Law & Motion and Discovery
CORONAVIRUS (COVID-19) UPDATE
Please refer to the Information Regarding Coronavirus (COVID-19) and Court Operations page for the most current information in light of the COVID-19 public health crisis.
Videoconference Hearings in Law & Motion and Discovery Departments
Effective Monday, July 6, 2020, the Law & Motion and Discovery Departments will be holding hearings by videoconference using Zoom. Counsel and parties can appear by videoconference and the public can view and/or listen to hearings, by clicking on the appropriate links below:
If unable to join using the links above, the hearings may be joined by telephone by dialing +1 669 900 6833 and entering the meeting ID and password below.
Department 301: Meeting ID: 883 1747 5273 Passcode: 421662
Department 302: Meeting ID: 862 4684 9687 Passcode: 490158
Please note that for the 11:00 a.m. Ex Parte hearing only, appearances must be made remotely via CourtCall (and not Zoom). To schedule an appearance by CourtCall, you must contact CourtCall directly in advance of the ex parte hearing at 1-888-88-COURT.
Law and Motion
For motions filed before June 1, 2020, with hearing dates that were vacated by the Court’s General Orders, the moving party should meet and confer with opposing counsel to agree upon a proposed hearing date and, if the motion is not already fully briefed, a schedule for the completion of briefing. Once the parties have reached agreement, they should send an email to [email protected] stating that they have stipulated to a new hearing date and specifying the new date and the date on which the motion originally was scheduled to be heard. Counsel will be notified by email or telephone if their proposed hearing date has been approved. If the date requested is unavailable, another date will be assigned.
For motions filed on or after June 1, 2020, the moving party should confer with all other parties before scheduling and noticing a hearing, and may then e-file and notice the hearing in accordance with Code of Civil Procedure section 1005 or other applicable requirements. The moving party need not obtain a hearing date or reservation number from the court/Dept. 302 before filing the motion.
For all law and motion matters, the court will post tentative rulings and follow the procedures set forth in San Francisco County Superior Court Local Rule 8.3 et seq. All hearings will be conducted remotely by CourtCall or by videoconference. No in-person appearances will be permitted.
Ex parte hearings in law and motion matters are held daily at 11:00 a.m. by CourtCall. No later than two (2) hours prior to the hearing, the moving party must efile the moving papers and attach them to an email to the opposing party/counsel addressed to [email protected] with the subject line, “Ex Parte Application.”
A party presenting an ex parte application in the law and motion department for a temporary restraining order, alternative writ, appointment of a receiver, or similar matter must schedule the hearing with the court by sending an email to [email protected] at least 24 hours in advance of the proposed hearing date.
Any party who wishes to have a discovery motion heard, whether or not it was previously scheduled for hearing, must confer with all other parties before scheduling and noticing the hearing. The moving party shall file a new or amended notice of motion setting the matter for hearing in accordance with Code of Civil Procedure section 1005 or other applicable requirements. The moving party need not obtain a hearing date or reservation number from the court/Dept. 302 before filing the motion.
The parties need not deliver courtesy copies of their filed papers to Department 302. After filing the papers, they should attach copies to an emai addressed to [email protected]org. The subject line of the email should state the case name and number and the date of the hearing. The text of the email should include the name and contact information, including the email address of the attorney or party who will appear at the hearing.
The court does not provide official court reporters for hearings in the discovery department. Any party who wishes to supply its own court reporter must ensure that the reporter is a California-certified shorthand reporter and is capable of reporting a hearing conducted by Zoom videoconference.
Search for Case Calendars by Case Type and Date. Information is available up to 120 calendar days from today.
Discovery (See Local Rule 10.0)
- All Discovery Motions with exception of Family Law, Probate, Asbestos and Unlawful Detainer will be heard at 9 a.m., Monday – Friday.
- Parties must schedule and notice hearings within the time limits provided by law e.g. CCP 1005 and/or Local Rule 8.
- Parties do not need to obtain a reservation prior to filing a Discovery Motion. Type the word "Discovery" on the title page of all papers relating to Discovery heard in Department 302.
- Family Law Discovery Motions shall be heard by the Family Law Department. Dates for Family Law Discovery Motions are set by the Family Law Department at the time of filing.
- Probate Discovery Motions are heard in Probate Department 204. Dates for Probate Discovery Motions must be obtained by the Probate Department 204 prior to filing.
- Asbestos Discovery Motions are heard in Department 503 on Tuesdays, Wednesdays, and Thursdays at 9 a.m. Reservations for Asbestos Discovery Motions must be made by calling (415) 551-3706 Monday – Friday, 11 a.m. to Noon or 1:30 to 4:30 p.m.
- Unlawful Detainer Discovery Motions are heard in the Real Property Court, Department 501, Monday - Friday at 9:30 a.m.
Discovery Ex-Parte Motions (See Local Rule 9)
- Ex-Parte motions shall be heard Monday - Friday at 11 a.m.
- Ex-Parte applications for Temporary Restraining Orders (other than those pursuant to CCP 527.6 and related to Foreclosure or an Unlawful Detainer Action) and Writ of Possession must be reserved prior to the filing and service of the moving papers by e-mailing [email protected].
- All other Ex-parte Discovery Motions do not need to be reserved prior to filing and service of the moving papers.
Orders of Examination will be heard in Department 514 at 2 p.m., Tuesday - Thursday.
Civil Pitchess motions will be heard in Department 514 at 9 a.m., every Monday, Tuesday and Thursday only (excluding Court holidays).
Law and Motion (See Local Rule 8)
- All Law & Motion matters, limited and unlimited jurisdiction, with the exception of Asbestos, Probate, Family Law and Unlawful Detainer Law and Motion matters are heard at 9:30 a.m.
- All Writs and Receivers matters and all Petitions for Relief for Service Members are heard at 9:30 a.m. on weekdays.
- Parties must schedule and notice hearings within the time limits provided by law- e.g., CCP 1005 and/or Local Rule 8.
- Parties do not need to obtain a hearing date prior to filing a Law & Motion or Discovery Motion. For discovery motions, type the word "Discovery" on the title page of all papers relating to Discovery heard in Department 302.
- Family Law and Motion matters are heard by the Family Law Department. Dates for Family Law Discovery Motions are set by the Family Law Department at the time of filing.
- Probate Law and Motion matters are heard in Probate Department 204. Dates for Probate Law and Motion matters must be obtained by the Probate Department 204 prior to filing.
- Asbestos Law and Motion matters are heard in Department 503 on Tuesdays, Wednesdays, and Thursdays at 9:30 a.m.
- Unlawful Detainer Law and Motion matters are heard in the Real Property Court, Department 501, at 9:30 a.m. Monday - Friday.
Law and MOtion Ex-PArte Motions (See Local Rule 9)
- Ex-Parte Motions are heard at 11 a.m. Monday - Friday, with the exception of Unlawful Detainer Stays of Execution.
- Unlawful Detainer Stays of Execution are heard at 10 a.m. on Tuesdays in the Real Property Court, Department 501.
- All Ex-parte Writs and Receivers must be scheduled with the calendar clerk prior to filing and service of moving papers, by emailing [email protected].
After the tentative ruling for a matter is posted, it is recommended that you submit your proposed order to the department before the starting time of the hearing even if the matter is uncontested to ensure timely processing of the order. Orders submitted after session is over may experience a delay in processing. When submitting a proposed order after the session is over, you must submit an original, one copy, and a self-addressed stamped envelope. Please refer to CRC 3.1312 and CRC 2.100 – 2.119 for specific details.
Presiding Judge Matters
The presiding Judge of the respective court (or person designated by the Presiding Judge) shall hear all motions that affect trial dates (including ex-parte applications for Orders Shortening Time for Motion to Continue Trial) with the exception of Unlawful Detainer cases. Unlawful Detainer motions that affect the trial dates (including Ex-parte Applications for Orders Shortening Time for Motion to Continue Trial) will be heard in the Real Property Court, Department 501.
The Presiding Judge of the respective court (or person designated by the Presiding Judge) hears all applications for Waiver of Court Fees (“In Forma Pauperis”) in Department 206.
Frequently Asked Questions
Do I have to reserve a hearing date on my motion?
No, you do not have to reserve a hearing date for either the Dept. 302 9:00 a.m.Discovery Calendar or the Dept. 302 9:30 a.m. Law & Motion Calendar. You must comply with all relevant requirements under the Code of Civil Procedure as to notice, service and filing.
WHERE DO I FILE MY PAPERS?
Represented parties must electronically file (e-file) all subsequent documents. Non-represented parties may file papers in Room 103 of the Civic Center Courthouse.
Who do I contact if I want my motion off calendar or to continue a motion that is currently on calendar?
Per Local Rule 8.2B, a request that a motion be taken off calendar or that a hearing be continued to a later date must be made by email, with a copy to all other parties to [email protected]. The request must include the name of the party making the request, the name of the person making the request on behalf of the party, the case number, and the current date of the hearing. If the request is to continue the motion to a later date, the request must state that all parties affected by the motion have agreed to the new date. If a party requesting that a motion be taken off calendar or that a hearing be continued to a later date does not have email access, the party may, in lieu of email, provide all of the foregoing information in a letter personally delivered to the Law & Motion department. No continuances will be granted on the date set for hearing except upon a personal appearance and a showing of good cause in writing. The judge hearing the matter has discretion concerning continuances, including the right to deny continuances, to rule, or to take the matter off calendar at any time despite the agreement of parties to the contrary. Matters cannot be taken off calendar after noon the Court day before the hearing.:
How do I get a tentative ruling and when are they available?
Call (415) 551-4000, follow the prompts or simply enter 1111, then enter the 6-digit case number followed by the # sign. Tentative rulings are generally available at 3 p.m. the day before the hearing. After dialing, if you hear this message, The case number entered cannot be found in our files, it simply means that the Judge is still working on your case and has not issued a tentative ruling on your matter yet.
If the Judge is late with the tentative ruling, how am i supposed to notify opposing counsel?
Read California Rules of Court, Rule 324 or San Francisco Superior Court Rule 8.3F. Remember, if you do not hear a tentative ruling on your matter, most likely the courtroom clerk has not entered the tentative ruling yet. Calling the courtroom clerk will not produce a tentative ruling on your case as briefing is in chambers.
Will the Court prepare an order after ruling?
No. California Rules of Court specify that the burden of preparing a formal order falls on the prevailing party. With the exception of proposed orders for motions for summary judgment/ adjudication, it is recommended that you appear at the hearing with your proposed order even if your hearing is uncontested to ensure timely processing of the order. Orders submitted after the session is over may experience a delay in processing. When submitting a proposed order after the session is over, you must submit an original, one copy, and a self-addressed stamped envelope. Please refer to CRC 2.100 – 2.119 and CRC 3.1312 for specific details.
After argument, the Judge takes the matter under submission. How will I know when the Judge rules and what the ruling is?
In most cases, the Judge will ask you to submit a proposed order as if you had prevailed. You must send this order in with a cover letter setting forth when the matter was heard and taken under submission. On the envelope, please write SUBMITTED MATTER. Always check the Web site http://sfsuperiorcourt.org, the official San Francisco Superior Court Web site. If an order is signed, it will be filed and scanned. By accessing the Court's Web site, you can view the Order and in most cases, print it. If the Register of Actions does not reflect a ruling, then the Court has not decided the matter yet.
Can I appear by telephone?
Yes. During the current public health crisis, all appearances by attorneys and parties in Dept. 302 must be made remotely.
For both the 9:00 a.m. Discovery Calendar and the 9:30 a.m.Law & Motion Calendar, appearances must be made remotely via Zoom videoconference. For Zoom log in information please refer to the information posted near the top of this webpage.
For the 11:00 a.m. Ex Parte hearings, appearances must be made remotely via CourtCall. To schedule an appearance by CourtCall, you must contact CourtCall directly in advance of the ex parte hearing at 1-888-88-COURT.