CALIFORNIA COURTS

File in the California Superior Court in the county where the accident occurred or where the defendant lives. If your claim is $12,500 or less, you may use small claims court (SC-100). If more, file an unlimited civil complaint with CM-010 and SUM-100.

Limited civil cases involve $35,000 or less in damages. Unlimited civil cases involve more than $35,000. Different filing fees, discovery rules, and appeal procedures apply. Cal. Civ. Proc. Code § 85.

Yes, if California has personal jurisdiction over the defendant — meaning they have sufficient contacts with California (e.g., the events occurred here, they do business here, or they consented to jurisdiction). This is governed by California's long-arm statute (Cal. Civ. Proc. Code § 410.10) and due process.

Federal courts have jurisdiction over: (1) cases arising under federal law (federal question jurisdiction, 28 U.S.C. § 1331), and (2) cases between citizens of different states where the amount exceeds $75,000 (diversity jurisdiction, 28 U.S.C. § 1332). Most state-law claims between California residents stay in Superior Court.

Eviction cases (unlawful detainer) are filed in the California Superior Court of the county where the property is located. Use UD-100 (complaint) and SUM-130 (summons for unlawful detainer). These are expedited proceedings with short timelines.

File a Petition for Dissolution of Marriage (FL-100) in the Superior Court of the county where either spouse has lived for at least 3 months. California has a 6-month residency requirement for dissolution.

Restraining orders are handled by the California Superior Court. Domestic violence restraining orders use DV-100. Civil harassment restraining orders use CH-100. Workplace violence uses WV-100. Elder abuse uses EA-100. File in the county where the protected person lives.

The California Supreme Court is the highest court in the California state court system. It reviews Court of Appeal decisions via 'petition for review' (CRC 8.500). The U.S. Supreme Court is the highest court in the federal judiciary. It reviews federal circuit court and state supreme court decisions involving federal questions via 'petition for certiorari' (28 U.S.C. § 1257). These are entirely separate systems with different rules, forms, and deadlines.

Small claims court is a simplified division of Superior Court for disputes of $12,500 or less (individuals) or $6,250 or less (businesses). No attorneys are allowed at the hearing. The process is informal, faster, and cheaper than regular civil court. File SC-100 to start.

Generally, file in the county where the defendant lives or has a place of business (Cal. Civ. Proc. Code § 395). For real property disputes, file where the property is located (§ 392). For personal injury, you can also file where the injury occurred. For contracts, where the contract was to be performed.

This determines your workflow: (1) Starting: you file a complaint/petition as plaintiff/petitioner, (2) Responding: you file an answer/response as defendant/respondent, (3) Appealing: you file a notice of appeal to challenge the court's decision, (4) Enforcing: you use post-judgment remedies (wage garnishment, property liens, bank levies) to collect what the court awarded you.

You have the right to represent yourself in California courts (pro se or 'in pro per'). However, for complex cases (criminal defense, child custody, immigration, bankruptcy), having a lawyer is strongly recommended. California's self-help centers provide free assistance. Legal aid organizations provide free lawyers for qualifying individuals.

The U.S. Court of Appeals for the Ninth Circuit is the federal appellate court covering California, plus Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. It reviews decisions of federal district courts in those states. It is NOT part of the California state court system.

Generally no — you file in one or the other. If you file in state court, the defendant may 'remove' certain cases to federal court (28 U.S.C. § 1441). If both state and federal claims exist, you may have a choice of forum. Consult the specific jurisdictional requirements.

Probate cases are handled by the Probate Division of the Superior Court in the county where the deceased person lived. This includes wills, trusts, conservatorships, and guardianships.

Workers' compensation claims are filed with the California Division of Workers' Compensation (DWC), NOT in Superior Court. This is an administrative proceeding handled by the Workers' Compensation Appeals Board (WCAB).

Unlawful detainer is the legal term for an eviction lawsuit in California. It is an expedited court proceeding where a landlord seeks to remove a tenant. The defendant has only 5 days to respond (instead of the usual 30). Filed in Superior Court using UD-100.

The California Supreme Court has: (1) discretionary review of Court of Appeal decisions via petition for review, (2) mandatory jurisdiction over death penalty appeals, (3) original jurisdiction for writs (habeas corpus, mandamus, certiorari, prohibition), and (4) authority to review State Bar discipline recommendations.

Civil cases are disputes between private parties (or the government as a party in a non-criminal matter) seeking money damages, injunctions, or other relief. Criminal cases are brought by the government (DA/prosecutor) against a person accused of violating criminal law. You generally cannot file a criminal case yourself — report crimes to law enforcement. The distinction matters because different courts, procedures, burdens of proof, and rights apply.

At minimum: (1) a Complaint (Judicial Council form or custom pleading), (2) Civil Case Cover Sheet (CM-010), and (3) Summons (SUM-100). If you need a fee waiver, also file FW-001. Check your county's local rules for any additional required forms.

Unlimited civil (over $35,000): $435 first-paper filing fee. Limited civil ($35,000 or less): $370. Small claims: $30 (up to $1,500), $50 ($1,500–$5,000), or $75 (over $5,000). Fee waivers are available via FW-001 for qualifying individuals.

Complete SC-100 (Plaintiff's Claim and ORDER to Go to Small Claims Court). File it with the clerk of the Superior Court in the correct county. The clerk will set a hearing date. Then serve the defendant with a copy at least 15 days before the hearing (25 days if by mail).

For domestic violence: file DV-100 (Request for DVRO) at the Superior Court. The court will consider a temporary order (usually same day) and set a hearing within 21–25 days. For civil harassment: use CH-100. For workplace violence: WV-100. For elder abuse: EA-100.

File FL-100 (Petition — Marriage/Domestic Partnership) and FL-110 (Summons — Family Law) in the Superior Court of the county where either spouse has lived for 3+ months. Serve the other party. They have 30 days to file a Response (FL-120). California has a mandatory 6-month waiting period before the divorce can be finalized.

A complaint starts a civil lawsuit (plaintiff vs. defendant). A petition starts a proceeding where the court is asked to exercise a specific power (e.g., divorce, adoption, name change, guardianship). The petition is addressed to the court; the complaint is directed at the opposing party. Different procedures apply.

After properly serving a notice to quit and the notice period expires, file UD-100 (Complaint — Unlawful Detainer) and SUM-130 (Summons — Unlawful Detainer) in the Superior Court where the property is located. The defendant has only 5 days to respond.

Many California Superior Courts accept e-filing. Availability varies by county and case type. Check your county court's website for e-filing options. Common platforms include Odyssey, File & ServeXpress, and local court portals.

CM-010 (Civil Case Cover Sheet) is a MANDATORY form filed with every new civil complaint in California Superior Court. It identifies the case type, complexity, and related cases. Filing without it may cause your case to be rejected.

A summons is an official court document that notifies the defendant that they are being sued and must respond within a specified time. In California civil cases, the clerk issues the summons (SUM-100) when you file your complaint. You then serve it on the defendant along with the complaint.

File NC-100 (Petition for Change of Name) in the Superior Court of the county where you live. The court will set a hearing date. You must publish the petition in a local newspaper for 4 consecutive weeks before the hearing (unless the court grants an exemption).

Yes, but class actions are complex. They must meet requirements under Cal. Civ. Proc. Code § 382 (or Federal Rule 23 in federal court): numerosity, commonality, typicality, and adequacy. You generally need an attorney for class action litigation.

File GC-210 (Petition for Appointment of Guardian of the Person) and/or GC-210(P) in the Superior Court. Background checks (CLETS) and an investigation by the court are required. This is complex — the self-help center can assist.

In a regular civil case: 30 calendar days from service to file an Answer or other responsive pleading. In an unlawful detainer (eviction): only 5 calendar days. In family law: 30 days. Missing the deadline can result in a default judgment against you.

A default judgment is entered when the defendant fails to respond to a lawsuit within the required time. The plaintiff wins by default — often getting everything they asked for. To avoid it, file your Answer (or other responsive pleading) before the deadline. If a default has already been entered, you may be able to file a motion to set it aside (CCP § 473).

An Answer is the defendant's formal response to the plaintiff's complaint. It admits or denies each allegation and raises any affirmative defenses (e.g., statute of limitations, comparative fault). Use the appropriate Judicial Council form (e.g., PLD-C-010 for contracts) or draft a custom answer following CRC formatting rules.

Yes. If you have claims against the plaintiff or a third party arising from the same events, you can file a cross-complaint. It must be filed with your Answer or by leave of court. Use CRC-formatted pleading paper or appropriate Judicial Council forms.

File UD-105 (Answer — Unlawful Detainer) within 5 CALENDAR DAYS of being served. This is an extremely short deadline. If you miss it, the landlord can get a default judgment. Assert all applicable defenses (e.g., improper notice, uninhabitable conditions, retaliation).

A demurrer is a legal challenge to the sufficiency of a complaint — arguing that even if all facts alleged are true, they don't state a valid legal claim. Filed instead of or before an Answer. The court either sustains (often with leave to amend) or overrules. Cal. Civ. Proc. Code § 430.10.

A motion to strike asks the court to remove irrelevant, false, or improper matter from a pleading. In the anti-SLAPP context (Cal. Civ. Proc. Code § 425.16), it can be used to dismiss claims arising from protected speech or petition activity — the defendant need only show the claim arises from protected activity, then the burden shifts to plaintiff to show probability of prevailing.

You must comply with a lawfully served subpoena. If compliance is burdensome, you may file a motion to quash (Cal. Civ. Proc. Code § 1987.1) before the compliance date. Consumer subpoenas (for personal records from third parties) require notice to you — you have the right to object.

The plaintiff may request entry of default (CIV-100), then a default judgment. You may file a motion to set aside the default under CCP § 473(b) (mistake, inadvertence, surprise, or excusable neglect — 6-month deadline) or CCP § 473(d) (void judgment — no time limit). Act quickly.

If the opposing party files a petition for review, you may file an answer within 20 days (CRC 8.500(e)). The answer should explain why review should not be granted. If you won in the Court of Appeal, you generally argue the appellate decision was correct and no grounds for review exist.

Common affirmative defenses in California include: statute of limitations, comparative fault, assumption of risk, consent, estoppel, laches, waiver, failure to mitigate, accord and satisfaction, release, res judicata, and statute of frauds. Failure to raise an affirmative defense in your Answer may waive it.

File a Notice of Motion (MC-031 or custom format), a supporting memorandum of points and authorities, and any supporting declarations (MC-030). Serve the opposing party at least 16 court days before the hearing (plus additional days for service by mail). File a proof of service. Reserve a hearing date.

A motion for summary judgment (MSJ) asks the court to decide the case without trial because there are no disputed material facts. The moving party must show that each element of a claim or defense is undisputed. Must be filed 75 days before the hearing. Cal. Civ. Proc. Code § 437c.

When the opposing party fails to respond to discovery requests or provides inadequate responses, you can file a motion to compel. You must first meet and confer with the opposing party in good faith (CCP § 2016.040). If they still don't comply, file the motion within 45 days of the inadequate response.

An ex parte application is an emergency request for court orders without the normal notice period. You must show irreparable harm, immediate danger, or other statutory basis. You must give notice to the opposing party (usually by 10 AM the court day before the hearing) unless a specific exception applies.

In California, this is typically a motion to quash service of summons (CCP § 418.10) — challenging the court's personal jurisdiction. In federal court, it's a Federal Rule 12(b) motion. The motion must be filed before or with the Answer, or the defense may be waived.

File a written motion or stipulation (if agreed by both parties) requesting a continuance. Show good cause. Court rules and local rules govern continuance procedures. Some courts require a specific form. Trial continuances under the Fast Track rules (Cal. Rules of Court, rule 3.1332) require a showing of good cause.

A motion in limine asks the court to exclude or admit specific evidence before trial begins. Filed before or at the start of trial. Common examples: excluding prior bad acts, limiting expert testimony, or excluding prejudicial photographs. This prevents the jury from hearing inadmissible evidence.

File an opposition brief (memorandum of points and authorities) and supporting declarations at least 9 court days before the hearing. Serve the moving party. You may also file a separate statement of disputed facts for summary judgment motions. Check local rules for page limits.

A motion for reconsideration (CCP § 1008) asks the same court to reconsider a previous ruling based on new facts, circumstances, or law. Must be filed within 10 days of service of notice of the order. You must show what new information justifies reconsideration.

A writ petition asks a higher court to order a lower court to take or refrain from an action. Types include mandamus (ordering a duty), prohibition (stopping an unauthorized act), certiorari (reviewing for error), and habeas corpus (challenging detention). Filed in the Court of Appeal or Supreme Court.

A declaration (MC-030) is a written statement of facts made under penalty of perjury. It substitutes for live testimony in many motions and hearings. Must include 'I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.' Cal. Civ. Proc. Code § 2015.5.

In California, declarations (under penalty of perjury) are used instead of affidavits (sworn before a notary). Both are statements of fact. Cal. Civ. Proc. Code § 2015.5 allows declarations to substitute for affidavits. In federal court, either may be used. In the U.S. Supreme Court, 28 U.S.C. § 1746 allows declarations.

Attach documents as exhibits to a declaration. In the declaration, state how you know the documents are authentic (e.g., 'Attached as Exhibit A is a true and correct copy of the contract I signed on [date]'). Business records require a custodian declaration under Cal. Evid. Code § 1271.

Yes. Text messages, emails, and social media posts can be evidence if properly authenticated. Attach screenshots or printouts as exhibits to a declaration and state how you know they are authentic (e.g., you were a party to the conversation, you can identify the phone numbers involved).

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted (Cal. Evid. Code § 1200). It is generally inadmissible unless an exception applies. Common exceptions: party admissions (§ 1220), business records (§ 1271), spontaneous statements (§ 1240), prior inconsistent statements (§ 1235).

Use a deposition subpoena (SUBP-001 for personal appearance, SUBP-010 for business records). Serve the subpoena personally. Consumer records (bank, phone, medical) require notice to the consumer (SUBP-025). Witnesses may be subpoenaed for trial using a civil subpoena.

Bring everything that supports your case: contracts, receipts, invoices, photos, text messages, emails, repair estimates, and any written agreements. Organize documents chronologically. You can bring witnesses. The judge will ask questions and may look at your evidence during the hearing.

File FW-001 (Request to Waive Court Fees). You qualify if: (1) income at or below 125% of federal poverty guidelines, (2) receiving Medi-Cal, CalFresh, SSI, CalWORKs, CAPI, IHSS, or Tribal TANF, or (3) cannot pay for basic household needs. File with your first court paper or at any time during the case.

A fee waiver covers court filing fees, motion fees, jury fees, fees for court-ordered mediation, and some other costs. It may NOT cover all expenses (e.g., court reporter fees in some cases, deposition costs). The court order (FW-003) specifies what is waived.

If the court denies your fee waiver, the order (FW-003) will explain why. You have 10 days to request a hearing to contest the denial. At the hearing, you can present additional evidence of your financial need.

Yes. Use APP-015/FW-015 (Request for Fee Waiver — Appellate Court) for appeals. The same eligibility criteria apply. File with your notice of appeal or as soon as possible.

You automatically qualify if your household income is at or below 125% of the federal poverty level. For 2026, that is approximately: 1 person: ~$19,400/year, 2 people: ~$26,250/year, 3 people: ~$33,100/year, 4 people: ~$39,950/year. You also qualify if receiving certain public benefits.

Yes. The court can reconsider and revoke a fee waiver if your financial situation changes, you provided false information, or the court later determines you don't qualify. If revoked, you must pay the previously waived fees.

Small claims filing fees are lower ($30–$75), but if you cannot afford them, you can still file FW-001. The fee waiver also covers service fees by the sheriff or marshal.

For initial service (complaint + summons): (1) Personal service — have someone 18+ (not you) hand-deliver to the defendant, (2) Substituted service — leave with someone at the defendant's home or workplace + mail a copy, (3) Service by mail with acknowledgment, (4) Service by publication (last resort, court order required). After initial service, most documents can be served by mail.

A Proof of Service (POS-040) is a sworn statement by the person who served the documents, confirming when, where, and how service was made. You need one every time you serve documents. File it with the court. Without it, the court won't know the other party was notified.

For the initial complaint and summons: only by acknowledgment of receipt (CCP § 415.30). The defendant must sign and return the acknowledgment. If they don't, you need personal or substituted service. After initial service, most other documents (motions, discovery) can be served by regular mail — add 5 calendar days to deadlines for mailing within California.

Electronic service is allowed if the other party consents or if the court has ordered mandatory e-filing (which includes electronic service). Cal. Rules of Court, rule 2.251. Many courts now require or allow electronic service for represented parties. Pro se parties generally must consent.

If you cannot locate the defendant after diligent search, you can ask the court for permission to serve by publication. File a declaration describing your search efforts. The court may order service by posting in a newspaper or at the courthouse. This is a last resort. CCP § 415.50.

NO — you cannot serve your own lawsuit papers (complaint, summons, subpoenas). The server must be: (1) 18 years or older, (2) not a party to the case. You can use a friend, a registered process server, or the county sheriff/marshal.

For a corporation: personally serve an officer, managing agent, general agent, or agent for service of process (check the Secretary of State's website). For an LLC: serve the agent for service of process. For a sole proprietorship: serve the owner.

Summons: serve within 60 days of issuance (CRC 3.110(b)). Motion papers: serve at least 16 court days before hearing (CCP § 1005). Opposition: 9 court days before hearing. Reply: 5 court days before hearing. Add days for service by mail (5 days within CA, 10 days out of state, 20 days international).

When personal service fails, you can leave the documents with a competent person at the defendant's home or workplace, AND mail a copy to that address. The server must attempt personal service first. Substituted service adds 10 days to the response deadline. CCP § 415.20.

File a Notice of Appeal (APP-002 for unlimited civil, APP-102 for limited civil) in the Superior Court within 60 days of the notice of entry of judgment (or 180 days of entry). This is a strict jurisdictional deadline. The appeal goes to the Court of Appeal (or Appellate Division for limited civil cases).

60 days from the date the clerk mails or a party serves the Notice of Entry of Judgment — OR — 180 days from the date of entry of judgment (whichever is earlier). Cal. Rules of Court, rule 8.104. This deadline is JURISDICTIONAL — the court cannot extend it.

Only the DEFENDANT (or the cross-complainant if a cross-claim was filed) can appeal a small claims judgment. The plaintiff CANNOT appeal. File SC-140 within 30 days. The appeal goes to the Appellate Division of the Superior Court, where a trial de novo (new trial) is held.

A petition for review asks the California Supreme Court to review a Court of Appeal decision. Governed by Cal. Rules of Court, rule 8.500. Grounds: (1) settling an important question of law, (2) resolving a conflict among appellate districts, (3) securing uniformity. Must be filed within 10 days of the Court of Appeal's decision.

Courts apply different standards depending on what is being reviewed: (1) De novo — legal questions (no deference to trial court), (2) Substantial evidence — factual findings (upheld if any reasonable evidence supports them), (3) Abuse of discretion — discretionary rulings (upheld unless clearly wrong). Identify the standard in your briefing.

Generally, NO. Appeals are decided on the record from the trial court. The appellate court reviews whether the trial court made legal errors, not whether different evidence might lead to a different outcome. Exceptions exist for judicial notice of post-judgment events in limited circumstances.

The Court of Appeal's decision becomes final. Your options: (1) If a federal question is involved, you may petition the U.S. Supreme Court for certiorari within 90 days. (2) If no federal question, the case is generally over. Denial of review is NOT a ruling on the merits.

A typical civil appeal in California takes 14–24 months from filing the notice of appeal to the Court of Appeal's decision. Complex cases may take longer. After briefing is complete, the court usually decides within 90 days.

In most civil cases, no bond is required to file an appeal. However, if you want to stay (pause) enforcement of the judgment during the appeal, you may need to post an appeal bond or provide other security. Cal. Civ. Proc. Code § 917.1.

An amicus curiae ('friend of the court') brief is filed by a non-party who has an interest in the case's outcome. At the U.S. Supreme Court: governed by Rule 37 (blanket consent at merits stage; motion needed at cert stage). In California: governed by CRC 8.200(c). Amicus briefs can help the court understand broader implications.

Oral argument is a live presentation before the appellate judges. In California Courts of Appeal, either party can request it; the court may also calendar it sua sponte. At the U.S. Supreme Court, oral argument is granted in all cases where cert is granted. It is typically 30 minutes per side at SCOTUS.

Yes. File a Notice of Appeal in the Superior Court within 60 days of the judgment. Criminal appeals go to the Court of Appeal. Appointed counsel is available for indigent defendants. The standard of review for sufficiency of evidence is substantial evidence.

A writ of habeas corpus challenges the legality of a person's detention or imprisonment. It can be filed in Superior Court, Court of Appeal, California Supreme Court, or federal court (28 U.S.C. § 2254). It is NOT a direct appeal — it raises claims that could not have been raised on direct appeal (e.g., ineffective assistance of counsel, newly discovered evidence).

E-filing availability varies by county and case type. Many Superior Courts accept or require e-filing for civil cases. Check your court's website for e-filing options and approved service providers. Appellate courts use TrueFiling.

Use TrueFiling (www.truefiling.com), the approved e-filing system for California Courts of Appeal and the Supreme Court. Create an account, upload your documents in PDF format, and submit. Pro se litigants may be exempt from mandatory e-filing.

PDF format is generally required. The PDF must be text-searchable (not just a scanned image). Some courts also accept Word documents that are converted to PDF. Maximum file sizes vary by system — check your specific e-filing provider.

Yes — e-filing with the court does not automatically serve the opposing party. However, if the other party is registered on the same e-filing system, electronic service may occur simultaneously. Otherwise, you must separately serve and file a proof of service.

E-filing service providers may charge a convenience fee in addition to court filing fees. Fee waivers cover court filing fees but may not cover the e-filing service provider's convenience fee — check with your specific provider.

For California state courts: Pacific Time. A document e-filed by 11:59 PM Pacific Time on the deadline day is timely. For the U.S. Supreme Court: Eastern Time. Check the specific court's rules for after-hours filing acceptance.

If the court rejects your e-filing (wrong form, incorrect format, missing information), you will receive a rejection notice explaining the reason. Fix the issue and re-file. Some courts allow nunc pro tunc filing (filing as of the original submission date) if the rejection was not your fault.

Local rules are court-specific rules that supplement the statewide California Rules of Court. Each of California's 58 Superior Courts has its own local rules governing procedures like filing, motions, discovery, and trial. Violating local rules can result in your filing being rejected or your motion being denied.

Check your county Superior Court's website. You can also access many local rules through the California Courts website at courts.ca.gov/rules.htm. Local rules cover everything from filing procedures to courtroom etiquette.

Each California appellate district has its own local rules and internal operating procedures. These supplement the California Rules of Court, Title 8. Check the specific district's website for its rules.

California Rules of Court, rule 2.108 et seq. specify: 8.5 × 11 inch paper, numbered lines (28 per page), 1-inch margins, 12-point font. Local rules may add requirements (e.g., case number format, courtesy copies). Appellate briefs have different formatting under CRC 8.204.

The clerk may reject your filing. The court may strike your motion or pleading. You may lose your hearing date. In some cases, failure to comply with local rules can result in sanctions. Always check local rules before filing.

Top mistakes: (1) wrong court or venue, (2) missing mandatory forms (CM-010, SUM-100), (3) improper service, (4) missing deadlines, (5) not checking local rules, (6) filing in the wrong format, (7) failing to file proof of service, (8) not requesting a fee waiver when eligible, (9) using outdated forms, (10) not keeping copies of everything filed.

Yes — file an amendment. For complaints: you can amend once 'as a matter of course' before the defendant files an answer (CCP § 472). After that, you need court permission. For other documents, file a corrected version or an errata. Act quickly.

Consequences vary: (1) Answer deadline missed: default judgment may be entered against you, (2) Appeal deadline missed: you lose your right to appeal (jurisdictional), (3) Discovery deadline missed: sanctions or evidence exclusion, (4) Motion deadline missed: motion may be denied. Some deadlines can be extended by stipulation or motion; others (like appeal deadlines) cannot.

Common reasons: (1) wrong form or missing mandatory form, (2) incorrect filing fee (or no fee waiver), (3) wrong court or wrong filing window, (4) formatting errors (wrong paper size, no line numbers, missing caption), (5) unsigned documents, (6) missing proof of service where required, (7) duplicate filing.

Yes — always bring at least 2 extra copies: one for the judge's file and one for you. Some courts require a 'courtesy copy' for the judge. Check local rules. For motions, you may need to bring copies of all supporting documents.

NO — all communication with the judge must go through official court filings or in-court proceedings. Ex parte (one-sided) communications with the judge are prohibited and can result in sanctions. If you need to bring something to the judge's attention, file a motion or declaration.

Don't: (1) interrupt the judge, (2) argue with the opposing party directly, (3) bring weapons, (4) use your phone in the courtroom, (5) wear inappropriate clothing, (6) chew gum, (7) bring food or drinks, (8) speak without being addressed, (9) make faces or gestures. Do: stand when the judge enters, address the judge as 'Your Honor,' speak clearly and concisely.

If the clerk accepted the wrong form, you may be able to file a corrected version. If the clerk rejected it, identify the correct form and re-file. Check the Judicial Council forms directory to find the right form for your case type. The self-help center can help.

Some Judicial Council forms are MANDATORY — you must use them (Cal. Rules of Court, rule 1.31). Others are optional. For complaints and answers, you can use either the Judicial Council form or draft your own following CRC formatting rules. Mandatory forms are marked 'Mandatory' on the form itself.

California Rules of Court, Title 8 governs appellate proceedings. Key rules: 8.204 (brief content and format — 14,000-word limit for opening/answering briefs), 8.212 (record on appeal), 8.220 (calendar preference), 8.256 (oral argument), 8.264 (filing opinions). Check for amendments effective January 1, 2026.

Petition for review: asks the California Supreme Court to review a California Court of Appeal decision. Governed by Cal. Rules of Court, rule 8.500. 10-day deadline. Petition for certiorari: asks the U.S. Supreme Court to review a federal circuit court or state supreme court decision on federal questions. Governed by Supreme Court Rule 13. 90-day deadline. Different courts, different rules, different standards.

Cal. Civ. Proc. Code § 425.16 provides a special motion to strike claims arising from protected speech or petition activity. Two-step analysis: (1) defendant shows the claim arises from protected activity, (2) burden shifts to plaintiff to show a probability of prevailing on the merits. Successful defendants recover attorney fees. The motion must be filed within 60 days of service of the complaint.

Discovery must be completed 30 days before trial (CCP § 2024.020). Expert discovery deadlines are tied to the trial date. Motions to compel must be filed within 45 days of inadequate response. Meet and confer is required before filing any discovery motion (CCP § 2016.040).

A Marsden motion (People v. Marsden, 1970) is a defendant's request for substitution of appointed counsel due to inadequate representation. Made in camera (private hearing). The defendant must show that the attorney is providing inadequate representation — personality conflicts alone are insufficient.

A Pitchess motion (Pitchess v. Superior Court, 1974; Cal. Evid. Code §§ 1043–1047) seeks disclosure of a law enforcement officer's personnel records. The moving party must show good cause and materiality. The court conducts an in camera review of the records.

Before suing a California government entity, you must file a government tort claim within 6 months of the incident (Cal. Gov. Code § 911.2). The entity has 45 days to respond. If rejected (or no response after 45 days), you have 6 months to file a lawsuit. Failure to file a timely claim generally bars the lawsuit.

For many claims against government entities, you must first exhaust administrative remedies before filing in court. This means completing the agency's internal appeal process. Failure to exhaust may result in dismissal. Key areas: workers' compensation, public employee discipline, environmental, land use.

Res judicata (claim preclusion) bars relitigation of claims that were or could have been raised in a prior proceeding between the same parties. Collateral estoppel (issue preclusion) bars relitigation of issues actually decided. Cal. Civ. Proc. Code § 1908. Applies to final judgments on the merits.

CRC 8.204: 14,000-word limit (opening/answering), proportionally spaced 13-point font or 12-point monospaced, 1.5-inch top and bottom margins, 1-inch side margins, double-spaced. Must include: cover, table of contents, table of authorities, statement of the case, statement of appealability, argument with headings, and certificate of word count.

CCP § 170.6 allows each party ONE peremptory challenge to disqualify a judge without showing bias. Must be filed before the judge has made any ruling (other than determining the motion's timeliness). A party can only exercise this right once per case.

Ninth Circuit Rule 29-2 governs amicus briefs. Consent of all parties or leave of court is required. The brief must be filed within 7 days of the party's brief it supports. Word limit: 7,000 words. Amicus briefs at the rehearing/en banc stage have different rules.

CCP § 998 allows a party to make a statutory settlement offer. If the offeree rejects the offer and fails to obtain a more favorable result at trial, they may be liable for the offeror's post-offer costs (and in some cases, expert witness fees). A powerful tool for cost-shifting in California litigation.

Cal. Rules of Court, rule 8.500(b): The court may order review when necessary to (1) secure uniformity of decision, (2) settle an important question of law, or (3) when the Court of Appeal opinion appears to be erroneous. The court also has automatic jurisdiction over death penalty appeals and State Bar discipline.

CCP § 438: Filed after the pleadings are closed. Like a demurrer but filed later. Challenges the legal sufficiency of the opposing party's pleading. The court considers only the pleadings, not evidence. Must be filed with at least 21 days' notice.