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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior


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 Motion to File Document Under Seal

 Superior Court of California

This is a preview. For access to the full SmartRules Guide,
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 Santa Clara

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 Timing

When Need Arises

Before Cut-Off Date

Judges often set a motion cut-off date or deadline.Counsel are advised to schedule the hearing on any motion to file documents under seal before the motion more...

Service of Motion Papers

Personal Service 16 Days Before Hearing

If papers are served by personal service, service must be made at least 16 court days before the more...

Extensions For Traditional Mail Service

If service is made by mail, service must be made at least 16 courts days before the hearing, more...

.

Extensions For Facsimile or Express Mail Service

There are two authorities with differing requirements regarding service by facsimile (but there is only source of timing requirements more...

Extension for Electronic Service--2 Court Days

If a document is served electronically, any period of notice, or any right or duty to act or more...

Calculating the Deadline

The time in which any act provided by law is to be done is computed by excluding the more...

If the last day for the performance of any act provided or required by law to be performed more...

If any city, county, state, or public office, other than a branch office, is closed for the whole more...

Order Shortening Time

The court, on its own motion or on application for an order shortening time supported by a declaration more...

Scheduling the Hearing

Pre-trial motions that do not pertain to discovery matters are heard on the law and motion calendar in more...

Discovery motions are heard on the discovery calendar in the Discovery Department. The discovery calendar is called on more...

A party seeking a hearing date on the law and motion calendar or the discovery calendar must contact more...

A directory of Santa Clara Superior Court judicial officers can be found online at: . more...

Call to Confirm Hearing

Note: Be sure to call the court the day before the hearing to check the tentative ruling, and more...

 Rules and Requirements

Motion Pursuant to California Rules of Court 2.550 and 2.551

This procedural guide covers the requirements for motions to file documents under seal pursuant to .These rules apply to, and this procedural guide covers, motions regarding discovery materials that are used at trial more...

Not Applicable to Records Required by Law to be Kept Confidential or Records Filed With Discovery Motions

551 do not apply to, and this procedural guide does not cover, motions regarding records that are required more...

Motion Required

If a party desires to file a document under seal, it must do so by motion or application. more...

Findings Required To Support Order

The court may order that a record be filed under seal only if it expressly finds facts that more...

.

Eligibility of Documents For Sealing

Courts have found that various statutory privileges, trade secrets, and privacy interests may support the findings necessary to more...

If The Motion Is Denied

If the motion or application is denied, the clerk must return the lodged record to the submitting party more...

False Claims Act Documents [Gov't Code 12650 et seq.]

California Rule of Court 2.570 for rules and regulations regarding filing False Claims Act documents under seal. more...

 Moving Papers

Caption

Demurrer

A demurrer must state, on the first page below the number of the case, the name of the more...

Subsequent Papers

On any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in the title of the case to state the name of the first party on more...

Additional Information

The first page of the motion or demurrer must specify, immediately below the number of the case, the more...

Notice of Motion

Every motion must include a written notice of motion that sets forth when and where the motion will more...

A notice of motion must state in the opening paragraph the nature of the order being sought and more...

Motion

Motion papers must include "the motion itself." .A motion must identify the moving party and the party to whom it is addressed, briefly state the more...

Memorandum of Points and Authorities

Required

Every motion must be supported by a memorandum unless the motion is one of the types specifically exempted more...

To the extent practicable, a memorandum and its supporting declarations should be attached to the notice of motion. more...

Content

The memorandum must contain a statement of facts, and a concise statement of the law, evidence and arguments more...

15 Page Limit on Briefs

Except in a summary judgment or summary adjudication motion, a memorandum of points and authorities in support of more...

Table of Contents

A memorandum that exceeds 10 pages must include a table of contents and table of authorities. . more...

Summary of Argument

A memorandum that exceeds 15 pages must also include an opening summary of argument. . more...

Citations to Authority and Exhibits

Case citations must include the official report volume and page number and year of decision. . more...

A judge may require that authority from outside California be lodged with the papers that cite the authority more...

References to exhibits must include the number or letter of the exhibit, the specific page and specific paragraph more...

Reference to Previously Filed Papers

Any paper previously filed must be referred to by date of execution and title. . more...

Style of Citations

Citations to cases and other authorities in all documents filed in the courts must be in the style more...

Lodging of Documents to Be Sealed

The documents at issue must be lodged with the clerk when the application or motion is made. more...

If necessary to prevent disclosure, any motion, opposition, and supporting documents must be filed in a public redacted more...

Signature

Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. more...

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, more...

Additional Requirements

Santa Clara County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Evidence

Written

Papers that may be filed in support of a motion include declarations, exhibits, appendices, and other documents or pleadings. more...

Evidence received at a law and motion hearing must be by declaration, or request for judicial notice, without more...

Request To Present Testimony

A party wishing to present oral evidence at a hearing must file, no later than 3 court days more...

Declarations

Santa Clara County SmartRules procedural guide: DECLARATIONS. more...

Judicial Notice

Santa Clara County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

Deposition Testimony

The first page of any deposition testimony used as an exhibit must state the name of the deponent more...

 Additional Documents

Proposed Order

A proposed order may be lodged and served with moving or opposition papers but must not be attached more...

Proposed orders may be filed and submitted electronically as provided in . . more...

Santa Clara County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

 Filing & Service

Filing

Method

Santa Clara County SmartRules procedural guide: FILING DOCUMENTS. more...

Fee Schedule

The fee schedule for Santa Clara County Superior Court is online at: . more...

Proof of Service

Proof of service of moving papers must be filed no later than 5 court days before the hearing more...

Service

On Each Party

A copy of the document must be served on the attorney for each party separately represented, and on more...

On Attorney of Represented Party

Service must be made on the party's attorney if the party is represented. . more...

Required

A copy of the motion or application must be served on all parties who have appeared in the more...

Redacted and Unredacted Versions

Unless the court orders otherwise, any party that already possesses copies of the records to be placed under more...

Parties Responsible for Electronic Service

Parties are responsible for electronic service. A party may serve documents electronically directly, by an agent, or through more...

Traditional Service Required for Nonparty

A document may not be electronically served on a nonparty unless the nonparty consents to electronic service or more...

Fax Service--Agreement Required

Service by fax transmission is permitted only if the parties agree and a written confirmation of that agreement more...

Fax Service--Service on Last Given Fax Number

Any notice or other document to be served must be transmitted to a fax machine maintained by the more...

 Hearing & Disposition

Continuances

A scheduled motion may be continued only upon application to the judge who is to hear the motion, more...

Any request for relief by the party responding to the motion will remain set for hearing unless continued more...

.

Appearance at the Hearing

A party may give notice that he or she will not appear at a law and motion hearing more...

Matter Not To Be Heard

The moving party must immediately notify the court if a matter will not be heard on the scheduled more...

Tentative Rulings

The Court follows 1308(a)(1) for those departments that have elected to issue tentative rulings in civil law and more...

Those departments issuing tentative rulings will do so generally by 2:00 p.m., and no later than 3:00 p.m., more...

Appearances may be by telephone (through CourtCall) or in person. more...

The tentative ruling will automatically become the order of the Court on the scheduled hearing date if the more...

.

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . Santa Clara County SmartRules procedural guide: more...

Ruling and Order

Santa Clara County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

Requirements For An Order Sealing Documents

Orders sealing the record must: more...

 

 

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior