Sunday, September 21, 2014

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 $60.00 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 intervener, 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 $60.00 per petition submitted.

Applications

The fee to file an application and/or order is $60.00. 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.

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 also comply with the applicable requirements of California Rules of Court, rule 2.100 - external link, et seq.

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 may be submitted by mail or dropped off with the Civil Unit at 720 9th Street in Room 102 prior to assignment to the appropriate department.

Petitions to compromise the claim of a minor or incompetent person are assigned to the Honorable Christopher E. Krueger presiding in Department 44. The clerk of Department 44 can be reached at (916) 874-8243.

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.