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Mandatory child custody mediation (Family Code Section 3170), confidential, conducted by the court's mediators; an appointment requires a Family Law case number and a pending court hearing on a child custody or visitation dispute, requested by telephone at (530) 822-3305 or in person Monday through Friday, 8:30 a.m. to 3:30 p.m.; both parties complete the online Mediation Orientation before the appointment; the parenting plan in writing, signed by both parents and their attorneys, an enforceable court order once the court signs it; the Family Court Services Mediation Information booklet.
The calendars by case type - civil, probate and conservatorship matters set on Mondays at 9:00 am (moved to Tuesday when a Monday is a holiday), family law matters on Mondays at 9:00 am, guardianship and adoption matters on Fridays at 8:30 a.m.; no call to reserve a date - the moving party chooses the day by case type, allowing enough time for service, and submits the moving documents with the filing fee or an application for waiver of court fees and costs; telephonic appearances at the hearings listed in California Rules of Court 3.670(c), arranged through CourtCall no later than three (3) days before the hearing.
Ex parte hearings by appointment only, arranged with the civil clerk - civil, family law without children, probate and conservatorship ex parte hearings at 8:30 a.m. Tuesday through Friday, family law with children and guardianship ex parte hearings at 1:30 pm Tuesday through Friday - with notice to all parties no later than 10:00 am the court day before (California Rules of Court 3.1203) and a filing fee for the ex parte hearing; continuances of law and motion matters and case management conferences by written stipulation with the continuance fee, received and signed by the court before the hearing, and of court and jury trials only by a properly noticed motion; the mandatory Notice of Settlement of Entire Case; no tentative rulings (California Rules of Court 3.1308) - appearances are necessary for law and motion hearings; fax filings only through a fax filing agency (California Rule of Court 2.303), marked "BY FAX"; copies at $.50 a page, certification $40.00, a $15.00 search fee per name; handwritten forms in blue or black ink.
Unpaid court-ordered fines referred to the court's collections unit with a civil assessment notice - an additional civil assessment of $10 unless written proof of good cause, and possible referral to a third-party collection vendor; the civil assessment may be vacated on good cause shown within 20 days of the mailing of the notice, good cause limited to military service overseas, hospitalization, incarceration or the death of an immediate family member, with written official proof to the Collections Division; no traffic violator school after referral unless the civil monetary assessment is paid; installment payments, and payment in person, online (a convenience fee of 1.99%, $1.00 minimum; not for accounts referred to the Franchise Tax Board) or by mail; the ability to pay request on the Declaration of Financial Circumstances for Community Service or Ability to Pay with the Application & Declaration for Community Service or Request for Hearing on Ability to Pay Fine.
The petition, filed with the Civil/Probate Clerk, triggers an investigation by Family Court Services - interviews, background checks of the proposed conservator, the proposed conservatee and the adults in the home, an inspection of the home and a report for the court, typically four weeks, at a fee of $50.00 per hour; a petition for Temporary Conservatorship filed with the petition in an emergency; the court's reviews six months and one year after the appointment and annually after that (Probate Code §1850), with an investigation annually for general and every two years for limited conservatorships; the Conservatorship Information Sheet sent about three months before the review hearing, completed and returned by the date requested.
A scheduled court date is in most cases a mandatory appearance; once a complaint is filed the initial appearance date may be advanced by the clerk but cannot be postponed - represented defendants contact their attorneys, and the Traffic/Criminal Processing Division answers at (530) 822-3303 from 8:30 a.m. to 4:30 p.m.; a bench warrant on a failure to appear, cleared by surrender to a law enforcement agency; appointed counsel requested from the judge at the first court appearance; custody arraignments heard daily at 3:00 p.m.; records searches on the public computers, a $15.00 fee for a staff search over 10 minutes (Government Code section 70627(c)), copies at $.50 a page and $40.00 a certified document, requests by mail on the Records / Search Request Form with a preprinted check, copy orders filled within 7-10 working days.
A dissolution, legal separation or nullity case begun by the Petition and Summons, the other party served and the proof of service filed; the status conference date given at filing on the Status Conference Minute Order - a check on the case's progress, attended unless a judgment has been entered; judgment by agreement (a pre-registered clinic), by trial after the required financial disclosures when an answer is filed and the parties cannot agree, or by default after 30 days without a response; the Self-Help Center's clinics.
E-filing mandatory since July 1, 2017 for all civil (complex, unlimited and limited), probate and family law cases, small claims exempt and criminal optional, through an electronic filing service provider; searchable PDF, PDF/A preferable; the hearing date in the filing description box with a complete description of the document; editable versions of proposed orders under California Rules of Court, Rule 3.1312(c) sent to efile@suttercourts.com; the documents still accepted in hard copy (bench warrants, deposits of cash or check except jury fee deposits, Labor Commissioner deposits, trial exhibits, bonds, undertakings, letters issued by the Probate Court, wills and codicils, sealed documents, the Probate Code Section 2620 documents and state vital records forms); signatures under Rule 2.257, digital signatures not required.
E-filing mandatory for civil, probate and family law cases and optional for criminal cases, small claims exempt, self-represented parties and non-parties exempt (Local Rule 2.2); eFileCA available at all hours, filings accepted during normal business hours, 8:30am-4:30pm, and a document received electronically between 12:00am and 11:59:59pm on a court day deemed filed that court day (Rule 2.253(b)(6)); rejections notified by the provider and re-submitted by the filer; service the filer's duty, e-service optional; the e-filing service fee of $3.50 and an eCheck fee of $.25; existing parties not added again; each document needing its own file stamp filed as a separate lead document; size limits of 35 MB an envelope and 25 MB a document; PDF format; electronic bookmarks for exhibits (California Rule of Court 3.1110(f)) and text-searchable documents (California Rule of Court 2.256).
The court's electronic filing requirements under Local Rule 2.2: electronic filing mandatory as of July 1, 2017 in civil cases (complex, unlimited and limited), probate cases and family law cases, small claims cases exempt, and permitted in all other case types; paper filings in the mandatory case types not accepted after July 1, 2017, subject to the exceptions; filing through an approved electronic filing service provider; documents in PDF format, searchable PDF preferred, formatted under the rules governing paper pleadings; the documents that shall not be filed electronically (bench warrants, deposits of cash or check, trial exhibits, bonds, undertakings, letters issued by the Probate Court, wills and codicils, sealed documents, the Probate Code section 2620 documents and California state vital records forms), with a notice of filing of each filed electronically; editable versions of proposed orders under California Rule of Court, Rule 3.1312(c), sent to efile@suttercourts.com; signatures under Rule 2.257, digital signatures not required.
The mediation procedure of Family Court Services: after a filing raising a custody or visitation issue, the parties ordered to attend mediation orientation, offered online, a notice of completion sent electronically to the court; mediation, which California law requires where the parties do not agree on a parenting plan, in sessions of 1 hour and 30 minutes with the parties and any minor's counsel and no other people in the room, separate rooms or a silent support person on allegations of domestic violence; agreements sent to the attorneys and to the court, or attached to a Stipulation and Order for self-represented parties; a session cancelled and the absent party reported to the court if a party does not appear within 15 minutes of the start time; the court hearing attended even after a missed session; confidential non-recommending mediation (FC 3177), the mediator recommending only the appointment of counsel for the children, a child custody evaluation or a restraining order; no contact with the mediator outside the session and no legal advice; the parenting plan considerations, sample schedules and Family Code section 3044's presumption where there is domestic violence.
The petition filed in the Civil Division and the hearing set by the clerk's office; the Guardianship Investigation Questionnaire completed and submitted by every proposed guardian at the time of filing; the investigation by Family Court Services when the petitioner is related to the minor and by Child Protective Services when not - interviews of the proposed guardian and of children over the age of five, background checks, an inspection of the home and a report for the judge, typically four to six weeks, at a fee of $50.00 per hour; a full investigation of all parties when a parent contests; a petition for Temporary Guardianship in an emergency; annual review hearings, the Guardianship Status Report and the child's most recent report card returned about three months before, the judge taking the matter off calendar or requiring the guardian's presence by minute order; interpreters at no cost in guardianships.
Interpreters at no cost in criminal, traffic, juvenile delinquency, juvenile dependency and other mandated case types and in the civil and family law case types listed (domestic violence, civil harassment, elder or dependent abuse, unlawful detainer, termination of parental rights, conservatorships, guardianships and all family law cases); requests in mandated case types in person from a clerk at filing or by e-mail to the Interpreter Coordinator at least a week before the hearing, or to the courtroom staff at the hearing (with a wait or a continuance); in civil and family law case types form INT-300 submitted in person, by e-mail or by mail at least one week before the hearing; sign language interpreters and real-time captioning on a Request for Accommodations at least 5 days before the hearing; the language access complaint form.
Juvenile transfer cases set as California Rules of Court, Rule 5.610(f)(2) requires - dependency cases (300's) Tuesday & Thursday at 10:00 a.m., delinquency cases (602's) Tuesday & Thursdays at 8:30 a.m.; no juvenile case information given over the telephone; juvenile traffic citations for infraction Vehicle Code violations handled by the Traffic Unit, a Notice to Appear a mandatory appearance with a parent or legal guardian; a notice of appeal within 60 days (California Rules of Court, Rule 8.66; Rules 8.400 – 8.474); emancipations filed and heard in the Civil Courts; a parent or legal guardian appearing with the child at court hearings.
Payments of traffic tickets, criminal fines and civil fines in person at the courthouse, online (a convenience fee of 1.99%, $1.00 minimum; not for accounts referred to the Franchise Tax Board) or by mail, no cash; a payment on a traffic citation without a stated request for a trial or a trial by declaration (in the payment's comments field) accepted as a bail forfeiture and reported to DMV; installment payments without an appearance before a judicial officer by calling the Collections Division at (530) 822-3301.
Media requests to photograph, record or broadcast public proceedings under Rule 1.150 of the California Rules of Court, at the discretion of the presiding judicial officer, on Judicial Council forms MC-500 and MC-510 submitted to the Court Executive Office at least five (5) court days before the proceeding unless good cause is shown (considered for the initial hearing in a criminal case, Rule 1.150(e)(1)); public case information through the court's case access portal; the Press Review Tool for e-filed materials not yet reviewed or accepted by the court, access on application to the Executive Office with a valid press identification and the usage and access agreement.
Recording during a remote appearance strictly prohibited (CRC 1.150(c)); criminal proceedings - a represented defendant contacts counsel (Penal Code §977), an unrepresented defendant e-mails the request to remoteapp@suttercourts.com; civil and family law proceedings (Code of Civil Procedure §367.75 and California Rule of Court 3.672) - a telephonic appearance on Monday morning in Courtroom 1 or Courtroom 2 arranged with CourtCall at (888) 882-6878 on or before the Thursday before the appearance, other telephonic appearances through the court at (530)-822-3304; a remote video appearance by LifeSize on a Notice of Remote Appearance (RA-010) filed and served at least ten (10) court days before an evidentiary hearing or trial or three (3) court days before other hearings, an opposition on RA-015 at least three (3) court days before; juvenile dependency proceedings (Rule 3.672(i)) - a Request to Appear Remotely (RA-025) at least ten (10) court days before, or by 9:00 a.m. on the court day before a hearing set on shorter notice, and a Request to Compel Physical Presence (RA-030) at least five (5) court days before, or by 9:00 a.m. on the court day before; connection information by e-mail to remoteapp@suttercourts.com once the court authorizes the appearance.
Infraction citations resolved or contested by the appearance date on the citation - a failure to act adds a civil assessment of $10 unless written proof of good cause and may place a hold on the driver's license (vehicle code 40509/40509.5), and a failure to appear may lead to a finding of guilt in absence or in a trial by written declaration (vehicle code section 40902 and 40903); the reminder notice's options; correctable violations cleared with proof of correction signed by an officer or other authority and a fee of $25 for a single violation, proof of insurance for VC 16028(a) violations submitted directly - the fine reduced by 50% for insurance bought after the citation; parking citations handled by the City of Yuba City; juvenile citations under W&I code §603.5, a parent or legal guardian at a mandatory appearance; records requests at $15.00 a name; payment online (Visa, MasterCard and Discover, a 1.99% convenience fee), by mail with the reminder notice and the signed statement of rights, or in person; installment payments on an installment agreement and a down payment when no mandatory appearance is required; the MyCitations ability-to-pay application.
Extensions requested in person at the Traffic Division or by calling 530-822-3303 during regular business hours (the clerk cannot change the date or time of an appearance set when bail was posted after an arrest); the date on a traffic citation usually a due date, not a court appearance date - an infraction citation handled on or before that date or the reminder notice's date to avoid added penalties; owner's responsibility violations noticed to the registered owner.
Eligibility (one citation in an eighteen (18) month period masked, California Vehicle Code Section 1808.7; the exclusions listed, among them failures to appear under Penal Code section 1214.1 unless the civil monetary assessment is paid in full and under Vehicle Code section 40508(a) unless adjudicated and the fine paid); the full bail plus an additional $52 administrative fee paid before attending, an approved traffic school completed within 90 days, corrections received with the fine and fees before permission is granted; the court code 51460 and the case or citation number given to the school.
A not guilty plea by mail (the reminder notice's contest box, signed, with the signed statement of rights) or in person at the Traffic Division for an infraction without a mandatory appearance, the court trial set within 15 to 45 days with the citing officer present and no payment needed to schedule it in person; trial by written declaration for Vehicle Code infractions on forms TR-200 and TR-205 returned by the due date with full payment of the ticket (and the traffic school fee for an eligible defendant), refunded on a not guilty finding, the officer's form TR-235, the decision on form TR-215 mailed within 45 days and a request for new trial on form TR-220 within 20 days of its mailing; an appeal after a court trial within 30 days on form CR-142 (CR-141-INFO).
Chapter 1 (Rules 1.0 to 1.3): the rules known as the Local Rules of the Superior Court of California, County of Sutter, cited as SCLR followed by the appropriate number, effective on July 1, 2013 (1.0); the Local Rules construed and applied so as to avoid conflict with the California Rules of Court and liberally construed to serve the efficient administration of justice, the California Rules of Court incorporated within them and supplemented by them (1.1); the definitions of Clerk, County, Court, CCP and CRC (1.2); sanctions under CCP § 575.2 for failure to comply with any provision of the Local Rules (1.3).
Chapter 2 (Rules 2.0 to 2.3): notice under CRC 2.956 and Government Code § 68086 that official court reporters are normally provided in Departments 1, 2 and 3 for criminal proceedings (all felony matters except arraignments, and misdemeanor trials, with juvenile proceedings in Department 3), in Department A for juvenile proceedings, petitions to declare a minor free from parental custody and control and petitions for termination of parental rights, and in Department B for mental health proceedings, LPS conservator proceedings and appellate hearings, and for those proceedings regardless of the department, official court reporters and electronic recording not regularly provided for civil hearings, civil trials or hearings on requests for orders or motions in family law matters, and parties making their own arrangements with a reporting service (2.0); no person, except those authorized, to enter the courthouse or any courtroom with a weapon or device described in Penal Code section 171b or any other item that may reasonably be used as a weapon - among them pepper spray, knives even if less than four inches in length, scissors, screwdrivers, metal combs, ice picks, letter openers and knitting needles - court security staff to search any person entering, and the items returned for securing in the individual's vehicle or confiscated until the individual leaves the courthouse (2.1); electronic filing and service under California Code of Civil Procedure section 1010.6 and California Rules of Court, Rules 2.250 et seq. - mandatory in all civil, probate and family law cases, self-represented parties and non-parties exempt, an attorney excused on undue hardship or significant prejudice by a Request for Exemption (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008), permissive in the case types listed on the court's website, filed using one of the court's approved electronic filing service providers under the court's electronic filing requirements, a document submitted on a court day between 12:00 a.m. and 11:59:59 p.m. deemed filed that day and one submitted on a noncourt day deemed filed on the next court day, a fee waiver on forms FW-001 and FW-002, counsel and parties solely responsible for redacting personal identifiers, the documents excepted or excused, a Notice of Manual Filing for a document or exhibit filed manually, documents submitted to the courtroom clerk during trial also filed electronically by the following court day, and a Notice of Change of Address when an electronic notification address changes (2.2); photographing, recording and broadcasting strictly prohibited in the courthouse and any courthouse facility except as authorized by the court or as permitted in California Rules of Court, Rule 1.150, each term as the rule means it, law enforcement personnel with body-worn cameras not to activate the recording function except in law enforcement activities in the courthouse, and a violation the basis for an order terminating media coverage or prior authorization, a citation for contempt of court, or an order imposing monetary or other sanctions (2.3).
Chapter 3 (Rule 3.0): case management rules adopted pursuant to the Trial Court Delay Reduction Act of 1986 (Government Code §68600 et seq.) for all general civil cases filed on or after July 1, 1992, a general civil case being any civil case except probate, guardianship, conservatorship, juvenile, small claims, unlawful detainer and family law proceedings, collections cases under CRC 3.740, other civil petitions and cases assigned to a judge for all purposes (3.0); uninsured motorist cases not subject to the rules until 180 days after designation (3.0); three plans with disposition goals of 12, 18 and 24 months in compliance with CRC 3.714, every general civil case initially assigned to Plan 1 and reassigned for good cause on the factors of CRC 3.715, and exceptional cases exempted under CRC 3.714(c) (3.0); a case management conference set no later than 180 days after filing of the initial complaint, the clerk to issue the notice of the first conference at filing and the filing party to serve it with the complaint, each party's case management statement under CRC 3.725, and counsel and self-represented parties to attend fully prepared to discuss the matters of CRC 3.724 and CRC 3.727, the court to enter orders as specified in CRC 3.728 (3.0).
Chapter 4 (Rules 4.0 to 4.5): ex parte communication with court-appointed or court-connected child custody mediators and child custody evaluators prohibited except as allowed by statute and California Rules of Court, including Family Code section 216 and CRC 5.235 (4.0); child custody evaluations and evaluators under CRC 5.220 et seq., the qualifications, training, continuing education and experience of CRC 5.225 and CRC 5.230, an evaluator who does not meet them appointed only in the circumstances permitted by CRC 5.225, no peremptory challenge to a court-appointed evaluator, a private evaluator with good cause for withdrawal to notify the parties in writing, complaints about a court-connected evaluator in writing to the Court Executive Officer and about a private evaluator to the evaluator and then the licensing or regulatory board, and information posted on how to find qualified evaluators (4.1); complaints about court-appointed counsel for a child in writing to the Court Executive Officer, who in consultation with the Presiding Judge will investigate (4.2); courts issuing criminal protective orders and courts issuing child custody or visitation orders to make reasonable efforts to determine whether the other orders exist, and a court that issued a criminal protective order able to modify it after consultation to allow or restrict contact between the restrained person and his or her children (4.3); complaints about mediation services in writing to the Court Executive Officer (4.4); the services of the Family Law Facilitator under Family Code section 10004 and the additional duties of Family Code section 10005 as required by the court (4.5).
Chapter 5 (Rules 5.0 to 5.1): attorneys representing parties in juvenile dependency proceedings to meet the minimum standards of competence of these rules and CRC 5.660(d), absent a knowing and intelligent waiver: a Certification of Competence on Local Form JV-05 within 10 days of the first appointment, the court able to determine on conduct or performance that an attorney does not meet the standards, certification by another county's juvenile court accepted, the training and education of CRC 5.660(d)(3) or sufficient recent experience, at least eight (8) hours of continuing education every three years and a new Certification of Competence, an attorney to be decertified with 20 days from the mailing of the notice to submit evidence of completion, the standards of representation, contact information and caseload of CRC 5.660(d)(3)-(5) and Welfare and Institutions Code section 317(e), complaints in writing to the Court Executive Officer, notice by declaration of a dependent child's interest or right in another judicial or administrative forum and the court's further action, requests for continuances in writing, and an attorney appointed as guardian ad litem in proper cases (5.0); contested matters: informal pre-hearing discovery under CRC 5.546, a discovery motion under CRC 5.546(f) after the parties meet and confer, its hearing date from the Court Clerk, Juvenile Division, filed and served at least five (5) court days before the hearing and responsive papers two (2) court days before, social study reports prepared by CPS (dispositional reports at least 48 hours and reviews at least ten (10) calendar days before the hearing), experts' names and reports ten (10) calendar days before, witness lists 48 hours before, counsel to confer at least one court day before, settlement conferences before the jurisdictional hearing with the trial attorneys, their clients and a representative of CPS with authority to settle present, and mediation as the court deems necessary (5.1).
Chapter 6 (Rule 6.0): a defendant charged with a Vehicle Code infraction or a violation of a local ordinance adopted pursuant to the Vehicle Code may elect a trial by written declaration under Vehicle Code section 40902, unless notified by the court that personal appearance is mandatory (6.0).
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.