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local civil rule 7

CIVIL RULE 7: PRETRIAL MOTIONS AND EX-PARTE PROCEEDINGS

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 AND REQUESTS TO TAKE MOTIONS OFF CALENDARS

A scheduled motion may be continued only upon application to the judge who is to hear the motion, upon a showing of good cause. A scheduled motion may be taken off calendar by the moving party no later than on the third court day before the hearing, and thereafter only with the permission of the judge who is to hear the motion. Any request for relief by the party responding to the motion will remain set for hearing unless continued or withdrawn by that party.

(Eff. 1/01/12)

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.scscourt.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. The moving party or self-represented party applying for a civil harassment, elder abuse, private postsecondary school violence, transitional housing misconduct, or workplace violence restraining order must submit a Declaration in Support of Ex Parte Application for Civil Restraining Orders (attached local form CV-5014 ). 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. 1/01/13)

 


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