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local civil rule 16

CIVIL RULE 16: ELECTRONIC FILING AND SERVICE

A. GENERAL

Refer to Rule 6 of the General Court and Administration Rules.

(Eff. 6/20/16)

B. ORDERS AFTER HEARING IN CIVIL DIVISION CASES

Proposed orders may not be submitted with moving papers before a hearing on a regularly-noticed motion unless ordered by the Court or if otherwise required by applicable statute or Rule of Court (such as motions to be relieved as counsel, petitions for compromise of minors’ claims, orders on objections to evidence in summary judgment motions, pro hac vice applications, applications for writs of attachment, etc.). If instructed to prepare an order after a hearing, proposed orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020. At the same time as the EFS-020 and the PDF proposed order are lodged with the Court electronically, a version of the proposed order in an fully editable word-processing format (preferably in MS Word format, and not PDF or PDF converted to a word format) shall be submitted to the court by electronic mail using  an  address  identified  on  the  court’s  website.  Judicial Council form orders or other PDF orders shall not be submitted to the email box, except to provide notice that the order has been electronically filed. In submitting proposed orders after hearing to a department email box, the subject line of the email shall include the case number, case name, and hearing date. Unless requested by the Court, no other form of order shall be submitted to a department email box, including without limitation PDF orders, stipulations, ex parte applications, or other requests for orders. All stipulations must be electronically filed with an EFS-020 cover sheet, or submitted in paper form by ex parte application during ex parte hours. (See Local Civil Rule 8.F.)

(Eff. 07/01/19)

C. EX PARTE APPLICATIONS

See Local Civil Rule 8.F. Applications for ex parte orders in Civil Division cases shall be submitted to the court in paper form in the dropbox at DTS during the ex parte hours of 8:15 to 9:00 a.m. in accordance with Local Civil Rule 8.F. and the California Rules of Court. The application will be scanned by the Clerk to the efiling system, and submitted to the pretrial judge for consideration. Notice and service of the application must be provided as required by the Rules of Court by no later than 10:00 a.m. the court day before the ex parte application is submitted with proof of notice filed with the application. The applicant must inform the court if the application is or will be opposed. A separate form of order must be submitted with the application attached to Form EFS-020. All ex parte applications will be heard on the papers unless the Court orders otherwise, or if either party shows good cause for a hearing. If either party requests a hearing, the application must so state, and the court will contact the parties to schedule a hearing (either in person or by telephone) if good cause is found. Any written opposition to the application or request for hearing must be submitted by dropbox at DTS no later than the end of the day that the application was submitted to the Clerk. The court will attempt to rule on the application within 24 hours.

All other stipulations, and requests for orders must be electronically filed. No orders containing the court’s original signature may be submitted through e-filing and will be rejected.

(Eff. 8/25/20)

D. EX PARTE APPLICATIONS BY TELEPHONE

Any party filing an ex parte application who seeks to appear telephonically pursuant to Rules of Court, Rule 3.670(d) and (h), must submit the ex parte application clearly marked as “Telephone Appearance” in paper form during ex parte hours two full court days before the requested appearance. The application must be served as required by Rule 3.670(h)(3)(b) at or before the same time.  The telephonic ex parte application must be submitted by dropbox at DTS and will be scanned by the Clerk to be submitted to the assigned department after filing.

(Eff. 08/25/20)

 


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