Yuba Superior Court Filing Timing and Cure Windows

CRITICALProposed or draft document; may not be in force

An Order to Shorten Time will be filed only if the motion was previously filed or is filed at the same time.

Orders to Shorten Time will be filed only when the motion has been previously filed or is simultaneously filed.

CRITICALProposed or draft document; may not be in force

An electronically transmitted document is not deemed filed unless the Clerk accepts it for filing.

No document transmitted electronically is deemed filed unless it is accepted for filing by the Clerk.

CRITICALProposed or draft document; may not be in force

The clerk must reject a default request if the submitted form and documentation do not show full statutory compliance with notice and service, and the matter will be set for hearing.

Requests for defaults in which it does not appear from the Request for Entry of Default form and documentation submitted therewith that there has been full compliance with all applicable statutory procedures for notice and service thereof shall be rejected by the clerk and the matter set for hearing.

CRITICALProposed or draft document; may not be in force

During trial, documents may be submitted to the courtroom clerk and served by hand, but they must also be electronically filed by close of business no later than the following court day.

During trial, a party may submit to the courtroom clerk and serve by hand any documents, as long as the documents are also filed electronically before the close of business no later than the following court day.

CRITICALProposed or draft document; may not be in force

An electronic submission received at any time on a court day is deemed filed that day, while a submission on a non-court day is deemed filed the next court day.

An electronically filed document shall be deemed filed on the date the document was submitted to the court if the submission was received by the court between 12:00 a.m. and 11:59:59 p.m. on a court day. An electronically filed document submitted on a non-court day shall be deemed filed on the next court day.

CRITICALProposed or draft document; may not be in force

An order shortening time will be filed only if the underlying motion was previously filed or is filed simultaneously.

Orders to Shorten Time will be filed only when the motion has been previously filed or is simultaneously filed.

CRITICALProposed or draft document; may not be in force

No document transmitted electronically is deemed filed unless it is accepted for filing by the Clerk. An electronically filed document shall be deemed filed on the date the document was submitted to the court if the submission was received by the court between 12:00 a.m. and 11:59:59 p.m. on a court day. An electronically filed document submitted on a non-court day shall be deemed filed on the next court day.

No document transmitted electronically is deemed filed unless it is accepted for filing by the Clerk. An electronically filed document shall be deemed filed on the date the document was submitted to the court if the submission was received by the court between 12:00 a.m. and 11:59:59 p.m. on a court day. An electronically filed document submitted on a non-court day shall be deemed filed on the next court day.

CRITICALProposed or draft document; may not be in force

The clerk must reject a default request when the submitted form and documents do not show full statutory compliance with notice and service, and set the matter for hearing.

Requests for defaults in which it does not appear from the Request for Entry of Default form and documentation submitted therewith that there has been full compliance with all applicable statutory procedures for notice and service thereof shall be rejected by the clerk and the matter set for hearing.

CRITICALProposed or draft document; may not be in force

Papers will not be filed until the court receives the fees and the additional $25 charge.

No papers will be filed until the fees and $25 have been received by the court.

CRITICALProposed or draft document; may not be in force

The original fax-filed document will not be filed if all charges and fees are not included when the Court receives it.

If all charges and fees are not included when the original document is received by the Court, the original document shall not be filed.

CRITICALProposed or draft document; may not be in force

Deadline

1 court days

One court day’s notice must be given for a remote appearance at the hearing.

One court day notice shall be given.

CRITICALProposed or draft document; may not be in force

Deadline

48 hours

Dispositional Reports must be filed at least 48 hours before the hearing.

Dispositional Reports shall be filed at least 48 hours before the hearing.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

In civil jury trials, the parties must lodge joint jury instructions five court days before trial unless the Court orders another time.

The parties will lodge joint jury instructions five (5) court days prior to the trial date or at such other time as the court may order.

CRITICALProposed or draft document; may not be in force

A grievance complaint must be presented within five days after receipt of the report; the text does not specify whether those days are court or calendar days.

Grievances in connection with court-ordered investigations shall be presented, via Complaint, (Local Form Number FL05048 in writing, to the Court Executive Officer within five (5) days of receipt of the report.

CRITICALProposed or draft document; may not be in force

If a case settles within five calendar days of trial, counsel must have a dismissal, stipulated judgment, or conditional settlement on file, or appear at the scheduled trial to put the settlement on the record.

If a case settles within five (5) calendar days of the trial date, counsel shall have on file a dismissal, stipulated judgment, or a conditional settlement or make an appear- ance at the time and place designated for trial to place the settlement on the record.

CRITICALProposed or draft document; may not be in force

Deadline

45 calendar days

For a case settling before the five-calendar-day period before trial, counsel must file a dismissal request, stipulated judgment, or conditional settlement within 45 calendar days after written notice; otherwise, an Order to Show Cause shall issue regarding sanctions.

(b) File a request for dismissal, stipulated judgment, or conditional settlement within 45 calendar days of the written notice of settlement. If a request for dismissal, stipulated judgment, or conditional settlement is not filed within 45 calendar days, an Order to Show Cause shall issue as to why sanctions should not be imposed.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

The written conference statement must be filed five court days before the conference.

Serve and file five (5) court days before the conference, a written statement of the facts, law and respective contentions of the parties.

CRITICALProposed or draft document; may not be in force

For Department 6 hearings, the completed Form FL679 must be submitted 12 days before the hearing.

Department 6 (Department of Child Support Services) hearings at 8:30 a.m., 10:00 a.m. and or 1:30 p.m. by completing judicial council Form FL679, 12 days prior to the hearing and obtaining court approval by submitting the completed from to Family Court Services.

CRITICALProposed or draft document; may not be in force

Ex parte applications must be submitted by 2:00 p.m. on the court date before the hearing date.

All ex parte applications must be submitted no later than 2:00 p.m. on the court date prior to the date set for hearing.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Family law trial briefs must be filed five court days before trial or hearing, with a courtesy copy provided to the trial judge.

Trial briefs must be filed five (5) court days prior to the trial/hearing date, with a courtesy copy provided for the trial judge.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

For a contested trial or hearing, both parties must file the issues statement, contentions, and proposed disposition at least five court days before the trial or long-cause date.

Where a matter is set for contested trial/hearing, either short or long cause, both parties shall file and serve at least five (5) court days prior to the trial/long cause date, the following: a. A statement of the issues (disputed and undisputed), contentions, and proposed dis- position of the case.

CRITICALProposed or draft document; may not be in force

For a case settling before the five-calendar-day period before trial, counsel must immediately give written notice to the Court.

(a) Immediately give written notice to the Court, and;

CRITICALProposed or draft document; may not be in force

Deadline

2 court days

Applies to

Responsive papers

Responsive papers must be filed two court days before the hearing.

Any responsive papers shall be filed and served two (2) court days prior to the hearing.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Family law trial briefs must be filed five court days before trial or hearing, and a courtesy copy must be provided to the trial judge.

Trial briefs must be filed five (5) court days prior to the trial/hearing date, with a courtesy copy provided for the trial judge.

CRITICALProposed or draft document; may not be in force

CPS Social Study Reports must be filed with the court and made available to all counsel before the hearing according to the stated deadlines, unless the court orders otherwise.

Social Study Reports prepared by CPS shall be filed with the court and made available to all counsel before the hearing in accordance with the following time limitation, unless otherwise ordered by the court:

CRITICALProposed or draft document; may not be in force

Deadline

5 calendar days

If settlement occurs within five calendar days of trial, counsel must have a dismissal, stipulated judgment, or conditional settlement on file, or appear at the scheduled trial time and place to put the settlement on the record.

If a case settles within five (5) calendar days of the trial date, counsel shall have on file a dismissal, stipulated judgment, or a conditional settlement or make an appear- ance at the time and place designated for trial to place the settlement on the record.

CRITICALProposed or draft document; may not be in force

During trial, documents served by hand must also be electronically filed by close of business no later than the following court day.

During trial, a party may submit to the courtroom clerk and serve by hand any documents, as long as the documents are also filed electronically before the close of business no later than the following court day.

CRITICALProposed or draft document; may not be in force

The Court must set a return date for the investigation report at least ten days before the hearing, subject to extension by court order or approved written agreement.

The Court shall establish a specific date the investigator shall return the Child Custody Investigation report to the Court, which shall be not less than ten (10) days prior to hearing. The date may be extended by order of the Court or by written agreement of the parties with Court approval.

CRITICALProposed or draft document; may not be in force

If a hearing, conference, or trial is imminent, counsel must notify the assigned department orally and then confirm in writing.

If a hearing, conference or trial is imminent, notice must be given orally to the assigned department followed by a confirmation in writing.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

The conference statement must be filed five court days before the conference.

1. Serve and file five (5) court days before the conference, a written statement of the facts, law and respective contentions of the parties.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

The parties must lodge joint jury instructions five court days before trial, unless the Court orders another time.

The parties will lodge joint jury instructions five (5) court days prior to the trial date or at such other time as the court may order.

CRITICALProposed or draft document; may not be in force

In every case, the People and the defense must lodge proposed jury instructions with the clerk by the time the jury is sworn.

The People and the defense shall, in each case, lodge copies of proposed jury instructions with the clerk no later than the swearing of the jury.

CRITICALProposed or draft document; may not be in force

Deadline

48 hours

Witness lists must be filed with the court and provided to all counsel at least 48 hours before the hearing.

Witness lists shall be filed with the court and provided to all counsel at least 48 hours prior to the hearing.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Motions in limine and trial briefs must be filed five court days before trial, unless the Court orders another time.

Motions in limine and trial briefs must be filed five (5) court days prior to the trial date or at such other time as the Court may order.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Responsive papers to the Order to Show Cause must be filed at least five court days before the hearing.

Responsive papers to the Order to Show Cause must be filed five (5) court days in advance of the hearing.

CRITICALProposed or draft document; may not be in force

The investigator must return the Child Custody Investigation report by a date set by the Court at least 10 days before the hearing.

The Court shall establish a specific date the investigator shall return the Child Custody Investigation report to the Court, which shall be not less than ten (10) days prior to hearing.

CRITICALProposed or draft document; may not be in force

Ex parte applications must be submitted by 2:00 p.m. on the court date before the hearing date.

All ex parte applications must be submitted no later than 2:00 p.m. on the court date prior to the date set for hearing.

CRITICALProposed or draft document; may not be in force

In every criminal case, both the People and the defense must lodge proposed jury-instruction copies with the clerk by the time the jury is sworn.

The People and the defense shall, in each case, lodge copies of proposed jury instructions with the clerk no later than the swearing of the jury.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

For a contested trial or hearing, whether short or long cause, both parties must file and serve the specified materials at least five court days before the trial or long-cause date.

Where a matter is set for contested trial/hearing, either short or long cause, both parties shall file and serve at least five (5) court days prior to the trial/long cause date, the following:

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Responsive papers to an order to show cause must be filed five court days before the hearing.

Responsive papers to the Order to Show Cause must be filed five (5) court days in advance of the hearing.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

A pre-hearing discovery motion must be filed at least five court days before the hearing.

A discovery motion under this Rule shall be filed and served on all parties at least five (5) court days before the hearing.

CRITICALProposed or draft document; may not be in force

Deadline

45 calendar days

For a settlement more than five calendar days before trial, counsel must immediately notify the court in writing and file a dismissal request, stipulated judgment, or conditional settlement within 45 calendar days after the written settlement notice.

If a case settles before that time, counsel shall: (a) Immediately give written notice to the Court, and; (b) File a request for dismissal, stipulated judgment, or conditional settlement within 45 calendar days of the written notice of settlement.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Motions in limine and trial briefs must be filed five court days before trial unless the Court orders another time.

Motions in limine and trial briefs must be filed five (5) court days prior to the trial date or at such other time as the Court may order.

CRITICALProposed or draft document; may not be in force

Deadline

10 calendar days

Reviews of Family Reunification, Family Maintenance, and Permanent Plans must be filed at least ten calendar days before the hearing.

Reviews of Family Reunification, Family Maintenance and Permanent Plans shall be filed at least ten (10) calendar days before the hearing.

CRITICALProposed or draft document; may not be in force

For the specified Department 6 hearings, Form FL679 must be submitted 12 days before the hearing.

Department 6 (Department of Child Support Services) hearings at 8:30 a.m., 10:00 a.m. and or 1:30 p.m. by completing judicial council Form FL679, 12 days prior to the hearing and obtaining court approval by submitting the completed from to Family Court Services.

CRITICALProposed or draft document; may not be in force

When required, the moving party must file the specified financial declaration with papers seeking relief, and the opposing party must file an Income and Expense Declaration with responsive papers.

In all matters in which the filing of an Income and Expense Declaration [JC FL150] or Financial Statement is required, the moving party shall file the Income and Expense Declaration [JC FL150], or Financial State- ment with the papers seeking relief, and the opposing party shall file the Income and Expense Declaration with the responsive papers.

CRITICALProposed or draft document; may not be in force

Written grievances concerning a court-ordered evaluation must be presented to the Court within five days after receipt of the report and will be addressed at the scheduled custody hearing.

Grievances in connection with court-ordered evaluations shall be presented, in writing, to the Court within five (5) days of the receipt of the report and such grievances shall be addressed at the scheduled custody hearing.

CRITICALProposed or draft document; may not be in force

Counsel must immediately notify the Court in writing when a civil case settles.

Whenever a civil case has settled, counsel shall immediately notify the Court in writing.

WARNINGProposed or draft document; may not be in force

The appointed elisor has up to three court days to sign the documents, subject to exceptions addressed by the Court case by case.

The appointed elisor has up to three (3) court days to complete the actual signing of the documents. Any exceptions to the three-day period shall be addressed on a case-by- case basis by the Court.

WARNINGProposed or draft document; may not be in force

Deadline

15 calendar days

Probate matters must be calendared for hearing at least 15 calendar days after filing.

All probate matters will be calendared for hearing a minimum of fifteen (15) calendar days after filing.

WARNINGProposed or draft document; may not be in force

If an investigation is required under PrC § 1540 et seq., the guardian appointment petition must be calendared at least 45 days after filing.

If investigation is required pursuant to PrC § 1540, et seq., the petition for appointment of guardian shall be calendared a minimum of 45 days after filing in order to give the appropriate agency(ies) time within which to conduct the investigation.

WARNINGProposed or draft document; may not be in force

When the Court is required by law to provide an interpreter, counsel must notify the Court 14 days before the hearing, unless good cause supports shorter notice.

In such cases, counsel shall notify the Court that an interpreter is required fourteen (14) days before the hearing or a shorter time upon a showing of good cause.

WARNINGProposed or draft document; may not be in force

Addenda, Status Reports, and other reports must be filed a reasonable number of days before the hearing.

Addenda, Status Reports, and all other reports shall be filed a reasonable number of days before the hearing.

WARNINGProposed or draft document; may not be in force

Jurisdictional Reports must be filed a reasonable time before the hearing.

Jurisdictional Reports shall be filed a reasonable time before the hearing.

WARNINGProposed or draft document; may not be in force

Deadline

45 calendar days

If the required dismissal request, stipulated judgment, or conditional settlement is not filed within 45 calendar days, an order to show cause regarding sanctions will issue.

If a request for dismissal, stipulated judgment, or conditional settlement is not filed within 45 calendar days, an Order to Show Cause shall issue as to why sanctions should not be imposed.

WARNINGProposed or draft document; may not be in force

The clerk will set a status-only follow-up case management conference six months after removal or stay.

The Case Management Conference Clerk will set a follow-up case management conference for six (6) months from the date of removal/stay for status purposes only.

WARNINGProposed or draft document; may not be in force

Conservator appointment petitions must be set for hearing no sooner than 45 days after filing.

All petitions for appointment shall be set for hearing no sooner than 45 days after filing.

WARNINGProposed or draft document; may not be in force

Deadline

10 court days

A request for a court-provided reporter is timely only if made at least 10 court days before the hearing or trial.

A request for a court-provided court reporter is timely if it is made ten (10) or more court days before the hearing or trial is to be held.

WARNINGProposed or draft document; may not be in force

The report-return date may be extended by court order or by written agreement of the parties approved by the Court.

The date may be extended by order of the Court or by written agreement of the parties with Court approval.

WARNINGProposed or draft document; may not be in force

Petitions to appoint a guardian of a minor must be set for hearing no sooner than 30 days after filing.

All petitions for appointment shall be set for a hearing no sooner than 30 days after filing.