Current through the 2024 Legislative Session.
Section 70677 - Motion, application, order to show cause or paper requiring hearing subsequent to first paper(a) The uniform fee for filing any motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is sixty dollars ($60). Papers for which this fee shall be charged include the following: (1) Papers listed in subdivision (a) of Section 70617.(2) An order to show cause or notice of motion seeking temporary prejudgment or postjudgment orders, including, but not limited to, orders to establish, modify, or enforce child, spousal, or partner support, custody and visitation of children, division and control of property, attorney's fees, and bifurcation of issues.(b) There shall be no fee under subdivision (a) of this section for filing any of the following: (1) A motion, motion to quash proceeding, application, or demurrer that is the first paper filed in an action and on which a first paper filing fee is paid.(2) An amended notice of motion or amended order to show cause.(3) A statement to register foreign support under Section 5700.602 of the Family Code.(4) An application to determine the judgment after entry of default.(5) A request for an order to prevent domestic violence.(6) A paper requiring a hearing on a petition for writ of review, mandate, or prohibition that is the first paper filed in an action and on which a first paper filing fee has been paid.(7) A stipulation that does not require an order.(c) The uniform fee for filing the following papers not requiring a hearing is twenty dollars ($20): (1) A request, application, or motion for the continuance of a hearing or case management conference.(2) A stipulation and order.(d) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required under paragraph (1) of subdivision (a) and under subdivision (c) apply separately to each motion or other paper filed. If an order to show cause or notice of motion is filed as specified in paragraph (2) of subdivision (a) combining requests for relief or opposition to relief on more than one issue, only one filing fee shall be charged under this section. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.Amended by Stats 2023 ch 34 (SB 133),s 18, eff. 6/30/2023.Amended by Stats 2018 ch 45 (SB 847),s 17, eff. 6/27/2018.Amended by Stats 2015 ch 26 (SB 85),s 12, eff. 6/24/2015.Amended by Stats 2012 ch 41 (SB 1021),s 49, eff. 6/27/2012.Amended by Stats 2007 ch 738 (AB 1248),s 39, eff. 1/1/2008.Added by Stats 2005 ch 75 (AB 145),s 121, eff. 7/19/2005, op. 1/1/2006.