Q: How is Civil being affected by COVID-19?
In an effort to protect the public and court staff, the court encourages the use of telephonic and remote appearances. For those persons entering the courthouse, face masks will be required and social distancing protocols will be enforced.
The court is hearing ex parte matters. Parties are encouraged to to participate by CourtCall.
The court is hearing Law and Motion matters. Parties are encouraged to to participate by CourtCall.
The court is hearing Case Management Conferences.
The court is hearing court trials. Jury trials will resume June 15, 2020.
The court is hearing 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: HOW CAN I FILE MY NEW SMALL CLAIMS ACTION?
A: It is strongly recommended that if you wish to file a new action or any small claims document during any phases of 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 or drop it off at the drop box outside of the courthouse at the same address. If you file by mail or drop it off at the drop box, please do not send any cash. The filing fee should be check or money order if filing by mail or the drop box. Also note, if you use the drop box, you will need to place your claim and the filing fee together in one envelope. Do not drop off loose documents and/or checks, money order, etc. in the drop box.
For in person filing, please be aware that the Court will be enforcing social distancing which will result in a limited number of people permitted in the courthouse and clerk’s office at a given time. Face masks will be required to enter the courthouse and members of the public entering the courthouse will be asked screening questions and their temperature will be checked. You will need to allot for additional time if you elect to file in person as you may experience lines and delays.
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.