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Chapter 2 (Rules 3.40 to 3.54): the law and motion calendar (Rule 3.40); hearing dates (Rule 3.41); papers to comply with state rules (Rule 3.42); the tentative ruling (Rule 3.43); remote appearances and reporting for law and motion (Rules 3.44 and 3.45); civil ex parte orders (Rule 3.46); original orders to show cause (Rule 3.47); continuances (Rule 3.48); calendar matters heard in the law and motion department (Rule 3.49); name change applications (Rule 3.50); motions (Rule 3.51); uncontested calendars (Rule 3.52); written orders (Rule 3.53); and the number of attorneys examining a witness (Rule 3.54).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Chapter 2. Civil Law and Motion Rule 3.40. Law and Motion Calendar There shall be a Civil Litigation Division (which includes a Discovery Commissioner when available funding permits) which will handle civil law and motion matters: (1) Each judge in the Civil Litigation Division shall designate one day of the week for his or her Law and Motion matters. (2) Each judge in the Civil Litigation Division shall designate the day(s) of the week and time(s) that discovery matters and ex parte applications will be heard in their department. (3) Exceptions a. All law and motion matters relating to Family Law shall be heard in the Family Law Departments. b. Motions in Unlawful Detainer cases shall be heard in the appropriate court or department scheduled. c. As provided in Local Rule 7.1, most law and motion regarding probate matters shall be heard in the Probate Department. (Rule 3.40 revised effective 1/1/24) Rule 3.41. Hearing Dates With the exception of motions brought pursuant to Code of Civil Procedure section 128.7, all other motion hearing dates will be assigned by the Clerk’s Office at the time the motion is filed unless otherwise ordered by the Court. Dates cannot be reserved or given over the telephone. (Rule 3.41 revised effective 1/1/24) Rule 3.42. Papers to Comply with State Rules (1) Moving, opposing and reply papers must be filed and served with the Court and parties within the time prescribed by law. The Court will not consider late filed papers unless good cause is shown at the hearing. (2) All memoranda and other papers filed in support of, and in opposition to, motions shall comply with the requirements of the California Rules of Court. (3) Despite Rule 3.1110 of the California Rules of Court, subdivision (f), a large number of documents filed with the Court include exhibits that are not properly tabbed or ,where electronically filed, are not properly bookmarked. The purpose of this rule is to discourage such rule violations, which impose a substantial burden on judges and staff. (A) If a particular attorney service repeatedly files documents lacking proper tabs or bookmarks where required, the matter will be referred to the Presiding Judge for appropriate action. (B) Counsel of record should take note the Court has and will continue to impose monetary sanctions on attorneys who file documents lacking proper tabs or bookmarks where required, regardless of whether such documents were fax-filed through an attorney service, and in some instances will disregard those documents or drop a hearing from calendar based on the rule violation. (Rule 3.42 revised effective 1/1/24) Rule 3.43. Tentative Ruling (1) The Civil Litigation Division shall operate a tentative ruling system for Unlimited Civil law and motion. The tentative rulings can be obtained beginning at 1:30 p.m. the court day preceding the hearing. Phone numbers and tentative rulings for Martinez are available on the court website www.cc-courts.org. If the website is down, or for some reason cannot be accessed by the litigant or counsel, the number to call, during business hours is (925) 608-1000. Tentative rulings will be posted on the Court’s website for a minimum of 120 days, after which they may be removed. (Rule 3.43(1) revised effective 1/1/22) (2) The tentative ruling will become the Court's ruling unless by 4:00 p.m. of the court day preceding the hearing, counsel or self-represented parties call the department rendering the decision to request argument. If a judge so indicates in the instructions accompanying the tentative ruling, the parties may also be required to specify what issues are to be argued. Calling counsel or self-represented parties requesting argument must advise all other affected counsel and self-represented parties by no later than 4:00 p.m. of his or her decision to appear and of the issues to be argued. Failure to timely advise the Court and counsel or self-represented parties will preclude any party from arguing the matter. (Rule 3.43(2) revised effective 7/1/23) (3) The prevailing party must prepare an order after hearing in accordance with the requirements of California Rules of Court, Rule 3.1312. (Rule 3.43(3) revised effective 1/1/01) (Rule 3.43 revised effective 7/1/23) Rule 3.44. Remote Appearances for Law and Motion If the judge hearing a matter determines on an individual case that a personal appearance is necessary (i.e. that a remote appearance will not be allowed), the tentative ruling will so indicate unless the Court has previously been advised. (Rule 3.44 revised effective 7/1/23) Rule 3.45. Reporting of Law and Motion Law and motion oral arguments are not reported in Civil Fast Track Departments until further notice, except as provided by Local Rule 2.53. Otherwise, parties may procure the services of an outside reporter as set forth in Local Rule 2.52. (Rule 3.45 revised effective 1/1/19) Rule 3.46. Civil Ex Parte Orders Ex Parte applications for Orders to Shorten Time will be considered only when accompanied by the proposed moving papers. Orders to Shorten Time will be filed only when the motion has been previously filed or is simultaneously filed. (1) Martinez Civil Fast Track ex parte motions, except in emergency situations, will be heard in each department at times designated by the assigned judge. Consult the court’s website for designated times. Ex parte motions include applications for restraining orders, writs of mandate and prohibition (see ex parte process for writs of mandate below), other extraordinary writs, and appointment of receivers. Applications for such orders must comply with California Rules of Court, Rule 3.1203 (except temporary restraining orders under Code of Civil Procedure Section 527.6). (Rule 3.46(1)renumbered effective 7/1/25) (A) Ex Parte Applications for Orders to Shorten Time will be considered only when accompanied by the proposed moving papers, unless, in its discretion, the Court otherwise orders. Orders to Shorten Time will be filed and calendared for hearing only when the motion has been previously filed or is simultaneously filed (see signed order for compliance). (Rule 3.46(1)(A) renumbered effective 7/1/25) (B) Status Conference and Briefing Schedules for Writs of Mandate. The following rule applies to all writs of mandate except those in which the Department of Motor Vehicles is named as respondent. After the Petition is filed in the Clerk’s Office and a department is assigned, the filing party shall take a copy of the petition along with a proposed order to the assigned department during ex parte hours. A status conference for the establishment of a hearing date and briefing schedule for writs of mandate will be set by the assigned judge during the designated ex parte hours. The petitioner must comply with California Rules of Court, Rule 3.1203 concerning notice to opposing counsel or unrepresented party of the intent to present an ex parte application to the Court. The petitioning party need not notify the Court before presenting the application to set hearing date and briefing schedule. Once the order is signed and a briefing schedule assigned, the party shall present the order to the Clerk’s Office for filing. (Rule 3.46(1)(B) renumbered effective 7/1/25) (C) A copy of the resulting order concerning the writ is to be delivered to the department in which the writ will be heard as well as to the Research Attorney’s Office. (Rule 3.46(1)(C) r renumbered effective 7/1/25 (2) Sufficient notice should be given to all parties in the time and manner provided by California Rules of Court, Rule 3.1203. (3) Ex parte applications will be heard only after each party with papers to present has given them to the Court and other counsel who appear, and after both Court and counsel have had adequate time to review them. Therefore, whenever practicable, moving papers should be served on the affected party or that party’s attorney by personal delivery, telecopy (fax), express mail, messenger, or similar means before the hearing. (Rule 3.46(3) renumbered effective 7/1/25) (4) Guardian ad litem. Requests in cases of Unlimited Jurisdiction, for appointment of a Guardian ad litem should normally not seek appointment of a person that has a claim arising from the same event or conduct. The proposed appointee normally should not be a person that has a possible adverse or conflicting interest with that of the minor. (Rule 3.47(4) r renumbered effective 7/1/25) (Rule 3.46 renumbered effective 7/1/25) Rule 3.47. Original Orders to Show Cause When an Order to Show Cause has been signed, the original shall be filed immediately in the Clerk’s Office and service shall be effected by a certified copy, for which no charge shall be made. (Rule 3.47 renumbered effective 7/1/25) Rule 3.48. Continuances Requests for continuance of Law and Motion matters may be by written motion or stipulation. Moving papers must be filed and submitted by 12:00 noon of the court day before the scheduled hearing. (Rule 3.48 renumbered effective 7/1/25) Rule 3.49. Calendar Matters Heard in Law and Motion Department All motions to consolidate cases, bifurcate issues of liability or other issues, such as statute of limitations or other special defense, or sever consolidated cases or causes of action for trial may be heard in Law and Motion, or may be reserved for the trial department. Motions to consolidate must be noticed for hearing in the department which is assigned to the lowest numbered case of those cases proposed for consolidation. (Rule 3.49 renumbered effective 7/1/25) Rule 3.50. Name Change Applications (1) Name change applications are submitted on the Petition for Change of Name (Judicial Council Form NC-100) and Attachment to Petition for Change of Name (Judicial Council Forms NC-110). (2) The petition must be presented personally by the applicant to the clerk at the Probate window in the Civil Division’s Clerk’s Office and shall be accompanied by the following: (Rule 3.50(2) renumbered effective 7/1/25) (A) A completed Order to Show Cause for Change of Name (Judicial Council Form NC-120) that will be signed by the judge. (B) Photographic proof of identification (California Driver’s License or ID, or similar). (C) Proof of residency in Contra Costa County (e.g. recent utility bill or tax bill); and (D) For minors, a birth certificate. (Rule 3.50 renumbered effective 7/1/25) Rule 3.51. Motions (a) Proof of Service Unless otherwise ordered, all returns of Proof of Service of Notice of Motions and Orders to Show Cause shall be filed in the Clerk’s Office not less than two (2) calendar days preceding the time set for hearings. (Rule 3.51(a) renumbered effective 7/1/25) (b) Failure to appear Failure of counsel to appear at the time set in the department to which the matter is assigned, unless excused by the judge, shall be deemed cause for placing such matter off calendar, for proceeding to hear the matter in the absence of counsel, or for assessment of costs and sanctions as the Court in its discretion may determine. (Rule 3.51(b) renumbered effective 7/1/25) (c) Motions after trial All motions after trial until judgment is final shall be heard before the judge who presided over the trial, unless such judge is absent, unavailable or unable to act, in which case the Presiding Judge shall assign an alternate judge; this includes such matters as motions to reopen, motions for new trial, motions for judgment notwithstanding a verdict and hearings on statements of decision. (Rule 3.51(c) renumbered effective 7/1/25) (d) Papers on file All supporting affidavits, declarations, memoranda of points and authorities, and similar documents shall be attached to the notice of motion, or order to show cause, or other moving papers, when filed. Failure to comply with this requirement shall be deemed cause for taking the matter off calendar. All responsive and opposing documents shall be filed by respondents at least five (5) court days before the day set for hearing. Failure to comply with this requirement shall be deemed cause for acting on the matter without the consideration of documents not so filed. The application of this rule shall not apply to responsive and opposing documents where the moving party has obtained an order shortening time for hearing. This rule shall not be applicable where other time limits are required or provided by law, as in Code of Civil Procedure Section 659a. (Rule 3.51(d) renumbered effective 7/1/25) (Rule 3.51 renumbered effective 7/1/25) Rule 3.52. Uncontested Calendars (a) Request for hearing Applications for Default Prove Up Hearings, Minor’s Compromises, Adoptions and other uncontested matters requiring hearing shall be made in writing to the Clerk of the Court not less than five (5) calendar days before the hearing. (Rule 3.52(a) renumbered effective 7/1/25) (b) Completion of file No hearing will be set on an uncontested matter until all requisite pleadings and documents have been filed and the clerk has entered the default, unless it is a matter requiring court entry of default, in which case the Return of Service must be filed before the request for hearing. (Rule 3.52(b) renumbered effective 7/1/25) (Rule 3.52 renumbered effective 7/1/25) Rule 3.53. Written Orders (a) Preparation of order Whenever a Judge rules upon a motion, order to show cause, or similar matter, and the matter is uncontested, within ten (10) calendar days, a written order shall be prepared, presented to the Judge for signature, and filed. In any contested matter, where opposing counsel appears, a written order shall be prepared and served by the prevailing party and reviewed by the opposing party, in accordance with California Rules of Court, Rule 3.1312. The order shall be prepared whether or not specifically requested by the Court. (Rule 3.53(a) renumbered effective 7/1/25) (b) Judge's signature Counsel shall not approach the bench for the purpose of obtaining a Judge's signature, during a hearing or trial; documents requiring a Judge's signature shall be presented during recess or given to the Bailiff while the Judge is on the bench. (Rule 3.53(b) renumbered effective 7/1/25) (c) Subsequent applications for orders When an application for an order has been made to the Court or a Judge and has been refused in whole or in part, any subsequent application for the same character of relief, although made upon an alleged different state of facts, shall be made before the Judge making the original order in the case, unless the Judge is absent or unable to act, or shall request the Judge of another department to entertain such application; in all such instances, a full disclosure shall be made to such Judge of any and all such prior applications. See Code of Civil Procedure Section 1008. (Rule 3.53(c) renumbered effective 7/1/25) (Rule 3.53 renumbered effective 7/1/25) Rule 3.54. Number of Attorneys Examining a Witness Except by stipulation of opposing counsel or by express permission of the Court, only one lawyer representing the same party may examine or cross-examine a witness. (Rule 3.54 renumbered effective 7/1/25)
Chapter 2. Civil Law and Motion Rule 3.40. Law and Motion Calendar There shall be a Civil Litigation Division (which includes a Discovery Commissioner when available funding permits) which will handle civil law and motion matters: (1) Each judge in the Civil Litigation Division shall designate one day of the week for his or her Law and Motion matters. (2) Each judge in the Civil Litigation Divisio
Reviewer note: Composed 2026-10-08 (California T4 Contra Costa build 2026-10-08) from BenchPath custody ca/t4/ca-contra-costa/docs/general/july-2026-local-rules-final_0.pdf (the court's rule book, “Local Rules of Court Effective July 1, 2026”, as fetched 2026-10-08; 24267831 bytes, sha256 580a7d67b663a29aea78edf6b7d0fffb19be65430ad0770cad9f8cb543be811e; 274 pages) with the shared verbatim composer (v2 reflow) over the rules (PDF pages 17 to 191): each page's running header (“Local Rules of the Superior Court of California, County of Contra Costa”) and footer (a rule of underscores, “Local Court Rules – Effective July 1, 2026” and “Page N of 201”) removed as chrome; lines reflowed into the rules' paragraphs; Title One's heading and its first chapter heading set on their own lines, eleven rule citations the reflow broke at a line end rejoined, and six tables printed without rules set one row a line - Rule 2.40's attorney fee schedule, two cells of Guideline Attachment 1's commission chart, Attachment 2's attorney rates, Attachment 3's time summary and Attachment 4(a)'s probate calendars (18 whitespace-only fixes); Rule 2.160's local fees and the commission chart's header cells and sixth row, which the reflow read across, set as printed (three same-character fixes); the sixth row's number, in page 180's bottom band, kept (the composer's bottom_band_numbers option); no struck character (the strike report); the rules cut at the chapter headings, which reassemble them (Title Six is “Reserved”: its heading alone); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of rule effective dates, the table of contents, the list of local court forms, the index and Appendix A (the standing orders as revised May 15, 2026, superseded by the compilation revised August 11, 2026) belong to no chapter.
3 verbatim requirements on motion calendar in JEREMY I. FRANKER's division.
4 verbatim requirements on motion calendar in STEPHANIE MATALON's division.