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Chapter 7 (Law and Motion; Rules 7.1 to 7.13): law and motion judges designated by the Presiding Judge (Rule 7.1); civil law and motion matters heard in Monterey, as reflected on the court's website (Rule 7.2); the matters included (Rule 7.3); stipulated continuances, the clerk's office notified at least two court days prior (Rule 7.4); matters needing more than fifteen (15) minutes specially reset (Rule 7.5); uncontested civil matters set on Local form CI-133 at least 15 days prior to the date requested (Rule 7.6); remote appearance in non-evidentiary law and motion hearings (Rule 7.7); tentative rulings under California Rules of Court, rule 3.1308(a)(1) (Rule 7.9); ex parte applications under rules 3.1200 – 3.1207, filed by 10 a.m. on the court day preceding the hearing date (Rule 7.11); the executed original of an amended pleading e-filed as a separate document (Rule 7.12); and the Discovery Facilitator Program, whose rules are posted on the court's website (Rule 7.13).
California > Sixth Appellate District > Monterey County > Superior Court of California, County of Monterey
CHAPTER 7 LAW AND MOTION 7.1 LAW AND MOTION JUDGES The law and motion judges shall be designated by the Presiding Judge. (Adopted October 1, 1998; Amended July 1, 2015) 7.2 LAW AND MOTION CALENDAR Civil Law and Motion matters are heard in Monterey, as reflected on the court’s website. (Adopted October 1, 1998; Amended July 1, 1999; Amended January 1, 2001; Amended July 1, 2003; Amended July 1, 2013; Amended July 1, 2015; Amended July 1, 2017) 7.3 MATTERS INCLUDED The Civil Law and Motion Departments shall handle, issue, and sign all orders in Civil Law and Motion matters. All ex parte motions and orders for injunction, writs of mandate, non-family law restraining orders, writs of prohibition, and ex parte provisional remedies, such as attachments and appointment of receivers, shall be assigned by the supervising judge or designee. (Adopted October 1, 1998; Amended July 1, 2015; Amended July 1, 2017) 7.4 CONTINUANCES A. The parties may, with good cause, stipulate to continue a law and motion matter for a reasonable amount of time. The clerk’s office must be notified of such stipulations at least two court days prior to the scheduled hearing. B. All requests for stipulated continuances of law and motion matters must be made to the judge scheduled to hear the matter. The request must indicate good cause for the continuance, describe the basis for previous stipulated continuances, if any, and state the position of opposing counsel regarding the continuance. Failure to appear at the date and time set for hearing, may result in the matter being dropped from the calendar. (Amended July 1, 2003; Amended July 1, 2012; Amended July 1, 2015) 7.5 LONG MATTERS Upon calling a law and motion matter, if it should appear that more than fifteen (15) minutes will be required, the court may specially reset the hearing. (Adopted October 1, 1998, Amended July 1, 2012) 7.6 UNCONTESTED CIVIL MATTERS No uncontested civil matter shall be heard unless application is filed with the clerk, using Local form CI-133, Request to Set Hearing, found on the court’s website, at least 15 days prior to the date requested, unless an emergency exists which requires an earlier hearing. No matter shall be set unless all pleadings, stipulations and other necessary papers are on file with the clerk and default, if required, has been entered. (Adopted October 1, 1998; Amended July 1, 1999; Amended July 1, 2015) 7.7 REMOTE APPEARANCE IN CIVIL LAW AND MOTION HEARINGS In accordance with the provision of California Rules of Court, rule 3.670 and 3.672, counsel and unrepresented litigants shall have the option of appearing by telephone or video conference in any conference or non-evidentiary law and motion hearing, excluding settlement conferences. Personal appearance may be required in accordance with the court’s obligation to ensure, pursuant to California Rules of Court, rule 3.670, that statements are audible. (Adopted July 1, 1999; Amended July 1, 1999; Amended July 1, 2004; Amended July 1, 2007; Amended July 1, 2017; Amended January 1, 2024) 7.8 REPEALED (Adopted January 1, 2004; Obtaining an expedited order after hearing or stipulation - Repealed January 1, 2011) 7.9 TENTATIVE RULINGS A. Procedure The court follows the tentative ruling procedure set forth in California Rules of Court, rule 3.1308(a)(1) for civil law and motion matters, probate matters and family law and motion matters. B. Availability of Rulings Tentative rulings will be available on the court’s website and by telephone at (831) 647-5800 ext. 3040, by 3:00 p.m. on the court day before the scheduled hearing. C. Oral Argument 1. Directed by Court. If the court desires oral argument, the tentative ruling will so direct. The tentative ruling may also note any issues on which the court wishes the parties to provide further argument. 2. Requested by a Party. If the court has not directed oral argument, oral argument will be permitted only if a party notifies all other parties and the court, by 4:00 p.m. on the court day before the scheduled hearing, of the party’s intention to appear. The notification to the court may be in person, by telephone to (831) 647-5800 ext. 3040 or by email at TentativeRulings@monterey.courts.ca.gov. Notice to the other party must be by telephone or in person, as required by California Rules of Court, rule 3.1308(a)(1). Confirmation by email, text message or any other means agreed to by the parties is encouraged. D. Final Ruling Absent a court order for oral argument or a request for a hearing by any party, the tentative ruling will become the final ruling of the court, and the hearing shall be vacated. E. Tentative Rulings Not Required This local rule does not require any judge to issue tentative rulings. F. No Tentative Ruling Whenever a tentative ruling has not been issued, the parties are to appear at the scheduled hearing unless otherwise ordered. G. Preparation of Order After the Court issues a final ruling, with or without oral argument, the prevailing party shall prepare an order after hearing consistent with California Rules of Court, rule 3.1312 and submit it to the Court for execution and filing, unless otherwise ordered by the Court. (Adopted July 1, 2023) 7.10 REPEALED (Adopted October 1, 1998; Summary judgment and summary adjudication of issues - Repealed July 1, 2012) 7.11 EX PARTE APPLICATIONS Except as otherwise specifically provided by these rules, requests for ex parte relief in civil cases shall be presented in conformance with California Rules of Court, rules 3.1200 – 3.1207. Hearing time and dates for Ex Parte Applications can be found on the court’s civil webpage at www.monterey.courts.ca.gov/civil/. In exceptional circumstances, the court may allow appearance as a special setting. If a special setting is allowed by the court, the application will be informed by the court and will be required to re-notice all parties. In addition to compliance with California Rules of Court, rules 3.1200 – 3.1207, the application and all supporting papers shall be filed with the court by 10 a.m. on the court day preceding the hearing date. Copies of any responding papers should be submitted prior to the hearing, if possible. Late- submitted moving papers will be accepted for filing and presented to the appropriate judicial officer pursuant to California Rules of Court, rule 3.1205. However, parties are advised that the late submittal of ex parte application and supporting documentation may cause the hearing and/or decision thereon to be delayed. An ex parte application will be considered without a personal appearance in the cases set forth in California Rules of Court, rule 3.1207, and in those cases where the parties have stipulated that the ex parte application and any opposition may be determined without a personal appearance. (Adopted January 1, 2004; Amended January 1, 2005; Amended July 1, 2010; Amended January 1, 2011; Amended July 1, 2014; Amended July 1, 2016; Amended July 1, 2017; Amended January 1, 2019) 7.12 EXECUTED ORIGINAL OF AMENDED PLEADING The purpose of this rule is to ensure the court’s records include an e-file version of every amended pleading as a separately e-filed document as provided in Local rule 1.7(F). As set forth in other rules, amendment of pleadings requiring leave of the court may be made upon the granting of a motion or by stipulation. A. If the motion to amend is granted, the original executed amended pleading shall be e-filed by the moving party. B. If upon stipulation: The proponent of the amended pleading must e-file the executed proposed amended pleading along with the stipulation. These documents must not be attached to the stipulation or to any other document. (Adopted July 1, 2012; Amended July 1, 2013; Amended July 1, 2016, Amended January 1, 2023) 7.13 DISCOVERY FACILITATOR PROGRAM The court has adopted a Discovery Facilitator Program. Parties are encouraged to utilize this program for resolving discovery disputes. The purpose of the program is to provide a vehicle where parties and counsel resolve discovery disputes in an economical, flexible, and participant-controlled manner while avoiding the risk of delay and the imposition of sanctions inherent in formal discovery motion practice. The rules of the program are posted on the court’s website on both the civil and mediation pages: https://www.monterey.courts.ca.gov/mediation/discovery-facilitation (Adopted effective July 1, 2015; Amended July 1, 2017; Amended January 1, 2019; Amended July 1, 2020)
CHAPTER 7 LAW AND MOTION 7.1 LAW AND MOTION JUDGES The law and motion judges shall be designated by the Presiding Judge. (Adopted October 1, 1998; Amended July 1, 2015) 7.2 LAW AND MOTION CALENDAR Civil Law and Motion matters are heard in Monterey, as reflected on the court’s website. (Adopted October 1, 1998; Amended July 1, 1999; Amended January 1, 2001; Amended July 1, 2003; Amended July 1, 201
Reviewer note: Composed 2026-10-07 (California T4 Monterey build 2026-10-07) from BenchPath custody ca/t4/ca-monterey/docs/local-rules/local-rules-court_7126.pdf (4421478 bytes, sha256 6cfb26d8558478433c17c16338ee58feefb8ffa50636d888812c530751d033fb; 192 pages; this chapter's rules are pages 95 to 98) with the shared verbatim composer (v2 reflow). Each chapter opens on its own page with its own table of contents (a finding aid, not carded); the running header lines (LOCAL RULES OF COURT; MONTEREY COUNTY SUPERIOR COURT) and the page numbers removed as chrome, the chapter number and name kept once as the card's heading; the cover, the book's table of contents, the alphabetical index and the reserved Chapters 5 and 13 belong to no card; the strike report found no struck text; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Review note: Published as printed (read on the page): Rule 7.11 “Late- submitted” (a space after the hyphen).
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.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.