When should I file a Request to Set?

File when the case is at issue and the party is ready for trial; verify local rules for any mandatory waiting or response periods before seeking a trial date.

Can I e-sign and e-file this document?

Electronic signatures and e-filing are permitted where the court accepts them; ESIGN (15 U.S.C. ch. 96) and UETA support electronic signatures, but confirm county e-filing and local practice rules.

What happens if proof of service is missing?

Absent proof, the court may continue scheduling, require re-service, or deny the request; promptly correct and re-file with complete proof of service.

How specific must availability dates be?

Provide concrete MM/DD/YYYY ranges or specific unavailable days; vague availability can result in continuances or scheduling conflicts.

Can I withdraw a Request to Set?

Yes; file a notice or stipulation withdrawing the request, but advise the court and opposing party in writing to avoid scheduling errors.

Who must sign the form?

The party or the party’s attorney signs and dates the Request; if executed electronically, include signer role and authentication evidence to show attribution and intent.

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California Request/Counter-Request to Set Case for Trial - Unlawful Detainer

California Request/Counter-Request to Set Case for Trial - Unlawful Detainer

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What this Request/Counter-Request is and when it applies

The California Request/Counter-Request to Set Case for Trial in an unlawful detainer proceeding is a court filing used to ask the superior court to schedule a trial date (or to respond by requesting a trial date after a counterclaim). It identifies the case, the parties asking for trial, and the preferred trial type or length, and it informs the court and opposing party that the matter is ready for assignment to a trial calendar. This filing typically follows pleadings, service, and any required pretrial steps under local court rules.

Why a formal Request or Counter-Request matters for unlawful detainer cases

Filing a Request or Counter-Request to Set Case for Trial activates the court’s scheduling process, preserves the party’s right to a timely hearing, and signals readiness for trial. Electronic execution and filing are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA when state law permits.

Who commonly files a Request or Counter-Request in unlawful detainer matters

Typical filers include landlords, tenants asserting counterclaims, and attorneys representing either side in limited civil unlawful detainer calendar proceedings.

Landlord or property manager initiating trial scheduling and asserting entitlement to possession or damages.
Tenant or occupant filing a counter-request after raising affirmative defenses or counterclaims.
Representing attorneys preparing scheduling information and coordinating service and proof of readiness.

Self-represented parties should review local superior court rules and consider counsel for complex timing, service, or evidentiary issues.

Core parts of a professional Request/Counter-Request to Set Case for Trial

A complete Request or Counter-Request clearly identifies the case, the moving party, and precise scheduling information. It should be concise, accurate, and supported by proof of service and any necessary declarations.

Caption

Court name, case number, parties, and cause of action must match underlying pleadings and appear at the top of the document.

Mover Identity

Full legal name of the party requesting trial, with counsel name and contact details if represented, to ensure proper case assignment and communications.

Relief Requested

State whether the filing is a Request to Set or Counter-Request and specify trial type (bench or jury) and an estimated length of trial.

Availability

Provide date ranges or days unavailable, noting any urgent scheduling needs, statutory stay exceptions, or pending motions that affect readiness.

Supporting Facts

Include short declarations or references to pleadings showing service, responsive filings, and readiness, such as proof of service and calendar conflicts.

Signature Block

Signature, printed name, date, and contact information for the filing party or counsel; include party capacity (e.g., landlord, attorney for tenant).

Step-by-step: filing a Request or Counter-Request to set trial

Follow these steps in sequence to prepare, serve, and file a Request or Counter-Request and help ensure the court can schedule a trial without avoidable delay.

01

Prepare: Draft the Request/Counter-Request using exact case caption and details.
02

Attach Proof: Include proof of service and any supporting declarations or exhibits.
03

Serve Opposing Party: Serve per Code of Civil Procedure and local rules before filing where required.
04

File with Court: File with the clerk or e-file per local court e-filing rules.

How to customize and complete the form in an electronic workflow

Map the digital workflow so each step is auditable and signer authentication meets court and statutory expectations.

Field	Configuration
Case Caption Field	Locked text field populated from case metadata
Signature Field	Signer name + date; include signer role selection
Attachment Field	Upload area for proof of service and declarations
Notification Rule	Automatic email to opposing counsel after filing

Basic filing flow: from preparing the request to appearing at trial

This simplified flow shows the typical path documents follow from preparation to trial setting in unlawful detainer matters.

Prepare Document: Complete Request/Counter-Request with accurate case data
Serve Parties: Serve opposing parties per procedural rules
File with Court: Submit to clerk or e-file, attaching proof of service
Court Assignment: Court reviews and assigns a trial date or issues directions

Timing considerations and common deadlines to check locally

Deadlines for service, filing, and responses in unlawful detainer cases vary by county and local rule; confirm times with the local superior court calendar and applicable statutes.

Service Before Filing:

Ensure required service occurs before or concurrently with filing as required by local rules

Response Periods:

Allow time for any statutory response period before requesting trial scheduling

Proof of Service Timing:

File or lodge proof of service per local rule to validate readiness

Continuance Windows:

Expect possible continuances if scheduling conflicts or pending motions exist

Court-Specific Rules:

Local superior court handbooks define exact deadlines and e-filing requirements

Key milestones from filing to trial (sequential view)

Use this milestone sequence to track progress and anticipate court actions when a Request or Counter-Request is filed in an unlawful detainer case.

01

File Request

Submit Request/Counter-Request with proof of service and supporting declarations

02

Clerk Review

Clerk processes filing and confirms completeness or needs correction

03

Court Assignment

Court sets or calendares the matter for trial or further hearing

04

Pretrial Preparation

Exchange exhibits and witness lists per local rules ahead of trial

Common mistakes that delay scheduling or lead to rejections

Using inconsistent party names or case numbers across filings, which can misroute the Request and require re-filing.
Failing to attach or properly complete proof of service, resulting in the court deeming the matter not yet ready.
Providing vague availability or unrealistic trial length estimates, which can cause the court to continue the date.
Neglecting local court rules for civil limited jurisdiction unlawful detainer calendars, producing procedural defects.

Practical risks of an incorrect or late Request/Counter-Request

Default Judgment: Missed deadlines can expose parties to default outcomes

Dismissal Risk: Improper or untimely filing may lead to dismissal

Service Defect: Faulty service can void a scheduling request

Evidence Gaps: Insufficient supporting declarations weaken trial readiness

Continuances: Errors often trigger continuances and added cost

Fee Exposure: Filing mistakes may require additional fees or corrections

Security and compliance considerations for electronic completion and signing

Encryption in Transit: TLS 1.2/1.3

Encryption at Rest: AES-256

Authentication Standards: ESIGN and UETA compliance

Regulatory Certifications: SOC 2 Type II

Healthcare Compliance: HIPAA (BAA required)

FDA Records: 21 CFR Part 11 support

Digital submission and file format considerations

Courts and clerks often require PDF/A or court-approved formats and may accept e-filed documents through approved portals.

File Formats: PDF, PDF/A, or court-specified formats
Attachments: Proofs in the same PDF package
Integrations: E-filing portals and case management systems

Ensure the e-file workflow preserves an auditable history (timestamps, signer attribution, and proof of service). Confirm file and signature format compatibility with the target court or e-filing vendor before submission.

Frequently asked questions about Requests and Counter-Requests to set trial

Answers to common procedural and electronic filing questions when preparing a Request or Counter-Request in California unlawful detainer matters.

Need help? Contact support

When should I file a Request to Set?
File when the case is at issue and the party is ready for trial; verify local rules for any mandatory waiting or response periods before seeking a trial date.
Can I e-sign and e-file this document?
Electronic signatures and e-filing are permitted where the court accepts them; ESIGN (15 U.S.C. ch. 96) and UETA support electronic signatures, but confirm county e-filing and local practice rules.
What happens if proof of service is missing?
Absent proof, the court may continue scheduling, require re-service, or deny the request; promptly correct and re-file with complete proof of service.
How specific must availability dates be?
Provide concrete MM/DD/YYYY ranges or specific unavailable days; vague availability can result in continuances or scheduling conflicts.
Can I withdraw a Request to Set?
Yes; file a notice or stipulation withdrawing the request, but advise the court and opposing party in writing to avoid scheduling errors.
Who must sign the form?
The party or the party’s attorney signs and dates the Request; if executed electronically, include signer role and authentication evidence to show attribution and intent.

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