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San Mateo County, CA
Every published instrument scoped to San Mateo County, newest effective date first. 0 circuit-wide and 13 statewide instruments also apply here — search all three layers together. Procedural information only; not legal advice.
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Commencing July 13, 2026, evidence or exhibits in the possession of the Clerk's Office in all criminal cases are available for viewing, inspection or copying for any attorney appointed by the Court of Appeal upon providing a copy of the Court of Appeal's appointment order.
Appellate Department rules of Division I (Rules 1.0 to 1.10; former Rules 1.1 to 1.4 repealed): general provisions (the four judges the Chairperson of the Judicial Council assigns to the Appellate Division; regular sessions on the second Friday of each month at 2:00 p.m. in Courtroom 2M at the Hall of Justice and Records in Redwood City) (Rule 1.0); the notice of appeal (Rule 1.1); stay orders (Rule 1.2); appointed counsel in misdemeanor appeals (Rule 1.3); the record on appeal (Rule 1.4); briefs (Rule 1.5); oral argument (Rule 1.6); the decision, within ninety days after submission (Rule 1.7); applications and motions (Rule 1.8); extensions and relief from default (Rule 1.9); and writs in limited civil, misdemeanor and infraction cases (Rule 1.10).
Division II (Court Management), Chapter 1 (Rules 2.0 to 2.1.9): the transfer of the County Clerk's court-related functions to the Superior Court Executive Officer (Rule 2.0; Government Code section 69898); the form of papers presented for filing (Rule 2.1); California Environmental Quality Act (CEQA) claims assigned to a designated judge (Rule 2.1.3); documents produced through a nonparty (Rule 2.1.4); permissive electronic filing (Rule 2.1.5); attaching photographs to filed documents (Rule 2.1.6); mandatory electronic filing for all parties except self-represented litigants in family law, probate, civil limited and unlimited, complex, small claims and unlawful detainer cases, criminal cases after the complaint, adoptions and juvenile cases (Rule 2.1.7); the documents that cannot be electronically filed, among them ex parte applications in all actions except probate ex parte filings that comply with Local Rule 4.7 (Rule 2.1.8); and lodging confidential discovery documents (Rule 2.1.9). Rules 2.1.1 and 2.1.2 are repealed.
Chapter 2's civil trial court management rules are repealed: Part 1, Management Duties (Rule 2.2), Part 2, Caseflow Management (Rules 2.3, 2.3.1 and 2.4) and Part 3, Calendar Management (Rule 2.5), each repealed effective January 1, 2021; the refund of jury fees (Rule 2.6) was renumbered as Rule 2.7.6.
Chapter 4 (Rules 2.7 to 2.7.7): the length of jury service (Rule 2.7; CRC 2.1002); proposed jury instructions, their timing set by the Trial Department (Rule 2.7.1; California Rules of Court, Rules 2.1055 and 2.1050); counsel's duty to complete proposed instructions (Rule 2.7.2); their form (Rule 2.7.3); changing jury instructions (Rule 2.7.4); the jury instruction conference outside the presence of jurors (Rule 2.7.5); and juror questionnaires for all case types except death penalty cases (Rule 2.7.7). Rule 2.7.6 is repealed.
Chapter 5 (Rules 2.8 to 2.15): the family law rules in Division V (Rule 2.8); required action - no case off calendar without a future action date (Rule 2.9); interpreters and translators, the party desiring an interpreter giving notice (Rule 2.10); the return of exhibits in civil cases (2.11); court reporter availability in civil actions (2.12); the policy against bias (Rule 2.13); the generative artificial intelligence policy, the Court's expectations posted on its website (Rule 2.14); and the transfer out of non-criminal cases (Rule 2.15).
Chapter 6 (Rules 2.20 to 2.22): on assignment to a trial department for a jury trial, each party files any in limine motions, trial briefs, a concise non-argumentative statement of the case and a list of possible witnesses (Rule 2.20); in limine motions served not less than five (5) days before trial (Rule 2.21); and the production of exhibits, an original and copies for all other parties and the court (Rule 2.22). Rule numbers 2.23 to 2.29 are reserved.
Chapter 7: Rule 2.30, the determination of complex case designation, is repealed effective January 1, 2021; rule numbers 2.31 to 2.35 are reserved.
Chapter 8 (Rules 2.36 to 2.38): public access and privacy (Rule 2.36; California Rules of Court, Rule 1.201); public access to exhibits or attachments not marked as confidential or sealed (Rule 2.37; Rule 2.503); and electronic access to court records under the Court's Electronic Imaging program (Rule 2.38; Rules 2.500).
Division III: the law and motion rules (form of papers, points and authorities, declarations and judicial notice, Rules 3.3 to 3.6; hearings, Rules 3.7 to 3.12, including tentative rulings on the calendar of the Presiding Judge by telephone at (650) 261-5019 after 3:00 p.m. and notice of intent to appear by 4:00 p.m.; motions after trial, motions to reconsider and ex parte applications and orders, Rules 3.17 to 3.19, the Presiding Judge's ex partes at 2:00 p.m. Monday through Friday); the Direct Calendar Civil Departments rules (Rule 3.100): single assignment of civil cases (Rule 3.200); complex case designations (Rule 3.300); civil law and motion - matters not heard, scheduling, tentative rulings, off calendar and continuances (Rules 3.400 to 3.404); ex parte applications in general civil, two days per week at 1:30 p.m. before the assigned Civil Judge (Rule 3.500); correspondence with civil departments (Rule 3.600); informal discovery conferences (Rule 3.700); case management (Rules 3.800 to 3.805); appropriate dispute resolution (Rules 3.900 to 3.905); the post-ADR case management and trial setting conference (Rule 3.1000); mandatory settlement conferences (Rule 3.1100); unlawful detainer actions (Rules 3.1200 to 3.1205); collections cases (Rules 3.1300 to 3.1303); orders of examination (Rule 3.1400); and remote appearances (Rule 3.1500). Rules 3.1, 3.2.1, 3.2.2, 3.9, 3.11 and 3.13 to 3.16 are repealed.
Division IV (Probate Department), Chapter 1 (Rules 4.1 to 4.7): general provisions - the Probate Department hears all matters arising under the Probate Code (Rule 4.1); hearings (Rule 4.2); the informal discovery conference (Rule 4.2.1); probate trials and contested matters (Rule 4.3); the length of hearing (Rule 4.4); non-appearance (Rule 4.5); appearance (Rule 4.6); and ex parte matters (Rule 4.7).
Chapter 10 (Rules 4.55 to 4.68): the description of assets (Rule 4.55); asset distribution (Rule 4.56); allegations re character of assets (Rule 4.57); agreements for distribution and assignment of assets (Rules 4.58 and 4.59); the heirs of a predeceased spouse when the decedent dies intestate (Rule 4.60); distribution to persons under conservatorship or guardianship, to minors, to the representative of a deceased heir or beneficiary and to intestate heirs (Rules 4.61 to 4.64); interest on general pecuniary legacies (Rule 4.65); the additional requirements and tax procedures for final distribution (Rules 4.66 and 4.67); and preliminary distribution under Section 11621 (Rule 4.68).
Chapter 11 (Rules 4.69 to 4.75): family allowance (Rule 4.69; Sections 6540-6545); borrowing money (Rule 4.70); operating a business (Rule 4.71); determining title to real or personal property (Rule 4.72; Section 850); the substitution or withdrawal of attorney (Rule 4.73); obtaining final discharge (Rule 4.74); and proceedings to establish the fact of death (Rule 4.75).
Chapter 12 (Rules 4.76 to 4.82): temporary conservatorships (Rule 4.76); guardianships (Rules 4.77.1 to 4.77.17: the petition, hearing dates, service and proof of service, personal appearance, multiple wards, the investigation and investigative reports, the alternative guardian, the order appointing the guardian, the guardian of the estate, current addresses, review, temporary guardianship in emergency situations only, accounts and reports, fees and discharge); the use of a minor's assets for support and the disposition of a minor's funds (Rules 4.78 and 4.79); the compromise of claims (Rule 4.80); conservatorships (Rules 4.81.1 to 4.81.22: the petition, notice, qualifications, appointment or termination, personal appearance, letters, changes of address, California licensed professional fiduciaries, waiver of bond, orders regarding a major neurocognitive disorder, visits, medical consent, inventory and appraisement, independent powers, accounts and reports, the confidential status report, fee disclosure, the death of the conservatee, compensation and final discharge); and substituted judgment (Rule 4.82). Rules 4.77, 4.81 and 4.81.5 are repealed.
Chapter 13 (Rules 4.83 to 4.88): statutory compensation in decedent's estates (Rule 4.83); compensation for extraordinary services in decedents' estates (Rule 4.84); compensation for conservators and their attorneys (Rule 4.85); the time for allowing compensation (Rule 4.86); court investigation assessments, including a fee of $500.00 for conservatorship investigations performed by the Aging and Adult Services (Rule 4.88); and Appendix A to Chapter 13, the rules for determining commissions on the sale of real property (the chart of brokers' commissions; Probate Code Section 10162-10165). Rule 4.87 is repealed.
Chapter 14: prior court approval is required for any action specified in Probate Code Section 3100, et seq. (Rule 4.89).
Chapter 15 (Rules 4.90 to 4.100): trustee's accounts (Rule 4.90); notice to beneficiaries (Rule 4.91); the compensation of trustees and attorneys for trustees (Rule 4.92); trusts established before distribution of a probate estate and trusts created pursuant to court order (Rules 4.93 and 4.94); fees for the Public Guardian and County Counsel (Rule 4.95); and independent counsel (Rule 4.100).
Chapter 2 (Rules 4.8 to 4.12): the caption (Rule 4.8); the petition for instructions (Rule 4.9); Judicial Council forms (Rule 4.10); and verification (Rule 4.12). Rule 4.11 (accounts) is repealed; refer to Rule 4.49.
Chapter 3 (Rules 4.13 to 4.16): allegations in support of a showing of community property (Rule 4.14); a spousal property petition filed with a petition for probate (Rule 4.14.1); fees (Rule 4.15); and the election of the surviving spouse to administer property (Rule 4.16). Rule 4.13 is repealed.
Chapter 4 (Rules 4.17 to 4.22): the appointment of a special administrator (Rule 4.17); the petition for probate of will and letters of administration (Rule 4.18), holographic wills, foreign wills, Item #8 in the Petition for Probate and the supplement to the petition (Rules 4.18.1 to 4.18.4); notice requirements, service of notice and publication (Rules 4.19 to 4.19.2); the proof of wills (Rule 4.20); lost or destroyed wills (Rule 4.21); and renunciations and declinations to act (Rule 4.22).
Chapter 5 (Rules 4.23 to 4.27.1): when bond is not required, the statement of waiver in the petition, two or more personal representatives, separate bonds for individuals and the independent power to sell real property (Rules 4.24 to 4.24.4); non-resident executors or administrators (Rule 4.25); reducing bond and withdrawing funds from a blocked account (Rules 4.26 and 4.26.1); bond modification (Rule 4.27); and bond upon sale of real property (Rule 4.27.1). Rule 4.23 is repealed.
Chapter 6 (Rules 4.28 to 4.31): the probate referee's appointment (Rule 4.28); preparing the inventory and appraisal (Rule 4.29); the sufficiency of bond (Rule 4.30); and the waiver of appraisal by a referee for good cause (Rule 4.31).
Chapter 7 (Rules 4.32 to 4.38): the nature and form of claims (Rule 4.32); filing and listing claims (Rule 4.33); approval by the court (Rule 4.34); funeral and interment claims (Rule 4.36); claims of personal representatives and reimbursements to personal representatives and their attorneys (Rule 4.37); and the compromise of claims (Rule 4.38). Rule 4.35 is repealed.
Chapter 8 (Rules 4.39 to 4.47): judicial approval (Rule 4.39); exclusive listings for the sale of property (Rule 4.40); tangible personal property (Rule 4.41; Probate Code Sections 10250 - 10264); securities (Rule 4.42); condominiums, community or cooperative apartments (Rule 4.43); publication of notice of intention to sell real property (Rule 4.44); the return of private sale (Rule 4.45); and broker's commissions, including in overbid situations (Rules 4.46 and 4.47).
Chapter 9: all accounts filed in probate proceedings, including guardianship, conservatorship and trust accounts, must be typewritten and conform to the California Rules of Court (Rule 4.48). Rules 4.49 to 4.54 are repealed.
Division IX (Rules 9.1 to 9.12): pretrial motions in criminal cases (Rule 9.1); sentencing (Rule 9.2); continuances, only in open court (Rule 9.3; Penal Code Section 1050); the reporter's transcript on appeal, commenced upon a verdict of guilty in all felony trials (Rule 9.6); trial by declaration for traffic infractions (Rule 9.7); the confidentiality of victim or witness information in law enforcement, arrest or investigative reports (Rule 9.8; Penal Code §964); traffic pre-trial discovery motions (Rule 9.9); the local criminal felony and misdemeanor bail schedules, effective from July 1 to June 30 (Rule 9.10; Penal Code sections 1269b and Rule 4.102); brief preliminary evaluations of the adjudicative competency of a criminal defendant (Rule 9.11); and court reporter availability in criminal actions (Rule 9.12). Rules 9.4 and 9.5 are repealed.
Division V (Rules 5.1 to 5.17): applicability (Rule 5.1); court locations - family law proceedings filed and heard at the Southern Division in Redwood City unless otherwise ordered under Local Rule 6.9 (Rule 5.2); matters heard in the Family Law Department (Rule 5.3); case flow management under a Direct Calendar (Rule 5.4); informal discovery conferences (Rule 5.4.1); alternative dispute resolution (Rule 5.5); ex parte orders (Rule 5.6; California Rules of Court, Rules 5.151); requests for orders, orders to show cause and notices of motion (Rule 5.7); trial setting, status conference and mandatory settlement conference rules (Rule 5.8); judgment by default or uncontested hearing (Rule 5.9); the preparation of orders after hearing and judgments (Rule 5.10); declarations of disclosure and financial information (Rule 5.11); the Department of Child Support Services (Rule 5.12); Family Court Services and the mediation required whenever custody or visitation are in dispute (Rule 5.13); the appointment of counsel for a child and the complaint procedure for court appointed counsel (Rules 5.14 and 5.14.1); the family law facilitator (Rule 5.15; Family Code Section 10000); the coordination of court proceedings and sharing of case information involving minors with the juvenile court (Rules 5.16 to 5.16.6); and court ordered supervised visitation (Rule 5.17); with Appendix 1, the Mandatory Settlement Conference Statement format, and Appendix 2, the Long Cause Trial Rules Checklist. Rules 5.6.1 and 5.7.1, the first Rule 5.9 (Long Cause Trials) and the first Rule 5.10 (Family Support Division Matters, renumbered as Rule 5.12) are repealed or renumbered.
Division VI (Other Special Departments and Calendars), Chapter 1: the attorney's fees to be awarded, under normal circumstances, in actions on promissory notes and contracts providing for the payment of attorney's fees, and the Court Schedule of Attorney Fees for a default action on a note or contract (Rule 6.1.1). Rule 6.1 is repealed (effective January 1, 2024).
Chapter 2 (Rules 6.2 to 6.4.1): hearings of the Juvenile Department at the San Mateo County Juvenile Court, 222 Paul Scannell Drive, San Mateo (Rule 6.2); attorneys for parties in dependency proceedings - statutory timelines, time waivers and the attorneys' duties (Rule 6.3); all judges designated as Juvenile Court judges in the absence of the Juvenile Court judge (Rule 6.4); and the Court Appointed Special Advocates (CASA) Program (Rule 6.4.1).
Chapter 3: court proceedings involving the detention, treatment and evaluation of the mentally disordered, developmentally disabled, inebriates, drug abusers, imminently dangerous and suicidal persons are held at the times and places the judge of the LPS Calendar Department prescribes (Rule 6.5).
Chapter 4 (Rules 6.6 to 6.12): the sessions of the Northern Department each court day (Rule 6.6); the matters that may be heard there (Rule 6.7); the Northern District, all areas of San Mateo County from the northern boundary south to and including Burlingame (Rule 6.8); the basis for and the procedure for obtaining Northern District venue (Rules 6.9 and 6.10); and transfer from the Northern Department (Rule 6.11). Rule 6.12 is repealed; Rules 6.13 through 6.19 are reserved.
Chapter 5's rules on the writs and receivers calendar - the calendar, ex parte matters and placing a matter on the calendar (Rules 6.20, 6.22 and 6.23) - are repealed effective January 1, 2021.
Division VII's rules on pretrial proceedings in class actions (Rules 7.1 to 7.11) are all repealed; most refer to the CRC (rules 3.750 and 3.760 to 3.770).
Division VIII (Rules 8.1 to 8.10): the court's power to appoint a special master or referee in complex cases at any stage (Rule 8.1); the definition (Rule 8.2; CRC Rule 3.400); the appointment under Code of Civil Procedure sections 638-645.1 (Rule 8.4); supervision by the assigned civil judge (Rule 8.5); the duties of the special master or referee (Rule 8.6; section 639); the court order signed by the presiding judge (Rule 8.7); and the special master's additional powers (Rule 8.9). Rules 8.3, 8.8 and 8.10 are repealed.
Division X: judicial arbitration for civil cases (Rule 10.1) and voluntary arbitration (Rule 10.2) are repealed effective January 1, 2021.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
The book's instructions (the California Rules of Court are not printed as part of the San Mateo County local rules but are considered incorporated within them; page numbers; amendments; application in all departments; the rules restated, amended and adopted effective July 1, 1996) and Rules 0.1 to 0.9: adoption and amendment of rules (Rule 0.1); sanctions (Rule 0.2); court security, the Sheriff designated as the Court Security Officer (Rule 0.3); civil appeals fees for the transcript on appeal (Rule 0.5: $325.00 for each half day and $650.00 for each full day of trial); the court's designation and caption, "Superior Court of California, County of San Mateo" (Rule 0.7); the contents of proof of service (Rule 0.8); and standing orders, signed by the Presiding Judge, numbered sequentially and filed chronologically (Rule 0.9). Rule 0.4 is reserved and Rule 0.6 repealed.
Department 13's rules for the Probate Department (Judge Lisa A. Novak presiding as of January 1, 2026): the motion/petition calendar Monday-Friday at 9:00 a.m. (tentative rulings posted by 3 p.m. the day before; remote appearance allowed except on petitions for guardianship with a petition for Special Immigrant Juvenile Findings; sanctions for a late status brief); the online submission of orders and requests (orders after hearing in person or e-filed; ex parte requests that require notice filed in person, never both; ex parte hours daily from 10:00 a.m-11:00 a.m.); and the pretrial deadlines - serve (but not file) proposed motions in limine, witness lists, deposition designations and exhibit lists at least 35 days before the Trial; meet and confer at least 25 days before; file and serve motions in limine and oppositions at least 15 days before; the joint Trial Brief with the witness and exhibit lists and binders at least 10 days before; trial exhibits in binders at least 7 days before the Trial Date - with motions in limine heard on the first day of Trial, witness lists, trial exhibits and the meet and confer.
Commencing March 3, 2025, a Civil Law litigant acting in Pro Per (self-represented) may request elevated access to the Court's electronic records for a Civil Law case in which they are a Plaintiff or Defendant by completing, signing and adhering to the Court's User Agreement for Access to Court Electronic Records (the prescribed court form; a valid government issued ID presented in person at the Clerk's Office; an online appointment with the Records Division; access only while self-represented; no sharing of the account); a Civil Law attorney registers on the Portal with the email address on file with the California State Bar and agrees to its terms (use only for representing the attorney's clients; no commercial use); and the requirements for all users (restrictions on access, use of information, the disclaimer and termination).
Commencing August 12, 2024, a Family Law litigant acting in Pro Per (self-represented) may request elevated access to the Court's electronic records for a Family Law case in which they are a Petitioner or Respondent by completing, signing and adhering to the Court's User Agreement for Access to Court Electronic Records (the prescribed court form; a valid government issued ID presented in person at the Clerk's Office; an online appointment with the Records Division; access only while self-represented; no sharing of the account); a Family Law attorney registers on the Portal with the email address on file with the California State Bar and agrees to its terms; and the requirements for all users (restrictions on access, use of information, the disclaimer and termination).
The calendars with an official court reporter, those that may have one and those without; requesting an official reporter (CV-69) and appointing a pro tempore reporter (CV-68).
The court calendars for which official court reporters will NOT be available: criminal (out-of-custody misdemeanor arraignments, misdemeanor court and jury trials and pre-trial conferences, domestic violence reviews and pre-trials, misdemeanor trial readiness calendars and special sets, Military Diversion & Personnel Court, Drug Court/Treatment Court, the PC 1370 Calendar and DUI Court); civil, unlawful detainer and small claims (case management and trial setting conferences, the case management/OSC and collections/CMC calendars, mandatory settlement conferences, unlawful detainer pre-trial conferences, informal discovery conferences, limited jurisdiction unlawful detainer court and jury trials, UD financial distress hearings, small claims and small claims appeals); probate (the LPS Calendar); traffic (arraignments, court trials and night court); and family law (status conferences and mandatory settlement conferences); criminal misdemeanor and limited jurisdiction unlawful detainer matters may be electronically recorded.
Commencing July 25, 2022, the use and possession of photographing, recording and broadcasting devices in the court facilities of the San Mateo County Superior Court (the Hall of Justice, the Traffic Court, the Northern Branch Court Facility in South San Francisco, the Central Branch Court Facility in San Mateo and the Juvenile Court; all courtrooms, internal hallways and court office spaces) is prohibited except as permitted under California Rules of Court, Rule 1.150: no device capable of photographing, recording or broadcasting may be brought in, and no photographing, recording or broadcasting may take place, absent written order of the Supervising Judge of the facility (mobile telephones excepted from the possession rule); court security's verbal warnings, temporary custody of devices and the search warrant procedure; County or Court employees and contractors on County or Court business excepted; a violation may be the basis for contempt or sanctions; supersedes Standing Order 2022-168, issued July 21, 2022.
Under Rule 10.603 of the California Rules of Court, all City of San Mateo cases filed on or after July 1, 2021 are deemed to fall within the jurisdiction of the Southern Branch of the San Mateo County Superior Court (dated March 30, 2021).
Retained Small Claims exhibits may be released to the submitting parties (Code of Civil Procedure section 1952 and Local Rule 2.11); upon proper notice, exhibits not returned (CCP §1952.2) are destroyed 60 days after the issuance of judgment unless a written request to retain them for up to one year is filed (CCP §1952(b)) or an appeal is filed; exhibits not collected within a requested retention period are destroyed without additional notice at its conclusion.
Domestic Violence (DVPA) matters may be assigned to and calendared in the Northern Department (its DVPA calendars beginning January 11, 2019), and a party initiating a DVPA matter who resides within the Northern District (Local Rule 6.8) may file with the initial pleading a completed Declaration for Assignment to the Northern Department-Domestic Violence Action (FL-17) (Local Rules 5.2 and 6.9).
The requirement that every guardian annually completes and returns to the court a status report (Probate Code §1513.2(a), CRC 7.1003 and Local Rule 4.77.13) is suspended pending further order of the court; nothing limits the court from ordering a guardian to appear or to file a status report at any time.
Motions for inter-county probation transfers under Penal Code § 1203.9 from San Mateo County (notice under California Rules of Court, Rule 4.530) are set for hearing through the Clerk's Office - felony cases on the Criminal Presiding Judge's Calendar, misdemeanor and infraction cases on the Preliminary Hearing calendar; the order supersedes any previous orders on the subject.
Effective September 1, 2010, ex parte applications in felony cases are presented to the Criminal Presiding Judge in Department 2A at the Hall of Justice and Records on Monday, Tuesday, Wednesday and Friday between 3:30 to 4:00 PM and on Thursday between 8:00 to 8:30 AM; each is in writing, with a memorandum of points and authorities, a declaration making the required factual showing and a proposed order (California Rule of Court (CRC) Rules 3.1201 and 3.1202), and written notice is provided to opposing counsel (CRC Rules 3.1203 and 3.1204); it supersedes Standing Order 10-106 dated July 1, 2010.
Commencing September 1, 2009, evidence or exhibits in the possession of the Clerk's Office in all criminal cases are not available for viewing, inspection or copying unless the trial judge or the Presiding Judge has authorized access, or the trial judge or another judge assigned by the Presiding Judge has authorized it after a hearing on a noticed motion with actual notice to all parties.