Q: How is Civil being affected by COVID-19?
The Monterey Courthouse is closed to the public except for essential parties who will be required to appear remotely via phone or video. In an effort to protect the public and court staff, only a limited number of cases will be heard in Monterey during the closure period. Any hearing will be conducted telephonically and the courthouse will remain closed. Most hearings will be set out between 30 and 60 days from your current date. You should receive notice of your new date in the mail. You are welcome to check the website for new dates, which are in the process of being reviewed and set, or you can call the court to check.
Starting on April 9, 2020, on Thursdays at 10:00 a.m., the court will hear a limited number of ex parte matters. Parties must appear by CourtCall.
Starting on April 17, 2020, on Fridays at 9:00 a.m., the court will hear a limited number of Law and Motion matters. Parties must appear by CourtCall.
Starting on April 28, 2020 on Tuesdays at 9:00am, the court will hear a limited number of Case Management Conferences.
Starting on April 28, 2020 on Tuesdays at 8:30am, the court will hear a limited number of Complex matters.
Filings will continue to be accepted electronically via efile.
If all parties agree in writing, you may request that the Court rule on your filed noticed motion without a hearing on the Civil Law & Motion Calendars:
All interested parties will need to waive the hearing in writing. Click here for the Emergency Agreement to Waive Hearing Form.
After the agreement is processed, the Court will determine whether the filed motion is appropriate to rule on without a hearing.
Q: I HAVE A COURT DATE TO APPEAR IN MARINA FOR MY SMALL CLAIMS HEARING, SHOULD I COME TO COURT.
A: You should come to court on the scheduled date and time, unless you received notice from the Court that your matter has been set for a remote video appearance. If you are not certain whether your case has been reset for a remote video appearance, you may check the Court’s website at https://portal.monterey.courts.ca.gov/ or call the clerk’s office at 831-647-5800.
Q: MY CASE IS SET FOR AN IN-PERSON APPEARANCE, HOW CAN I REQUEST TO APPEAR BY REMOTE VIDEO?
A: If your matter has not already been reset to be heard by remote video, you may complete and file Monterey County Local Court Form Number CI-139 at least ten (10) days before the scheduled hearing. Note: You can find the form at this link: forms.
Whether or not, there has been a request, the Court will determine whether a small claims trial shall proceed via remote video appearance or an in-person appearance. In its determination to hold a small claims matter via remote video appearance, the Court will consider if a remote appearance is appropriate or a personal appearance would materially assist in the determination of the proceeding or in the effective management or resolution of the particular case.
Q: HOW WILL I FIND OUT IF MY CASE IS GOING TO PROCEED BY REMOTE VIDEO AND HOW TO CONNECT?
A: The Court will provide written information to the parties via an email address provided by the parties, or through a mailed document, notifying them of the date and time of the remote video proceeding. The written notice will include the login instructions to connect via remote video hearing.
Plaintiffs will still be required to notify defendants and comply with service requirements of their claim.
Q: I RECEIVED A COPY OF THE COURT ORDER AND I HAVE BEEN ORDERED TO PAY MONEY TO THE OTHER PARTY, BUT I CANNOT PAY IT ALL AT ONCE, WHAT DO I DO?
A: If the Court asked you to pay money, you can talk to the other party to work out a payment arrangement. If you are not able to do this, you can ask the court permission to make payments. Information on this process can be located at the following link. You will need to complete Form SC-221 and file it along with Form SC-225. You can obtain these forms at the link. The form can be e-filed, see the following link for information and providers for e-filing. You may also mail your form for filing to the Monterey Division located at 1200 Aguajito Road Monterey, Ca 93940.
Q: HOW CAN I FILE A NEW SMALL CLAIMS ACTION OR ANY DOCUMENTS DURING THE STATE OF EMERGENCY?
A: It is strongly recommended that if you wish to file a new action or any small claims document during the state of emergency that you use the e-filing option. The link is as follows: https://www.courts.ca.gov/forms.htm?filter=SC. In the alternative, you may mail your new claim along with the appropriate filing fee and/or documents to the Monterey Division located at 1200 Aguajito Road, Monterey, Ca 93940. If you file by mail, please do not send any cash. The filing fee should be check or money order if you file by mail. All new small claims matters are being calendared for dates starting in August 2020.
If you have any other questions regarding the small claims process, please go to this link. Here you will find more details regarding small claims.