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Civil ex parte applications reviewed in chambers by the assigned judicial officer with no appearance or hearing - presented by e-file (attorneys) or at the Civil Clerk's Office (parties without attorneys) no later than 10:30 a.m. on the assigned judge's review day (Courtroom 19 Mondays, 17 Tuesdays, 16 Wednesdays, 18 Thursdays), the $60 fee and any first appearance fee included, courtesy copies not accepted by e-mail or fax, orders returned after 2:30 p.m. and served by the applicant; Local Form CV-40 when the assigned judge is unavailable; unlawful detainer ex partes Monday to Friday by 8:30 a.m.; proposed orders in word processing format e-mailed to the department; the settlement conference statement delivered directly to the panelist five court days before the conference; calendar dates obtained by filing the moving papers; the tentative ruling recordings.
Each civil department's weekly calendar - the judicial officer, courtroom, courthouse and judicial assistant, and the days and times of its trials, law and motion, case management, OSC, minor's compromise, default, change of name and collections calendars - with the ex parte review times (civil ex partes by e-file by 10:30 a.m. on the department's review day; unlawful detainer, civil harassment, workplace violence and elder protection ex partes by e-file or drop-off by 8:30 a.m. at 3055 Cleveland Avenue, gun violence restraining order TROs by 8:00 a.m., picked up at or after 2:30 p.m.); the small claims temporary judge calendars and trials de novo; the Appellate Calendar, and the Appellate Panel; each department's Zoom credentials; the page Local Rules 16.1 and 16.8 point to.
The transition to a master calendar (hearing locations and appearance times may change - the updated daily calendars online or at the courthouse); the Clear Warrant (Return on Warrant) calendar at 8:30 a.m. from July 13, 2026 - check-in at the Criminal Division Clerk's Office Monday to Friday before 8:30 a.m., no late check-ins, a letter of reassumption of liability from the bonding agency for a forfeited bail bond; the daily calendars posted at 4:00 p.m.; copies and certified copies (fees, CR-01, public entity charges under Government Code section 70627); Proposition 64 and SB384 petitions.
Each criminal department's weekly calendar - the master calendar courtrooms L1 and L2 (clear warrant, criminal, preliminary examination readiness and sentencing calendars at 8:30 a.m., felony in-custody and out-of-custody calendars at 1:30 p.m., jury trial assignment), the misdemeanor courtrooms 41 and 42, Courtroom 43 (LPS conservatorships, writs, FACT and CARE; CARE and civil gun violence TRO review at 8:00 a.m.), the felony trial courtrooms 51 to 54 (with military diversion and VALOR Court in Courtroom 53), Courtroom 62 (CEQA and Drug Court), Courtroom 63 (probate) and Courtroom 64 (mental health diversion) - with the judicial officers and judicial assistants, and the Appellate Calendar, and the Appellate Panel; the Criminal Division Schedule that Local Rule 8.1 points to.
Mandatory e-filing under Local Rules 17.22 et seq. (civil, probate and family law for represented parties from January 1, 2023; criminal and juvenile from January 1, 2026, subject to Rule 17.23); filings until 11:59 p.m. timely (5:00 p.m. when same-day service is required); the hearing date in the filing description and expedited processing for filings within 24 hours; proposed orders in word processing format e-mailed to the department; the additional $30 court reporting fee with any civil law and motion filing; fee waiver filings; searchable, bookmarked PDFs (exhibits to law and motion documents bookmarked), 25 MB per document and 35 MB per transaction; the documents that cannot be e-filed.
Each family law department's weekly calendar - the judicial officer, courtroom, courthouse and judicial assistant, and the days and times of its trials and settlement conferences, ex partes (10:00, all reviewed in chambers with no hearing), DOM, law and motion, case management, master calendar, DCSS child support, contempt and citation calendars, Courtroom 41's DCSS in-custody calendar and Department 22's 8:30 ex parte TRO review in chambers - and the Zoom information for remote appearances (appearing in person encouraged; Zoom by meeting ID and password, or by telephone); the page Local Rule 1.9 points to.
The volunteer settlement conferences held Thursdays at 1:30 and Fridays at 8:30 (not the 5th Thursday and Friday), and the STBA settlement conference program suspended for the remainder of 2026 - no further conferences scheduled through it this calendar year.
Juvenile justice calendars Monday to Friday at 8:30 a.m. and transfer-in hearings in Courtroom 24 (Juvenile Justice Center); dependency calendars and transfer hearings Monday to Friday at 8:30 a.m. in Courtroom 61 (Hall of Justice); clearing a warrant by checking in at the Juvenile Court reception by 8:30 a.m. for the same morning; DUI program registration within five working days; the juvenile standing orders (Local Rule 10.3 posts them on the website; decided in build/sonoma_catalog.py).
Diversion under Penal Code section 1001.36 granted only after the treatment team provides Agreements to Treat and agrees to report progress, and, in appropriate cases, after the defendant agrees to firearms relinquishment, random drug testing and stay-away orders (conditions precedent); written rulings after contested hearings, available at the criminal clerk's office; the MHD forms (CR-007 application and the treatment, release, progress, restitution and firearms forms); Department 64's Zoom appearances only when authorized in advance (Local Rule 8.14 states the motion procedure).
Each department's weekly calendar - probate (Courtroom 63), the CARE, FACT, mental health diversion and LPS weapons retention calendars (Courtroom 64), guardianships (Courtroom 61), LPS and writs (Courtroom 43) - with the ex parte review times (probate ex partes by e-file or drop-off by 10:00 a.m. at 3055 Cleveland Avenue, CARE ex partes by 8:00 a.m., guardianship and LPS ex partes by 10:00 a.m. at 625 Administration Drive; pickup at or after 2:30 p.m.); the Appellate Calendar, and the Appellate Panel; the page Local Rule 6.2 points to.
Clearing a citation by the reminder notice; appearances - virtual or in person - scheduled with the court in advance (no same-day appearances), arraignment and a court trial requested without bail; trial by written declaration (TR-205, bail posted) and a trial de novo requested by TR221 within 20 days; the consequences of failing to respond (civil assessment, collections, a driver's license hold, a warrant, a hearing under Vehicle Code 40903); extensions, ability-to-pay determinations, traffic violator school, correctable violations; the Zoom link for remote hearings.
A general order of the Presiding Judge, effective immediately and in effect until otherwise ordered by the Presiding Judge: no one except authorized Court and court security personnel may photograph, record or broadcast, or activate any camera, microphone, recorder or broadcasting device, in any courtroom or courthouse where the Court conducts business - including entrances, exits, hallways, escalators, elevators and adjacent or subterranean court parking areas - except as Local Rules, Rule 19.3, California Rules of Court, rule 1.150, this order or another order of a judicial officer permits (a law enforcement officer's passive body camera allowed); the definitions of a Camera, a Wearable Electronic Device and Wearable Camera, and a Personal Electronic Device; except for media representatives, no person may bring a Camera, Wearable Electronic Device or Wearable Camera into any courthouse (security personnel may require a press pass, other verifiable press credentials or a copy of a current filed petition seeking a court order); Personal Electronic Devices may be brought in but used only in accordance with rule 1.150 and Local Rule 19.3, and may be inspected by court security personnel; portable scanners, cameras or copiers used solely to image documents; devices silenced or turned off before entering a courtroom; violations may result in seizure of the device, monetary sanctions under section 177.5 of the Code of Civil Procedure, contempt under sections 128 and 1209 and arrest under Penal Code sections 166(a)(4), 166(a)(5) and 632; and the duties of court staff, security personnel and peace officers who become aware of a violation.
The Court's general guidelines for applicants in the Mental Health Diversion (MHD) process (Local Rule 8.14(D) refers parties to them): MHD under Penal Code § 1001.36, and Penal Code §§ 1370 and 1370.01 where a person has been deemed Incompetent to Stand Trial; the application on the most up-to-date MHD application form with a signed Release of Information (ROI) listing the current psychiatrist and therapist; filing with the criminal clerk's office in person (pro per defendants) or through E-file (attorneys), the application and supporting documents filed confidentially; service of a complete copy on the District Attorney's office and Sonoma County Behavioral Health (SCBH); applications without the required supporting documents, including the ROI and Proof of Service (POS), rejected; the hearing on the next available Thursday MHD petition calendar at 1:30 p.m.; the referral to SCBH for a suitability assessment, with 10 calendar days to provide information for it; Agreements to Treat from all treatment providers (or, for Kaiser patients, the Kaiser records it describes) before MHD is granted; contested hearings, typically held on Fridays; the court's treatment coordinators at MHDReports@sonomacourt.org; and the compliance/review calendar after MHD is granted.
The Court's notice of the normal availability and unavailability of official court reporters (Local Rule 3.2 incorporates it): because of court reporter staffing shortages, as of April 18, 2022 official court reporters are no longer available for Family Law matters except as mandated for requests to withdraw consent to an adoption, child testimony in chambers and petitions to free a minor from parental care; official court reporters are normally available in felony criminal cases and juvenile matters (justice and dependency) and normally not available in civil matters (with the exception of Lanterman-Petris-Short Act matters) or in family law matters; the Court may, at its sole discretion, provide electronic recording in infraction, misdemeanor and limited civil proceedings under Government Code section 69957; and a party granted a waiver of court fees and costs may request an official court reporter for a proceeding where one is not normally available and electronic recording is not provided.
Abbreviations, administration and definitions (10.1); juvenile calendars heard as designated by the Presiding Judge, the current designation on the court's website (10.2); rules of procedure, and standing orders posted on the court's website (10.3); attendance at hearings (10.4); counsel of record and self-represented parties (10.5); pre-hearing discovery (10.6); noticed motions in dependency proceedings (10.7); requests for ex parte orders, with advance notice to all parties (10.8); temporary restraining orders (10.9); attorney competence, standards of representation, complaints and requests to withdraw (10.10 and 10.12 to 10.16); continuances (10.11); release of information relating to juveniles (10.17); child advocates - the CASA program (10.18); medical issues and psychotropic drugs (10.19); requests for modification (10.20); access to minors (10.21); mediation (10.22) and settlement conferences (10.23) in dependency proceedings; guardians ad litem, visitation, trial home visits, orders terminating jurisdiction, 15-day reports, bonding studies and prisoner transport orders in dependency proceedings (10.24 to 10.30); requests for transcripts on Local Form RP-002 (10.31); access to the courtroom by non-parties and requests to attend delinquency proceedings (10.32 and 10.33); computer access to the juvenile case management system (10.34); cameras and recording equipment (10.35); foreign consulates (10.36); appearance by telephone (10.37); court appointed counsel compensation (10.38); dual status jurisdiction (10.39); and the competency protocol (10.40).
Appeals to the Appellate Division in limited civil cases (11.1: the Notice of Appeal and the CRC 8.831 Notice designating the record filed in the trial court, later filings in the Civil Appeals Department, no use of the court file in lieu of the record, the oral proceedings, original exhibits and the briefing schedule), in misdemeanor criminal cases (11.2: the CRC 8.864 Notice of election; the Criminal Appeals Department) and in infraction cases (11.3: the CRC 8.915 Notice); and petitions for writs of mandate and prohibition (11.4) and for writs of supersedeas (11.5) directed to the Appellate Division. Rules 11.6 and 11.7 are repealed.
The appointment of a Superior Court Commissioner by majority vote of the judges under Government Code § 71622 (12.1); the commissioner's general authority (12.2); assignments as temporary judge - trials and hearings, preliminary matters, orders to show cause and temporary restraining orders, ex parte motions, appraisers in family law matters, bonds and undertakings, settlement conferences in civil cases, oaths and depositions, bail and own-recognizance releases, default and uncontested dissolution orders and judgments, paternity and support actions (12.3); and duties as commissioner - juvenile court referee, probate commissioner, taking evidence and reporting findings (12.4).
The method of selection - jurors selected at random from source lists (the list of registered voters, the Department of Motor Vehicle's list of licensed drivers and others) (13.1); jury qualifications - disqualification, excusals, permanent excusals and postponements (13.2); and the fulfillment of service - its duration and completion (13.3).
A Grand Jury impaneled annually under PC § 888 (14.1); applications sought each February for the ensuing fiscal year (14.2); interviews of prospective grand jurors (14.3); the impanelment of the grand jury (14.4); and an additional term of service (14.5).
The court's policy and goal to encourage the parties in all civil cases to explore and pursue private dispute resolution by means of an Alternative Dispute Resolution process appropriate to the matter, at the earliest appropriate date (15.1).
Initial civil complaints or petitions filed, and first paper fees paid, at the Civil & Family Law Courthouse at 3055 Cleveland Avenue before any ex parte order is presented; then civil applications (injunctive relief, extraordinary writs, provisional remedies, orders shortening time) to the Assigned Judge at the times and locations posted at the courtroom and on the court's civil calendar page (16.1); unlawful detainer applications to the Unlawful Detainer Judge (16.2); criminal applications to the assigned criminal judge (Rule 8.9) (16.3); juvenile applications to the juvenile court judge or commissioner (16.4); family law (16.5); probate applications as described in Rule 6.2 (16.6); another judge when the assigned judge is unavailable or disqualified, or in an emergency, with Local Form CV-40 (16.7); and civil protective order petitions (harassment, violence against employees, elder or dependent adult abuse, transitional housing misconduct) at the ex parte times and locations designated by the Supervising Judge of the Civil Division and posted at the courtroom and on the court's website (16.8).
Proceedings with a fee waiver - reasonable copies (17.1); conformed copies, a maximum of two at filing (17.6); prepaid, self-addressed envelopes (17.7); the hearing date and time in the caption, and in the e-filing description (17.8); local forms (17.9); restrictions on over-the-counter filings (17.11); background checks (17.14); voluntary e-service by the court's Stipulation and Order (17.16); the $5.00 fee for retrieving a file from storage (17.17); the appointment of an elisor (17.19); electronic records - paper filings scanned as the official record (17.20); the format of documents submitted for filing (17.21); mandatory electronic filing for represented parties, self-represented parties exempt (17.22); the limitations on electronic filings in civil, criminal, probate and family law (17.23); electronic filing service providers (17.24); electronic filing dates and times - documents received between 12:00 a.m. and 11:59 p.m. on a court day deemed filed that day (17.25); electronically filed proposed orders and orders after hearing (17.26); and electronic service (17.27).
The appointment, by a majority of the judges, of an Executive Officer of the Superior Court under Government Code §68114.6, who also acts as a Clerk of the Court, and the transfer of the County Clerk's duties to the Court Executive Officer (18.1).
Media coverage under California Rules of Court, Rule 1.150 (19.1); a media agency's request to photograph or otherwise record a court proceeding on Judicial Council form MC-500 with a proposed order (MC-510), filed with the Court Executive Officer or designee, and requests to record employee work areas (19.2); and the limitations on coverage of court facilities or locations - no photographing or recording by the media and general public in any part of a court facility, or within 50 feet of the entrances of the two first-floor courtrooms of the Hall of Justice (Courtroom #14 and #15); devices turned off in transit; no recording through courtroom door windows or of anyone wearing a juror badge (19.3).
Trial by declaration under Vehicle Code § 40902, a person who fails to appear deemed to have elected a trial by written declaration under Vehicle Code § 40903 (20.1); exhibits no larger than a standard sheet of paper, 8 ½ by 11 inches (20.2); and the clerk's ability-to-pay determinations under Government Code § 68645.3(e), with review by a judicial officer and the criteria posted on the court's website (20.3).
The requirements of courts issuing custody or visitation orders (21.1) and of the District Attorney before requesting criminal protective orders (21.2); the modification of a criminal protective order that conflicts with a later custody or parenting plan order (21.3); and the language of custody and parenting plan orders - the safe exchange of the children, and no language that violates a criminal court's no contact order (21.4).
Introduction and contact information (6.1); calendar and procedural matters (6.2) - the probate, conservatorship and guardianship calendars posted on the court's website, the departments designated by the Presiding Judge, probate examiner notes through the case portal, the Regular Probate, Case Management, Guardianship and LPS calendars, hearing dates assigned at filing, stipulated continuances on Local Form PR-018 submitted no later than noon (12:00 p.m.) three (3) court days before the hearing, proposed orders and supporting papers, hearings and tentative rulings, contested matters, ex parte applications and stipulated petitions; decedents' estates (6.3); conservatorships - temporary conservatorships, required documents, independent powers, accountings, final distribution, limited and LPS conservatorships, the report of court appointed counsel (6.4); compensation of fiduciaries and attorneys (6.5); bonds and blocked accounts (6.6); sales of real property - overbids, commissions, disputes between agents or brokers (6.7); trust petitions (6.8); and guardianships - calendaring, the report of proposed guardian, investigations, petitions for visitation and tentative rulings on the guardianship calendar (6.9).
Default, uncontested and compromise hearings conducted as scheduled by the Assigned Judge (7.1); default and uncontested hearings scheduled through the Superior Court Clerk's Office, with a letter of confirmation sent not less than ten (10) calendar days before the hearing (7.2); and attorney's fees in default proceedings - the schedule for judgments entered by the clerk in limited civil cases under Code of Civil Procedure §585(a) (35% of the first $1,500.00 principal, and so on) and fees in actions on book account (7.3).
Assignment of cases - felony matters assigned alphabetically to a felony master calendar department, misdemeanors for all purposes after arraignment to a misdemeanor department, and the Criminal Division Schedule on the website (8.1); filing criminal complaints with the Criminal Clerk's Office (8.2); violations of probation (8.3); protection of confidential personal information (8.4); criminal pretrial law and motion (8.5); appointment and payment of counsel in conflict cases (8.7) and appointment of second counsel (8.8); ex parte applications and the temporary release of inmates (8.9); continuances (8.10); arraignments (8.12); the calendaring system - the first appearance date, arraignments, the schedule of events and calendar events (8.13); mental health diversion - motions under PC § 1001.36 or PC §1370 filed with the clerk's office, filed confidentially and served on the Sonoma County District Attorney and on Sonoma County Behavioral Health, Local Form CR-007 for optional use, the petition calendar, referral for a suitability assessment, and the Mental Health Diversion Workflow and FAQ on the court's website (8.14); and remote appearances in criminal matters (8.15). Rules 8.6 and 8.11 are repealed.
Case assignment to a Family Law department on the filing of the initial pleading (9.2); sanctions (9.3); the Family Law Facilitator (9.4); collaborative law cases (9.5); handwritten pleadings in blue or black ink (9.7); notices of unavailability not filed (9.9); case management conferences (9.10); domestic violence restraining orders under Family Code section 6200 et seq., with proposed orders including a pre-filled DV-110 (9.11); ex parte and emergency family law orders - declarations, notice, delivery, opposition, judicial review and set aside (9.12); the domestic and child support calendars (9.13); mediation and child custody recommending counseling, Family Court Services, and the appointment of child custody evaluators, parent coordinators and minor's counsel (9.14); child and spousal support (9.15); public assistance (9.16); orders after hearing (9.17); review hearings (9.18); law and motion (9.19); family law settlement conferences with Local Form FL-048 (9.20) and child custody settlement conferences (9.21); special masters, appraisers and experts (9.22); trials and evidentiary hearings (9.23); expedited custody trials requested on Sonoma County form FL-074 (9.24); adoptions (9.25); judgments - the appropriate completed judgment checklist, found on the court's website, submitted with the documents, nullity judgments and bifurcation of marital status (9.26); service by posting (9.27); requests for Special Immigrant Juvenile findings (9.29); court ordered therapeutic treatment (9.30); and the supervised visitation providers list (9.31).
The citation and effect of the rules, supplementary and subject to statutes and the California Rules of Court (1.1); construction and application (1.2); definitions (1.3); sanctions under Code of Civil Procedure § 575.2 for failure to comply (1.4); the court's organization - one unified Superior Court under Government Code § 70200, organized into a criminal division, a family law division and a civil division, and the list of Rules 2 to 21 (1.5); hours of business determined by the presiding judge, and the drop box (documents left after 4:00 pm filed as of the following court business day) (1.6); courtroom dress and decorum (1.7); smoking prohibited in court facilities and within 20 feet of main entrances, exits and operable windows (1.8); remote appearances by case type - general provisions, non-evidentiary civil cases, civil evidentiary hearings and trials, small claims, unlawful detainer, temporary restraining orders in civil harassment, elder abuse, workplace violence and school site violence matters, probate, family law (how to appear remotely at the family law calendar page), domestic violence and gun violence restraining orders, criminal matters (Rule 8.15), juvenile justice and juvenile dependency (1.9); and the bias complaint procedure under standard 10.20(d) - the written Notice of Concern to the Presiding Judge or Court Executive Officer, and complaints (1.10).
Small claims cases (2.1): identification of a business defendant's authorized agent for service when the clerk serves under Code of Civil Procedure §116.340(a)(1); law and motion; trial setting; submitting evidence where the Court has granted a remote appearance - evidence sent to all other parties and submitted to the court at least 10 days before the hearing with Local Form SC-10, exhibits of no more than 10 pages by e-mail to SCtrials@sonomacourt.org; exhibits after trial, destroyed sixty (60) calendar days after the final determination unless their return is requested with a self-addressed stamped envelope; and appeals. Unlawful detainer cases (2.2): trial setting by a request to set the time of the trial; an unlawful detainer that becomes an ordinary civil case; default and compromise; attorney's fees; and stipulations for entry of judgment.
Electronic recording in limited civil actions and criminal misdemeanor and infraction proceedings under Government Code § 69957, in which court reporters are not provided (3.1); the Court's Notice of Availability of Court Reporting Services, posted in the Clerk's Office and on the court's website (3.2); the civil case types for which the Court does not provide court reporters under California Rules of Court, Rule 2.956, unless the Notice of Availability provides otherwise (3.3); a request for a court reporter where a fee waiver has been granted (3.4); and procuring a qualified private certified court reporter pro tempore, with a proposed order, the Court adopting the Appointment of Official Reporter Pro Tempore as a local form (3.5).
Differential case management (4.1), with uninsured and underinsured motorist actions; assignment to one judge for all purposes - the Notice of Assignment of Case to One Judge for All Purposes and Notice of Case Management Conference issued when the complaint is filed, and tentative rulings three (3) court days before each case management conference (4.2); orders to show cause (4.4); sanctions (4.5); the mandatory settlement conference, at the discretion of the Assigned Judge, before a pro tem panelist (4.6); the jury demand in the Case Management Statement (4.7); the deposit of jury fees (4.8); trial and trial-related motions - the trial calendar and continuances (4.9); pretrial matters and commencement of trial - uniform procedures, the duty to meet and confer, pretrial documents, exhibits, trial briefs, jury instructions and verdict forms, service of trial documents (4.10); voir dire (4.11); the disposition of fictitious defendants before judgment (4.12); temporary judge (pro tem) trials by stipulation (4.13); the Discovery Facilitator Program (4.14) and the Demurrer Facilitator Program (4.17) - policy, panel, participation by stipulation and mandatory participation, selection, compensation and resolution; matters affected by bankruptcy (4.16); post-trial courtesy copies to the department's drop box (4.18); and writs of mandate challenging government approvals and CEQA matters - the Assigned Judge, alternative dispute resolution, the initial case management conference, the administrative record (lodged in electronic format under California Rules of Court, Rules 3.2200 through 3.2208), motions to augment or strike, and matters requiring a hearing calendared through the department (4.19). Rules 4.3 and 4.15 are repealed.
Scheduling - law and motion heard as designated by the Assigned Judge, courtesy copies, matters resolved or dropped, appendices of authorities (5.1); the Order of Examination Calendar - representation of a corporation, a judgment debtor's failure to appear, service of warrants, in-custody judgment debtors, warrant of attachment and contempt of court hearings (5.2); continuances by stipulation and the dropping of law and motion matters, filed by 4:00 p.m. at least three (3) court days before the hearing (5.3); the meet and confer conference (5.4); hearings, tentative rulings issued by 2:00 p.m. on the court day before each law and motion calendar, and oral argument (5.5); ex parte applications under California Rules of Court, Rules 3.1200 et seq. (5.6); transcripts and administrative records (5.7); and orders after hearing or upon ex parte motion, with protective orders and orders to consolidate (5.8).
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.