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

E. TENTATIVE RULINGS

The Santa Clara County Superior Court adopts CRC 3.1308(a)(1) as its tentative ruling procedure, for judges choosing to issue tentative rulings in civil law and motion and discovery matters. Tentative rulings will be available by 3:00 pm on the court day before the hearing. The telephone number for obtaining tentative rulings is 408-882-2100. Tentative rulings may also be posted on the Court’s website. If the Court has not directed oral argument, argument will be permitted only if a party gives notice of intent to appear to all other parties and to the Court by 4:00 pm on the court day before the hearing. The notice to the Court must be given to the department hearing the motion. The tentative ruling shall become the ruling of the Court if the Court has not directed oral argument by its tentative ruling and notice of intent to appear has not been given.

(Eff. 7/01/07)
 

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.

(Eff. 7/01/02)

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List of attached Civil local forms