Filling Out and Serving Pleadings, Forms, and Court Paperwork Category: Courts and Procedure

Overview

There are very specific rules and procedures for filing and serving court paperwork, which are strictly enforced.

"Pleading" has two meanings in lawsuits. "Pleadings" is the term for the essential papers framing a lawsuit -- the Complaint and the Answer or other response, and any cross-complaints or amendments to those papers.

"Pleading paper" is the term for legal-format paper, with numbers down the side. In situations where there is no pre-printed court form, court paperwork must be submitted on pleading paper.

For many common situations, there are pre-printed forms created by the Judicial Council or the county superior court that you can use instead.

Every time you file something in court, you MUST have it served on all other parties. This means someone who is not a party either hand delivers it, or puts it in the mail, then signs a "proof of service" under penalty of perjury.

Forms

Federal Pleading Paper
Notice of Stay of Proceedings (Bankruptcy)
Pleading Paper – Sacramento Format
Pleading Paper (Blank 28-Line Template)
Pleading Paper for Google Docs/Chromebook
Limited Civil Case Status Memorandum
Limited Civil Case Status Memorandum
Civil Rights: Section 1983

Title 42, Section 1983, of the United States Code is a procedural vehicle by which one whose federal statutory or constitutional rights have been violated can bring an action against state “actors” who commit these violations “under color of law.” The statute was rarely used until 1961, when the Supreme...

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TROs: Applying for a Temporary Restraining Order in a Civil Case

Special forms cover protection from abuse. See the “Abuse and Harassment” topic on the Judicial Council’s website. A temporary restraining order (“TRO”) is an emergency (“ex parte”) court order prohibiting the defendant from taking some action. An ex parte order is only granted when: Irreparable harm or immediate danger will...

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Responding to a Lawsuit

Related Guide: Responding to a Debt Collection Lawsuit Basics Filing a response is an important first step for any defendant in a civil lawsuit. By filing a response, you establish that you are contesting the case and requiring the plaintiff to prove their case at trial in order to win....

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Calculate deadlines to file and serve

Determine the legal deadline to file the motion in court. Warning! Some motions have different time requirements. Check the rules for the motion you are filing.   Tip: File the motion as soon as possible. Your reservation is not final until the motion has been filed and any fees paid....

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Claims against the government

California Tort Claims Act Before you may sue a public entity, you must first file a claim meeting the requirements of the California Tort Claims Act (Government Code §§ 810-996.6). This law applies to public entities such as state, county, and local government agencies or departments, as well as to...

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Should I represent myself in court?

Adapted in part from shlep: the Self-Help Law ExPress, “Should I go it alone” If you have been sued, or you are planning to sue someone, you may be wondering if it's possible to go to court without a lawyer. It is permitted, but it's not necessarily a good idea....

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Declaration tips

Motions are virtually always required to include one or more Declarations. The Declarations are usually the most important part of a motion, because they contain evidence the judge can consider when deciding whether or not the motion must be granted. Declarations become evidence Your declaration must contain only facts you...

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How To: Schedule a Law and Motion Hearing in Sacramento

This information is for Sacramento. If your case is in a different county, do not follow these instructions. Instead, call the clerk or visit the court website in your county to find the correct information. Scheduling hearings for motions in Sacramento County Superior Court civil departments requires reserving a date...

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Proving proof of service by mail is false

The other party claims they served me, but I never got it. How do I prove the other party's server lied in their Proof of Service? First, make sure to look everywhere it might be and ask anyone else who picks up your mail if they might have seen it,...

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Preparing Motion Paperwork and Filing in Sacramento

The Sacramento Superior Court requires documents to be filed in a very specific way. Although this guide specifically addresses motion paperwork (motions, oppositions, replies, proposed orders), these guidelines apply to most paperwork filed in Sacramento.. (Note: this guide assumes you have already served the motion on the other party(ies). If...

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Volunteer Income Tax Assistance Program (VITA)
Administrative Law
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The Internal Revenue Service (IRS) administers the Volunteer Income Tax Assistance (VITA) Program to provide free basic tax return preparation for low- and moderate-income taxpayers.  The California State Controller works with the IRS and other agencies to make these programs available in communities throughout California. Assistance is generally available from February 1 through April 15th.  Dates and times vary by location, and some VITA sites require appointments.
SH@LL (Self Help @ the Law Library) (formerly Civil Self Help Center)
Accidents and Torts
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SH@LL provides general information and basic assistance to people without attorneys on a variety of civil legal issues. All assistance is provided by telephone or Zoom videoconference. Visit “What We Help With” for a list of qualifying cases. Eligibility: Must be a Sacramento County resident or have a qualifying case in the Sacramento County Superior Court.
Sacramento County Sheriff’s Department Civil Bureau
Courts and Procedure
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The Sheriff's Civil Bureau can serve civil process for documents such as summons and complaints, restraining orders, bench warrants, evictions and any other  court documents. The Civil Bureau also handles wage garnishments, bank levies and seizure of judgment debtor assets.
Family Law Facilitator
Courts and Procedure
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Family law self help assistance, including forms assistance, file review, preparation of orders and judgments and other forms of procedural assistance. Also assists with Domestic Violence Restraining Orders, Elder Abuse Restraining Orders,  Probate Guardianship, and Limited Conservatorship cases. Eligibility: Must have family law case in Sacramento County Superior Court.
Civil Self Help Services
Courts and Procedure
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Civil Self-Help Services (SHS) helps people without lawyers who have questions about simple issues related to a civil case. They can give you general information and help you prepare your own forms in the area of civil law. Common topics include civil harassment restraining orders, petitions for change of name/gender, and expungement of criminal convictions.
Ex Parte Applications: Ask the Court for an Order as Quickly as Possible

Note: This Guide covers generic ex parte (emergency) requests in civil cases. If you need a temporary restraining order, see our article TROs: Applying for a Temporary Restraining Order in a Civil Case. Family, probate, and criminal courts handle the process differently. Background “Ex parte” is a Latin legal term...

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Responding to a Debt Collection Lawsuit (Answer-Contract)

Background When a lawsuit is started against you, you will be served with a Summons and Complaint. Ideally, these will be personally served (delivered to you in person). Service is valid even if you refuse to take them, as long as the server informs you that they are legal documents...

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Respuesta-Contrato (Answer-Contract)

Contexto Cuando una acción civil empieza a su contra, a usted se le entregara una citación judicial y una demanda. Idealmente, seria por entrega personal (alguien le daría los documentos personalmente en sus manos). El entrego es válido aunque usted niega a recibirlos con y tal que la persona haciendo...

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Case Management Statement

Background The Sacramento County Superior Court’s Case Management Program is designed to secure the fair, timely, and efficient disposition of civil cases in a fair, practical, and flexible manner. Cal. Rules of Court 3.700. To that end, the parties in all unlimited civil cases (amount demanded exceeds $25,000), whether represented...

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Claim Opposing Forfeiture

Background The procedure described in this guide is used to ask for the return of property that may be forfeited as proceeds of criminal activity. If your property is the subject of forfeiture proceedings, you will be notified. In Sacramento County, if the property is taken at the time of arrest,...

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Injunction by Noticed Motion

Background If you believe that someone is likely to take an action that will violate your rights, you can ask a court to issue a preliminary injunction prohibiting (“enjoining”) the action until the case between you and the other party is over. It takes more than three weeks to get...

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Motion for Mandatory Dismissal – Failure to Bring to Trial within Five Years

Background California Code of Civil Procedure (CCP) §§ 583.310-583.360 set time periods in which a plaintiff must bring an action to trial. The law creates these time limits to ensure that cases are brought to trial before evidence is lost or destroyed, and while witness memories are still reliable. Additionally,...

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Motions in Civil Cases

Writing, Scheduling, and Opposing Motions Background IMPORTANT: This Guide describes the process of making and opposing motions in a case in Sacramento County Superior Court. This can be complex and requires very specific paperwork. If you still have questions after reading this guide, come in to the Law Library to...

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Motion to Continue Trial and Mandatory Settlement Conference

Background Rule 3.1332(c) of the California Rules of Court (CRC) allows the court to grant a continuance before or during trial on an affirmative showing of good cause. Each request for continuance must be considered on its own merits. In Sacramento County Superior Court, these motions are heard by the...

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Notice of Automatic Stay

Background Filing for bankruptcy immediately stops all attempts to collect debts included in the bankruptcy from you, including lawsuits. This is known as the “automatic stay.” Perhaps you have been sued, and are planning to file for bankruptcy. Or maybe you are already in bankruptcy, and you have received a...

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Peremptory Challenge of a Judge

Background If you have a case in superior court, and you believe you cannot get a fair and impartial hearing or trial from the judge, commissioner, or referee assigned to your case, California Code of Civil Procedure (CCP) § 170.6 gives you the right to disqualify him or her without...

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Petition to Remove Mechanics’ Lien

Background Owners of real estate sometimes find that a contractor has recorded a mechanics lien on their property, and failed to remove it. Contractors and subcontractors can record mechanics’ liens against a piece of real property for work they do on that property. Although the lien automatically becomes invalid if...

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Personal Service

Background Service is a formal way of giving copies of all court documents to all parties in a case. It is a very important step at all stages of lawsuit because it notifies the parties of the existence of a court case, and of all actions taken in the case....

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Serving Documents by Mail

Background All documents you file with the court in your case must be served on all other parties. Some documents, such as discovery requests and responses, are not filed with the court but must still be served. See the videos and Step-by-Step guides on Discovery for more information. These instructions...

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Motion to Set Aside (Relief from Default Judgment)

Background If a defendant does not respond to a complaint, the plaintiff may enter a default and may request a default judgment either at the same time, or at a later date. In such a case, the defendant may file a motion asking for the default and default judgment to...

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Request a Default Judgment by Court

A defendant has 30 days from the date he or she is personally served with your summons and complaint to file a written response, or 40 if you served them by substituted service. (California Code of Civil Procedure (CCP) § 412.20(a) (3)). This is not an automatic cutoff. The court...

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Publication of Summons

Publishing a Notice in the Newspaper When You Can’t Find the Other Party The procedures described in this Guide apply only to civil cases. If you are attempting to serve documents in a family law case, see the guide on “Service by Publication or Posting – Family Law Cases.” Related...

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Withdrawing Funds from a Blocked Account

Background A blocked account is a bank or other account created by court order, requiring a court order to deposit or withdraw funds. Blocked accounts are frequently created to protect judgments awarded to minors, or to protect the money of adults who cannot manage their own finances and have therefore...

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Request a Default Judgment by Clerk

A defendant has 30 days from the date he or she is personally served with your summons and complaint to file a written response, or 40 if you served them by substituted service. (California Code of Civil Procedure (CCP) § 412.20(a) (3)). This is not an automatic cutoff. The court...

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Limited Civil Case Status Memorandum

Request for Trial in a Limited Civil Case Background A Limited Civil Case Status Memorandum (CV/E-202) is a Sacramento County Superior Court local form that tells the judge that one party is ready for trial, whether they want a jury, and how many hours they expect the trial to take....

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Tentative Rulings and Hearings in Sacramento Court

Pursuant to Sacramento County Local Rule 1.06, the court in most departments makes a tentative ruling on the motion by 2:00 p.m. the court day before the hearing. You then have two hours to request oral argument, if you choose to do so. If neither party does, the tentative ruling becomes final and...

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