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Official court reporters in felony criminal and juvenile delinquency and dependency cases; an Official Court Reporter for in forma pauperis litigants, on request, in the listed civil and family law hearings, with an order granting a fee waiver on file (or a Request to Waive Court Fees) and the Court Reporter Notice & Request Form filed and served no later than seven (7) days before the hearing (a late request may be a waiver); otherwise a private reporter at the party's cost; transcripts contracted from the reporter under Government Code Section 69950 on the Transcript Request Form; and juvenile transcripts on the Transcripts of Juvenile Hearings Application, approved by the Judge of the Juvenile court.
Department 10 (Criminal Division): starting on August 6, 2026, the Court's Pilot Project uses the Judicial Council plea form CR-101 in all felony cases; written waivers are required for all pleas in misdemeanor cases (the Misdemeanor Waiver of Rights; the Misdemeanor DUI Waiver of Rights); motions for mental health diversion under Penal Code § 1001.36 and the Department's guidelines; the Non-CBH Mental Health Conditions of Release Order that defense counsel must submit when treatment is outside County Behavioral Health; the Health & Safety Code § 11395 treatment program forms; and the Sheriff's Office alternative sentencing applications.
Family Court Services: mediation required by state law when parents disagree about custody; telephone mediation for parents outside San Luis Obispo County approved in advance, the Mediation Intake Form received at least 24 hours before the appointment; mediation for parents only; separate sessions in domestic violence cases; child custody evaluations and the forms each parent delivers; the Family Court Services Subpoena Process - an official subpoena (form SUBP-001) served at least 10 calendar days before the hearing, the evaluator's availability confirmed, a $275 witness fee, and notice when the hearing is taken off calendar or continued; the online parenting class whose certificate satisfies the court's parent education requirement before final orders; and the stepparent adoption questionnaire.
Interpreters for all non-English speaking defendants, parties and witnesses in courtroom proceedings: Certified Spanish Court Interpreters at no cost in the listed case types, requested as early as possible outside criminal and juvenile matters (form INT-300 to the Interpreter Coordinator); for other languages in family law, small claims, probate, civil harassment, unlawful detainer and civil cases, form INT-300 returned at least 72 hours before the hearing; attorneys of record complete INT-300 and give notice when the party or witness will not be present; sign language interpreters on Judicial Council Form MC-410; and language access complaints.
Juvenile Transfer Information under Rule 5.610(f)(2) of the CA Rules of Court: transfer-in hearings in juvenile delinquency on Monday and Thursday at 8:00 AM at the Juvenile Services Center, 1065 Kansas Avenue, and in juvenile dependency on Wednesday and Thursday at 1:00 PM at the Courthouse Annex, 1050 Monterey Street, Department 12; the clerk's contact; juvenile case information confidential and none given by telephone; and requests to seal records.
Official Reporters Pro Tempore: the undertakings each accepts - a current California Certified Shorthand Reporter License, appearance fees borne by the parties who arranged the reporter, timely transcripts in appellate form, notes left with the court, the court's direction and jurisdiction, and read-backs to juries; daily check-in with the courtroom clerk, the Reporter Calendar and raw notes to the Court Reporter Supervisor; transcripts treated as official (Government Code Section 69955(a); Code of Civil Procedure Section 273(a)); and the appeal procedure - the Lead Reporter Sheet, the deposit waiver under CRC Rule8.130(b)(3)(A), Rule 8.144, and invoices under Government Code Section 69950.
Probate: all probate matters filed and heard at the Civil & Family Law Branch in San Luis Obispo; letters of conservatorship issued after the proposed conservator views the video and reads the Handbook for Conservators; a $50 fee to lodge a will; the additional $30 fee for court reporting services in a hearing under one hour (Government Code section 68086(a)(1)(A)); probate notes - the first version posted within a week of the hearing and updated the day before; new cases set 4 to 5 weeks out and other requests within 10 to 12 weeks; remote appearance in most uncontested matters (California Rules of Court 3.670); certified copies after the initial hearing; and probate appeals ($775.00; 60 days, or 180 days without notice).
Requests for ancillary services at public expense, presented for consideration and order by the Assistant Presiding Judge: the declaration, a factual overview, the viable defenses, an itemization of hours, rates and fees, what the investigator or expert will do, prior funding and counsel's status; supplemental funds requested in advance (retroactive fees may be denied); a proposed order with the provider's name and license, a maximum cap and the rates; submission online, by emailing slocrim@slo.courts.ca.gov, by mail or in person, or in the courthouse drop boxes; confidentiality; and payment claims to the County of San Luis Obispo with a certified copy of the order.
Department 10's requirements for mental health diversion: a case is assigned to Department 10 once the trial court has made a prima facie finding of eligibility under Penal Code section 1001.36, subd. (e); no hearing without a properly noticed motion including an alienist report, filed and served in advance, and screening by the County Behavioral Health Department (CBH) and by the Probation Department; a proposed treatment plan prepared by CBH or, when treatment is outside CBH, a detailed plan by the provider - the provider's credentials, every area the alienist identified, the treatment components and their frequency, any drug testing protocol, the defendant's progress and the provider's willingness to report - filed and served in advance; and an approved plan attached to the Order Re Conditions of Release for Mental Health Diversion.
The presumptive diversion terms the CMD Protocol applies, offense by offense (Penal Code; Vehicle Code; Business & Professions Code; Welfare & Institutions Code; Health & Safety Code): whether diversion is presumptively unavailable and, where it is offered, the diversion period (from 6 months to 18 months) and its terms - community work service hours, restitution, stay-away orders, search terms, classes and meetings; VC 23152 and VC 23153 offenses not eligible; and HS 11377, HS11350 and HS11550 presumptively not diverted, given the existing PC1000 and Prop 36 programs.
The court's misdemeanor diversion procedure: diversion offered by the court or requested by the defendant, with time waivers and consent to the court's review of the police reports; presumptive eligibility and the terms set by the CMD guidelines; the CMD Agreement; a hearing for proof of enrollment two weeks after diversion is granted, taken off calendar if proof is filed no later than five court days before it; restitution through the Probation Department with a 15% collection fee, or by civil compromise; progress hearings and a hearing for proof of completion; the prosecuting attorney's objections and victims' right to be heard; violation hearings on no less than 30 days' written notice; the effect of successful completion; and the offenses excluded (registration offenses under Section 290, Sections 273.5, 243(e) and 646.9, and Vehicle Code Section 23152 and 23153).
How parties submit audio and video files for a child custody evaluation: files scanned for viruses and never compressed or zipped, uploaded to the evaluator's SharePoint folder (each party needs a Microsoft Office account); an email first to the evaluator and all parties with each file's name, the date and time of the recording, a brief description and its length, and a transcript; no materials recorded without the recorded party's explicit consent; no more than 20 items and nothing more than 10 years old, absent the court's exception; and the evaluator's deadline for supplemental materials.
The order issued whenever a family law case is assigned, served by the petitioner on all parties: civility; in-person appearances - Zoom only for domestic violence restraining order hearings and non-evidentiary appearances, or on a request (local form FL015) made seven (7) days before the hearing and granted; continuances - one Request for Order or Trial Setting Conference continuance freely granted, by email no later than the day before the hearing at 3:00 PM when both parties agree; meet and confer before a request for order hearing under rule 5.98; mediation with Family Court Services if not attended within the past 120 days; current Income and Expense Declarations (FL-150) and Xspouse calculations; the moving party prepares the findings and order after hearing (CRC 5.125); the path to a long-cause hearing or trial - settlement conferences, the Trial Setting Conference, meaningful meet and confers and the Trial Readiness Statement; motions in limine five (5) court days before trial, oppositions two (2) court days before; hard-copy exhibits; objections; and communications with the clerk copied to the other side.
How to appeal an administrative citation decision: a notice of appeal filed with the clerk of the civil division with the filing fee and a copy of the administrative order, served on the issuing agency - within twenty (20) calendar days after service of the order for a local agency ordinance, thirty (30) calendar days for a Vehicle Code or Public Utilities Code violation, or a writ petition under Code of Civil Procedure, § 1094.5 within ninety (90) calendar days; the nature of an appeal; the Proposed Statement on Appeal and the proof of service filed before the hearing; testimony and the hearing; filing fees of $25.00 (a parking citation or administrative fine) and $45.00 (a dangerous or vicious dog) under the 2020 fee schedule; and submitting the appeal on the paperwork only.
Chapter 12 (Rules 12.00 to 12.13): the Juvenile Court and its presiding judge (Rules 12.00 and 12.01); detention facilities, transportation of minors and the Juvenile Admission Record (Rules 12.02 to 12.04); petitions filed at the Courthouse Annex and fax filings under rule 5.522 (Rule 12.05); referees and traffic hearing officers (Rules 12.06 and 12.07); release of information under Section 827 of the Welfare & Institutions Code (Rule 12.08); calendars, heard at the Juvenile Services Center unless the judicial officer provides otherwise (Rule 12.09); the guidelines for Court Appointed Special Advocate programs (Rule 12.10); social study reports under Rules 5.220 and 5.242 (Rule 12.12); and suppression motions under Welfare and Institution Code Section 701 (Rule 12.13).
Chapter 13: Rules 13.00 and 13.01 repealed; Rule 13.02 - involuntary medication: on a writ of habeas corpus under Welfare and Institutions Code Section 5275, the agency's certification under Section 5251 includes a statement of the necessity of psychotropic medication, and the agency seeks an order for involuntary medication with its request for 14 days intensive treatment.
Chapter 14 (Rules 14.00 to 14.06): monthly sessions of the Appellate Division (Rule 14.00); briefs not exceeding 6800 words under Rule 8.883 (Rule 14.01); dismissal for failure to file an opening brief (CRC Rule 8.220) (Rule 14.03); settled statements on appeal under Rules 8.850-8.891 and Judicial Council Forms CR133 through CR135 (Rule 14.04); writ jurisdiction in misdemeanor, limited civil and infraction cases, a panel of three judges (Rule 14.05); and the appellate record (rules 8.833(a) and 8.864) (Rule 14.06).
Chapter 15 (Rules 15.00 to 15.03): notice of an ex parte request to the opposing party no later than 10:00 a.m. the court day before the ex parte appearance, absent exceptional circumstances; special notice requests; appointments with the judge by telephone ((805) 706-3600); nonappearance ex parte applications delivered to the clerk's office (Rule 15.00); the judges to whom applications, including writs, are presented (Rule 15.01); and a proposed order with every application (Rule 15.03).
Chapter 16 (Rules 16.00 to 16.09): the rules implementing the California Code of Civil Procedure (sections 195 et seq.) and the California Penal Code (sections 903.1 et seq.) (Rule 16.00); the Jury Commissioner (Rule 16.01); juror selection from the voter registration and Department of Motor Vehicle files (Rule 16.02); disqualification, exemption, excuse and deferment (Rule 16.03); panel selection (Rule 16.05); juror fees of $15 a day from the second day of service and 17 cents per mile (Rule 16.06); juror information (Rule 16.07); grand jurors (Rule 16.08); and jury districts (Rule 16.09).
Chapter 18 (Rules 18.00 to 18.02): official court reporting in designated felony criminal and juvenile dependency and delinquency proceedings; an Official Court Reporter for litigants who qualify for a fee waiver, on request, in the civil and family law hearings listed, with a fee waiver on file (or a Request to Waive Court Fees, FW-001), and the Notice and Request for Court Reporter filed and served no later than seven (7) days before the hearing (Rule 18.00); pro tempore reporters, compensated under Government Code section 70059.9 (Rule 18.01); and electronic recording in infractions, misdemeanors, limited jurisdiction civil and selected unlimited civil cases (Rule 18.02, amended effective July 1, 2026).
Chapter 19 (Rules 19.00 to 19.43, adopted effective July 1, 2026): purpose, drafting conventions and scope; the Family Law Division's judicial assignments and calendaring (Rule 19.03); venue with Local Form FL013 (Rule 19.04); the Family Law Facilitator; Judicial Council forms and double-spacing; self-represented parties; interpreters - written notice at least one week before the hearing (Rule 19.08); communication with the court and the designated department email addresses (Rules 19.09 and 19.10); alternative dispute resolution; temporary emergency orders and domestic violence restraining orders (Rules 19.12 and 19.13); calendaring requests for order (Rule 19.14); pre-hearing settlement efforts and meet and confers under rule 5.98 (Rules 19.15 and 19.16); settlements, mediation, proof of service and continuances; court appearance - personal appearance required, remote appearance the exception (Rule 19.21); failure to appear; the request for order calendar, evidence and time estimates; trial dates by Joint At-Issue Memorandum, Local Form FL003 (Rule 19.26); exchange of financial documents (Rule 19.27); pre-trial management orders for trials and long-cause hearings (Rule 19.28); bifurcated trials on Form FL-315 (Rule 19.29); non-appearance status reviews; orders and judgments prepared within ten (10) days following the hearing (Rule 19.31); marital settlement agreements; the surrogacy judgment checklist (Local Form FL016); Family Court Services mediation when the parties have not attended mediation within the past 120 days (Rules 19.34 to 19.38); custody evaluations under rule 5.220 (Rule 19.39) and Evidence Code § 730 evaluations (Rule 19.40); confidentiality of child welfare records (Rule 19.41); and counsel for minors (Rules 19.42 and 19.43).
Chapter 25 (Rules 25.01 to 25.04): disclosure of counsel's interest in the compromise of an incompetent's disputed claim (Rule 25.01); the schedule of counsel fees in actions on a promissory note, a contract providing for counsel fees and foreclosure (Rule 25.02); the determination of the county cost of court-appointed counsel and public defense services (Rule 25.03); and increased fees in unusual cases, on written noticed motion (Rule 25.04).
Chapter 26 (Rules 26.00 to 26.04): the actions arbitrated - on stipulation, on the plaintiff's election, or by court order (Rule 26.00); sanctions for failing to attend and participate in good faith (Rule 26.01); the arbitrator's compensation of $250.00, borne pro rata, parties proceeding in forma pauperis exempt (Rule 26.02); selection of the arbitrator on the date of referral from the Arbitration Coordinator's list (Rule 26.03); and the Code of Civil Procedure and California Rules of Court governing (Rule 26.04).
Chapter 27 (Rules 27.00 to 27.05): applicability to all trials (Rule 27.00); jury instructions - CACI and CALCRIM (Rule 27.01); the documents filed 5 court days before trial - a statement of the case and issues, the time estimate, stipulated facts, voir dire requests, a witness list and motions in limine (Rule 27.02); civil motions in limine filed and served not later than five court days before the first calendar call (Rule 27.03); summary jury trials for civil jury trials of ten (10) or more days (Rule 27.04); and voluntary summary jury trials (Rule 27.05).
Chapter 28: Rule 28.00 - interpreters certified under Government Code section 68565 unless the court waives the requirement, and the clerk's list of court approved interpreters; Rule 28.01 repealed.
Chapter 30: no officer of the court required to accept payment in coin (Government Code section 24383) (Rule 30.00); and the conditions on which a personal check, cashier's check, draft, money order or traveler's check is accepted, and refusal of irregular checks or checks from persons who have tendered worthless checks (Rule 30.01).
Chapter 31 (Rules 31.01 to 31.07): electronic filing under Code of Civil Procedure 1010.6 and rules 2.255 et seq. (Rule 31.01); approved electronic filing sites (Rule 31.02); filing deemed on the date submitted if received by 11:59:59 p.m. on a court day (Rule 31.03); fee waivers under sections 68632 and 68633 of the Government Code (Rule 31.04); the items not electronically filed - wills and testamentary trusts, bonds, subpoenaed documents, Probate Code Sec. 2620 documents, vital records forms, oversized exhibits, documents lodged under seal, DMV records and others (Rule 31.05); electronic filing required in limited and unlimited civil, probate and all family law cases, self-represented parties exempt under section 2.253(b)(2) (Rule 31.06); and electronic filing highly encouraged in criminal, juvenile and traffic cases (Penal Code Section 690.5(a)) (Rule 31.07).
Chapter 32: when filing dates are extended under Government Code section 68115, the assigned judicial officer may deem a civil or family law document filed on an earlier date for good cause (Rule 32.01, adopted effective April 13, 2020); Rule 32.02 on face coverings repealed effective January 1, 2024; and unlawful detainer mandatory settlement conferences, set with the trial on a Request to Set for Trial, not exceeding two (2) hours, attended by the parties, counsel and persons with settlement authority, electronically under Local Rule 2.09 (Rule 32.03, amended effective January 1, 2026).
Chapter 10 (Rules 10.00 to 10.18): filing under the Court Filing Procedures (Rule 10.00); bail requests to the judge who set bail (Rule 10.01); calendaring - the locations of in-custody and out-of-custody arraignments (Rule 10.03); misdemeanor calendar events - pleas within the time Penal Code section 990 provides (Rule 10.05); felonies - arraignments in the Early Disposition Program department, then assignment for all purposes (Rule 10.06); law and motion before the assigned judge, Penal Code section 995 motions to another judge (Rule 10.07); the continuance policy (Rule 10.08); photographing and recording under California Rule of Court 1.150 as modified (Rule 10.09); trials (Rule 10.10); sentencing - at least 10 days' notice to calendar a probation modification (Rule 10.11); traffic school under Rule 4.104 (Rule 10.12); time standards (Rule 10.13); trial by declaration under Vehicle Code Section 40902 (Rule 10.14); counter arraignments (Rule 10.15); writs (Rule 10.16); petitions for dismissal under Penal Code section 1203.4 and related sections (Rule 10.17); and ancillary defense expenses, by ex parte application for the Assistant Presiding Judge in compliance with the guidelines on the court's website (Rule 10.18).
Chapter 11 (Parts One to Twenty): the general procedural guide - applicability to estates, guardianships, conservatorships, trusts and minor's compromises (Rule 11.101), addresses (Rule 11.102), the probate calendar and appearances by counsel (Rule 11.103), filing times under Rules 3.1100-3.1312 (Rule 11.104), forms (Rule 11.105), the hearing date below the case number on every document (Rule 11.106), probate notes posted at least three (3) court days before the hearing (Rule 11.109), continuances requested at least two (2) days before the hearing (Rule 11.110), contested matters, law and motion and ex parte procedures (Rules 11.111 to 11.113) and financial institution statements (Rule 11.114); notices; the appointment of executors and administrators; other petitions; orders; inventory and appraisal; creditors' claims; sales; accounts; fees and commissions; distribution and discharge - a petition or status report within one year of letters, or 18 months where a federal estate tax return is required (Rule 11.1101); establishing the fact of death; small estates; independent administration; trusts; guardianships (form GC-210); conservatorships (form GC-310); provisions common to both; property of minors; and minor's claims; with Appendices A to D.
Chapter 1 (Rules 1.00 to 1.06): the rules' adoption under Government Code Section 68070, effective only so far as they do not conflict with California statutes or the California Rules of Court (Rule 1.00); court policies and procedures, including probate and trial manuals (Rule 1.01); publication (Rule 1.02); the court's name (Rule 1.03); construction - supplementary to and subject to the California Rules of Court, with no retroactive effect (Rule 1.04); amendment or repeal at a meeting of the judges on seven days' written notice, by a majority vote of the judges attending (Rule 1.05); and sanctions for non-compliance - striking pleadings, dismissal, default or lesser penalties and expenses (Rule 1.06).
Chapter 2 (Rules 2.00 to 2.09): meetings of the judges - an annual meeting in the first two weeks of November, notice five days before it or 24 hours before a special meeting (Rule 2.00); the presiding judge and assistant presiding judge, elected by secret ballot for two-year terms beginning January 1 of an even year (Rule 2.01); court commissioners and juvenile referees (Rule 2.02); the court locations - the Courthouse Annex, 1035 Palm Street, San Luis Obispo; 901 Park Street, Paso Robles; 214 S. 16th Street, Grover Beach; the Juvenile Services Center, 1065 Kansas Avenue; and Veterans Hall, 801 Grand Street (Rule 2.03); the Court Executive Officer, who is also the court's clerk and jury commissioner (Rule 2.04); court personnel and the conflict of interest code (Rules 2.05 to 2.07); court security by the Sheriff and the rules on weapons and conduct (Rule 2.08); and remote court appearances by videoconference - the participants connect at least five (5) minutes early for a pre-hearing check, appearance procedure and decorum, no recording except under California Rules of Court, Rule 1.150 (Rule 2.09).
Chapter 3 (Rules 3.00 to 3.04): distribution of business by the presiding judge (Rule 3.00); the judges' submission list - a judge with a matter under submission for more than 90 days handles no further business until it is decided (Rule 3.02); the daily calendar and the civil and family law and motion calendars (Rule 3.03); and remote appearances at non-evidentiary hearings - attorneys and self-represented parties may appear remotely unless an in-person appearance is ordered or required by law, with no written request or advance notice (Rule 3.04).
Chapter 4 (Rules 4.00 to 4.03): papers complying with the California Rules of Court and the latest Judicial Council forms, with addenda where a form is inadequate (Rule 4.00); a substitution of a party in propria persona valid only with the party's mailing address (Rule 4.01); conformed copies by mail with a self-addressed, postage prepaid envelope, at most two copies (Rule 4.02); and pleadings identifying each parcel in a multi-parcel eminent domain action (Rule 4.03).
Chapter 5 (Rules 5.00 to 5.06): exhibits attached to filings under California Rules of Court, Sections 2.100 and 3.1110, double-sided originals inverted (tumbled), and foreign-language exhibits with a verified English translation (Rule 5.00); court records - papers removed or replaced only by the Clerk of the Court, and the return of exhibits (Rule 5.02); the priority filing system - the date and time of any pending trial or hearing below the caption, and a face sheet on a proof of service for a hearing (Rule 5.03); and the removal of exhibits and files (Rules 5.05 and 5.06).
Chapter 7 (Rules 7.00 to 7.23): the law and motion rules of the California Rules of Court and their mandatory time requirements (Rules 3.1300, 3.1306, 3.1320, 3.1326, 3.1176, 3.1150, and 3.1342) (Rule 7.00); demurrers stating the filing date of the pleading attacked (Rule 7.01); hearing dates assigned by the Clerk's Office, notice by the moving party and proof of service filed at least five (5) court days before the hearing (Rule 7.05.1); continuances (local form CV008) and withdrawal of motions (local form CV009), with restoration only on noticed motion (Rules 7.06 and 7.07); evidence by declaration (Rule 7.08); tentative rulings at the assigned judge's discretion under rule 3.1308(a)(2) (Rule 7.11.1); ex parte applications served by 10:00 a.m. and filed by 2:00 p.m. on the day preceding the hearing (Rule 7.12); CourtCall telephonic appearances (Rule 7.13); sanctions (Rule 7.15); administrative mandamus records (Rule 7.16); no regular reporting of law and motion hearings (Rule 7.17); default settings (Rule 7.18); orders after hearing (Rule 7.19); proposed orders with name change and civil harassment petitions (Rule 7.21); and the labels “Discovery – No Initial Responses” and “Discovery – Other” on discovery motions (Rule 7.23).
Chapter 9 (Rules 9.00 to 9.28): case management from filing to disposition under Government Code Section 68607, each civil case assigned to one judge for all purposes (Rule 9.00); exempt proceedings (Rule 9.01); uninsured and underinsured motorist cases (Rule 9.02); sanctions (Rule 9.03); no waiver of deadlines by stipulation except as Government Code section 68616 or the court permits (Rule 9.04); court-ordered mediation, notice served within 20 days (Rule 9.07); non-binding judicial arbitration (Rule 9.08); binding arbitration (Rule 9.09); the papers the plaintiff receives on filing, the Case Management Conference set within approximately 180 days (Rule 9.11); service of the summons and complaint within 60 days with the Civil Case Management Policy, the Notice of Assignment and Case Management Conference, a blank Case Management Statement and the ADR Policy Statement (Rule 9.12); transferred cases (Rule 9.13); responsive pleadings and defaults (Rule 9.14); the parties' conference no later than 30 days before the Case Management Conference and statements filed fifteen days before it (Rule 9.15); case evaluation (Rule 9.18); limited civil cases in the branch courts (Rule 9.19); the differential case management plans - disposition within 12, 18 or 24 months (Rule 9.24); venue (Rule 9.27); and small claims venue (Rule 9.28).
The case management rules govern all applicable civil cases; a court may by local rule exempt specified types or categories of general civil cases if it has alternative case-processing and trial-setting procedures, which must be included in its local rules; wherever a court sets an initial case management conference, the rules apply.
Time periods under the California Rules of Court are computed by excluding the first day and including the last; if the last day is a Saturday, Sunday or other legal holiday it is excluded and the period runs to the next day that is not a holiday. Unless otherwise provided by law, the court may extend or shorten the time within which a party must perform any act under the rules.
Each ground of demurrer must be stated in a separate paragraph; a demurrer must be served and filed with a notice of hearing set under Code of Civil Procedure section 1005, for a hearing not more than 35 days after filing or on the first date available thereafter; following a ruling, leave to answer or amend within 10 days is deemed granted (5 calendar days in unlawful detainer and forcible entry or detainer cases), and the defendant has 10 days to answer or otherwise plead after the demurrer is overruled, the time to amend expires, or the demurrer is sustained without leave to amend.
When a court receives an electronically submitted document it must promptly send the filer confirmation of receipt with the date and time, and a document is received when that confirmation is created; if the document complies with filing requirements and the fees are paid, the court must promptly confirm filing with the date and time, any transaction number, the titles as filed and the fees assessed; absent the court's confirmation there is no presumption of receipt or filing, and the filer is responsible for verifying; a rejection notice must state its reasons; and when a technical problem with the court's electronic filing system prevents acceptance on a court day, a document the filer shows was attempted that day is deemed filed that day, except for a complaint or other initial pleading.
A document that may be served by mail, express mail, overnight delivery or fax may be served electronically under Code of Civil Procedure section 1010.6; a party consents by serving and filing a notice with its electronic service address or by affirmative consent through the court's electronic filing system or service provider (form EFS-005-CV); a court may require electronic service by local rule or order, and a party required to file electronically must also serve and accept service electronically except as to parties, including self-represented parties, who are not required to; parties must promptly notify the court and all parties of a change of electronic service address; service is complete as section 1010.6 provides (on transmission or notification when a provider is used); proof of electronic service is made under section 1013b, and proof of service of moving papers must be filed at least five court days before the hearing.
A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify shorter notice; in an unlawful detainer proceeding shorter notice is permitted if the notice given is reasonable.
Moving and supporting papers are served and filed under Code of Civil Procedure section 1005 and the electronic filing and service statutes and rules; the court may shorten time on a showing of good cause; proof of service of the moving papers must be filed no later than five court days before the hearing; no paper may be rejected for filing as untimely, though the court may refuse to consider it; a paper submitted before the clerk's office closes on its due date is timely, and a court may provide by local rule that an electronically filed paper received before midnight on a court day is filed that day.
The court must set an initial case management conference in each case, with notice to all parties no later than 45 days before it unless the court orders otherwise; counsel and self-represented parties must appear in person or remotely as rule 3.672 provides, be familiar with the case and be prepared to commit to positions on the issues in rules 3.724 and 3.727; the court may issue a case management order without appearances, and by local rule may excuse attendance at initial conferences in limited civil cases.
A 'local rule' is every rule, regulation, order, policy, form or standard of general application adopted by a court to govern practice or procedure in that court, or by a judge to govern practice or procedure in that judge's courtroom; each court must make its local rules available for inspection and copying at every location that accepts filings, publish them through an official publisher, and file them electronically with the Judicial Council 45 days before the January 1 or July 1 effective date with a certificate stating, among other things, whether the court posts its local rules on its website; proposed rules other than calendaring rules must be distributed for comment at least 45 days before adoption; courts must periodically repeal outdated or inconsistent rules; and a rule may take effect on another date only with the Judicial Council chair's authorization.
Unless a statute or rules 8.108, 8.702 or 8.712 provide otherwise, a notice of appeal must be filed by the earliest of 60 days after the superior court clerk serves a notice of entry of judgment or a filed-endorsed copy, 60 days after a party serves or is served with such a document with proof of service, or 180 days after entry of judgment; no court may extend the time except as rule 8.66 provides, and a late notice requires dismissal; the rule defines the entry date of judgments and appealable orders, treats a notice filed after rendition but before entry as filed on entry, and applies to appealable orders.
A court may permit, or require, parties to file documents electronically in civil actions by local rule under Code of Civil Procedure section 1010.6, specifying the case types covered; self-represented parties are exempt from mandatory electronic filing and service and, in mixed cases, file, serve and are served by non-electronic means unless they agree otherwise; a party required to e-file must be excused on a showing of undue hardship or significant prejudice through a process the court must provide; fees must be consistent with section 1010.6, and the effective date of filing is as section 1010.6 prescribes. A court that permits e-filing may also order all parties in a class, consolidated, coordinated or complex action to file electronically.
The complaint must be served on all named defendants, with proofs of service filed, within 60 days after filing (30 days for a defendant added by amendment), and a cross-complaint adding new parties must be served with proofs filed within 30 days; the parties may stipulate to one 15-day extension of the 30-day response period; a request for entry of default must be filed within 10 days after the time to respond has elapsed and a default judgment obtained within 45 days after default is entered, or the court may issue an order to show cause regarding sanctions. Collections cases under rule 3.740(a), unlawful detainer actions and Family Code proceedings are excluded.
A summary judgment or summary adjudication motion must contain a notice of motion, a separate statement of undisputed material facts in the rule's two-column format with citations to exhibit, title, page and line numbers, a memorandum, supporting evidence and any request for judicial notice; summary adjudication must state the specific cause of action, affirmative defense, damages claim or duty issue in the notice and repeat it verbatim in the separate statement; the opposition consists of a memorandum, a responsive separate statement stating 'disputed' or 'undisputed' for each fact with the evidence for any dispute and any additional material facts, opposing evidence and any request for judicial notice; evidence exceeding 25 pages must be separately bound with a table of contents; and on request a party must provide an electronic version of its separate statement within three days. The rule's format illustrations in subdivision (h) are on the official page.