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Local Civil Rules of Court
CIVIL RULE 7 PRETRIAL MOTIONS AND EX-PARTE
PROCEEDINGS
A. UNLIMITED CIVIL CASES
B. LIMITED CIVIL CASES
C. SCHEDULING HEARINGS
D. CONTINUANCES
E. TENTATIVE RULINGS
F. EX PARTE APPLICATIONS
A. UNLIMITED CIVIL CASES
(1) Pre-trial motions that do not pertain to
discovery matters are heard on the law and motion calendar in the department
of the case management judge. The law and motion calendar is called on
Tuesdays and Thursdays at 9:00 am.
(2) Discovery motions are heard on the discovery calendar in the Discovery
Department. The discovery calendar is called on Fridays at 9:00 am.
B. LIMITED CIVIL CASES
All pretrial motions, including discovery
motions, are heard on the law and motion calendar in the department of the
case management judge. The law and motion calendar is called on Tuesdays and
Thursdays at 9:00 am. In South County, the law and
motion calendar is called on Mondays at 9:00 a.m.
C. SCHEDULING HEARINGS
A party seeking a hearing date on the law and motion
calendar or the discovery calendar must contact the calendar clerk to obtain
approved alternate dates for the hearing. If possible, the party should
obtain agreement to one of the alternate dates from all opposing parties.
When a date is chosen, the party must inform the calendar clerk.
(Eff. 1/01/03)
D.
CONTINUANCES
Continuances of scheduled hearings may be
obtained only upon application, for good cause, to the department scheduled
to hear the motion.
E. TENTATIVE RULINGS
The Court follows CRC 3.1308(a)(1) for those departments
that have elected to issue tentative rulings in civil law and motion and
discovery matters. Counsel and litigants are responsible for determining
whether the department hearing their motion has made this election. Those
departments issuing tentative rulings will do so generally by 2:00 p.m., and
no later than 3:00 p.m., on the court day preceding the scheduled hearing.
If the Court has not directed oral argument, a party contesting a tentative
ruling must give notice of its intention to appear to the other side and the
Court no later than 4:00 p.m. on the court day preceding the scheduled
hearing. Appearances may be made by telephone (through CourtCall) or in
person. The tentative ruling will automatically become the order of the
Court on the scheduled hearing date if the Court has not directed oral
argument and if the contesting party fails to timely notice an objection to
the other side and the Court. Tentative rulings will be posted on the Court's website,
www.sccsuperiorcourt.org,
where further information may be found. If a party does not have access to
the internet, the tentative ruling may be accessed by calling Court Services
at (408) 882-2515. Questions about these procedures may be addressed to the
specific department where the matter is to be heard.
(Eff. 1/01/10)
F. EX PARTE APPLICATIONS
Ex-parte applications are heard every court
day between 8:15 and 9:00 am. If the ex-parte application concerns a
discovery matter, it must be brought to the Discovery Department. Otherwise,
it must be brought to the department of the case management judge. In South
County, ex parte applications are heard every court day at 1:00 p.m. All ex
parte applications are heard only in compliance with CRC 3.1203(a), which
requires notice to 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
a shorter time for notice.
(Eff. 1/01/09)
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List of attached Civil local forms
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