Riverside Superior Court Service and Proof of Service Rules

CRITICALCivil cases

Opposition briefs must be served so that opposing counsel receives them by 4:00 p.m., at least 10 days before trial.

Oppositions to all motions in limine shall be filed with the court and served so opposing counsel receives them by 4:00 p.m. at least 10 days prior to the date of trial.

CRITICAL

Any request to excuse attendance at the MSC must be served on all parties.

The request MUST be served on all parties.

CRITICAL

Applies to

Opposition

Opposition to an ex parte application must be served on the moving party as soon as it is filed.

Any opposition to an ex parte application must be served on the moving party/counsel as soon as it is filed with the Court.

CRITICALCivil cases

Motions in limine served on opposing counsel must be received no later than 4:00 p.m., 15 days before trial.

Motions in limine shall be filed with the court and served so opposing counsel receives them on or before 4:00 p.m. 15 days prior to the date of trial.

CRITICAL

Applies to

Ex parte application

Service

Email to opposing party

Parties seeking ex parte relief must email the application and supporting documents to opposing counsel by 4:00 p.m. the day before the hearing.

In addition to complying with the California Rules of Court and applicable Local Rules governing ex parte applications, parties seeking ex parte relief must email a copy of any ex parte application (and all supporting documents) to the opposing party/counsel no later than 4:00 p.m. the day prior to the ex parte hearing.

CRITICALCivil cases

Applies to

Complaint

Plaintiff's counsel must serve all defendants and file proofs of service within 60 days of filing the complaint.

California Rules of Court, rule 3.110(b), requires plaintiff’s counsel to serve all defendants and to file all proofs of that service within 60 days of the filing of the complaint.

CRITICALCivil cases

Applies to

Cross complaint

Cross-complainant's counsel must serve all cross-defendants and file proofs of service within 30 days of filing the cross-complaint (sentence cut off in source).

California Rules of Court, rule 3.110(c), requires cross-complainant’s counsel to serve all cross-defendants and to file all proofs of that service within 30 days of

CRITICAL

Service

Email to opposing party

Parties seeking ex parte relief must email a copy of the ex parte application and all supporting documents to opposing counsel no later than 4:00 p.m. the day prior to the ex parte hearing.

In addition to complying with the California Rules of Court and applicable Local Rules governing ex parte applications, parties seeking ex parte relief must email a copy of any ex parte application (and all supporting documents) to the opposing party/counsel no later than 4:00 p.m. the day prior to the ex parte hearing.

CRITICAL

Opposition to an ex parte application must be served on the moving party/counsel as soon as it is filed with the Court.

Any opposition to an ex parte application must be served on the moving party/counsel as soon as it is filed with the Court.

CRITICALCivil cases

Applies to

Evidence

A party appearing remotely at an evidentiary hearing must provide all evidence it wants considered to all parties and the court before the hearing.

A party approved to appear remotely at an evidentiary hearing must provide all evidence it wants considered to all other parties and the court prior to the hearing.

CRITICALCivil cases

Applies to

Evidence

In a contested matter, all evidence must be exchanged with the other party or parties before the hearing; the court will not consider evidence the other side has not seen.

Unless more specific rules apply (see Trials, infra), in a contested matter all evidence—documents, photographs, videos, and the like—must be exchanged with the other party or parties before the matter is called for a hearing. The court will not consider evidence the other side has not seen, and will not delay a hearing while the parties exchange evidence.

CRITICAL

Notice of an ex parte hearing must be provided by 10:00 a.m. on the preceding court day.

Notice must be provided no later than 10:00 a.m. on the court day preceding the hearing.

CRITICAL

All exhibits must be exchanged 14 days before trial, except impeachment evidence.

b. Joint Exhibit List (all exhibits must be exchanged 14 days before trial, excluding impeachment evidence);

CRITICAL

Deadline

14 calendar days

Applies to

Motion in limine

Motions in limine, including oppositions, must be exchanged 14 days before trial.

f. Motions in Limine (exchanged 14 days prior to trial), including oppositions.

CRITICAL

The joint witness list, including estimated testimony times, must be exchanged 14 days before trial.

c. Joint Witness List, including estimated testimony times (exchanged 14 days before trial);

CRITICAL

A party requesting oral argument must inform all other parties by 4:30 p.m. on the preceding court day.

2.2 To request oral argument, a party must notify Judicial Secretary at (760) 904-5722 and inform all other parties no later than 4:30 p.m. on the court day preceding the hearing.

CRITICAL

All visual aids intended for use in opening or closing must be shared with the opposing side, with objections handled outside the jury's presence.

All visual aids intended to be used in opening or closing must be shared with the opposing side. Any objections will be handled outside the presence of the jury.

CRITICAL

Applies to

Affirmative defenses

Defendant must serve a copy of its affirmative defenses on opposing counsel or the self-represented party at least five days before trial.

for Defendant’s Affirmative Defense(s). Opposing counsel or self-represented party must be served with a copy at least five (5) days prior to the date set for trial.

CRITICAL

Service

Email to opposing party

Parties seeking ex parte relief must email a copy of the application and supporting documents to opposing counsel by 4:00 p.m. the day before the hearing.

In addition to complying with the California Rules of Court and applicable Local Rules governing ex parte applications, parties seeking ex parte relief must email a copy of any ex parte application (and all supporting documents) to the opposing party/counsel no later than 4:00 p.m. the day prior to the ex parte hearing.

CRITICAL

Opposition to an ex parte application must be served on the moving party as soon as it is filed.

Any opposition to an ex parte application must be served on the moving party/counsel as soon as it is filed with the Court.

CRITICAL

Before leaving court, counsel must provide opposing counsel the next day’s witness order and related exhibits in order of use.

Counsel must provide opposing counsel with the next day’s witness order and related exhibits (in order of use) before leaving court.

CRITICAL

Deadline

14 calendar days

The parties must exchange all exhibits 14 days before trial, except impeachment evidence.

Joint Exhibit List (exchange all exhibits 14 days before trial; excludes impeachment evidence)

CRITICAL

A party requesting oral argument must inform all other parties by 4:30 p.m. the day before the hearing.

To request oral argument, parties must notify Judicial Secretary Kari Gates at (760) 904-5722 and inform all other parties by 4:30 p.m. the day prior.

WARNING

Service

Mail

Trial counsel must mail a copy of the order to all handling insurance claims professionals immediately upon learning an MSC has been set, and must advise the Court in writing of any insurance claims professional refusing to attend.

Immediately upon learning an MSC has been set, trial counsel for each party shall mail a copy of this order to all handling insurance claims professional for that party's insurance carriers. If trial counsel becomes aware that any insurance claims professional is refusing to attend the MSC, trial counsel shall advise the Court in writing of the name, address, and telephone number both of the person who is refusing to attend and that person's supervisor.

WARNINGCivil cases

A party obtaining an order must promptly serve it on all parties and file a proof of service with the Court.

Any party who obtains an order as a result of any motion, application, or stipulation filed by that party should promptly (a) serve a copy of that order on all parties and (b) file a proof of that service with the Court.

WARNINGCivil cases

c. Be served on all parties.

c. Be served on all parties.

WARNINGCivil cases

Applies to

MSC order

Service

Mail

Immediately upon learning of an order setting an MSC, trial counsel for each party should mail a copy of that order to all handling insurance claims

Immediately upon learning of an order setting an MSC, trial counsel for each party should mail a copy of that order to all handling insurance claims

WARNINGCivil cases

Counsel must comply with California Rules of Court rule 3.110 regarding service of process and entry of default.

The Court needs counsel to comply with counsel’s obligations under California Rules of Court, rule 3.110, regarding service of process and entry of default.

WARNINGCivil cases

Applies to

Complaint

Counsel may not delay service of the complaint because an amended complaint is expected; filing an amended complaint does not excuse the 60-day service deadline.

Counsel shall not delay service of the complaint merely because counsel expects to file an amended complaint. The filing of an amended complaint does not excuse the failure to comply with rule 3.110(b).

WARNINGCivil cases

Applies to

Opposition

Any opposition to an ex parte application must be served on the moving party/counsel as soon as it is filed with the court.

Any opposition to an ex parte application must be served on the moving party/counsel as soon as it is filed with the court.

WARNING

Parties must exchange all exhibits 14 days before trial; impeachment evidence is excluded from this requirement.

Joint Exhibit List (noting any stipulations as to authenticity, admissibility, or both; exchange all exhibits 14 days before trial; excludes impeachment evidence)