Motions and Hearings

Oppositions and Replies

All papers opposing a motion shall be filed directly in the department in which the matter is to be heard, and shall be served upon opposing counsel at least 9 court days before the hearing by personal delivery, facsimile transmission, express mail, or other means designated to ensure that the opposition and reply papers are received no later than one court day after filing.

All replies shall be filed directly in the department in which the matter is to be heard, and shall be served upon opposing counsel at least 5 court days before the hearing by personal delivery, facsimile transmission, express mail, or other means designated to ensure that the opposition and reply papers are received no later than one court day after filing.

Failure to comply with the requirements concerning filing and serving opposing and reply papers may, in the discretion of the court, be deemed cause for acting on the matter without consideration of the document filed in violation of the requirements and may be deemed cause for imposing sanctions.

Oppositions and replies for Law and Motion departments 53 and 54, shall be filed at 720 9th Street, Room 102 at the Civil Filing Window.

Fees

Motion and Ex Parte Motion

The fee to file a motion or other paper requiring a hearing, including GC 70617 (a), Motions listed in CCP 1005 (a) (1)-(12), Motion or Application to Continue Trial Date, Motion for a New Trial or Ex Parte Application requiring a party give notice of the ex parte appearance to other parties would be $40.00 per remedy sought, whether requests are filed on one pleading or multiple pleadings.

Sanctions

Sanctions ordered in civil cases are paid at the Civil Filing Windows located in the Gordon D. Schaber Sacramento County Courthouse at 720 9th Street, in room 102. Payments can be submitted in person between the hours of 8:30 a.m. and 4:00 p.m., sent by regular mail, sent by priority mail, or placed in the court's drop box.

Stipulation and Order

The fee to file a stipulation and order, except for a stipulated judgment or structured settlement agreement, is $20.00 plus any first paper fees due on behalf of any defendant, respondent, or intervenor, who has signed the stipulation and has not already paid such fees.

Guardian ad Litem

The fee to file a petition for appointment of a guardian ad litem is $40.00 per petition submitted.

Applications

The fee to file an application and/or order is $40.00. The fee for a request or application for continuance of hearing or case management conference is $20.00. If the filing party has not yet appeared on the case, a first appearance fee will be due in lieu of the fees listed above.

Order After Hearing

There is no fee for an order after hearing.

Orders to Show Cause (CMP Cases)

Local Rules Chapter 11 provides for hearings generated by orders to show cause for failure to meet timelines and for other violations of the CMP program rules. Whenever a hearing is ordered, the offending party must file an Attorney's Compliance Statement not later than fifteen days before the hearing date, explain the reasons for noncompliance, and appear at the hearing unless specifically excused by the judge. At the hearing, the judge may set new timelines, dates for compliance, and/or impose sanctions for the failure to comply. The court does allow for alternatives to appearing at the order to show cause hearing.

Attorney's Compliance Statements are filed at the Civil Filing Window located at 720 9th Street, in Room 102, on the first floor of the Gordon D. Schaber Sacramento County Courthouse unless the hearing is within 5 business days. If your hearing is within 5 business days, the Attorney's Compliance Statement is filed directly in the appropriate department If you are approaching the last day to file your statement, it is recommended that it be submitted in person or sent priority mail to ensure it is filed in a timely manner.

Compromise Claims of Minors and Incompetent Persons

All petitions and orders for the compromise of claims of minors or incompetent persons shall be filed in compliance with Probate Code section 3500 - external link and Code of Civil Procedure section 372 - external link, whether by way of compromise, covenant not to sue, or stipulated judgment. Petitions and orders shall, in addition to the applicable requirements of California Rules of Court, rule 2.100 - external link, comply with Local Rule 10.01.

If a complaint has already been filed with the court, all petitions will be assigned to the appropriate department by the clerk of the court in Room 102, with no filing fee due. If a complaint has not already been filed, parties must submit appropriate filing fees along with (1) for limited civil cases, a complaint and a petition to compromise the claim of a minor or incompetent person, (2) for unlimited civil cases, a petition to compromise the claim of a minor or incompetent person only. Complaints and petitions are filed with the Civil Unit at 720 9th Street, in room 102, at the Civil Filing Window, prior to assignment to the appropriate department.

The following table shows the judicial assignments for petitions to compromise the claim of a minor or incompetent person as designated by the Presiding Judge:

• Department 22 - Judge Hom
  • 916-874-5762
• Department 24 - Judge Thorbourne
  • 916-874-6687
• Department 40 - Judge Nunley
  • 916-874-7001
• Department 45 - Judge Hersher
  • 916-874-8240

Requests for withdrawal of minor's funds are heard in the Probate Division and will be allowed only upon filing a verified petition, unless the order compromising the claim specifically provides that the funds may be withdrawn once a minor reaches 18 years of age. The petition shall be on the adopted Judicial Council form, and may be purchased in a local packet of forms and instructions available for $2.10 at the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road in room 214.