Nevada Superior Court Service and Proof of Service Rules

CRITICAL

Deadline

10 calendar days

Applies to

Status and fccr conference questionnaire

Each party must serve the FL-20 status and FCCR Conference Questionnaire on the other party at least ten calendar days before the conference.

At least ten (10) calendar days prior to the Case Resolution Conference, each party shall file with the court and serve on the other party a status and FCCR Conference Questionnaire (FL-20).

CRITICAL

Applies to

Notice

The moving party must provide the clerk with all copies of notices needed for posting, publication, or mailing.

The moving party shall prepare and submit to the clerk as many copies of the notices to be posted, published or mailed by the clerk as the clerk is required to post, publish or mail.

CRITICAL

Deadline

10 court days

Applies to

Pretrial statement

Both parties must serve the Pretrial Statement at least 10 court days before the trial date or settlement conference, whichever occurs first.

Where a matter is set for a settlement conference or contested trial, either short or long cause, both parties must file and serve a “Pretrial Statement” at least ten (10) court days prior to the trial date or settlement conference whichever first occurs.

CRITICAL

Deadline

2 court days

Applies to

Casa written report

At least two court days before the hearing, copies of the CASA report must be provided through recipients' attorneys, if any, to the listed agencies, child, eligible parents, guardian, and other persons directed by the court.

At least two (2) court days prior to the hearing, the original of the report shall be filed with the court and a copy provided to the following, through their respective attorneys, if any: 1. The Nevada County Human Services Agency. 2. The child. 3. The mother, if living, and if her parental rights have not been terminated. 4. The presumed father, if living, and if his parental rights have not been terminated. 5. A probate or legal guardian of the child. 6. Such other persons as the Court may so direct.

CRITICAL

Deadline

10 calendar days

Applies to

Noticed motion

A noticed motion must be accompanied by proof of service and provide ten calendar days' written notice to all other counsel, unless the court reduces the period for good cause.

No noticed motion shall be accepted by the clerk’s office unless it is accompanied by a proof of service. A noticed motion must give ten (10) calendar days written notice to all other counsel unless the court, for good cause shown, prescribes a lesser number of days for notice.

CRITICAL

A respondent must serve and file any response within ten (10) days, or fifteen (15) days if the petition was served by mail, after the petition is filed, or within ten (10) days after the reviewing court requests a response unless the court sets a shorter time.

Any response must be served and filed: 1. Within ten (10) days or, if the petition was served by mail, within fifteen (15) days after the petition is filed; or 2. Within ten (10) days after a respondent receives a request from the reviewing court for a response, unless the court specifies a shorter time.

CRITICAL

Applies to

Status and fccr conference questionnaire

A party must serve the status and FCCR conference questionnaire on the other party at least 10 calendar days before the conference.

B. Status and FCCR Conference Questionnaire (FL-20). At least ten (10) calendar days prior to the Case Resolution Conference, each party shall file with the court and serve on the other party a status and FCCR Conference Questionnaire (FL- 20).

CRITICAL

Deadline

15 calendar days

Applies to

Case management conference statement

Each party must file and serve a completed case-management conference statement at least 15 calendar days before the scheduled conference.

At least fifteen (15) calendar days before the scheduled case management conference, each party shall file with the court and serve on all other parties a completed case management conference statement.

CRITICAL

Copies of all papers filed with the court must be timely served on the local child support agency.

Additionally, copies of all papers filed with the court shall be timely served on the local child support agency.

CRITICAL

Applies to

Writ response

A response to a writ petition must generally be served and filed within 10 days after filing, within 15 days when the petition was served by mail, or within 10 days after the reviewing court requests a response unless the court specifies a shorter time.

Any response must be served and filed: 1. Within ten (10) days or, if the petition was served by mail, within fifteen (15) days after the petition is filed; or 2. Within ten (10) days after a respondent receives a request from the reviewing court for a response, unless the court specifies a shorter time.

CRITICAL

Plaintiff must serve the notice of case management conference and the case management information sheet with an attached blank copy.

Plaintiff shall serve the notice of case management conference, the case management information sheet with attached blank copy of

CRITICAL

Applies to

Writ review petition

A petition for writ review must be served and filed within 10 days after the record is filed in the reviewing court.

A petition seeking writ review of orders setting a hearing under the Welfare & Institutions Code shall be served and filed within ten (10) days after the filing of the record in the reviewing court; (California Rules of Court, rule 8.452(c)(1).)

CRITICAL

Deadline

7 calendar days

A party proceeding under the stated condition must provide all other counsel seven calendar days' written notice of the judge-approved hearing date.

Any party choosing to proceed thus must give all other counsel seven (7) calendar days written notice of the hearing date which has been approved by the judge or referee.

CRITICAL

Applies to

Temporary restraining order application

Notice of restraining-order applications and accompanying documents must be provided to the opposing party or attorney by 10:00 a.m. the day before review, subject to good cause and three court-waiver grounds.

Notice and Delivery of Applications for civil harassment, elder abuse, and workplace violence temporary restraining orders, including copies of all documents to be submitted must be noticed to the opposing party or attorney by 10:00 a.m. the day before the application is scheduled to be reviewed by the assigned judicial officer unless accompanied by a declaration setting forth good cause as to the reasons why notice has not been given. This notice requirement can be waived by the court if (1) notice is impossible, or (2) notice would frustrate the very purpose of the order, or (3) immediate and irreparable harm could be suffered if notice were given.

CRITICAL

Applies to

Court filed papers

Copies of all papers filed with the court must be timely served on the local child support agency.

Additionally, copies of all papers filed with the court shall be timely served on the local child support agency.

CRITICAL

The opposing party must receive a copy of the complaint, and the person submitting the complaint must attach proof of service at submission.

The opposing party shall receive a copy of the complaint from the person making the complaint. The person making the complaint shall attach a proof of service evidencing such service at the time the complaint is submitted.

CRITICAL

Deadline

15 calendar days

Applies to

Case management conference statement

Each party must file and serve a completed case management conference statement at least 15 calendar days before the conference.

At least fifteen (15) calendar days before the scheduled case management conference, each party shall file with the court and serve on all other parties a completed case management conference statement.

CRITICAL

A proof of service must be filed with the clerk for the required extra copy served on the court investigator in conservatorship and guardianship matters.

For all filings in conservatorships and guardianships, including initial petitions and subsequent petitions and motions, the petitioner or moving party and any party responding or objecting shall serve an extra copy on the court investigator and file a proof of service with the clerk’s office.

CRITICAL

Applies to

Papers filed with ex parte order application

A party seeking an ex parte order must provide all filed papers to the other parties by 4:00 p.m. on the filing day, but formal service is not required at that stage.

A party seeking an ex parte order must provide a copy of all papers filed with the court to the other parties at or before 4:00 p.m. on the day that they are filed with the court. This does not require formal service. Formal service will occur after the Request for Order / other ex parte orders are approved by the judicial officer. The copies may be provided electronically, through a parenting app the parties are already using, or in hard copy to the party directly (unless there are restraining orders which prohibit contact) or via service by a third party.

CRITICAL

Applies to

Summons and petition

A case without proof of service of the Summons and Petition on file may be placed on the dismissal calendar.

E. Dismissal of Action. If parties fail to appear twice at their respective FCCR Conference or if there is no proof of service of Summons and Petition on file, the case may be set on the Dismissal calendar, pursuant to California Rules of Court, rule 5.83.

CRITICAL

Deadline

10 calendar days

The party calendaring a separate or different motion must give all other counsel ten calendar days' written notice unless the court reduces the period for good cause.

the party seeking to place the separate/different motion on calendar must give ten (10) calendar days written notice of the separate/different motion to all other counsel, unless the Court, for good cause shown, prescribes a lesser number of days for notice.

CRITICAL

Deadline

7 calendar days

When the proposed hearing date is less than seven calendar days after submission, consent to the date must be sought from the other counsel.

If the proposed date of hearing is less than seven (7) calendar days from the date of submission of the ex parte application to calendar and order form, consent to the proposed hearing date must be sought from the other counsel.

CRITICAL

Applies to

Notice of fccr conference

The petitioner must serve the Notice of FCCR Conference on the respondent with the summons and petition and other required initial papers.

The petitioner shall serve the Notice of FCCR Conference on the respondent with the summons and petition and any other initial papers to be served with the summons and petition or as required by law or California Rules of Court.

CRITICAL

Deadline

5 court days

Applies to

Exhibits

Except for documents impeaching a party's or witness's truthfulness, counsel and self-represented parties must receive each trial document at least five court days before the evidentiary hearing or trial.

Except for documents that impeach the truthfulness of a party or witness, a party shall provide a copy of each document to be offered to the court before any hearing or trial to all counsel and self- represented parties not less than five (5) court days before the evidentiary hearing or trial.

CRITICAL

Applies to

Creditor claim approval motion

A noticed creditor-claim approval motion filed by the personal representative generally requires service on the heirs and devisees, subject to three stated exceptions.

A noticed motion for approval of a creditor’s claim filed by the personal representative, with service of the notice of motion on the heirs and devisees, is required unless: (1) The claim is for reimbursement of funeral and last illness expenses and proof of payment is attached to the claim; (2) The claim together with all other claims of the personal representative, except for reimbursement of funeral and last illness expenses, is less than $1,000; or (3) All persons beneficially interested in the estate approve the claim in writing.

CRITICAL

Cases in which there is no proof of service filed with the Clerk of the Court after two (2) continuances due to lack of proof of service having been filed may be dismissed without prejudice.

Cases in which there is no proof of service filed with the Clerk of the Court after two (2) continuances due to lack of proof of service having been filed may be dismissed without prejudice.

CRITICAL

Deadline

2 court days

Applies to

Responsive papers

Responsive papers in a formal-discovery matter must be filed and served at least two court days before the hearing.

Any responsive papers shall be filed and served two (2) court days prior to the hearing.

CRITICAL

A party using the ex parte calendaring procedure without advance notice must give all other counsel seven calendar days' written notice of the approved hearing date.

Any party choosing to proceed thus must give all other counsel seven (7) calendar days written notice of the hearing date which has been approved by the judge or referee.

CRITICAL

Copies of the last three years of state and federal tax returns must be exchanged at least five days before the court appearance.

Copies of the returns must be exchanged at least five (5) days prior to the court appearance.

CRITICAL

Applies to

Pleading

Moving and responsive pleadings must be filed with the clerk and timely served on the opposing party or that party's attorney, subject to the Family Code Section 215 exception, and the court may disregard untimely papers.

Moving and responsive pleadings must be filed with the court clerk and served upon the opposing party or if represented by an attorney, upon their attorney unless Family Code Section 215 applies. Parties must comply with the time requirements of Code of Civil Procedure Section 1005(b). The Court, in its discretion, may refuse to consider papers not timely filed or served.

CRITICAL

Applies to

Petition for modification

After the judge or referee signs the modification petition, the presenting party must file it with the clerk and serve copies on every party and counsel, if any.

After the judge or referee signs the petition for modification, the party who presented the petition for modification shall file the petition for modification and any supporting papers with the clerk’s office and serve copies of the filed petition for modification and any supporting papers on each party and the party’s counsel, if any.

CRITICAL

Applies to

Petition

Unless the court orders otherwise, the applicant must arrange the ex parte hearing and give notice to the expressly identified persons using civil-case procedures.

Unless the Court orders otherwise, the party seeking special letters of administration or temporary letters of guardianship or conservatorship shall arrange a time for the ex parte hearing and give notice pursuant to the rules and procedures followed in civil cases. Notice of the application shall be given to the surviving spouse, nominated executor, proposed ward or conservatee, other persons who might be expected to seek letters, and any other persons equitably entitled to notice.

CRITICAL

Applies to

Non routine ex parte application

Notice of the time, place, and subject matter of a non-routine ex parte application must be given to all counsel and the assigned social worker by 4:00 p.m. on the preceding day unless good cause or consent applies.

The applicant shall give, no later than 4:00 p.m. on the day prior to the proposed ex parte application, advance notice of the time, place, and basic subject matter of the proposed ex parte application to all counsel and the social worker assigned to the case, except for good cause shown or consent of all counsel.

CRITICAL

Applies to

Motion

A moving party must provide the child's CASA advocate timely notice of any motion concerning that child.

In any motion concerning the child for whom the advocate has been appointed, the moving party shall provide the advocate timely notice.

CRITICAL

Applies to

At issue memorandum

An at-issue memorandum must be filed before a contested case is set for trial and, unless already filed, must be accompanied by proof of service of the preliminary declaration of disclosure on the other party.

D. At Issue Memorandum. An at issue memorandum on the court’s local form may be filed at any time after the filing of a response and must be filed before any contested case may be set for trial. The filing of an at issue memorandum must be accompanied by a proof of service of the preliminary declaration of disclosure upon the other party unless proof of service of the preliminary declaration of disclosure is already filed.

CRITICALCivil cases

Applies to

Case management statement

The completed Case Management Statement must be served on all parties at least 15 calendar days before the Case Management Conference.

At least fifteen calendar days prior to the scheduled Case Management Conference, each party shall file with the court and serve on all parties, a completed Case Management Statement.

CRITICAL

Unless there is good cause or consent from all counsel, the applicant must give all counsel and the assigned social worker advance notice by 4:00 p.m. the day before the proposed application, including its time, place, and basic subject matter.

The applicant shall give, no later than 4:00 p.m. on the day prior to the proposed ex parte application, advance notice of the time, place, and basic subject matter of the proposed ex parte application to all counsel and the social worker assigned to the case, except for good cause shown or consent of all counsel.

CRITICAL

Applies to

Future correspondence or notices

Service

Electronic service

Electronic filing constitutes consent to receive future court correspondence and notices electronically in that case, and consent may also be submitted through the filing provider or by filing a consent form.

By filing a document electronically, the party or user agrees to accept electronic service [eService], from the court, at the electronic service address provided. A user may consent to accept electronic service [eService] from the court through their electronic filing service provider, or by filing a consent form. This agreement applies to all future correspondence or notices from the court to the party who is affirming consent to electronic service. Consent is granted by law for the particular case in which electronic filing was used.

CRITICAL

Deadline

15 calendar days

Applies to

Proof of service

Proofs of service for complaints and cross-complaints must be filed at least 15 calendar days before the case-management conference.

Proofs of service of complaints and cross-complaints must be filed at least fifteen (15) calendar days before the case management conference.

CRITICAL

Applies to

Opposition

Written oppositions to in limine or Evidence Code Section 402 motions must be filed and served on opposing counsel at the Trial Readiness Conference.

Any written oppositions to said motions shall be filed and served on opposing counsel at the Trial Readiness Conference.

CRITICAL

Deadline

5 court days

At least five court days before the pretrial conference, the parties must serve and file exhibit lists, witness lists, proposed jury instructions, proposed written voir dire, proposed special verdicts, stipulations, and a joint statement of the case.

Unless otherwise ordered, at least five (5) court days before the pretrial conference, the parties shall serve and file the following:

CRITICAL

Applies to

Conservatorship or guardianship filing

In conservatorship and guardianship filings, the petitioner or moving party and any responding or objecting party must serve an extra copy on the court investigator and file proof of service with the clerk.

For all filings in conservatorships and guardianships, including initial petitions and subsequent petitions and motions, the petitioner or moving party and any party responding or objecting shall serve an extra copy on the court investigator and file a proof of service with the clerk’s office.

CRITICAL

Deadline

15 calendar days

Applies to

Complaint and cross complaint

Proofs of service for complaints and cross-complaints must be filed at least 15 calendar days before the case management conference.

Proofs of service of complaints and cross-complaints must be filed at least fifteen (15) calendar days before the case management conference.

CRITICAL

Applies to

Notice

Service

Mail

For mail notice, the moving party must provide correctly addressed, prepaid envelopes bearing the clerk’s return address.

Where the notice is to be mailed, the moving party shall furnish to the clerk envelopes addressed to those required to receive notice, with postage prepaid, and with the clerk’s address as the return address.

CRITICAL

Applies to

Moving and responsive pleadings

Moving and responsive pleadings must be filed with the clerk and served on the opposing party or that party’s attorney.

Moving and responsive pleadings must be filed with the court clerk and served upon the opposing party or if represented by an attorney, upon their attorney.

CRITICAL

After receiving the completed application back, the submitting party must file it with the clerk and serve filed copies on all counsel and the Child Protective Services case manager.

When the party submitting the completed ex parte application to calendar form receives that form back from the judge or referee, that party shall file the form with the clerk’s office and serve copies of the filed form on all counsel and the Child Protective Services case manager.

CRITICAL

Applies to

Ex parte application

Service

Personal service to all parties

An ex parte application must be served on all other parties by personal delivery, email, or facsimile at the first reasonable opportunity unless cause is shown.

D. Service of papers. Parties must serve the ex parte application on all other parties by personal delivery, electronic mail, or facsimile, at the first reasonable opportunity, or must show cause why they should not be required to serve the opposing party.

CRITICAL

Deadline

5 court days

Applies to

Discovery motion

A noticed formal-discovery motion must explain the relevancy and materiality of the information sought and why informal discovery was inadequate, and must be served on all parties at least five court days before the hearing.

Any noticed motion shall state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information. The motion shall be served on all parties at least five (5) court days before the hearing date.

CRITICAL

For temporary restraining order applications, the opposing party or attorney must receive notice and all submitted documents by 10:00 a.m. the day before review, unless a declaration states good cause for the lack of notice.

Notice and Delivery of Applications for civil harassment, elder abuse, and workplace violence temporary restraining orders, including copies of all documents to be submitted must be noticed to the opposing party or attorney by 10:00 a.m. the day before the application is scheduled to be reviewed by the assigned judicial officer unless accompanied by a declaration setting forth good cause as to the reasons why notice has not been given.

CRITICAL

Deadline

2 court days

Applies to

Remote hearing documents

Documents submitted in advance for a voluntary remote appearance must be served on and received by opposing parties two court days before the hearing, unless the court orders an earlier date.

Any documents submitted to the court in advance of the court hearing must also be served and received by the opposing parties two (2) court days prior to the court hearing. The court may issue an order requiring any such documents be submitted to the court and provided to opposing parties on a date earlier than what is required herein.

CRITICAL

Applies to

Ex parte application

A party must serve the ex parte application on every other party by personal delivery, email, or facsimile at the first reasonable opportunity, unless the party shows cause why service of the opposing party should not be required.

D. Service of papers. Parties must serve the ex parte application on all other parties by personal delivery, electronic mail, or facsimile, at the first reasonable opportunity, or must show cause why they should not be required to serve the opposing party.

CRITICAL

Applies to

Ccrc complaint

A CCRC complaint must be accompanied by a copy served on the opposing party and a proof of service when submitted.

The opposing party shall receive a copy of the complaint from the person making the complaint and attach a proof of service evidencing such service at the time the complaint is submitted.

CRITICAL

Deadline

10 calendar days

Applies to

Noticed motion

A noticed motion generally requires ten calendar days' written notice to all other counsel, subject to a court-ordered shorter period for good cause.

A noticed motion must give ten (10) calendar days written notice to all other counsel unless the Court, for good cause shown, prescribes a lesser number of days for notice.

CRITICAL

Applies to

Petition for modification

A request for temporary modification relief must comply with the notice requirements for non-routine ex parte applications under Local Rule 6.05.5.

Any party seeking an order temporarily granting the relief sought in a petition for modification pending the hearing on that petition shall comply with the notice requirements for non-routine ex parte applications set forth in Local Rule 6.05.5.

CRITICAL

Deadline

2 court days

A party submitting documents before a court hearing must also serve them on the opposing parties to be received two (2) court days before the hearing.

Any documents submitted to the court in advance of the court hearing must also be served on the opposing parties so that they will be received two (2) court days prior to the court hearing.

CRITICAL

A court-signed order must be served on all parties within five days after receipt of the order.

The order signed by the court shall be served on all parties within five (5) days of receipt of the order signed by the court.

CRITICAL

Deadline

2 court days

Applies to

Discovery responsive papers

A party filing responsive papers must file and serve them two (2) court days before the hearing.

Any responsive papers shall be filed and served two (2) court days prior to the hearing.

CRITICAL

Applies to

Non routine ex parte application

Non-routine ex parte applications require adequate advance notice to all counsel.

All non-routine ex parte applications must be made only upon adequate advance notice to all counsel in accordance with this rule.

CRITICAL

Applies to

Status and fccr conference questionnaire

A request that a party appear at the FCCR Conference must be noticed at least 10 days beforehand by serving form FL-20 and checking the applicable box.

Notice of a request for appearance shall be served ten (10) days prior to the FCCR Conference. Notice shall be given by serving form FL-20 and checking the applicable box.

CRITICAL

Applies to

Documents offered at hearing or trial

Except for truthfulness-impeaching documents, a copy of each document offered at a hearing or trial must be provided to all counsel and self-represented parties at least seven days before the evidentiary hearing or trial.

Except for documents that impeach the truthfulness of a party or witness, a party shall provide a copy of each document to be offered to the court before any hearing or trial to all counsel and self-represented parties not less than seven days before the evidentiary hearing or trial.

CRITICAL

Applies to

Evaluator withdrawal petition

Service

Court service to all parties

The petition may be a letter to the judge assigned to the case, with the court serving a copy on each party.

The petition may be in the form of a letter directed to the judge assigned to the case, with a copy served on each party by the court.

CRITICAL

Applies to

Final declaration of disclosure

Each party must serve the Final Declaration of Disclosure no later than 45 days before trial.

Each party must serve a Final Declaration of Disclosure not later than forty-five (45) days prior to trial

CRITICAL

A copy of the opposition papers must be served on the opposing party on the court day before the scheduled review.

A copy of any such opposition papers shall also be served on the opposing party on the court day prior to the scheduled review of the pleadings.

CRITICAL

Deadline

10 calendar days

Applies to

Petition for modification

When a hearing is assigned on a modification petition, the filed petition and supporting papers must be served on every party and counsel at least 10 calendar days before the hearing.

If the judge or referee grants a hearing on the petition for modification and assigns a hearing date, the party who presented the petition for modification shall serve, no less than ten (10) calendar days prior to the assigned hearing date, the filed petition for modification and any supporting papers on each party and the party’s counsel, if any.

CRITICAL

Deadline

10 calendar days

A party calendaring a separate or different motion on an existing hearing date must provide at least ten calendar days' written notice to all other counsel, unless the court allows less for good cause.

If a case has an upcoming hearing date already on calendar, an ex parte application to calendar and order form need not be submitted to place on calendar for the same date a separate/different motion on the same case. However, the party seeking to place the separate/different motion on calendar must give ten (10) calendar days written notice of the separate/different motion to all other counsel, unless the court, for good cause shown, prescribes a lesser number of days for notice.

CRITICAL

Applies to

Application to commence proceedings

When a family-law proceeding is pending, the applicant must also send a copy of the application to Family Court Services.

If a family law proceeding is pending, a copy of the application shall also be sent to Family Court Services by the applicant.

CRITICAL

The court may waive the temporary restraining order notice requirement if notice is impossible, would frustrate the order’s purpose, or could cause immediate and irreparable harm.

This notice requirement can be waived by the court if (1) notice is impossible, or (2) notice would frustrate the very purpose of the order, or (3) immediate and irreparable harm could be suffered if notice were given.

CRITICAL

Applies to

Notice

A notice filed by someone other than the child’s attorney must be served on the child’s attorney, or must state that the child is unrepresented.

If the person filing the notice is not the attorney for the child, a copy of the notice shall be served on the attorney for the child, or, if the child is unrepresented, the notice shall so state.

CRITICAL

Applies to

Opposition

A copy of opposition papers must be served on the opposing party on the court day before the scheduled review.

A copy of any such opposition papers shall also be served on the opposing party on the court day prior to the scheduled review of the pleadings.

CRITICAL

Deadline

10 calendar days

Applies to

Petition for modification

When a modification hearing is set, the presenting party must serve the filed petition and supporting papers on each party and counsel at least ten calendar days before the hearing.

If the judge or referee grants a hearing on the petition for modification and assigns a hearing date, the party who presented the petition for modification shall serve, no less than ten (10) calendar days prior to the assigned hearing date, the filed petition for modification and any supporting papers on each party and the party’s counsel, if any.

CRITICAL

Applies to

Petition for modification

After the judge or referee signs a modification petition, the presenting party must file the petition and supporting papers and serve copies on each party and counsel, if any.

After the judge or referee signs the petition for modification, the party who presented the petition for modification shall file the petition for modification and any supporting papers with the clerk’s office and serve copies of the filed petition for modification and any supporting papers on each party and the party’s counsel, if any.

CRITICAL

Applies to

Notice of determination

Service

Mail

The court must notify the attorney and complaining party in writing of its determination on the complaint.

The Court shall notify the attorney and the complaining party in writing of its determination of the complaint.

CRITICAL

Deadline

2 court days

At least two court days before the hearing, a copy of the report must be provided through the respective attorneys to the Nevada County Human Services Agency, the child, eligible parents, a probate or legal guardian, and any other persons directed by the court.

At least two (2) court days prior to the hearing, the original of the report shall be filed with the court and a copy provided to the following, through their respective attorneys, if any: 1. The Nevada County Human Services Agency. 2. The child. 3. The mother, if living, and if her parental rights have not been terminated. 4. The presumed father, if living, and if his parental rights have not been terminated. 5. A probate or legal guardian of the child. 6. Such other persons as the court may so direct.

CRITICAL

Deadline

5 court days

Applies to

Discovery motion

A noticed formal-discovery motion must be served on all parties at least five court days before the hearing.

The motion shall be served on all parties at least five (5) court days before the hearing date.

CRITICAL

Applies to

Order after hearing

The parties must attempt to resolve disputes over the form of an order after hearing, and the signed order must be served on all parties within five days after the court receives it.

In addition to the requirements of California Rules of Court, Rule 3.1312, the parties to a law and motion matter shall make a good faith attempt to resolve any dispute as to the form of an order after hearing. Counsel preparing the order after hearing shall secure the approval of opposing counsel as to the form of the order after hearing within ten (10) court days of submitting the same for approval. Any unreasonable failure to approve the form of an order may subject the opposing party to sanctions in accordance with these rules. The order signed by the Court shall be served on all parties within five (5) days of receipt of the order signed by the Court.

CRITICAL

Applies to

Discovery motion

A copy of the formal-discovery motion must be served on the court where the matter is scheduled for hearing.

A copy shall be served on the court before which the matter is scheduled to be heard.

CRITICAL

Applies to

Noticed motion

The clerk will not accept a noticed motion without an accompanying proof of service.

No noticed motion shall be accepted by the clerk’s office unless it is accompanied by a proof of service.

CRITICAL

Applies to

Motion

In limine and Evidence Code Section 402 motions must be filed and served on opposing counsel at least two days before the Trial Readiness Conference.

B. In limine or Evidence Code Section 402 motions shall be filed and served on opposing counsel at least two days prior to the Trial Readiness Conference.

CRITICAL

Service

Mail

The moving party must provide the clerk with the required notice copies and, for mailed notice, furnish addressed, postage-prepaid envelopes with the clerk’s return address.

The moving party shall prepare and submit to the clerk as many copies of the notices to be posted, published or mailed by the clerk as the clerk is required to post, publish or mail. Where the notice is to be mailed, the moving party shall furnish to the clerk envelopes addressed to those required to receive notice, with postage prepaid, and with the clerk’s address as the return address.

CRITICAL

A petition for writ review must be served and filed within 10 days after the record is filed in the reviewing court.

A petition seeking writ review of orders setting a hearing under the Welfare & Institutions Code shall be served and filed within ten (10) days after the filing of the record in the reviewing court;

CRITICAL

Applies to

Motion

A moving party must provide the child's appointed advocate timely notice of any motion concerning that child.

In any motion concerning the child for whom the advocate has been appointed, the moving party shall provide the advocate timely notice.

CRITICAL

Applies to

Petition for modification

A request for temporary relief in a modification petition must comply with the notice requirements governing non-routine ex parte applications.

The party seeking an order temporarily granting the relief sought in a petition for modification shall comply with the notice requirements for non-routine ex parte applications set forth in Local Rule 6.05.5.

CRITICAL

Applies to

Pretrial statement

Each party must serve the opposing party with a copy of any appraisal or evaluation intended for use at trial along with the Pretrial Statement.

However, each party must serve with the Pretrial Statement on the opposing party a copy of any appraisal or evaluation to be used at trial.

CRITICAL

Notice of a civil or probate ex parte application must be given under California Rules of Court, Rule 3.1203.

Notice shall be given pursuant to California Rules of Court, Rule 3.1203.

WARNING

Applies to

Non routine ex parte application

The moving papers, notice declaration, and any responding papers should be served on all other counsel as early as practicable when possible.

Whenever possible, the ex parte application moving papers and the declaration re notice of ex parte application form, and any responding papers, shall be served on all other counsel as far in advance of the ex parte application as is practicable.

WARNING

Deadline

5 court days

Applies to

Subpoena

A subpoena for the counselor must be delivered to the clerk’s office at least five court days before a contested hearing to secure the counselor’s availability for cross-examination.

A party may serve a subpoena, delivered to the clerk’s office at least five (5) court days in advance for the counselor to be made available for cross-examination at any contested hearing.

WARNING

Applies to

Non routine ex parte application

Ex parte notice may also be excused when notice is impossible despite a good-faith attempt or when opposing counsel does not object to the requested relief.

Notice may also be excused if, following a good faith attempt, the giving of notice is not possible, or if the other counsel does not object to the relief sought by the ex parte application.

WARNING

Applies to

Non routine ex parte application

Ex parte notice may be excused when notice would frustrate the order's purpose or cause the minor immediate and irreparable physical or emotional harm.

Notice of the ex parte application may be excused if the giving of such notice would frustrate the purpose of the order, or cause the minor to suffer immediate and irreparable physical or emotional harm.

WARNING

Service

Electronic service

Electronic filing constitutes consent to electronic service from the court for future correspondence and notices in that case.

By filing a document electronically, the party or user agrees to accept electronic service [eService], from the court, at the electronic service address provided. A user may consent to accept electronic service [eService] from the court through their electronic filing service provider, or by filing a consent form. This agreement applies to all future correspondence or notices from the court to the party who is affirming consent to electronic service. Consent is granted by law for the particular case in which electronic filing was used.

WARNING

At service of the complaint, the plaintiff must serve the case-management notice, information sheet, blank statement, and alternate-dispute-resolution sheet with its stipulation form.

Plaintiff shall serve the notice of case management conference, the case management information sheet with attached blank copy of the case management statement, and the court’s alternate dispute resolution sheet and attached stipulation form at the time the complaint is served.

WARNING

Applies to

Ex parte application

When possible, the ex parte moving papers, notice declaration, and responding papers must be served on all other counsel as early as practicable before the application.

Whenever possible, the ex parte application moving papers and the declaration re notice of ex parte application form, and any responding papers, shall be served on all other counsel as far in advance of the ex parte application as is practicable.

WARNING

Applies to

Summons and petition

The case may be placed on the dismissal calendar if the parties fail to appear twice or no proof of service of the Summons and Petition is on file.

E. Dismissal of Action. If parties fail to appear twice at their respective FCCR Conference or if there is no proof of service of Summons and Petition on file, the case may be set on the Dismissal calendar, pursuant to California Rules of Court, Rule 5.83.

WARNING

An application for a hearing less than seven calendar days away may be submitted despite withheld written consent if the other counsel was given an opportunity to consent in writing.

An ex parte application to calendar and order form seeking a hearing date less than seven (7) calendar days from the date of submission of the form may be submitted to the judge or referee even if written consent to the proposed hearing date has been withheld by other counsel, so long as said counsel was given an opportunity to give written consent to the proposed hearing date.

WARNING

Applies to

Small claims case

Cases in which there is no proof of service filed with the clerk of the court after two (2) continuances due to lack of proof of service having been filed may be dismissed without prejudice.

Cases in which there is no proof of service filed with the clerk of the court after two (2) continuances due to lack of proof of service having been filed may be dismissed without prejudice.

INFO

An ex parte application concerning out-of-state travel or medical or dental care may be submitted without advance formal notice unless counsel specifically requested advance notice.

Unless counsel for a party has specifically requested advance notice of ex parte applications regarding out-of-state travel or medical/dental care for the minor, an ex parte application may be made, without advance formal notice, to the judge or referee in whose courtroom the minor’s case is assigned, seeking an order permitting minor to travel out-of-state with the foster parent or care provider, relative, or other appropriate adult acceptable to Child Protective Services, or an order authorizing that medical or dental care be performed on the minor.

INFO

Notice to other counsel of an ex parte application to calendar and order is not required when the proposed hearing date is more than seven calendar days after submission.

notice to all other counsel of the intent to submit an ex parte application to calendar and order form to a judge or referee in whose courtroom the case is assigned is not required if the proposed date of hearing is more than seven (7) calendar days from the date of submission of the form.

INFO

Cellular phone text messaging may be used to give notice of an ex parte application.

F. The manner of giving notice of the ex parte application may include notice by cellular phone text messaging.

INFO

The prosecutor is strongly encouraged to informally provide all possessed police reports containing the specified information at least 24 hours before the first scheduled felony conference.

D. Early resolution will be best promoted if parties comply with the discovery statutes as soon as possible following the entry of the initial plea in the case. The prosecutor is strongly encouraged to informally provide all police reports containing the information described in Penal Code section 1054.1(b), (e) and (f) in their possession at least 24 hours prior to the first scheduled felony conference.