Tulare Superior Court Filing Timing and Cure Windows

CRITICAL

If felony or misdemeanor documents are filed after 2:00 p.m., the matter may be heard the following day at 1:30 p.m.

Where documents are filed after 2:00 p.m., Felony and Misdemeanor matters may be heard the following day at 1:30 p.m.

CRITICAL

An electronic document received on a noncourt day is deemed filed on the next court day.

Any document that is received electronically on a noncourt day shall be deemed filed on the next court day.

CRITICAL

Papers placed in a court drop box before 5:00 p.m. are file stamped on the date deposited, except at the Juvenile court.

Drop boxes are installed in each court location except the Juvenile court to facilitate deposit of papers and fines after 4:00 p.m. and before 5:00 p.m. The documents placed in the drop box before 5:00 p.m. will be file stamped on the date deposited in the drop box.

CRITICAL

All papers for an ex parte civil hearing must be filed by 10:00 a.m. on the day before the hearing.

All papers must be filed with the court by 10:00 a.m. on the day before the hearing date, in addition to compliance with California Rules of Court, rule 3.1200-3.1207.

CRITICAL

A statement of decision, order, judgment, or decree must be submitted to the judge at the hearing or to the judge’s clerk after the hearing.

Statements of decision, orders, judgments, or decrees must bear a standard caption and must be submitted to the judge at the time of the hearing or to the judge’s clerk after the hearing.

CRITICAL

A felony matter subject to Penal Code section 667.5 may be heard on the same-day 3:00 p.m. calendar only if its documents are filed by 2:00 p.m. when they were not filed by 10:00 a.m.

Where documents have not been filed by 10:00 a.m., Felony matters subject to Penal Code 667.5 may be heard on the same day calendar at 3:00 p.m. only if documents are filed by 2:00 p.m.

CRITICAL

An accusatory pleading electronically filed after 5:00 p.m. on a business day is deemed filed on the next court day.

Where the electronic confirmation from the court shows that a document was electronically filed after 5:00 P.M. of any business day, such document will be deemed to have been filed on the next court day.

CRITICAL

Proposed orders may not be filed before the matter’s hearing, although they may be lodged in the file; any department requiring a proposed order before the hearing must receive it through the departmental clerk rather than the clerk’s office.

No proposed orders will be accepted for filing prior to the hearing of the matter. Proposed orders may be lodged in the file. If a department requires proposed orders prior to hearings, the orders must be presented to the departmental clerk and not to the clerk’s office.

CRITICAL

Documents for misdemeanor or felony matters scheduled on the same-day 1:00 p.m. calendar must be filed before 10:00 a.m.

For Misdemeanor and/or Felony matters to be heard on the same day calendar at 1:00 p.m., documents must be filed before 10:00 a.m.

CRITICAL

The hearing must be scheduled when the writ or Riese appeal is filed.

A hearing on a writ or Riese medication capacity writ/appearance must be scheduled at the time the writ or Riese appeal is filed.

CRITICAL

Documents for a hearing scheduled the following day must be submitted by 3:00 p.m. the day before the hearing.

(a) To provide adequate time for processing, all documents submitted in connection with a hearing scheduled for the following day must be submitted to the court no later than 3:00 p.m. the day before the hearing is scheduled.

CRITICAL

An electronic document received during a court day is deemed filed that same court day.

Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day.

WARNING

Tentative rulings must be available no later than 3:00 p.m. on the court day before the scheduled hearing.

Tentative rulings will be made available no later than 3:00 p.m. the court day before the scheduled hearing

WARNING

The court ordinarily will not establish the briefing schedule or set a hearing before confirming that the final administrative record has been lodged.

Ordinarily, the court will not establish a briefing schedule or set a hearing date prior to confirming that the final version of the administrative record has been lodged with the court.

WARNING

The clerk immediately accepts and file-stamps these petitions when presented.

Petitions will be accepted for filing and file stamped immediately upon presentation to the clerk.

CRITICAL

Probate Code and court-ordered filing deadlines will be strictly enforced, and noncompliance may result in surcharges or other sanctions without a showing of good cause.

All Probate Code and court ordered due dates for filing will be strictly observed (e.g., inventory and appraisements, accountings, status reports, receipts on blocked accounts, and receipts from personal representatives on deceased conservatees). Failure to comply with statutory or court requirements may result in imposition of surcharges, or other sanctions, without a showing of good cause.

CRITICAL

Deadline

5 court days

Failure to file and serve the motions at least five court days before trial may waive the moving party's right to make them.

Failure to file and serve these motions at least five court days before trial may be deemed a waiver of the moving party’s right to make such motions.

CRITICALCivil cases

Deadline

15 calendar days

The CMC statement filing deadline is 15 calendar days before the CMC hearing.

Each party must file and serve a CMC statement on Judicial Council form CM-110 no later than 15 calendar days before the CMC hearing under California Rules of Court, rule 3.725 and Local Rule 600(a)(6).

CRITICAL

Absent a different deadline ordered by the judge, the required lists must be filed no later than the pretrial readiness conference and before the jury panel is summoned.

A list of proposed jury instructions and proposed verdict forms must be filed with the clerk as ordered by the judge and/or if not so ordered, no later than the pretrial readiness conference (before the jury panel is summoned).

CRITICAL

Deadline

5 calendar days

A media representative must submit a request to the presiding juvenile judge at least five days before the requested access date.

The media representative must initiate contact with the presiding judge of the juvenile court by submitting a request, at least five days prior to the requested access date, containing the following:

CRITICAL

All judge-signed written orders must be filed immediately, and an endorsed copy must be served on the parties entitled to notice.

All written orders signed by a judge, including orders to show cause, temporary restraining orders, and injunctions, must be filed forthwith; and an endorsed copy must be served upon the parties to be notified thereof.

CRITICALCivil cases

Deadline

15 calendar days

Each party must file its CMC statement no later than 15 calendar days before the CMC hearing.

Under California Rules of Court, rule 3.725, no later than 15 calendar days before the date set for the CMC, each party must file a CMC statement and serve it on all other parties in the case.

CRITICAL

The court will set a review hearing within 20 days after establishment of the conservatorship to review amendments to the proposed treatment and service plan.

At the time of the establishment of the conservatorship, the court will set a review hearing within 20 days thereafter to review the amendments to the proposed treatment and service plan.

CRITICAL

Arraignments on original or amended informations, indictments, or misdemeanor complaints may not be placed on calendar with less than two days' prior notice to the court administrator or calendar clerk.

No arraignments on original or amended information or indictments, and/or misdemeanor complaints will be placed on calendar with less than two days prior notice to the court administrator or calendar clerk.

CRITICAL

Deadline

15 calendar days

Each party must file a CMC statement no later than 15 calendar days before the CMC.

Under California Rules of Court, rule 3.725, no later than 15 calendar days before the date set for the CMC, each party must file a CMC statement and serve it on all other parties in the case.

CRITICAL

A party that does not open a Department case within 60 days of referral or provide the required Income and Expense Declaration within 30 days after case opening causes the Department to be released from preparing the investigation and report.

If either party fails to open a case with the Department within 60 days of the referral or provide the required Income and Expense Declaration within 30 days of the case opening, the Department will automatically be released from having to prepare the investigation and report.

CRITICAL

A dismissal, judgment, or statement of conditional settlement must be filed within 10 days of the underlying action.

A dismissal, judgment, or a statement of conditional settlement must be filed within 10 days of such action (Cal. Rules of Court, rule 3.1385).

CRITICAL

A CEQA petitioner must request a hearing within 90 days after filing the petition.

Petitioner must request a hearing within 90 days of filing the petition in accordance with Public Resources Code section 21167.4.

CRITICAL

All initial and subsequent inventories and sale appraisals must come from the appointed referee and be filed at least two weeks before any related sale or distribution hearing.

(b) Submission of Inventory - All inventories and appraisals for sales (whether initial or subsequent) must be received from the appointed referee and filed with the clerk of the court at least two weeks prior to any court appearance involving a sale or distribution of any assets contained in such inventory and appraisal.

CRITICAL

Deadline

2 court days

The hearing must be held within two court days after filing.

The hearing will be held within two court days of filing as noted in Tulare County Superior Court Local Rules, rule 1034.

CRITICAL

A conservatorship proceeding requiring a regional center report must be scheduled at least 30 days after notice is mailed to the regional center so the report can be filed before the hearing.

Any conservatorship proceeding requiring a regional center report must be set at least 30 days after mailing notice of the proceeding to the regional center, to allow the regional center report to be filed prior to the hearing.

CRITICAL

Required moving pleadings in probate matters must be filed with the superior court clerk at least 15 days before the hearing.

All required moving pleadings in probate matters must be filed with the superior court clerk at least 15 days prior to the hearing date.

CRITICAL

A copy of the required individualized treatment plan must be filed with the court within 10 days after the conservatorship is established.

A copy of the individualized treatment plan required by Welfare and Institutions Code section 5352.6 must be filed with the court within 10 days of the establishment of the conservatorship.

CRITICAL

A written treatment-plan review report must be filed at least two weeks before the review hearing.

This must be set forth in a written report to be filed with the court at least two weeks prior to the hearing with copies to be furnished to counsel for the conservator, the conservatee, and the county patient’s rights advocate.

CRITICAL

Deadline

5 court days

When a jurisdictional hearing is set more than 15 court days away, the social worker must file the report at least five court days before the hearing.

jurisdictional hearing is set beyond fifteen (15) court days, the social worker must file a report at least five (5) court days prior to the hearing.

CRITICAL

Deadline

10 court days

Applies to

Court report

CASA court reports are due at least 10 court days before the scheduled hearing unless the court orders otherwise.

All court reports submitted by CASA shall be submitted and served on all parties through their counsel, Child Welfare Services, and Probation in a timely fashion, at least 10 court days prior to the scheduled hearing unless otherwise ordered by the court.

CRITICAL

Supporting papers in probate matters must be filed at least 10 days before the scheduled hearing.

Supporting papers must be filed at least 10 days in advance of the scheduled hearing date.

CRITICAL

Absent good cause, CEQA briefing must be completed within 90 days after the later of lodgment of the final administrative record or filing of the hearing request.

In the absence of good cause, the court will require completion of briefing within a period of 90 days from the later of (i) the date the final version of the administrative record has been lodged with the court and (ii) the date the request for hearing is filed; and the hearing shall be set, to the extent feasible, on a date not more than 30 days after the completion of briefing as ordered by the court.

CRITICAL

A parent or guardian must file the Certificate Accounting for Funds Withdrawn From Minor’s Account within 15 days after an order authorizing withdrawal.

Within 15 days from the date of an order to withdraw funds, the parent/guardian must file with the court a “Certificate Accounting for Funds Withdrawn From Minor’s Account.”

CRITICAL

Deadline

2 court days

Habeas corpus and Riese medication capacity writ or appeal hearings must occur within two court days after filing.

Hearings on writs of habeas corpus and Riese medication capacity writs/appeals will be conducted at the Tulare County Superior Court, Visalia Division, within two court days of the filing of the writ or appeal

CRITICAL

A party objecting to the Department’s report must file a Request for Order within 20 days after the report is mailed.

The parties will have 20 days after the mailing of the Department’s report to file a Request for Order objecting to the report.

CRITICAL

Absent good cause, counsel must file the Judicial Council acknowledgment-of-receipt form within two weeks after entry of the order approving a minor’s compromise.

Without good cause shown, it will be counsel’s responsibility to file an acknowledgment of receipt on the Judicial Council form within two weeks after the “Order Approving Minor’s Compromise” has been entered.

CRITICAL

When the document examiner has submitted comments on an accounting, the review must be provided to the public guardian no later than five days before the hearing.

If the document examiner has reviewed the accounting and submitted comments to the court, that review shall be provided to the public guardian no later than five days prior to the scheduled or continued hearing date.

CRITICAL

The civil calendar clerk must receive written notice immediately when a case settles.

The civil calendar clerk must be notified in writing immediately upon settlement of a case.

WARNING

The continuance paperwork must be filed as soon as the need for a continuance becomes known.

The paperwork must be filed as soon as the need for a continuance is known.

WARNING

The deadlines applicable to court action on directly filed restraining-order petitions also apply to electronically submitted petitions.

The deadlines applicable to any action taken by the court with respect to a petition filed directly with the court shall apply to any action taken with respect to a petition submitted electronically.

WARNING

Failure to file supporting papers or other documents necessary for a ruling automatically results in a two-week continuance without requiring good cause.

For failure to file supporting papers or other documents necessary to allow the court to rule on the particular matter, the court will automatically continue the matter for two weeks, without a showing of good cause for such failure.

WARNING

If a referee is not appointed on the order for probate, an original and one copy of an application for appointment of a referee must be filed with the clerk. Such application should not be made earlier than the time at which the order of appointment of executor, administrator, guardian, or conservator is submitted.

If a referee is not appointed on the order for probate, an original and one copy of an application for appointment of a referee must be filed with the clerk. Such application should not be made earlier than the time at which the order of appointment of executor, administrator, guardian, or conservator is submitted.

WARNING

Except for confirmations of sale and contested matters, proposed orders should be lodged at least five days before the hearing unless the court authorizes a different timing.

Except in the case of confirmation of sales and contested matters, proposed orders should be lodged in the court case file at least five days in advance of the scheduled hearing date unless authorized by the court.

INFO

Proofs of publication may be filed within two days of the scheduled hearing date.

Proofs of publication may be filed within two days of the scheduled hearing date.