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Court Rules

San Diego Superior Court Service and Proof of Service Rules

11 rules from official source documents

E-service, mail, personal service, proof of service, certificate, and timing requirements.

CRITICALCivil cases

Each party must provide one set of exhibit binders to opposing counsel and have binders available to witnesses, with advance delivery of all exhibits to remote MS Teams witnesses.

Each party must also provide one set of exhibit binders to the other party/counsel and must have binders available to any witnesses at court or at their locations (including those who will be appearing on MS Teams only – they must receive all exhibits in advance of the trial/hearing).

Judge Leah M. Boucek

CRITICALCivil cases

All exhibits, demonstrative aids, or other material for opening statements must be shared with opposing counsel in advance.

All exhibits, demonstrative aids, or other material to be used in opening statements must be shared with opposing counsel in advance.

Judge Michael T. Smyth

CRITICALCivil cases

Ex parte applications and written oppositions must be served on all other appearing parties at the first reasonable opportunity; absent exceptional circumstances, no hearing occurs without such service.

Parties appearing ex parte must serve the application, or any written opposition, on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing shall be conducted unless such service has been made.

Judge Nadia J. Keilani

CRITICAL

Applies to
Exhibits
Service
Electronic service to all parties

Each party must serve all exhibits on every other party, either electronically or in hardcopy, at least five days before the trial or evidentiary hearing.

The use of the portal is not a substitute for service. Each party is still responsible for serving all their exhibits on every other party, either electronically (if agreed to) or in hardcopy, at least five (5) days before the commencement of the trial/evidentiary hearing.

Judge Pamela M. Parker

WARNINGCivil cases

Service
Publication

Affidavits for service by publication will be scrutinized for reasonable diligence in attempting service by another manner, per CCP § 415.50(a).

Affidavits will be scrutinized to determine whether the applicant has been reasonably diligent in attempting service in another manner, as required by Code of Civil Procedure (CCP) § 415.50(a).

Judge Judy S. Bae

WARNINGCivil cases

If the parties are unable to agree on a date, the IDC should be scheduled with at least five (5) days' notice to the opposing party.

If the parties are unable to agree on a date, the IDC should be scheduled with at least five (5) days' notice to the opposing party.

Judge Judy S. Bae

WARNINGCivil cases

All exhibits, demonstrative aids, and other material for opening statements must be shared with opposing counsel in advance.

All exhibits, demonstrative aids, or other material to be used in opening statements must be shared with opposing counsel in advance.

Judge Loren G. Freestone

WARNINGCivil cases

Service
Publication

Applications for orders to serve by publication may be submitted without an appearance; supporting affidavits are scrutinized for compliance with CCP 415.50(a).

Applications requesting an order to serve by publication may be submitted for review without an appearance. Affidavits will be scrutinized to determine whether the applicant is in compliance with Code of Civil Procedure section 415.50, subdivision (a).

Judge Mark T. Cumba

WARNINGCivil cases

Exhibits and demonstrative aids used in opening statements must be shared with opposing counsel in advance.

All exhibits, demonstrative aids, or other material to be used in opening statements must be shared with opposing counsel in advance.

Judge Mark T. Cumba

WARNING

Each party is responsible for properly and timely serving non-party witnesses with subpoenas; the Court will not do so.

Each party is responsible for ensuring that their non-party witnesses (who are not voluntarily appearing) are properly and timely served with subpoenas, according to law and the Court's rules. The Court does not do this itself.

Judge Pamela M. Parker

INFOCivil cases

Service
Publication

Applications for an order to serve by publication may be submitted for review without an appearance.

Applications requesting an order to serve by publication may be submitted for review without an appearance.

Judge Judy S. Bae
Common questions about San Diego Superior Court service and proof of service rules

What rule applies to serving the opposing party in San Diego Superior Court?

Judge Leah M. Boucek: Details: recipient: the opposing party. Each party must provide one set of exhibit binders to opposing counsel and have binders available to witnesses, with advance delivery of all exhibits to remote MS Teams witnesses.

View ruleOfficial source Source: page 5, section Exhibits

Judge Michael T. Smyth: Details: recipient: the opposing party. All exhibits, demonstrative aids, or other material for opening statements must be shared with opposing counsel in advance.

View ruleOfficial source Source: page 2, section Trial Call

Judge Mark T. Cumba: Details: recipient: the opposing party. Exhibits and demonstrative aids used in opening statements must be shared with opposing counsel in advance.

View ruleOfficial source Source: page 2, section Trial Calls

2 more rules answer this question.

What rule applies to serving all parties in San Diego Superior Court?

Judge Nadia J. Keilani: Details: recipient: all parties. Ex parte applications and written oppositions must be served on all other appearing parties at the first reasonable opportunity; absent exceptional circumstances, no hearing occurs without such service.

View ruleOfficial source Source: page 1, section Contested and/or Personal Appearance Ex Parte Applications

What rule applies to service for exhibits in San Diego Superior Court?

Judge Pamela M. Parker: Details: method: e-service, recipient: all parties, timing: before hearing. Each party must serve all exhibits on every other party, either electronically or in hardcopy, at least five days before the trial or evidentiary hearing.

View ruleOfficial source Source: page 2, section Exhibits

What rule applies to service by publication in San Diego Superior Court?

Judge Judy S. Bae: Details: method: service by publication. Affidavits for service by publication will be scrutinized for reasonable diligence in attempting service by another manner, per CCP § 415.50(a).

View ruleOfficial source Source: page 2, section Orders to Serve by Publication

Judge Mark T. Cumba: Details: method: service by publication. Applications for orders to serve by publication may be submitted without an appearance; supporting affidavits are scrutinized for compliance with CCP 415.50(a).

View ruleOfficial source Source: page 1, section Orders to Serve by Publication

1 more rule answers this question.

What service or proof of service rules apply in San Diego Superior Court?

Judge Pamela M. Parker: Each party is responsible for properly and timely serving non-party witnesses with subpoenas; the Court will not do so.

View ruleOfficial source Source: page 5, section Witness Testimony