COVID-19 Court Information

Civil

Q: How is Civil being affected by COVID-19?

A:

Monterey Court is closed from March 18, 2020 through April 3, 2020. In an effort to protect the public and court staff, no court hearings will be held in Monterey during the closure period. 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.

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:

  • Monday Limited Civil Law and Motion Department 13 at 9:05 am
  • Friday Civil Law and Motion Department 14 at 9:00 am
  • Friday Civil Law and Motion Department 15 at 9:00 am
  • Tuesday Civil Complex Law and Motion Department 13 at 8:30 am
  • Thursday Civil ex parte at 10:00 am

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.


Small Claims

FAQ:

Q: I have a trial set and the Court is closed, what do I do?

A: All small claim hearings that are scheduled for the period of March 17, 2020 through April 9, 2020 are being postponed. You will be receiving a notice in the mail shortly as to the new court trial date and time. If you are the Plaintiff (the person who filed the claim) and have not served the other party (the Defendant), you need to make certain that you have the other party served with a copy of the claim you filed and a copy of the new notice of hearing date and time. You also need to ensure that you file your proof of service a minimum of five (5) days prior to the new trial date.

Q: I have a trial set and I received a notice from the Court that my trial has been postponed, do I need to serve the other party again?

A: If you are the person who filed the claim (the Plaintiff) and you properly served the other party and have filed your proof of service with the Court, you are not required to reserve the other party. However, if at the trial the Court finds that the service was not conducted properly or at all, the Court may continue your trial.

Q: I was issued a subpoena to appear for a small claim trial by one of the parties to the action and the Court is closed, what do I do?

A: All small claim hearings that are scheduled for the period of March 17, 2020 through April 9, 2020 are being postponed. The parties will be provided notice of the new date. You will need to contact the party that served you with the subpoena to obtain the new trial date. The party that served the subpoena will also be required to serve you with a new subpoena.

Q: I have a trial set and I had a subpoena served on a witness and the Court is closed, what do I do?

A: All small claim hearings that are scheduled for the period of March 17, 2020 through April 9, 2020 are being postponed. You will be receiving a notice in the mail shortly as to the new court trial date and time. You will need to have a new subpoena issued and served on the witness with the new trial date and time.

Q: A judgment was entered against me and I want to file an appeal but the Court is closed what do I do?

A: An appeal can only be filed by the Defendant in a small claims action. You may obtain an appeal form at the following link. You will need to complete and sign the form. 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. Note: The appeal must be filed within 30 days from the date the notice of judgment is mailed by the clerk’s office.

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. Note: The appeal must be filed within 30 days from the date the notice of judgment is mailed by the clerk’s office.

Q: I have a trial set and I need to ask for a postponement but the Court is closed, what can I do?

A: All trials set for the period between March 17, 2020 through April 9, 2020, are being postponed by the Court and notices of the new trial will be mailed. If your trial is set for a date after April 9, 2020 and you are seeking a postponement, you will need to complete the required form (SC-150 and SC-152) and pay any necessary filing fee. You may obtain the forms at the following 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: I want to file a small claims action and the Court is closed, do I have to wait until the Court opens?

A: You will not be able to file any document in person at any of the Court's divisions. It is strongly recommended that if you wish to file a new action during the period of closure 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 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 July 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.