Sacramento Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

Request to compel physical presence

A request to compel a party's physical presence must be served no later than two court days before the hearing.

Such request must be made in writing as well as filed and served no later than two (2) court days prior to the hearing that is the subject of the request.

CRITICAL

Applies to

Petition private mediation

Service

Personal service to all parties

Unless the parties stipulate, the Petition and related documents must be personally served on all parties or their attorneys before filing with the court.

Absent a Stipulation, the Petition (local form FL/E-LP-601), Declarations (local form FL/E-FR-411), a blank Response to Petition for Private Child Custody Recommending Counseling (local form FL/E-LP-602), and a copy of the local Instructions for Petition for Private Child Custody Recommending Counseling (Private Mediation) shall be personally served on all parties or their attorney of record before filing them with the court.

CRITICAL

Applies to

Ex parte order

The moving party must serve the ex parte order on the opposing/responding party and file proof of service before the return hearing date.

The moving party must serve the opposing/responding party with the ex parte order and file proof of service before the return hearing date.

CRITICAL

Notice must be given to the Director of the California Department of Health Care Services when a spousal property petition is based on Medi-Cal qualification.

When the petition is predicated upon the non-petitioning spouse's qualification for Medi- Cal benefits, notice shall also be given to the Director of the California Department of Health Care Services.

CRITICAL

DCFAS must immediately notify the court, minor's counsel, and parties of a dependent minor's 72-hour psychiatric hold, including facility contact information, and no later than close of business the day after DCFAS receives notice of the hold.

Upon notice of a dependent minor’s 72-hour hold for evaluation and treatment pursuant to Welfare and Institutions Code section 5585 et seq., the Department of Child, Family and Adult Services (DCFAS) shall provide notice to the court and minor’s counsel and parties of the name, address, and phone number of the facility or person responsible for the minor’s care. Such notice shall be provided immediately, and in any event no later than the close of business the day following DCFAS’s receipt notice of the 72-hour hold.

CRITICAL

Deadline

5 calendar days

Applies to

Proof of service

Proofs of service must be filed by 9:00 a.m. five calendar days before the hearing or the matter may be dropped.

Unless previously filed, proofs of service must be filed by 9:00 a.m. five calendar days before the hearing, or the matter may be dropped from the law and motion calendar.

CRITICAL

Notice of the hearing on a petition for confirmation of sale of specifically devised property must be given to the devisee unless the devisee consents in writing.

On a sale of specifically devised real or personal property, absent the devisee’s written consent of such sale, notice of hearing of the petition for confirmation shall be given to the devisee.

CRITICAL

Applies to

Proposed order

The party directed to prepare a Findings and Order After Hearing must serve the proposed order on all other parties within 20 days of the ruling.

the party directed by the court to prepare a Findings and Order After Hearing [Form FL-340] shall, within twenty days of the ruling, serve by any means authorized by law a proposed order on all other parties for review and approval.

CRITICAL

Service

Mail to all parties

Plaintiff must serve the Notice of Civil Home Court Assignment and Case Management Conference by mail on all parties within 10 days of receipt and file proof of service.

Plaintiff shall serve by mail within 10 days of the date of receipt of the Notice of Civil Home Court Assignment and Case Management Conference a copy of such notice on all parties to the action. Proof of such service shall be filed with the court.

CRITICAL

Before filing, the rehearing applicant must serve the application and accompanying documents on all attorneys and self-represented parties (including de facto parents), and must attach proof of service.

Prior to filing the application, the applicant shall serve a copy of the application and any accompanying documents on all attorneys and any party including a de facto parent who is acting without an attorney. The court will not accept for filing an application that does not have a proof of service of the application attached.

CRITICAL

Applies to

Petition for sale of residence

Service

Mail

Sale of a conservatee's residence requires prior authorization; petitions are considered only on a calendared motion with notice under Probate Code §§1460 and 2702, and a listing agreement may be approved ex parte once sale permission is granted.

Sale of a conservatee's residence requires prior authorization in compliance with Probate Code section 2540(b). Petitions for authorization of sale of the conservatee's residence and/or authorization to execute a listing agreement for sale of the conservatee's residence will be considered only upon a calendared motion with notice given pursuant to Probate Code section 1460 (general mailed notice) and Probate Code section 2702 (special notice).

CRITICALCivil cases

Applies to

Notice of hearing

The Court will not set an Election Writ merits hearing on less than four court days' notice to respondents and real parties in interest, absent good cause shown by a concurrently filed declaration.

Absent a showing of good cause, which may be established by declaration filed concurrently with the verified petition, the Court will not set a merits hearing for an Election Writ on less than four court days’ notice to the respondent(s) and any real party(ies) in interest. (For example, if a petition is filed on Monday, the earliest the Court will hear the merits of the petition is that Friday, and such a hearing will occur only ifthe petitioner provides proper service

CRITICAL

The CASA program must provide a copy of its report to all counsel at least two days before the hearing.

The CASA program shall also provide a copy of the report to all counsel at least two days before the hearing.

CRITICAL

Before presenting a proposed modification order, the probation officer must serve specific notice of the application on the attorneys for each party.

If the probation officer elects to initiate an evaluation of the suitability for conditional release and determines to recommend a modification to the court's prior order, specific notice of the probation officer's application must be served on the attorneys for each party prior to presentation of the proposed modification order to the judicial officer.

CRITICAL

Applies to

Bench warrant

A bench warrant must be served within 120 days after its issuance.

The bench warrant must be served on or before 120 days after its issuance.

CRITICAL

Applies to

Pre trial statement

Pre-trial statements must be filed with the court and served on the parties at least two judicial days before the pre-trial conference.

The pre-trial statement shall be filed with the court and served upon the parties at least two judicial days prior to the date set for the pre-trial conference.

CRITICAL

The moving party must submit a completed proof of service via drop box or express mail by 8:30 a.m. on the hearing date showing compliance with service and notice requirements; failure may result in denial or a later hearing.

The moving party must submit a completed proof of service via drop box or by express mail by 8:30 a.m. on the scheduled ex parte hearing date showing they have complied with items 1(a) and 1(b), above. If the moving party fails to do this, the court may deny the ex parte request or set a later hearing to ensure that the opposing/responding party is properly notified and served.

CRITICAL

The notice-of-motion service deadlines in section 10.14(B) are strictly enforced unless the opposing parties waive timely service, the court shortens time, or good cause is shown.

The notice requirements as specified in subdivision (B) of this section will be strictly enforced unless: (1) The opposing parties waive the right to be served in a timely manner; or (2) The court grants an order shortening the time for service; or (3) The court finds good cause for failure of the moving party to comply with the time limits for service.

CRITICAL

Deadline

10 calendar days

(2) Ten Calendar Days (five calendar days for misdemeanor cases): (a) Motion to amend complaint/information. (b) Motion to consolidate. (c) Motion to sever.

(2) Ten Calendar Days (five calendar days for misdemeanor cases): (a) Motion to amend complaint/information. (b) Motion to consolidate. (c) Motion to sever.

CRITICAL

Notice of hearing is sufficient for all instruments offered in the petition; a new notice with a hearing date no earlier than the original must be given for any additional instruments later presented.

The notice of hearing of a petition for probate of Will is sufficient notice respecting all instruments which are offered for probate in the petition for which the notice of hearing is given. If any other instruments, e.g., alleged Wills or codicils not mentioned in the petition, are presented to the court by way of an amended petition, a second petition, or otherwise, a new notice thereon must be given setting a date of hearing not earlier than the date set in the original notice.

CRITICAL

Deadline

15 calendar days

Notice must be served at least fifteen calendar days before the hearing, in all cases, for motions to set aside conviction (Penal Code section 1203.4) and bail bond motions.

(1) Fifteen Calendar Days (all cases): (a) Motion to set aside conviction; Penal Code section 1203.4. (b) Bail bond motions.

CRITICAL

Applies to

Ex parte application

The moving party must serve opposing/interested parties with the ex parte application, which may be served personally, by fax, by electronic means if permitted, or by overnight mail or other overnight carrier.

Serve the opposing/interested party(ies) with a copy of the ex parte application. The application may be served personally, by fax, by electronic means if permitted, or by overnight mail or other overnight carrier.

CRITICAL

Applies to

Order on motion to withdraw

Counsel is not relieved until the signed order is served on the client and all parties and proof of service is filed.

Counsel is not relieved as attorney of record until the court’s signed order has been served on the client and all parties, and proof of service of such order has been filed with the court.

CRITICAL

Applies to

Motion to withdraw

Client and all appearing parties must receive 20 days' notice of a motion to withdraw, except for motions filed under subdivision (D).

Except for motions filed as provided in subdivision (D) of this rule, the client and all other parties who have appeared in the case shall be provided 20 days’ notice of the motion to withdraw.

CRITICAL

Service

Mail

Petitioner must mail a copy of the petition and all supporting documents at least 15 days before the hearing to all persons entitled to notice under Probate Code §8110 and those affected by deletions/interlineations.

In addition to mailing a Notice of Petition to Administer the Estate, the petitioner shall cause notice by mail of a copy of the petition and all supporting documents at least 15 days prior to the hearing to all persons requiring notice pursuant to Probate Code section 8110 and to all persons affected by the deletions and/or interlineations.

CRITICAL

Applies to

Notice of settlement

Plaintiff must immediately serve written notice of settlement on the ADR provider and the Arbitration/Mediation Clerk.

If a case that has been scheduled for judicial arbitration or court mediation settles, plaintiff must immediately serve a copy of written notice of the settlement or other disposition on the ADR provider involved in the case and the Arbitration/Mediation Clerk.

CRITICAL

The moving party must serve the ex parte application on the opposing party by personal service, fax, electronic means if permitted, or overnight mail/carrier, no later than 10:00 a.m. the court day before the matter is to be considered.

Serve the opposing/responding party with a copy of the ex parte application. The application may be served personally, by fax, by electronic means if permitted, or by overnight mail or other overnight carrier. Complete (a) above no later than 10:00 a.m. the court day before the moving party wants the matter to be considered by the court, as stated in California Rule of Court, rule 5.165.

CRITICAL

Plaintiff's counsel must serve the Notice of Time and Date of Trial and Mandatory Settlement Conference on all parties.

Plaintiff's counsel will serve on all parties and file a Notice of Time and Date of Trial and Mandatory Settlement Conference.

CRITICAL

The arbitrator must serve the award on each party and file proof of service.

Within 10 days after the conclusion of the arbitration hearing, the arbitrator shall file his or her award with the clerk, with proof of service on each party to the arbitration.

CRITICAL

At least two days before the scheduled hearing, parties must advise all other parties and tribal representatives of the order being requested.

Not later than two days prior to the scheduled hearing, advise all parties and tribal representatives of the order requested, to allow opposing sides time to prepare and respond.

CRITICAL

Applies to

Statement of issues and contentions

Each party must serve the Statement of Issues and Contentions on all other parties at least 20 days before the Mandatory Settlement Conference.

At least 20 days prior to the date set for Mandatory Settlement Conference, each party shall serve and file a Statement of Issues and Contentions on all other parties to the case.

CRITICAL

Deadline

24 hours

Applicants for ex parte orders must give interested parties at least 24 hours' notice unless exceptional circumstances exist or an exception applies.

An applicant for an ex parte order shall give a minimum of 24 hours' notice to interested parties, absent a showing of exceptional circumstances. 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 or the public to suffer immediate and irreparable physical or emotional harm. Notice may also be excused if, following a good faith attempt, the giving of notice is not possible.

CRITICAL

Applies to

Proof of service

A completed proof of service showing compliance with the notice and service requirements must be submitted to the assigned court department by 8:30 a.m. on the hearing date; failure may result in denial or a later hearing.

The moving party must submit a completed proof of service to the assigned court department by 8:30 a.m. on the scheduled ex parte hearing date showing they have complied with items 1(a), 1(b), and 1(c) above. If the party fails to do this, the court may deny the ex parte request or set a later hearing to ensure that the opposing/interested party(ies) have been properly notified and served.

CRITICAL

Applies to

Settlement conference statement

Each party must submit the original Settlement Conference Statement to the settlement conference clerk and serve a copy on all other parties before the settlement conference, within the time required by the California Rules of Court.

Prior to the scheduled settlement conference, and within the time required by California Rules of Court, each party shall insure that the original Settlement Conference Statement is submitted to the clerk in the department where the settlement conference is scheduled and a copy is served on all other parties.

CRITICAL

All living persons named in the petition must be given notice of the petition for letters of administration or letters testamentary.

All living persons named shall be given notice of the petition for letters of administration or letters testamentary.

CRITICAL

Deadline

10 calendar days

Notice of a motion for new trial must be served at least ten calendar days before the hearing in all cases.

(3) Ten Calendar Days (all cases): (a) Motion for new trial.

CRITICAL

Applies to

Opposition

Opposition and reply papers must be served on opposing counsel by a method ensuring receipt no later than one court day after filing.

All opposition and reply papers shall be served upon opposing counsel by personal delivery, telecopy, express mail, or other means designed to ensure that the opposition and reply papers are received by opposing counsel no later than one court day after filing.

CRITICAL

Before filing, the applicant must serve the rehearing application and accompanying documents on all attorneys and parties (including unrepresented de facto parents) and attach a proof of service, or the filing will be rejected.

Prior to filing the application, the applicant shall serve a copy of the application and any accompanying documents on all attorneys and any party including a de facto parent who is acting without an attorney. The court will not accept for filing an application that does not have a proof of service of the application attached.

CRITICAL

If an Election Writ petition is filed on Monday for a Friday hearing, the petitioner must serve the summons and hearing notice on the respondent and real parties in interest by close of business that Monday.

(For example, if a petition is filed on Monday, the earliest the Court will hear the merits of the petition is on Friday, and such a hearing will occur only if the petitioner provides proper service of summons as well as notice of the hearing to the respondent and any real party in interest by close of business on Monday.)

CRITICAL

Proofs of service for orders of examination must be filed in the Order of Examination Department on the hearing date, or the court may refuse to issue a bench warrant.

When service is completed, proofs of such service must be filed in the Order of Examination Department on the date of the hearing. If such proof is not filed in accordance with this rule, the court may refuse to issue a bench warrant for nonappearance of the judgment debtor or third party.

CRITICAL

DCFAS must immediately notify the court, counsel, and parties of the results of a minor's psychiatric evaluation and whether the minor was certified for an additional 14 days of treatment, no later than close of business the day after receipt of the evaluation.

Upon completion of the initial evaluation, DCFAS shall notify the court, counsel, and parties of the results of the evaluation and whether or not the minor was certified for an additional 14 days of treatment pursuant to Welfare and Institutions Code section 5250. Such notice shall be provided immediately, and in any event no later than the close of business the day following DCFAS’s receipt of notice of the minor’s evaluation.

CRITICAL

Service

Mail

When combined extraordinary commissions and attorney's fees exceed $1,000, heirs or residuary devisees must be given notice of the amounts requested, by mailing a copy of the petition or including the amounts in the caption.

In every case where the combined extraordinary commissions and extraordinary attorney's fees exceed $1,000, the heirs or residuary devisees shall be given notice of the amounts requested. Notice may be given by mailing a copy of the petition or by including the amounts requested in the caption of the petition.

CRITICAL

Applies to

Notice

The moving party must notify opposing/interested parties or their attorneys of the availability and response-deadline requirements; notice may be given personally, by phone, in writing, by voicemail, or electronically if permitted.

Notify the opposing/interested party(ies) or their attorney that (i) they must be reachable between 8:30 a.m. and noon on the requested ex parte hearing date if the court determines that an appearance is required; and (ii) they must submit their response or objection by using the court drop box or through the electronic filing program by 8:30 a.m. on the requested ex parte hearing date with a copy to the moving party. Notice may be given personally, by telephone, in writing, by voicemail, or by electronic means if permitted.

CRITICAL

Applies to

Notice

The petitioner must serve the Notice of Family Centered Case Resolution Status Conference on the respondent at the same time as the petition and summons, and file proof of service.

The Petitioner shall serve the Notice of Family Centered Case Resolution Status Conference on the Respondent at the same time as the petition and summons and file proof of service according to statute.

CRITICAL

Applies to

Settlement conference statement

Each party must ensure the clerk of the Supervising Settlement Judge and every other party receive an original and one copy of the Settlement Conference Statement at least 10 days before the settlement conference.

Not less than 10 days prior to the scheduled settlement conference, each party shall ensure that an original and one copy of the Settlement Conference Statement is received by the clerk of the Supervising Settlement Judge and received by every other party.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must be served on the parties at least two judicial days before the JDSC date.

The pre-trial statement shall be filed with the court and served upon the parties at least two judicial days prior to the date set for the JDSC.

CRITICAL

Service

Mail

General powers or IAEA authority may be granted to a special administrator only at a hearing with mail notice as provided in Probate Code §8545.

Neither general powers nor IAEA authority can be given to a special administrator, except at a hearing for which notice has been mailed and published as provided in Probate Code section 8545.

CRITICAL

Applies to

Notice of administration

Service

Mail

When Notice of Administration is mailed to creditors, the original notice and proof of service must be filed with the court.

If Notice of Administration of Estate is mailed to creditors, the original notice and proof of service shall be filed with the court.

CRITICAL

After an ex parte order issues, the applicant must provide an endorsed filed copy of the application and order to all parties and their counsel.

If an order issues after an ex parte application, then the applicant shall provide an endorsed filed copy of the ex parte application and order to all parties and their counsel.

CRITICAL

A response to a rehearing application must be served on all attorneys and self-represented litigants, including de facto parents, and must attach proof of service.

The response must be served on all attorneys and any self-represented litigant including a de facto parent who is acting without an attorney. The court will not accept for filing a response that does not have a proof of service of the response attached.

CRITICAL

DCFAS must immediately notify the court, counsel, and parties if a minor is certified for an additional 30 days of psychiatric treatment, no later than close of business the day after DCFAS receives notice.

DCFAS shall immediately notify the court, counsel, and parties if the minor is certified for an additional 30 days of treatment pursuant to Welfare and Institutions Code section 5270.15. Such notice shall be provided immediately, and in any event, no later than the close of business the day following DCFAS’s receipt of

CRITICAL

The moving party must notify the opposing party that they must be reachable between 8:30 a.m. and noon on the hearing date and that opposition is due by 8:30 a.m.; notice may be given by phone, writing, voicemail, or electronic means if permitted.

Notify the opposing/responding party or their attorney that (i) they must be reachable between 8:30 a.m. and noon on the requested ex parte hearing date if the court determines that an appearance is required; and (ii) they must submit their opposition to the assigned court department by 8:30 a.m. on the requested ex parte hearing date if they wish to file an opposition. Notice may be given personally, by telephone, in writing, by voicemail, or by electronic means if permitted.

CRITICAL

The CASA program must provide copies of its report to all counsel, tribal representatives, self-represented litigants, and de facto parents at least two days before the hearing.

The CASA program shall also provide a copy of the report to all counsel, tribal representatives, self- represented litigants, and any de facto parent at least two days before the hearing.

CRITICAL

Deadline

24 hours

Applies to

Opposition

Opposition and reply papers must be served using methods ensuring receipt within 24 hours of filing, and the motion will not be heard unless they were served on all parties within the time limits.

All opposition and reply papers shall be served upon opposing counsel by personal delivery, telecopy, express mail, federal express, or other means designed to ensure that the opposition and reply papers are received by opposing counsel within 24 hours of filing. The motion shall not be heard unless the above-mentioned documents have been served on all parties to the proceeding within the time limits specified.

WARNING

If parties cannot agree on dates, the court selects the trial and settlement conference dates and serves notice on the parties.

If the parties cannot agree or fail to select dates within the time specified in paragraph (A) of this rule, the court will select a trial date and a mandatory settlement conference date and serve notice on the parties.

WARNING

Notice of hearing on a deceased conservatee's final account must be given to the personal representative or trustee, or to heirs and devisees if none exists.

If the conservatee is deceased, notice of hearing shall be given to the personal representative or trustee of conservatee’s Living Trust. If the conservator is also the personal representative of the deceased conservatee's estate or there is no personal representative, notice shall be given to the deceased conservatee's heirs and devisees.

WARNING

Applies to

Mediation program statement

Each party must lodge the Mediation Program Statement with the mediator and serve all other parties at least 10 days before the scheduled mediation.

Not less than 10 days prior to a scheduled mediation, each party shall lodge an original and one copy of the Mediation Program Statement with the mediator and serve all other parties.

WARNING

All ex parte documents must be served and filed as required by California Rules of Court rules 3.1203, 3.1205, and 3.1206.

All documents shall be served and filed as required by California Rules of Court, rules 3.1203, 3.1205, and 3.1206.

WARNING

Upon filing a written objection, the objecting party must serve all parties with the objections and blank ADR forms PR/E-LP-002 and PR/E-LP-001.

Upon filing a written objection, the objecting party shall serve on all parties a copy of the objections along with blank copies of Alternative Dispute Resolution Certification and Selection (local form PR/E-LP-002) and Stipulation to Alternative Dispute Resolution (local form PR/E-LP-001).

WARNING

The Counter Memorandum to Set must be served on all other parties.

Within 10 days of service of the Memorandum to Set, any party may object to the trial setting by filing a Counter Memorandum to Set (Family Law) (local form FL/E-LP-605) via the drop box and serving the same on all other parties.

WARNING

Applies to

Response

Copies of the response must be served on all parties, with proof of service required.

copies of the response shall be served on all parties. A proof of service evidencing service of the response on all parties is required.

WARNING

Deadline

5 calendar days

Service

Mail to all parties

Service is deemed effective on actual receipt of notice; if notice is mailed via U.S. mail, service is deemed effective five calendar days after posting.

A party shall not be deemed to have been served until that party receives actual notice of the motion; or if the notice of motion is mailed through the U.S. mail, a party shall be deemed to have been served five calendar days after the posting of the notice of motion.

WARNING

Applies to

Notice of motion

When the fee motion raises financial inability to pay, the Notice of Motion must be served on the County of Sacramento through County Counsel at the specified address.

If the Motion raises issues that the party is financially unable to pay all or a portion of the costs of counsel as fixed by the court, the Notice of Motion shall be served on the County of Sacramento by serving the County Counsel at 3331 Power Inn Road, Suite 350, Sacramento, CA 95826.

WARNING

Applies to

Adr information package

Plaintiffs and cross-complainants must serve the ADR information package on each defendant or cross-defendant when serving the complaint or cross-complaint.

Plaintiffs and cross-complainants shall serve a copy of the Sacramento County Superior Court ADR information package on each defendant or cross-defendant at the time the complaint or cross-complaint are served as required by California Rules of Court, rule 3.221.

WARNING

Counsel must serve a copy of the JC-E 331 order on the incarcerated witness and the institution.

Counself for the requesting party shall serve a copy of the JC-E 331 on the incarcerated witness and institution.

WARNING

DCFAS must attach signed forms JV-450 and JV-451 to the Notice of Hearing served on the incarcerated parent and institution.

DCFAS will attach a copy of the signed form JV-450 and form JV-451 to the Notice of Hearing served on the incarcerated parent and institution.

WARNING

Applies to

Notice of final ruling

The plaintiff must serve all parties with written notice of all final rulings of the court.

The plaintiff shall serve all parties with written notice of all final rulings of the court.

WARNING

Applies to

Request to excuse attendance

A request to excuse attendance must be served contemporaneously on all parties.

A request to the court to excuse attendance of any person whose attendance is required by these rules shall be made to the Supervising Settlement Judge not less than seven court days before the date set for the settlement conference with a copy contemporaneously served on all parties.

WARNING

The order after hearing must be served within five days of receiving the court-signed order.

Such order shall be served within five days of receipt of the order signed by the court.

WARNING

Applies to

Complaint

Copies of the complaint must be served on all parties, with proof of service required.

copies of the complaint shall be served on all parties. A proof of service evidencing service of the complaint on all parties is required.

WARNING

Applies to

Court ruling

The moving party must serve the court's ruling on the Petition on all other parties within 5 calendar days of receipt.

Once the court rules on the Petition, the moving party must serve it on all other parties within 5 calendar days of receipt.

WARNINGCivil cases

Plaintiff(s) must diligently locate and serve each defendant so that all parties have appeared within the time allowed by law before the first case management conference.

Plaintiff(s) shall diligently locate and serve each defendant. It is the Court's intention, by this order, that all parties shall be served in sufficient time to have made an appearance within the time allowed under law prior to attending the first CMC.

WARNING

Applies to

Program case notice

In all CMP cases, a Program Case Notice must be served with the summons and complaint.

In all program cases, the Clerk of the Court shall make available a Program Case Notice. A copy of the Notice shall be served with the summons and complaint.

WARNING

Applies to

Complaint

A complaint about a child custody evaluator must be served on all parties with proof of service.

A party to the action may present a complaint about the performance of a child custody evaluator to the Supervising Judge. Said complaint shall be in writing and copies of the complaint shall be served on all parties. A proof of service evidencing service of the complaint on all parties is required.

WARNING

A declaration of proof of service of the Notice of Appeal on the Labor Commissioner must be filed.

(3) A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner.

WARNING

Applies to

Case management statement

Any Case Management Statement or other document filed with the court must be served on all parties or their counsel of record unless the court directs otherwise.

Any Case Management Statement or other document filed with the court shall be served on all parties or their counsel of record unless otherwise directed by the court.

WARNING

A party requesting a hearing on a tentative ruling must notify the opposing side and advise the clerk that it has done so.

Further, the party must advise the clerk that such party has notified the other side of its intention to appear.

WARNING

Notice of hearings on special needs trust account approvals must be given to specified state department directors.

Special Needs Trusts require notice of the hearing on a petition for approval of an account of a special needs trust established pursuant to Probate Code section 3604 shall be provided to the Directors of the Department of State Health Services, Department of Developmental Services, and the Department of State Hospitals at the Sacramento office on a petition for approval of an account of a special needs trust established pursuant to Probate Code section 3604.

WARNING

Applies to

Notice

The Petitioner must serve the Amended Notice of Family Centered Case Resolution Conference and file proof of service.

the Petitioner shall serve the Amended Notice of Family Centered Case Resolution Conference and file proof of service.

WARNING

Applies to

Response

A response to a child custody evaluator complaint must be presented to the Supervising Judge within 7 days of service, served on all parties, with proof of service.

A response to the complaint, if any, shall be presented to the Supervising Judge within seven days of service of the complaint. Said response shall be in writing and copies of the response shall be served on all parties. A proof of service evidencing service of the response on all parties is required.

WARNING

Applies to

Request for exemption from mandatory electronic filing

An attorney requesting an e-filing exemption must serve the Request for Exemption on all parties.

An attorney requesting an exemption shall file with the clerk’s office and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (JCC form EFS-007) with a Proposed Order (JCC form EFS-008).

WARNINGCriminal cases

Service

Mail

The Department of Revenue Recovery serves notice of FTPF calendar hearings by mail to the probationer's last known address, which probationers must provide to the court.

Notice of the court hearing shall be mailed to the probationer’s last known address, which all probationers are required to provide to the court as a condition of probation.

INFO

Ex parte responses may be served by personal service, fax, electronic means (if permitted), or overnight mail or other overnight carrier, with proof of service to the moving party.

Service may be by personal, by fax, by electronic means if permitted, or by overnight mail or other overnight carrier.

INFO

Notices of Entry must be sent directly to the litigant even when a non-attorney document preparer presents them for filing.

Notices of Entry shall be sent directly to the litigant, even when presented for filing by a non-attorney court document preparer.

INFO

Service

Personal service

The court clerk must personally serve counsel with a copy of the media request in the courtroom before the hearing.

The court clerk shall serve on counsel a copy of the request by personal delivery in the courtroom prior to the court hearing.

INFO

A demand to produce a signed copy of an electronically filed document must be served on all other parties but need not be filed with the court.

The demand shall be served on all other parties, but need not be filed with the court.

INFOCivil cases

Service

Mail to all parties

Before destroying trial court exhibits or depositions, the clerk must provide written notice to the parties by first-class mail of intent to dispose of the exhibits.

after the clerk provides written notice to the parties by first-class mail of intent to dispose of exhibits.

CRITICAL

An opposing party wishing to submit a written response must submit it to the drop-box by 8:30 a.m. on the hearing date with proof of service to the moving party; service may be by personal service, fax, electronic means if permitted, or overnight mail/carrier.

If the opposing/responding party wants to submit a written response for the court to consider, they must submit it to the drop-box by 8:30 a.m. on the scheduled ex parte hearing date, with proof of service to the moving party. Service may be by personal service, by fax, by electronic means if permitted, or by overnight mail or other overnight carrier.