direct burden or inconvenience to the adverse party.
Application for extraordinary compensation will not be considered unless both the caption and the prayer of the Petition and the Notice of Hearing contain a reference to such application.
Filing & Service rules
Electronic Filing Rules
The physician or treating facility must provide the required habeas-corpus or Riese documents by delivery, electronic filing, or fax, and the court calendars the hearing upon timely receipt.
The physician or treating facility shall deliver, electronically file, or fax the required documents to the court in order to calendar a hearing. The Court will calendar all writs of habeas corpus and Riese hearings upon receipt and timely filing of the requisite documents.
Page 96 | 4-904. WRITS OF HABEAS CORPUS AND RIESE PETITIONS
Electronic documents must be filed through the court’s electronic service provider.
The filing of electronic documents must be affected using the court’s electronic service provider.
Page 105 | RULE 6 ELECTRONIC FILING
Documents and materials that cannot feasibly be converted to electronic form by scanning or imaging must not be electronically filed.
Documents and other materials that are not feasibly converted to electronic form by scanning or imaging shall not be electronically filed.
Page 105 | RULE 6 ELECTRONIC FILING
Electronic filing is prohibited for documents ordered filed under seal, which must instead be submitted directly to the clerk in paper form.
Documents ordered filed under seal cannot be electronically filed and must be submitted directly to the Clerk of the Court in paper form, compliant with CRC 2.551(d), if not previously lodged under seal.
Page 106 | 6. Sealed Documents
When the court requires a document at the hearing, it must be emailed to the family court clerk as a PDF and copied to all counsel of record and self-represented parties.
In the event the court requires a party/attorney to submit a document at the time of the hearing, the party/attorney must send the document in a .pdf format to the court at familycourtclerks@sjcourts.org, and must copy all counsel of record and self-represented parties on that email.
Page 122 | C. Procedure
The signed doctor report may be filed in person with the Clerk’s Office, by mail, or electronically under local rule number 6.
1. Filing the original signed document with the Clerk’s Office in person, which includes the drop box, or by mail; or, 2. Electronically filing the signed document pursuant to local rule number 6.
Page 33 | 2-114. SUBMISSION OF DOCTOR REPORTS TO DETERMINE MENTAL HEALTH COMPETENCY PER PC 1368
A motion to seal documents may be filed electronically.
A motion to file documents under seal may be filed electronically.
Page 106 | 6. Sealed Documents
Filing Timing and Cure Windows
A document deposited in a court’s drop box up to and including 4:00 p.m. on a court day is deemed filed that day, and a court may establish a noticed later cutoff for same-day filing.
Any document deposited in a court's drop box up to and including 4:00 p.m. on a court day is deemed to have been deposited fo r filing on that day. A court may provide for same-day filing of a document deposited in its drop box after 4:00 p.m. on a court day. If so, the court must give notice of the deadline for same-day filing of a document deposited in its drop box.
Civil cases · Court notice
Page 1 | California Rules of Court — Rule 2.210 Drop box for filing documents
Documents placed in the drop box by 4:00 p.m. are deemed filed that day.
Documents placed in the drop box by 4:00 pm are deemed filed the same day. See CRC 2.210(b)
Civil cases · Court notice
Page 1 | Civil, Appeals & Dependency Clerk’s Office Drop Box
A drop-box document is deemed filed the next court day when deposited after the applicable same-day deadline or on a judicial holiday.
Any document deposited in a court's drop box is deemed to have been deposited for filing on the next court day if: (1) It is deposited on a court day after 4:00 p.m. or after the deadline for same-day filing if a court provides for a later time; or (2) It is deposited on a judicial holiday.
Civil cases · Court notice
Page 1 | California Rules of Court — Rule 2.210 Drop box for filing documents
The specified felony trial motions must be served on opposing counsel and filed no later than one week before the first trial assignment date.
These motions must be served on opposing counsel and filed with the court no later than one week before the first trial assignment date.
Page 29 | 2-103(A)
Misdemeanor in limine motions requiring live testimony must be served and filed no later than one week before the first trial assignment date.
In limine motions requiring live testimony shall be served on opposing counsel and filed with the court no later than one week before the first trial assignment date.
Page 29 | 2-103(B)
In felony cases, the People and defendant must file and serve a pretrial statement at least two days before the pretrial conference.
In felony cases, the People and the Defendant shall file with the court, and serve on opposing counsel, a pretrial statement two (2) days prior to the scheduled pretrial conference.
Page 31 | B. Felony Cases – Pretrial Statement
A hearing date and time for a temporary inmate-release application generally must be arranged 24 hours in advance, although less advance notice may be allowed for good cause by contacting the courtroom clerk.
A hearing date and time for the application and order must be made 24 hours in advance or within less time upon good cause by contacting the judge’s courtroom clerk.
Page 32 | 2-112. CRIMINAL APPLICATIONS FOR TEMPORARY ORDERS FOR RELEASE OF INMATE
A request to modify judgment must be made by a noticed motion specifying the requested order and supporting basis and filed at least five days before the hearing, subject to the stated non-substantive-modification exception.
Requests to modify judgment must be by a noticed motion, specifying the order sought and the support for it, filed with the clerk of the court not less than five (5) days in advance of the hearing date.
Page 32 | 2-111. REQUESTS TO MODIFY JUDGMENT
Mental health competency doctor reports must be filed by 5:00 p.m. no later than the last court day before the hearing.
A. Doctor reports regarding mental health competency under PC 1368 must be filed with the court by 5:00 p.m. no later than the last court day prior to the hearing either by:
Page 33 | 2-114. SUBMISSION OF DOCTOR REPORTS TO DETERMINE MENTAL HEALTH COMPETENCY PER PC 1368
In an uninsured motorist case, the plaintiff must file a dismissal within 10 days after receiving the monies.
Plaintiff is required to file a dismissal within ten (10) days after receipt of monies or 60 days after the arbitration hearing in all uninsured motorist cases.
Page 35 | 3-102.A.5 Policy
If a responsive pleading is not timely served and no extension is granted, the plaintiff must request entry of default within 10 days after the service period expires.
Pursuant to C.R.C 3.110(g), if a responsive pleading is not served within the applicable time limits, and no extension of time has been granted, the plaintiff is required, within 10 days after the time for services has elapsed, to file a request for entry of default.
Page 35 | 3-102.C.3 Responsive Pleadings
A written response to an order to show cause must be filed at least five calendar days before the hearing.
Written response to orders to show cause must be filed at least five (5) calendar days before the hearing.
Page 35 | 3-102.B.3 Procedure
Each appearing party must file and serve the completed Case Management Conference Statement at least 15 calendar days before the hearing.
Each appearing party shall file and serve the completed Case Management Conference Statement at least fifteen (15) calendar days prior to the hearing.
Page 38 | F. Case Management Conference (CMC)
Each party must file a Settlement Conference Statement with the court at least 10 calendar days before the hearing.
Each party must file with the court and serve all other parties with a Settlement Conference Statement at least ten (10) calendar days prior to the hearing.
Page 42 | 3-104 SETTLEMENT CONFERENCE PROCEDURES, Section 1: Settlement Conference Statements
A remote-appearance request must be filed no later than 10 court days before the hearing.
a. A party may request to appear remotely by filing and serving a Notice of Remote Appearance Form RA-010 with the Court no later than10 court days before the Evidentiary Hearing, Settlement Conference, Bench or Court Trial, Jury Trial, or Order to Show Cause.
Page 42 | 3-103 REMOTE APPEARANCES
The moving papers and any applicable filing fee must be filed no later than 24 hours before the requested ex parte hearing time.
The party shall file the moving papers and any applicable filing fee due no later than 24 hours prior to the requested hearing date and time.
Page 46 | 3-106. EX PARTE APPLICATIONS AND ORDERS
Parties that agree to mediation at a Case Management Conference must file a Stipulation and Order to ADR within 21 days after the conference.
When parties come to an agreement at a Case Management Conference to utilize mediation, the parties have 21 days from the date of the Case Management Conference to file a Stipulation and Order to ADR with the court.
Page 57 | 3. Filing the Stipulation Following a Case Management Conference
Parties seeking to stipulate to mediation before the initial Case Management Conference must file a completed stipulation at least 10 days before the conference.
To stipulate to mediation prior to the initial Case Management Conference, parties must file a completed stipulation at least ten (10) days before the scheduled Case Management Conference.
Page 57 | D. Filing the Stipulation Prior to an Initial Case Management Conference
Proofs of publication must be filed with the Clerk at least 5 court days before the hearing.
Proofs of Publication shall be filed with the Clerk at least five (5) court days prior to the day of hearing.
Page 63 | C. Pleadings / Calendaring
Petitions and supporting papers must be filed 30 calendar days before the hearing, except for the Notice of Hearing and proof of service.
Petitions with all supporting papers, except the Notice of Hearing and or proof of service, shall be on file thirty (30) calendar days before the hearing date. Failure to file all required paperwork in the time limits specified in this section, or sections 2 and 3 immediately below, may result in the hearing being continued.
Page 63 | C. Pleadings / Calendaring
The initial Notice of Hearing and proofs of service must be filed with the Clerk at least 10 court days before the hearing.
Notice of Hearing and or proofs of service for the initial petition shall be filed with the Clerk at least ten (10) court days prior to the day of hearing.
Page 63 | C. Pleadings / Calendaring
The parties must file a joint Meet and Confer Statement within 45 days after service of the responsive pleading.
The parties must file a joint Meet and Confer Statement (parties may use local form SJPR-002) within 45 days after service of the responsive pleading.
Page 71 | 4-117. REMOTE APPEARANCES
A remote-appearance request must be filed and served with Form RA-010 and proposed Form RA-020 at least 10 court days before the hearing or trial.
A party may request to appear remotely by filing and serving a Notice of Remote Appearance (Judicial Council Form RA-010) and proposed Order Regarding Remote Appearance (Judicial Council Form RA-020) with the Court no later than ten (10) court days before the Evidentiary Hearing, Settlement Conference, Bench or Court Trial, or Jury Trial.
Page 72 | 4-117. REMOTE APPEARANCES
A petition for preliminary or final distribution may not be heard until a survival period required by the Will has expired.
If a Will contains a period of survival as a condition precedent to the spouse’s or beneficiary’s right to receive assets, the petition for a preliminary or final distribution cannot be heard until the survival period has expired.
Page 83 | 4-301. PROCEDURE WHERE WILL CONTAINS MINIMUM SURVIVAL TIME
When a trust is created under PC §§ 2580 or 3100, the trustee must commence a separate county trust proceeding by filing an Acceptance of Trust by Trustee with the certified Substituted Judgment order and trust attached within 30 days after the order is signed.
When a trust is created under PC §§ 2580 or 3100 the Order shall provide, as a condition of approval that the Trustee shall commence a separate trust proceeding with a probate case number in this county by filing an Acceptance of Trust by Trustee, with a certified copy of the Order for Substituted Judgment and the Trust attached. This shall be done within 30 days of the Order being signed.
Page 90 | D.
A petition received with attachments exceeding the applicable page limit without court authorization will be rejected.
Any petitions with attachments received in excess of the page limits set forth above, without authorization, shall be rejected.
Page 94 | 4-804. ATTACHMENT LIMITS
Habeas-corpus hearings occur within two court days under the stated Monday-through-Friday filing schedule, with filings after 11:30 a.m. assigned according to the next listed day and holiday hearings moved to the next court day.
Hearings on writs of habeas corpus will be conducted within two court days of the filing of the writ as follows: Petitions filed on Mondays and Tuesdays by 11:30 a.m. will be heard on Wednesdays at 8:45 a.m. or 9:00 a.m.; Petitions filed on Wednesdays and Thursdays by 11:30 a.m. will be heard on Fridays at 8:45 a.m. or 9:00 a.m.; Petitions filed on Fridays by 11:30 a.m. will be heard on Mondays at 8:45 a.m. or 9:00 a.m. Any hearing date that falls on a judicial holiday will be heard on the next court day.
Page 96 | 4-904. WRITS OF HABEAS CORPUS AND RIESE PETITIONS
A habeas-corpus or Riese petition filed after 11:30 a.m. is treated as filed the next day and calendared accordingly.
Any writ of habeas corpus or Riese petition filed after 11:30 a.m. on the days designated herein shall be treated as if they were filed on the next day and shall be calendared accordingly.
Page 96 | 4-904. WRITS OF HABEAS CORPUS AND RIESE PETITIONS
LPS matters are heard Monday, Wednesday, and Friday at 8:45 a.m. or 9:00 a.m.; filers should provide at least three legally available dates, and proof of service must be filed before the hearing.
Motions, petitions, and other requests for relief in LPS matters are heard Mondays, Wednesdays, and Fridays at 8:45a.m. or 9:00a.m. When submitting the moving papers for filing, please have at least three (3) dates (within the proper time provisions) for the clerk to check for availability. Proof of service must be on file with the Superior Court Clerk’s office before the scheduled hearing.
Page 96 | 4-903. LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIPS
The filer is responsible for confirming submission, correcting and resubmitting rejected documents, and completing electronic filing; without confirmation of receipt and filing, receipt and filing are not presumed.
The confirmation of submission, subsequent resubmission of rejected documents with corrections and/or fees, as well as the filing of documents with the court electronically is the sole responsibility of the filer. In the absence of confirmation of receipt and filing, there is no presumption that the court received and filed the document.
Page 106 | 5. Confirmation of Submission
An electronically submitted document is not considered filed until the reviewing clerk accepts it.
Documents electronically submitted to the court for filing may be reviewed by the clerk for certain data elements and/or completeness. Documents are not considered “filed” until they have been accepted by the reviewing clerk.
Page 106 | 4. Acceptance or Rejection of Filing
After denial of a fee-waiver request, the filer must comply with the fee-waiver order within 10 days or the filing will be voided.
The filer will have 10 days to comply with the Order on Fee Waiver or the filing will be voided.
Page 107 | 8. Fees and Fee Waivers
A proponent must provide written notice of intent to introduce videography testimony at least 15 days before the hearing.
Notice of intent to introduce testimony by videography must be given in writing by the proponent at least 15 days prior to the date set for hearing.
Page 113 | 7-106
Each party must file and serve a meaningful and complete statement at least 10 days before the mandatory settlement conference, including the listed property, support, issues, and attorney-fee information.
Each party shall file and serve ten days prior to the mandatory settlement conference a meaningful and complete statement which shall include: (a) Identity of community property and obligations; (b) Identity of separate property; (c) Proposed distribution of community property and obligations; (d) Statement of issues and contentions; (e) Statement of request for child and spousal support; and, (f) Statement of request for attorney’s fees pursuant to Rules of Court, Rule 5.427.
Page 113 | 7-110 SETTLEMENT CONFERENCES
For all trials, including long cause hearings, the parties must file and exchange trial briefs on all issues at least five court days before trial.
For all trials, including long cause hearings, the parties shall file and exchange trial briefs on all issues at least five court days prior to trial.
Page 114 | 7-110.5 PRE-TRIAL EXCHANGE OF DOCUMENTS AND INFORMATION
Objections to a videoconference appearance application must be filed and served no later than five days after service of the application.
Any objections to the application must be filed and served no later than five (5) days after service of the Application.
Page 118 | 7-115. VIDEO CONFERENCE APPEARANCE
The videoconference appearance application must be filed and served at least 20 days before the initially scheduled hearing or trial.
The requesting party must file and serve an Ex Parte Application for Videoconference Appearance at Trial and Order (SJ- FL-004) at least twenty (20) days prior to the date the matter is initially set for hearing or trial.
Page 118 | 7-115. VIDEO CONFERENCE APPEARANCE
Any document a party or attorney wants the court to consider must be submitted with the moving or opposition papers at least five court days before the hearing.
Any and all documents a party/attorney wants the court to consider shall be submitted with a party’s moving/opposition papers five (5) court days prior to the hearing.
Page 119 | 7-115
Objections to a remote-appearance application must be filed and served within five days after service of the application.
Any objections must be filed and served no later than five (5) days after service of the Application.
Page 121
A request for remote appearance by telephone must be filed and served at least 10 court days before the scheduled hearing.
A party may request to appear remotely by telephone by filing and serving an Ex Parte Application for Remote Appearance at Hearing and Order (Form SJ-FL-005) with the Court no later than10 court days before the Evidentiary Hearing, Mediation, Settlement Conference, Trial, or Order to Show Cause.
Page 121
Documents intended for the court's consideration must be submitted five court days before the hearing.
Any and all documents a party/attorney wants the court to consider shall be submitted with a party’s moving/opposition papers 5 court days prior to the hearing.
Page 122 | C. Procedure
Failure to provide at least five court days’ notice of documentary evidence may result in a continuance or exclusion of that evidence.
Failure to provide at least five court days’ notice of proffered documentary evidence may result in a continuance to another court date and/or its exclusion.
Page 123 | Department #5A telephone conference hearings
An Opposition to Remote Proceedings may be filed no later than 3 court days before the hearing.
In response to notice of remote appearance, any party may file and serve an Opposition to Remote Proceedings Form RA-015 no later than 3 court days before the hearing in question.
Page 127
A Notice of Remote Appearance must be filed no later than 5 court days before the applicable hearing.
A party may request to appear remotely by filing and serving a Notice of Remote Appearance Form RA-010 with the Court no later than 5 court days before the Small Claims Actions, Unlawful Detainer Cases, Civil Harassment Restraining Orders, or Other Evidentiary Hearings.
Page 127
A notice electing the original trial court file must be filed within the California Rules of Court, Rule 8.831 record-designation time limits.
An appellant in an appeal in a civil limited case, electing to use the original trial court file as set out in subsection A, must file and serve the notice of election within the same time limits for designation of record set out in California Rules of Court, Rule 8.831.
Page 128 | 10-102. RECORD ON APPEAL
Certain civil filings must be placed in the counter 7 basket rather than processed at the counter, and the basket is removed promptly at 5:00 p.m. daily, with filings involving hearings within the week prioritized.
ALL CIVIL Requests for Defaults, Dismissals, Writs (except Unlawful Detainer Writs for Possession), Abstracts and Renewals of Judgments are not processed at the counters as these documents may require additional research to ensure they are being filed properly. These documents are required to be dropped in the basket at counter 7. The basket is removed promptly at 5:00 p.m. daily. Filings with pending hearings within the week will take priority in processing.
Civil cases
Page 1 | STOCKTON COURT CIVIL DIVISION COUNTER FILING GUIDELINES
Kiosk tickets are unavailable after 5:00 p.m.; if obtained by 5:00 p.m., the clerk may complete up to three new cases and five miscellaneous documents, after which additional work must be resumed during regular business hours.
Customers may not obtain a kiosk ticket after 5:00 p.m. If you obtain a kiosk ticket by 5:00 p.m. the counter clerk will wait on you and finish your work which may consist of up to three (3) new cases and five (5) miscellaneous documents. Once the clerk has completed those items, and it is after 5:00 p.m. you will need to return another time during regular business hours.
Civil cases
Page 1 | STOCKTON COURT CIVIL DIVISION COUNTER FILING GUIDELINES
Service and Proof of Service Rules
If other such motions are made in writing, the moving party must serve the opposing party by the first appearance in the trial department.
If other such motions are made in writing, the moving party must serve the opposing party no later than the first appearance in the trial department.
Page 30 | 2-103(B)
All requested jury instructions must be presented to the trial court and served on opposing counsel at a time deemed appropriate by the court.
All requested instructions, including special instructions or modified CALCRIM instructions, shall be presented to the trial court and served on opposing counsel at a time deemed appropriate by the trial court.
Page 31 | 2-106. JURY INSTRUCTIONS
Except after a failure to appear and issuance of a bench warrant, a motion to relieve counsel must be written, served on the defendant before the hearing, and comply with specified procedural rules.
Except when a defendant fails to appear and a bench warrant is issued, all motions to be relieved shall be in writing and served by counsel on defendant prior to the hearing and comply with Code of Civil Procedure sections 284 and 285 and California Rule of Court 376.
Page 31 | 2-108. MOTION TO BE RELIEVED AS COUNSEL - RETAINED COUNSEL
Defense counsel must also serve a copy of the motion to be relieved on the People.
Counsel for defendant shall also serve a copy of the motion on the People.
Page 31 | 2-108. MOTION TO BE RELIEVED AS COUNSEL - RETAINED COUNSEL
The pretrial statement must be served on opposing counsel in every felony case.
In felony cases, the People and the Defendant shall file with the court, and serve on opposing counsel, a pretrial statement two (2) days prior to the scheduled pretrial conference.
Page 31 | B. Felony Cases – Pretrial Statement
The release applicant must declare that notice was given to both the District Attorney’s Office and the custodial institution.
The applicant must show by declaration that notice was given to the District Attorney’s Office and the custodial institution.
Page 32 | 2-112. CRIMINAL APPLICATIONS FOR TEMPORARY ORDERS FOR RELEASE OF INMATE
In every civil case, the plaintiff must serve the specified non-availability notice with the complaint.
In all cases, the plaintiff shall serve “Notice of “Non-Availability of Official Court Reporting Services in Civil Departments” (“Notice”) with the complaint.
Page 40 | J. Non-Availability of Official Court Reporting Services in Civil Departments
A party filing a motion must serve the non-availability notice on every party in the civil case.
In addition, parties that file motions must serve the Notice on all parties in the case.
Page 40 | J. Non-Availability of Official Court Reporting Services in Civil Departments
Service of the non-availability notice must be identified on the Proof of Service of Summons.
The service information must be included on the Proof of Service of Summons.
Page 40 | J. Non-Availability of Official Court Reporting Services in Civil Departments
Mail-service information for the non-availability notice must be included on the Proof of Services by Mail.
The service information must be included on the Proof of Services by Mail.
Page 40 | J. Non-Availability of Official Court Reporting Services in Civil Departments
A cross-complainant must serve the non-availability notice on each new party added to the action.
Likewise, the cross-complainant must serve the Notice on any new parties to the action.
Page 40 | J. Non-Availability of Official Court Reporting Services in Civil Departments
A party may request to appear remotely by filing and serving Form RA-010 with the Court no later than 10 court days before the Evidentiary Hearing, Settlement Conference, Bench or Court Trial, Jury Trial, or Order to Show Cause.
a. A party may request to appear remotely by filing and serving a Notice of Remote Appearance Form RA-010 with the Court no later than10 court days before the Evidentiary Hearing, Settlement Conference, Bench or Court Trial, Jury Trial, or Order to Show Cause.
Page 42 | 3-103 REMOTE APPEARANCES
Each party must serve a Settlement Conference Statement on all other parties at least 10 calendar days before the hearing.
Each party must file with the court and serve all other parties with a Settlement Conference Statement at least ten (10) calendar days prior to the hearing.
Page 42 | 3-104 SETTLEMENT CONFERENCE PROCEDURES, Section 1: Settlement Conference Statements
Proof of service must be filed with the Superior Court Clerk before the scheduled ex parte hearing.
Proof of Service must be on file with the Superior Court Clerk’s Office prior to the scheduled hearing.
Page 46 | 3-106. EX PARTE APPLICATIONS AND ORDERS
A plaintiff or cross-complainant must serve the ADR information packet on every defendant or cross-defendant when the complaint or cross-complaint is served.
Plaintiffs and cross-complainants shall serve a copy of San Joaquin Superior Court ADR Information packet on each defendant or cross-defendant at the time the complaint or cross-complaint is served as required by California Rule of Court 3.221.
Page 53 | B. ADR Information
If a case that has been set for judicial arbitration or court mediation settles, plaintiff must immediately serve a copy of written Notice of Settlement or other disposition on the ADR neutral provider appointed in the case and file the Notice of Settlement with the court.
If a case that has been set for judicial arbitration or court mediation settles, plaintiff must immediately serve a copy of written Notice of Settlement or other disposition on the ADR neutral provider appointed in the case and file the Notice of Settlement with the court.
Page 54 | F. Notice of Settlement
Other proofs of service must be filed simultaneously with the related papers, and failure to do so causes the document to be rejected.
Any other proofs of service shall be filed with the Clerk contemporaneously with the papers to which they pertain, failure to contemporaneously file a proof of service with a document shall result in the document being rejected for filing.
Page 63 | C. Pleadings / Calendaring
When the specified accounting petition is involved, copies of both the petition and notice of hearing must be served on all interested parties.
In the following cases a copy of the petition, as well as a copy of the notice of hearing, must be served on all interested parties:
Page 66 | 4-109. WHEN COPY OF PETITION MUST BE INCLUDED WITH NOTICE OF HEARING
For probate hearings, motions, applications, or requests, the SJPR-001 remote-appearance instructions must be served with or separately from the Notice of Hearing, and proof of service must be completed.
However, when noticing any hearing, motion, application, or request in the probate department, a copy of the local form Instructions and Requirements for Remote Appearance (SJPR-001) must be served with the Notice of Hearing or served separately, and a proof of service completed.
Page 71 | 4-117. REMOTE APPEARANCES
Notice must be mailed to all contingent devisees and beneficiaries named in the will, in addition to the notice required by Probate Code §§ 8110-8113.
notice shall also be mailed to all contingent devisees and beneficiaries named in the Will.
Page 75 | 4-201. NOTICE TO NAMED CONTINGENT LEGATEES AND BENEFICIARIES
The petitioner must serve all heirs or potential beneficiaries a copy of the rejected will or codicil attached to local form SJPR-202 at least 15 days before the hearing.
The petitioner shall serve a copy of the rejected Will and/or codicil attached to local form Notice of Refusal to Petition for Probate of Will or Codicil (SJPR-202) on all heirs of the decedent or potential beneficiaries under the document at least 15 days prior to the hearing on the petition.
Page 76 | 4-203. NOTICE OF REFUSAL TO PROBATE REJECTED WILL OR CODICIL
The attorney must serve notice of the partial-compensation request and the supporting declaration, but the source does not specify the service method or timing.
B. The attorney shall submit a declaration attesting to the truth of the allegations and serve notice of the request and the declaration.
Page 78 | 4-208. REQUEST FOR PARTIAL ALLOWANCE ON STATUTORY COMPENSATION BEFORE A PETITION FOR FINAL DISTRIBUTION
A petition seeking statutory attorney fees must be set for hearing, with 15 days’ notice to all interested persons.
The petition allowing statutory attorney fees must be set for hearing and fifteen (15) days notice thereof must be given to all interested persons.
Page 80 | 4-214. FEES TO ATTORNEY AND PERSONAL REPRESENTATIVE WHO ARE ASSOCIATED
If the Court determines that a temporary-guardianship hearing is necessary, the petitioner or attorney must serve the notice on persons required to receive it and file proof of service with the Court.
D. If the Court determines that a hearing on the petition for a temporary guardianship is necessary, the Court will send notice to the petitioner and/or petitioner’s attorney. The attorney or petitioner must then serve a copy of the notice on those required to receive notice and file a proof of service with the Court.
Page 91 | 4-703 APPOINTMENT OF TEMPORARY GUARDIAN OF THE PERSON
When an ex parte temporary guardianship is granted and the permanent-guardianship hearing is more than 30 days away, the petitioner or attorney must serve the reconsideration-hearing notice and file proof of service.
E. If the request for a temporary guardianship is granted ex parte, and a hearing on the permanent guardianship is more than 30 days away, a hearing to reconsider the temporary guardianship will be set by the Court and notice provided to the petitioner and/or the petitioner’s attorney. The attorney or petitioner must then serve a copy of the notice on those required to receive notice and file a proof of service with the Court.
Page 91 | 4-703 APPOINTMENT OF TEMPORARY GUARDIAN OF THE PERSON
Absent a good-cause court order, the Public Guardian must personally serve the temporary LPS application package on the Public Defender’s Office at least five days before appointment, with proof of service filed before judicial review.
Unless the Court for good cause otherwise orders, not less than five (5) days before the appointment of a temporary LPS conservator, the Public Guardian shall personally serve notice of the proposed ex parte application and any other supporting documents seeking the appointment of a temporary LPS conservator on the Public Defender’s Office. Proof of service must be on file with the Superior Court Clerk’s office before any request is reviewed by the Court.
Page 95 | 4-903. LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIPS
The physician or treating facility must notify the patient’s attorney and the court at the writ hearing that the required notice provisions were followed.
The physician or treating facility shall notify the patient’s attorney and the Court at the writ hearing that compliance with this provision has been met
Page 96 | 4-904. WRITS OF HABEAS CORPUS AND RIESE PETITIONS
The treating facility must notify the patient’s family or other patient-designated person of the writ hearing’s time and place unless the patient requests that the information not be provided under Welfare and Institutions Code section 5276.
The treating mental health facility shall notify family members or any other person designated by the patient, of the time and place of the hearing on the writ, unless the patient requests that this information not be provided as set forth in Welfare & Institutions Code Section 5276.
Page 96 | 4-904. WRITS OF HABEAS CORPUS AND RIESE PETITIONS
The treating facility must advise the patient of the right to request that hearing information not be provided to family or another designated person.
The patient shall be advised by the facility that is treating the patient that he or she has the right to request that this information not be provided.
Page 96 | 4-904. WRITS OF HABEAS CORPUS AND RIESE PETITIONS
When the consumer in the dependency action is the minor, notice under Section 1985.3 must also be given to the Department of Child Protective Services.
Notice under § 1985.3, where the consumer is the minor subject of the dependency action, shall be given to Department of Child Protective Services of the Human Service Agency of San Joaquin County in addition to the person or persons specified in §1985(b)(1).
Page 97 | RULE 5 JUVENILE
An ex parte order application requires a written declaration or sworn statement showing reasonable notice efforts or another specified basis for not giving notice, subject to the rule's exception.
Except as provided in this rule, no application for an order shall be made ex-parte unless the applicant shows by written declaration, or statement under oath, that a reasonable effort has been made to give notice to all other parties, who have appeared in the matter, or that notice would be inappropriate or impractical or would result in irreparable injury, or that the order would not result in a significant direct burden or inconvenience to any other party.
Page 97 | RULE 5 JUVENILE
Responding parties must produce their hearsay declarant at the hearing after written notice personally served five judicial days before the hearing or within two judicial days after receipt of the declarations, whichever is later.
The responding parties shall produce their hearsay declarant at the hearing upon written notice by any party, personally served five judicial days prior to the hearing or within two judicial days of receipt of declarations whichever is later.
Page 98 | RULE 5 JUVENILE
Notice of a petition to modify under Welfare and Institutions Code section 388 must be provided to all counsel of record and any parent appearing pro per.
Notice of the application for modification, pursuant to rule 8-200, shall be made to all counsel of record and to any parent appearing in pro per.
Page 98 | RULE 5 JUVENILE
When another party gives the requesting party written notice personally served at least 10 days before the hearing or within two judicial days after receipt of the declarations, whichever is later, the requesting party must produce the hearsay declarant at the hearing.
The requesting party shall produce the hearsay declarant at the hearing upon written notice by any other party, personally served 10 days prior to hearing or within two judicial days of receipt of the declarations, whichever is later.
Page 98 | RULE 5 JUVENILE
Responsive declarations or reports served by mail must be served at least ten judicial days before the hearing.
or ten judicial days, if by mail.
Page 99
Responsive declarations or a report must be served five judicial days before the hearing if personally served.
Responsive declarations, or report, shall be served five judicial days before the hearing, if personally served,
Page 99
A family-law emergency request must comply with the notice requirements of California Rules of Court Rule 5.165.
The requesting party must also comply with the notice requirements set forth in California Rules of Court, Rule 5.165
Page 107 | RULE 7 FAMILY LAW, 7-100 EMERGENCY ORDERS
Objections to videography testimony must be filed and served 10 days before the hearing, and replies must be filed and served 5 days before the hearing.
Any objection to videography testimony must be filed and served 10 days prior to the date set for hearing. Any reply thereto shall be filed and served 5 days before the date set for hearing.
Page 113 | 7-106
A reply to an objection to videography testimony must be filed and served 5 days before the hearing.
Any reply thereto shall be filed and served 5 days before the date set for hearing.
Page 113 | 7-106
Objections and replies concerning videography testimony must be served by fax or email.
Service of objections and reply shall be by fax or email.
Page 113 | 7-106
Before filing an at-issue memorandum, the requesting party must submit a good-faith settlement proposal and serve a current Income and Expense Declaration and completed Declaration of Disclosure with attachments.
Prior to the filing of an at-issue memorandum, the party requesting the trial date must have submitted a good faith settlement proposal of all issues to the opposing side and must have served a current Income and Expense Declaration and a completed Declaration of Disclosure including attachments.
Page 113 | 7-108 AT-ISSUE MEMORANDUMS
In a dissolution or legal separation, the clerk may not enter default unless a Declaration of Disclosure was served at least 30 days before default or a Marital Settlement Agreement was filed.
The Clerk of the Court shall not enter a default in a dissolution or legal separation unless a Declaration of Disclosure has been served at least 30 days prior to the entry of the default or unless the parties have filed a Marital Settlement Agreement.
Page 113 | 7-107 DEFAULTS
Any objections to the application must be filed and served no later than five (5) days after service of the Application.
Any objections to the application must be filed and served no later than five (5) days after service of the Application.
Page 118 | 7-115. VIDEO CONFERENCE APPEARANCE
For matters heard in department #5A, documentary evidence must be emailed to the opposing party or their attorney, and to DCSS in DCSS matters, at least five days before the hearing, excluding Saturdays, Sundays, and holidays.
For matters heard in department #5A, any documentary evidence that the parties wish the bench officer to consider must be emailed directly to the other party or that party’s attorney, if represented, and, if the matter is a DCSS matter, then to DCSS at least five days prior to the hearing, excluding any Saturday, Sunday, or holiday as provided for under Code of Civil Procedure section 135.
Page 119 | 7-115
A request for remote appearance by telephone must be served at least 10 court days before the scheduled hearing.
A party may request to appear remotely by telephone by filing and serving an Ex Parte Application for Remote Appearance at Hearing and Order (Form SJ-FL-005) with the Court no later than10 court days before the Evidentiary Hearing, Mediation, Settlement Conference, Trial, or Order to Show Cause.
Page 121
Filing Fees and Waivers
Proper filing fees may be paid by check, money order, or credit card using the Drop Box Authorization Form.
Please include the proper fees, payable by check or money order to: Superior Court. You may also pay by credit card, using the Drop Box Authorization Form provided below. This form is also available on the court’s website.
Civil cases · Court notice
Page 1 | Civil, Appeals & Dependency Clerk’s Office Drop Box
Payment must be secured to the filed documents before drop-box submission, and cash may not be placed in the drop box.
Please make sure your payment is secured to your documents before placing them in the drop box. Do not place cash in the drop box.
Civil cases · Court notice
Page 1 | Civil, Appeals & Dependency Clerk’s Office Drop Box
Any filing fee applicable to an ex parte application must be paid no later than 24 hours before the requested hearing.
The party shall file the moving papers and any applicable filing fee due no later than 24 hours prior to the requested hearing date and time.
Page 46 | 3-106. EX PARTE APPLICATIONS AND ORDERS
Trustee and attorney fees may not be paid until the court fixes them by order, unless the fees qualify as Advance Payments under the rules.
If the court has jurisdiction of the trust, no trustee or attorney fees shall be paid until there has been an order of court fixing the same or unless the fees qualify as “Advance Payments” as outlined in these Rules.
Page 85 | PART FOUR – TRUSTS, RULE 4-401 A
Every request for a free clerk’s or reporter’s transcript on appeal must include a current financial declaration.
All requests for a free clerk or reporter’s transcript on appeal shall be accompanied by a current financial declaration.
Page 128 | 10-103. REQUESTS FOR FREE CLERK OR REPORTER’S TRANSCRIPT
A free reporter’s transcript will be granted only when the requester shows a colorable need for it.
A request for a free reporter’s transcript will be granted only on a showing of a colorable need for the transcript.
Page 128 | 10-103. REQUESTS FOR FREE CLERK OR REPORTER’S TRANSCRIPT
When a fee-waiver request is denied, the filer is notified and may submit payment.
If a request for fee waiver is not granted, the filer will be notified and given the opportunity to submit payment.
Page 107 | 8. Fees and Fee Waivers
The requesting party must pay the court's videoconference appearance fee.
Fees will be paid by the requesting party to the Court.
Page 118 | 7-115. VIDEO CONFERENCE APPEARANCE
No filing fee is required for filing a civil mediation stipulation.
There is no filing fee for the filing of the Stipulation.
Page 56 | C. Stipulation to Mediation
The court does not impose an administrative fee for electronic filing.
The Court will not add an administrative fee for eFiling.
Page 107 | 8. Fees and Fee Waivers
Electronic service providers may impose a reasonable service fee in addition to required court filing fees.
Electronic Service Providers may charge a reasonable fee in addition to any filing fees required by the Court.
Page 107 | 8. Fees and Fee Waivers
No service fee is charged for a document that does not require a filing fee.
There is no service fee charged if the document does not require a filing fee.
Page 107 | 8. Fees and Fee Waivers
A party with an active or granted fee waiver is exempt from electronic-filing fees and costs.
A party who has an active fee waiver on file in a case or is granted a fee waiver from the Court is exempt from the fees and costs associated with electronic filing.
Page 107 | 8. Fees and Fee Waivers
Courtesy Copy Requirements
A party must deliver one courtesy copy of any written remote-appearance notice or opposition to the department handling the proceeding.
c. A party must deliver a courtesy copy of any written Notice or Opposition under (a) or (b) to the department in which the proceeding is to be held.
Page 42 | 3-103 REMOTE APPEARANCES
Courtesy copies are required for substantive motions and trial documents, may be required case by case by the assigned judge, must be stamped “Courtesy Copy,” and must be delivered directly to the designated Courtesy Copy Drop Box.
Courtesy copies are required for all substantive motions, all trial documents, and additionally on a case-by-case basis per the assigned judge’s request. Such courtesy copies shall be stamped with “Courtesy Copy” and shall be delivered directly to the Courtesy Copy Drop Box on the 10th floor or 11th floor. If the box is unavailable, please follow the instructions on the notice posted on the box.
Page 51 | Rule 3-117
A courtesy copy of any petition containing an accounting must be submitted to the Probate Clerk when the original is filed or, for an electronically filed petition, within 5 court days after filing, and must be marked in red in the upper left-hand corner “Examiner’s Copy.”
A courtesy copy of any petition containing an accounting shall be submitted to the Probate Clerk at the time the original is filed or within 5 court days of filing, if electronically filed, marked in red in the upper left-hand corner “Examiner’s Copy.”
Page 67 | Probate
A courtesy copy of any written remote-appearance notice or opposition must be delivered to Department 11A.
A party must deliver a courtesy copy of any written Notice or Opposition under (1) or (3) listed directly above to Department 11A.
Page 72 | 4-117. REMOTE APPEARANCES
A party must deliver one copy of any written remote-appearance notice or opposition to the department hearing the proceeding.
A party must deliver a copy of any written Notice or Opposition under (a) or (b) to the department in which the proceeding is to be held.
Page 127
Courtesy copies are required for all substantive motions and trial documents, may also be required case by case by the judge, and must be delivered to the first-floor drop box.
Courtesy copies: Local Rule 3-117 requires courtesy copies for all substantive motions and trial documents, and may be required on a case-by-case basis by the judge. Deliver courtesy copies to the drop box on the 1st floor.
Page 1 | Law and motion
Courtesy copies for Dedicated Civil Departments 10A, 10B, 10C, 10D, and 11B must be placed in the designated drop boxes on the 10th or 11th floor.
Courtesy Copies for Dedicated Civil Departments 10A, 10B, 10C, 10D & 11B are to be placed in the drop boxes installed on the 10th and 11th floor. (See Local Rule 3-117 for additional information regarding courtesy copies).
Civil cases
Page 1 | STOCKTON COURT CIVIL DIVISION COUNTER FILING GUIDELINES
A courtesy copy marked "Investigator’s Copy" must be submitted to the Clerk’s office when the original petition is filed or within 5 court days if the petition is electronically filed.
B. A courtesy copy is required for any petition that requires a report from a Count Investigator. The courtesy shall be submitted to the Clerk’s office, marked in red in the upper left-hand corner "Investigator’s Copy," at the time the original is filed, or within 5 court days of filing if electronically filed.
Page 87 | 4-501 APPOINTMENT OF COURT INVESTIGATOR
Sealing & Redaction Procedures
When notice is required for a trust beneficiary of a decedent's estate, the petitioner must separately file a true and correct copy of the trust and relevant amendments, disclaimers, and trustee directions as a confidential document.
the petitioner shall file separately from the petition as a confidential document a true and correct copy of the trust, including any amendments, disclaimers, and any directions or instructions to the trustee that affect the disposition of the trust.
Page 75 | 4-202. COPY OF TRUST REQUIRED FOR POUR-OVER WILLS
The confidential trust document must use the mandatory SJPR-100 coversheet and may not be released to any party without a prior court order.
The confidential document shall be filed using the court’s mandatory local form Confidential - Trust Documents Coversheet (SJPR-100) as the cover page. The confidential document shall not be released to any party absent a prior order of the Court.
Page 75 | 4-202. COPY OF TRUST REQUIRED FOR POUR-OVER WILLS
A copy of the decedent’s death certificate with the social security number redacted must accompany specified probate petitions or the lodging of an original will.
A copy of the decedent’s death certificate, with the decedent’s social security number redacted, shall be filed with a Petition for Probate (Probate Code §§ 7000 et seq.), Petition to Determine Succession to Real Property (Probate Code §§ 13150 et seq.), Spousal Property Petition (Probate Code §§13500 et seq.), or the lodging of an original Will pursuant to Probate Code §§ 8200(a)(1).
Page 79 | 4-212. FILING OF DEATH CERTIFICATE
A party submitting qualifying testamentary documents may request that they be sealed, and the Court must seal each such document upon request.
The petition shall be supported by copies of any known documents which may have testamentary effect or which purport to gift any property of the conservatee before death. Such documents may be submitted with a request and proposed order that they be kept under seal, not to be examined by anyone except the Court except upon order of the Court. The Court shall seal any such document for which a request is made by the party submitting the document.
Page 90 | A. Documents Which May Have Testamentary Effect
A party submitting the referenced documents may request that they be sealed, and the Court must seal each such document upon request.
The documents may be submitted with a request and proposed order that they be kept under seal, not to be examined by anyone except the court except upon order of the Court. The Court shall seal any such document for which a request is made by the party submitting the document.
Page 90 | C. The Effect upon the Conservatee
Documents ordered filed under seal may not be electronically filed and must be submitted directly to the clerk in paper form under CRC 2.551(d) if not previously lodged under seal.
Documents ordered filed under seal cannot be electronically filed and must be submitted directly to the Clerk of the Court in paper form, compliant with CRC 2.551(d), if not previously lodged under seal.
Page 106 | 6. Sealed Documents
Documents lodged conditionally under seal must be served and submitted to the clerk in paper form pending the motion-to-seal hearing.
However, documents lodged with the Court Conditionally Under Seal, as provided in CRC 2.551(d), shall be served and submitted to the Clerk of the Court in paper form, pending hearing on the motion to seal.
Page 106 | 6. Sealed Documents
The filer must redact applicable personal identifiers and privileged or confidential information, and the clerk will not review filings for redaction compliance.
The filer is responsible for redacting any personal identifiers, privileged or confidential information when applicable. The clerk will not review the documents for compliance.
Page 107 | 7. Confidential Documents
Filing Bundling Requirements
Documents intended for the court's consideration must accompany the party's moving or opposition papers and be submitted five court days before the hearing.
Any and all documents a party/attorney wants the court to consider shall be submitted with a party’s moving/opposition papers 5 court days prior to the hearing.
Page 122 | C. Procedure
Pre-Motion Conference Requirements
Ex parte matters must be approved and scheduled through the Law and Motion Judge’s clerk before the documents are filed.
Ex parte matters must be approved and scheduled by the Law and Motion Judge by his or her clerk prior to filing documents in the clerk’s office.
Page 46 | 3-106. EX PARTE APPLICATIONS AND ORDERS
Before any hearing of a contested or objected-to probate petition, the parties or their attorneys must make a reasonable, good-faith effort to resolve the controversy informally in person or by video if possible, or otherwise by telephone.
In the event of any contest or objection to any petition on the probate calendar, the parties or their respective attorneys shall make a reasonable and good-faith attempt to informally resolve the controversy at a face-to-face conference or video conference, if possible, otherwise by telephone conference, before any hearing of the contested petition.
Page 70 | Rule 4-116(A), Meet and Confer Requirement
Adjournment & Extension Requirements
If the doctor cannot file the report, the doctor must submit a written extension request by 5:00 p.m. no later than the last court day before the hearing, using either authorized filing method.
If the doctor is not able to file the report, the doctor shall submit for filing a written request for an extension. Such a request must be filed with the court by 5:00 p.m. no later than the last court day prior to the hearing and shall be submitted as described in subsections 1 or 2 above.
Page 33 | 2-114. SUBMISSION OF DOCTOR REPORTS TO DETERMINE MENTAL HEALTH COMPETENCY PER PC 1368
Every stipulation requesting a continuance of a proceeding must be signed by all attorneys involved in the case.
All stipulations for request to continue any proceeding shall be signed by all attorneys involved in the case.
Page 35 | 3-102.B.4 Procedure
A party seeking a hearing-date change must file a written application showing good cause and a proposed order at least five court days before the hearing.
Any party seeking a change of hearing date set under this section must file a written application containing a showing of good cause together with a proposed order five (5) court days in advance of the hearing.
Page 35 | 3-102.B.1 Procedure
In civil actions, an extension to serve the defendant with process is supported when the plaintiff's declaration shows that the defendant's insurer or authorized representative knows of the action and settlement negotiations are underway that could resolve the case.
Further, in all civil actions, "good cause" for an extension of time to serve the defendant with process is established where plaintiff's declaration affirmatively shows that defendant's insurance carrier or other authorized representative has been advised that an action has been filed and that settlement negotiations are in progress which could resolve the case without further litigation.
Page 37 | E. Extensions by the Court
When requesting an extension of time to serve process based on specified conditions, the plaintiff must suggest the earliest date by which the service impediment may reasonably be eliminated.
When applying to the court to extend time for service of process based on the conditions stated in C.C.P. section 583.240, plaintiff shall suggest to the court the earliest time within which the impediment to service may reasonably be eliminated so that the court is able to continue its supervision of the case on a date certain.
Page 37 | E. Extensions by the Court
A continuance may be requested by stipulation up to five court days before the hearing, but court approval is required when the request is made within five court days of the hearing.
Matters may be continued by filing a stipulation up to five court days before the hearing date. To prevent the judges from unnecessarily preparing matters to be continued, court approval will be required before a continuance will be allowed when the request for continuance is made within five court days of the scheduled hearing.
Page 51 | Rule 3-113
After the initial hearing, a request by the petitioner to continue a hearing must be made by declaration or at a hearing appearance; a continuance may not be obtained by requesting the clerk.
All requests by the petitioner to continue subsequent hearings after the initial hearing must be done by a declaration or an appearance at the hearing, a continuance of a subsequent hearing may not be secured by a request to the clerk.
Page 67 | 4-111. REQUESTING A CONTINUANCE
A stipulation continuing a contested hearing must be signed by every party who has appeared in the matter.
The stipulation must be signed by all parties who have appeared in the matter.
Page 69 | Rule 4-111(C), Contested Hearings by Stipulation and Order
The Stipulation and Order procedure applies only to hearings; trial and mandatory settlement-conference continuances must be requested by motion in compliance with California Rules of Court, Rule 3.1332.
This is for hearings only; any continuances of a trial or mandatory settlement conference must be done by a motion and comply with California Rules of Court, Rule 3.1332.
Page 69 | Rule 4-111(C), Contested Hearings by Stipulation and Order
After an initial hearing, the court may dismiss the matter unless the petitioner shows good cause for a further continuance through a filed declaration or an appearance at the hearing.
After the initial hearing, the Court may drop or dismiss the matter unless the petitioner shows good cause for a further continuance, by a filed declaration or an appearance at the hearing.
Page 69 | Rule 4-111, Contested Hearings
The court may extend any time standard upon a showing of good cause through a noticed motion or ex parte appointment with the assigned judge.
The court may extend any time standard set forth in these rules upon a showing of good cause on noticed motion or ex-parte appointment with the assigned judge.
Page 37 | E. Extensions by the Court
A scheduled arbitration hearing may be continued based on good cause, generally only with the parties' stipulation and the arbitrator's consent, for no more than 90 days from assignment; any further continuance requires a motion to the court showing good cause.
The continuance of arbitration hearings once scheduled is disfavored. Keeping within the provisions of CRC 3.818(c), the parties may stipulate with the consent of the arbitrator or the arbitrator may grant a continuance based on good cause and not to exceed ninety (90) days from the date of assignment to the arbitrator. A further continuance, however, cannot be granted except by motion to the court, with good cause shown.
Page 55 | B. Continuance of Matters Ordered to Arbitration (Local Rule 3-122, revised)
The first hearing may be continued to allow the petitioner to correct defective pleadings or procedural issues identified in the probate notes, and the continuance may be made by the petitioner or by the Court on its own motion.
The first hearing on a matter may be continued to enable the petitioner to correct defective pleadings or procedural issues identified in the probate notes. The continuance can be made by the petitioner as listed below, or by the Court on its own motion, even if no request for a continuance is made.
Page 67 | 4-111. REQUESTING A CONTINUANCE
Chambers Communication Rules
Counsel or a self-represented party must call the courtroom clerk for a new date before submitting a Stipulation and Order.
Before the Stipulation and Order is submitted to the court, counsel or a self-represented party must call the courtroom clerk to obtain a new date.
Page 69 | Rule 4-111(C), Contested Hearings by Stipulation and Order
A document required by the Commissioner or Judicial Officer for submission on the hearing day must be emailed to familycourtclerks@sjcourts.org.
If there is a document the Commissioner/Judicial Officer requires you to submit the day of the hearing, you must send the document to the court at familycourtclerks@sjcourts.org.
Page 123 | Department #5A telephone conference hearings
A same-day submission email must identify the case name, number, and hearing date in its subject line and copy the other party or their attorney, or the document will not be considered.
The case name, number, and hearing date must be stated in the subject line of the email and the other party or their attorney must be copied (cc’d) in the email or the Commissioner/Judicial Officer will not consider the document as it is an ex parte communication.
Page 123 | Department #5A telephone conference hearings
To contest or argue a tentative ruling, email the civil court clerks no later than 4:00 PM on the day before the hearing.
To contest or argue a tentative ruling, email civilcourtclerks@sjcourts.org no later than 4:00 PM the day before the hearing.
Page 1 | Tentative rulings
Before applying or noticing a matter for hearing or trial, the moving party should ascertain the latest calendar requirements from the Clerk of the Superior Court.
Before applying or noticing any matter for hearing or for trial, the moving party should ascertain the latest calendar requirements from the Clerk of the Superior Court.
Page 10 | RULE 1 GENERAL
Contact the Clerk’s Office during regular business hours for assistance when checking the status of an item submitted substantially earlier than the displayed processing date.
If you are checking the status of an item and the date of your submission is significantly earlier than the date displayed, contact the Clerk’s Office during regular business hours for assistance.
Page 1 | Civil items pending