Kings County Superior Court Local Rules of Court (July 1, 2026) — Chapter 3, Civil Law and Motion (Rules 300 to 308)

Requirement

CHAPTER 3: CIVIL LAW AND MOTION RULE 300 – Applicability of Chapter This chapter is applicable to all non-criminal and non-family law cases. (Eff. 1/1/99) RULE 301 – Setting Law and Motion Hearing Prior to the filing of any law and motion matter, a date and time for hearing shall be reserved with the clerk. Matters will be formally set by the clerk for hearing upon receipt of a notice of motion and supporting documents, with the hearing date and time specified in accordance with the date and time reserved. Motions received without prior reservation with the clerk, shall be set in accordance with the convenience of the court. (Eff. 1/1/99; amended 7/1/08) RULE 302 – Moving Party’s Duty to File Proof of Service Failure to timely file such proof of service in accordance with California Rules of Court, rule 3.1300, may result in the matter being dropped from calendar or continued, at the court’s option, as well as an order for sanctions payable to other parties inconvenienced by the offending party. This rule does not apply to ex parte matters. (Eff. 1/1/99; amended 7/1/08) RULE 303 – Taking Law and Motion Hearing Off Calendar A. Unless otherwise ordered by the court, any moving party who wishes to have a law and motion matter taken off calendar shall give written notice to all parties and shall notify the clerk and assigned judge in writing at least five (5) court days before the scheduled hearing date with proof of notification to all parties. Proof of notification to all parties may be made by proof of service by mail, or by letter indicating that a copy thereof has been sent to all parties and that all parties have also been notified by telephone, or by a declaration indicating when, and in what manner, notice was given to all parties. B. A law and motion matter may also be taken off calendar by stipulation of the parties, with written notice received by the court at least five (5) court days before the scheduled hearing. C. Within five (5) court days of the hearing, permission to take the matter off calendar must be obtained from the assigned judge, upon request of all parties in person, by conference call, or in writing. (Eff. 1/1/99) RULE 304 – Continuing a Law and Motion Hearing Any request for continuance of a law and motion hearing shall be made by stipulation or motion setting forth good cause before the assigned judge at least five (5) court days before the scheduled hearing with proof of notification to all parties. (Eff. 1/1/99) RULE 305 – Telephonic Appearances A. General Policy – For a fee, any party may appear telephonically with prior approval of the assigned court. “Court Call” [(888) 882-6878], a private vendor, is available in all departments, but its ability to be utilized by a party is dependent upon the individual policies and preferences of the assigned judicial officer. Whether or not to use “Court Call,” and whether a conference call is necessary, shall be determined at the time of preapproval. Additional information about telephonic appearances can be obtained from the court’s website or the court clerk. B. Incarcerated Individuals – Due to security, transportation costs, and staffing considerations, it is the standing order of the court that civil litigants under the custody of the California Department of Corrections and Rehabilitation are to appear at all pre-trial hearings by telephone. The assigned judicial officer may alter this standing order in his or her discretion for good cause shown. This rule does not apply to proceedings under California Penal Code section 2625. At the time a civil law and motion matter is filed, an order for telephonic appearance by an inmate will be issued and served by the court clerk on the litigants and the litigation coordinator at the prison facility where the litigant in custody is housed. The order allowing a telephonic appearance by the litigant in custody will contain instructions on how to place the conference call into the court. It may be necessary for the court clerk to select a hearing date that differs from the requested date on the pleading when the inmate is the moving party. The hearing date on the order for telephonic appearance will take precedence over any other date that may appear on the pleadings. (Eff. 1/1/99; amended 7/1/08) RULE 306 – Preparation and Approval of Orders A. Unless the parties waive notice or the court orders otherwise, the party prevailing on any motion must prepare, serve, and file the proposed order in the manner provided for in California Rules of Court, rule 3.1312. B. For purposes of compliance with California Rules of Court, rule 3.1312(c)(2), copies of orders shall be submitted to: efile@kings.courts.ca.gov. C. Once signed, orders submitted to the court pursuant to California Rules of Court, rule 3.1312 will be returned only to the submitting party. It is the responsibility of the submitting party to serve all other parties with a copy of the executed order via Notice of Entry of Judgment or Order (CIV- 130). D. It is the policy of the Kings County Superior Court not to sign orders or judgments unless some portion of the text of the order or judgment appears on the page to which the judicial officer’s signature is affixed, so that the connection between the signature page and the remainder of the order or judgment is apparent. (Eff. 1/1/99; amended 7/1/17) RULE 307 – Filing Proof of Publication Five Days Before Hearing In any matter, including probate petitions, petitions for change of name, or other civil matters, where notice or service by publication is a prerequisite for the court’s ability to entertain the petition, motion, or proceeding, proof of publication shall be filed with the court at least five (5) court days before the motion is to be heard. Failure to comply with this rule may result in removal of the matter from calendar, a continuance of the hearing in question, and sanctions payable to any party inconvenienced by the offending party. (Eff. 1/1/99 as Rule 310; amended and renumbered 7/1/08) RULE 308 – Prerogative Writs A. Service of Petition – Code of Civil Procedure section 1107 requires service of the verified petition before it is filed and requires that the application for a writ be accompanied by proof of service of a copy of the application upon the respondent and the real party in interest. The petition may be filed without a proof of service, but no action (other than summary denial) can be taken on the petition unless there is compliance with the service provisions of Code of Civil Procedure sections 1107 and 1088.5 and (E) below. B. Manner of Service – A petition must be served in the same manner as summons and complaint. C. Persons to be Served – Where the respondent or real party of interest is a board or commission, service must be made upon the presiding officer, or upon the secretary, or upon a majority of the members of such board or commission. D. Orders to Show Cause and Motions 1. Motions – The hearing on a petition is the trial of the case. It may be set by noticed motion in the manner generally governing motions. Absent a need to appear ex parte for a stay or other temporary order, use of the motion procedure is preferred. 2. Order to Show Cause – The hearing on a petition may be set by order to show cause but this is rarely done. E. Alternative Writs 1. Prior Service of Application – Absent a showing of good cause or waiver by the responding party, an alternative writ will not issue unless the application is served at least five (5) days before the ex parte hearing. 2. Briefing Schedule and Hearing Date – Issuance of the alternative writ places the matter on the court's calendar for hearing; it does not, in and of itself, accomplish a stay or afford any affirmative relief. It may issue without notice but not without compliance with proper ex parte notification. If issued, it must be served in the same manner as a summons in a civil action unless the court orders otherwise. (Code Civ. Proc., § 1073.) A briefing schedule will be set by the court at the time the alternative writ is issued. F. Pleadings – The rules of practice governing civil actions are generally applicable. The respondent may file a demurrer, motion to strike or answer, or otherwise appear. A writ of mandate cannot, however, be granted by default; the case must be heard by the court whether the adverse party appears. (Code Civ. Proc., § 1088.) G. Evidence – In administrative mandate proceedings (Code Civ. Proc., § 1094.5) the evidence before the court is confined to the administrative record, unless the exception in subdivision (e) of Section 1094.5 applies and a declaration establishes the application of the exception. In other kinds of writ proceedings, evidence is presented by way of declarations, deposition testimony, etc., and not by oral testimony unless the court, in its discretion, permits it. Setting the writ for hearing before the record is prepared or before the evidence is gathered serves only to unnecessarily clog the court's calendar since the hearing must be continued if the record is not available or the evidence otherwise is incomplete. H. Scope of Review – The scope of the court's review (i.e., "substantial evidence" vs. "independent judgment") depends upon the nature of the relief sought and a variety of other factors. The parties must state their position on this issue in the memoranda filed in support of and in opposition of the issuance of the writ. I. Summary Denial – Petitions that are defective, incomplete, lack adequate supporting documentation, fail to state a prima facie claim for relief, or fall outside the scope of the court’s jurisdiction may be summarily denied. Abuse of the writ process may subject the petitioner to appropriate sanctions. (Eff. 7/1/08)