Yuba Superior Court Service and Proof of Service Rules

CRITICAL

Warrants, including arrest warrants, may not be served in a courtroom.

Service of any type of warrant, including an arrest warrant, is not permitted in the courtroom, as such conduct interferes with the administration of the pending cases.

CRITICALProposed or draft document; may not be in force

Service on a second-degree relative at the county seat whose whereabouts are alleged to be unknown is sufficient only if a declaration shows reasonable efforts to locate the relative.

If there are relatives within the second degree whose whereabouts are alleged to be unknown, service upon any such relative at the county seat will be sufficient ONLY if a declaration is filed showing that reasonable efforts were made to locate such relatives.

CRITICALProposed or draft document; may not be in force

Service

Mail

Copies of an evaluator’s written withdrawal request must be mailed to counsel or, if a party is unrepresented, to that party.

Evaluators may petition to withdraw from a case by submitting a request in writing to the court and mailing copies to counsel for the parties, or to the parties if they are unrepresented.

CRITICALProposed or draft document; may not be in force

Deadline

48 hours

Witness lists must be provided to all counsel at least 48 hours before the hearing.

Witness lists shall be filed with the court and provided to all counsel at least 48 hours prior to the hearing.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

The Investigator must receive a subpoena at least five court days before the hearing or trial unless good cause is shown.

The Investigator must receive a subpoena at least five (5) court days prior to the hearing or trial, unless good cause is shown.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Both parties must serve the required contested-trial materials at least five court days before the trial or long-cause date.

Where a matter is set for contested trial/hearing, either short or long cause, both parties shall file and serve at least five (5) court days prior to the trial/long cause date, the following:

CRITICAL

For a subpoena commanding the specified production or inspection before trial, serve notice and a copy on each party before serving the subpoena’s target.

If this subpoena commands the production of documents, electronically stored information, or tangible things of the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

CRITICALProposed or draft document; may not be in force

Service

Mail to all parties

The petitioner’s attorney, or the petitioner if self-represented, is responsible for mailing all required notices.

The attorney for the petitioner (or the petitioner if in propria persona) shall be responsible for the mailing of all required notices.

CRITICALProposed or draft document; may not be in force

An attorney who files and serves an exemption request must receive paper service until the Court rules on the request.

An attorney who files and serves a Request for Exemption from Mandatory Electronic Filing and Service shall be served with documents in paper form until the Court rules on the Request for Exemption.

CRITICAL

Self-represented parties, non-parties, and attorneys excused from electronic filing must receive conventional service.

Self‐represented parties, non‐parties, and attorneys excused from electronic filing must be served conventionally.

CRITICALProposed or draft document; may not be in force

For same-day mediations requested on the day of a court appearance, any resulting Child Custody Recommendation report must be provided to the Court, counsel, and litigants before the hearing begins.

For “Same Day Mediations,” where the parties have requested mediation on the same day as any court appearance, any resulting Child Custody Recommendation report generated by the Counselor shall be provided to the Court, counsel and the litigants, prior to the commencement of the hearing.

CRITICALProposed or draft document; may not be in force

For a law and motion continuance by oral agreement, the requesting party must file written notice with proof of service on opposing counsel or party before the hearing date and time.

b. By oral agreement of the parties, provided the requesting party files with the Court, prior to the date and time set for the hearing, written notification with proof of service to opposing party/counsel.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of manual filing

A party manually filing an excepted document or exhibit must serve the Notice of Manual Filing.

A party manually filing such a document or exhibit shall file electronically and serve a Notice of Manual Filing specifically describing the document or exhibit, and setting forth the reason the document or exhibit cannot be filed electronically.

CRITICALProposed or draft document; may not be in force

If a stepparent or grandparent visitation petition is filed in a dissolution proceeding, summons on joinder must be served.

Pursuant to CRC, rule 5.24, a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding.

CRITICALProposed or draft document; may not be in force

If removal or a stay remains in force 30 days before the follow-up case management conference, plaintiff’s counsel must notify the Court and all other counsel in writing, and the conference will be continued six months.

If the removal or stay is still in force thirty (30) days prior to the date set for the follow-up case management conference, counsel for plaintiff will so notify the Court and all other counsel in writing, and the follow-up case management conference will be continued by the Case Management Conference Clerk for an addi- tional six (6) months.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of ex parte hearing

Proof of service of notice of an ex parte hearing must be filed at the family law clerk’s window by noon on the hearing date.

Any proof of service of the notice of the ex-parte hearing shall be filed no later than 12 noon on the date of the ex parte hearing at the family law clerk’s window.

CRITICALProposed or draft document; may not be in force

Service

Mail

In conservatorship matters, the petitioner’s attorney or self-represented petitioner must mail required notices; the petition must allege if there are no relatives within the second degree; each person requires a separate proceeding; and service at the county seat on a relative alleged to be missing is sufficient only with a declaration of reasonable efforts to locate the relative.

The attorney for the petitioner (or the petitioner if in propria persona) shall be responsible for the mailing of all required notices. If there are no relatives within the second degree, the peti- tion shall so allege. There shall be a separate proceeding for each person for whom the ap- pointment of a conservator is sought. If there are relatives within the second degree whose whereabouts are alleged to be unknown, service upon any such relative at the county seat will be sufficient ONLY if a declaration is filed showing that reasonable efforts were made to locate such relatives.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

To appear telephonically, counsel or parties must serve the request on all other counsel and parties and deliver it to CourtCall by fax or mail at least five court days before the hearing.

Counsel or parties may make a telephonic appearance by serving on all other counsel and parties, and delivering (via fax or mail) to CourtCall LLC not less than five (5) court days prior to the hearing date, a Request for Telephonic Calendar Appearance.

CRITICALProposed or draft document; may not be in force

When a Law and Motion continuance is based on oral agreement, the requesting party must file written notice with proof of service before the hearing date and time.

By oral agreement of the parties, provided the requesting party files with the Court, prior to the date and time set for the hearing, written notification with proof of service to opposing party/counsel.

CRITICALProposed or draft document; may not be in force

Deadline

1 court days

One court day’s notice is required for a remote appearance.

One court day notice shall be given.

CRITICALProposed or draft document; may not be in force

Partial investigation reports must be provided to the parties at the time designated by the Court.

Partial investigation reports shall be provided to the parties at the time designated by the Court.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of change of address

A party must serve a Notice of Change of Address on all other parties or their attorneys of record when the party’s electronic notification address changes.

A party whose electronic notification address changes while the action or proceeding is pending must promptly file a Notice of Change of Address with the court electronically and must serve this notice on all other parties or their attorneys of record.

CRITICAL

An attorney who files and serves an exemption request must receive paper service until the Court rules on the request.

An attorney who files and serves a Request for Exemption from Mandatory Electronic Filing and Service shall be served with documents in paper form until the Court rules on the Request for Exemption.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of manual filing

A party manually filing a qualifying document or exhibit must serve a Notice of Manual Filing.

A party manually filing such a document or exhibit shall file electronically and serve a Notice of Manual Filing specifically describing the document or exhibit, and setting forth the reason the document or exhibit cannot be filed electronically.

CRITICALProposed or draft document; may not be in force

Service

Mail to all parties

An evaluator seeking to withdraw must mail copies of the written request to counsel for the parties or, if they are unrepresented, to the parties.

Evaluators may petition to withdraw from a case by submitting a request in writing to the court and mailing copies to counsel for the parties, or to the parties if they are unrepresented.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

For a contested trial or hearing, both parties must serve the issues statement, contentions, and proposed disposition at least five court days before the trial or long-cause date.

Where a matter is set for contested trial/hearing, either short or long cause, both parties shall file and serve at least five (5) court days prior to the trial/long cause date, the following: a. A statement of the issues (disputed and undisputed), contentions, and proposed dis- position of the case.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

The written conference statement must be served five court days before the conference.

Serve and file five (5) court days before the conference, a written statement of the facts, law and respective contentions of the parties.

CRITICALProposed or draft document; may not be in force

Applies to

Declaration

A declaration giving notice may be filed and served on all parties.

Notice may be given by the filing and service on all parties of a declaration.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

The evaluator must receive a subpoena at least five court days before the hearing or trial unless good cause is shown.

The Evaluator must receive a subpoena at least five (5) court days prior to the hearing or trial, unless good cause is shown.

CRITICALProposed or draft document; may not be in force

Deadline

2 court days

Applies to

Responsive papers

Responsive papers must be served two court days before the hearing.

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

CRITICALProposed or draft document; may not be in force

Before providing case documents or unsolicited comments to the evaluator, counsel must provide copies to the other side and minor’s counsel at least 72 hours in advance, with an additional five days for mailing.

An attorney for a party or minor’s counsel must not provide the evaluator with documents or unsolicited comments pertaining to the case, without first provid- ing the other side and minor’s counsel, if any, with a copy of those documents at least 72 hours in advance, plus an additional five (5) days for mailing so that any objections to submission may be addressed.

CRITICALProposed or draft document; may not be in force

Self-represented parties, non-parties, and attorneys excused from electronic filing must receive conventional service.

Self-represented parties, non-parties, and attorneys excused from electronic filing must be served conventionally.

CRITICALProposed or draft document; may not be in force

Service

Mail to all parties

The petitioner’s attorney, or the petitioner if self-represented, is responsible for mailing all required notices.

The attorney for the petitioner (or the petitioner if in propria persona) shall be responsible for the mailing of all required notices.

CRITICALProposed or draft document; may not be in force

If a stepparent or grandparent visitation petition is filed in a dissolution proceeding, summons on joinder must be served.

Pursuant to CRC, rule 5.24, a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

The conference statement must be served five court days before the conference.

1. Serve and file five (5) court days before the conference, a written statement of the facts, law and respective contentions of the parties.

CRITICALProposed or draft document; may not be in force

Applies to

Proof of service

Proof of service of the ex parte hearing notice must be filed at the family law clerk’s window by noon on the hearing date.

Any proof of service of the notice of the ex-parte hearing shall be filed no later than 12 noon on the date of the ex parte hearing at the family law clerk’s window.

CRITICALProposed or draft document; may not be in force

Attorneys awaiting a ruling on an exemption request receive paper service, and self-represented parties, non-parties, and excused attorneys must be served conventionally.

An attorney who files and serves a Request for Exemption from Mandatory Electronic Filing and Service shall be served with documents in paper form until the Court rules on the Request for Exemption. Self-represented parties, non-parties, and attorneys excused from electronic filing must be served conventionally.

CRITICAL

Unless delayed notice is authorized, copies of the warrant and a receipt for seized property must be given to the affected person or left at the place of the seizure.

Unless delayed notice is authorized below, you must give copies of the warrant and a receipt for the property taken to the person from whom, or to whom premises, the property was taken or leave the copy and receipt at the place where the property was taken.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of change of address

A party must serve a Notice of Change of Address on all other parties or their attorneys of record when its electronic notification address changes.

A party whose electronic notification address changes while the action or proceeding is pending must promptly file a Notice of Change of Address with the court electronically and must serve this notice on all other parties or their attorneys of record.

CRITICALProposed or draft document; may not be in force

Deadline

10 calendar days

Each party must provide all counsel the names of its experts and copies of their reports at least ten calendar days before the hearing.

The names of experts to be called by any party and copies of their reports shall be provided to all counsel at least ten (10) calendar days before the hearing.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

The Investigator must receive a subpoena at least five court days before the hearing or trial unless good cause is shown.

The Investigator must receive a subpoena at least five (5) court days prior to the hearing or trial, unless good cause is shown.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Applies to

Discovery motion

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

A discovery motion under this Rule shall be filed and served on all parties at least five (5) court days before the hearing.

CRITICALProposed or draft document; may not be in force

Applies to

Summons on joinder

If the petition is filed in a dissolution proceeding, a summons on joinder must be served.

Pursuant to CRC, rule 5.24, a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding.

CRITICALProposed or draft document; may not be in force

Applies to

Notice

A notice filed by someone other than the child’s attorney must be served on the child’s attorney; if the child is unrepresented, the notice must say so.

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.

CRITICALProposed or draft document; may not be in force

Applies to

Summons on joinder

If the petition is filed in a dissolution proceeding, a summons on joinder must be served.

Pursuant to CRC, rule 5.24, a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding.

WARNINGProposed or draft document; may not be in force

Deadline

5 court days

A Counselor may be subpoenaed to testify after five court days’ notice to the Counselor and Family Court Services, unless good cause supports shorter notice.

However, the Counselor may be subpoenaed to testify in Court subject to compliance with Gov. Code §68097.1, et seq. and upon five (5) court days’ notice to the Counselor and Family Court Services unless good cause is shown to shorten notice.

WARNINGProposed or draft document; may not be in force

Whenever practicable, moving papers should be served on the affected party or counsel before the hearing by personal delivery, fax, express mail, or a similar means.

Therefore, whenever practicable, moving papers should be served on the affected party or that party’s attorney by personal delivery, fax, express mail, or similar means before the hearing.

WARNING

Serving a warrant in a public courthouse area in a manner tending to interrupt judicial proceedings may constitute contempt.

Service of any type of warrant in public areas of the courthouse in a manner that tends to interrupt the due course of a trial or other judicial proceedings may constitute contempt, pursuant to Code of Civil Procedure section 1209.

WARNINGProposed or draft document; may not be in force

Deadline

5 court days

Applies to

Request for telephonic calendar appearance

Counsel or parties may request a telephonic appearance by serving the request on all other counsel and parties and delivering it by fax or mail to CourtCall at least five court days before the hearing.

Counsel or parties may make a telephonic appearance by serving on all other counsel and parties, and delivering (via fax or mail) to CourtCall LLC not less than five (5) court days prior to the hearing date, a Request for Telephonic Calendar Appearance.

WARNINGProposed or draft document; may not be in force

Service

Mail to all parties

The petitioner’s attorney, or the petitioner if self-represented, is responsible for mailing all required notices.

The attorney for the petitioner (or the petitioner if in propria persona) shall be responsible for the mailing of all required notices.

WARNINGProposed or draft document; may not be in force

Whenever practicable, moving papers should be served on the affected party or counsel by personal delivery, fax, express mail, or similar means before the hearing.

Therefore, whenever practicable, moving papers should be served on the affected party or that party’s attorney by personal delivery, fax, express mail, or similar means before the hearing.

WARNINGProposed or draft document; may not be in force

Applies to

Documents submitted during trial

Service

Personal service to court

During trial, a party may serve documents by hand when submitting them to the courtroom clerk.

During trial, a party may submit to the courtroom clerk and serve by hand any documents, as long as the documents are also filed electronically before the close of business no later than the following court day.

WARNING

Applies to

Notice to appear

Court personnel are not required to deliver or facilitate service of a notice to appear.

A notice to appear (see Appendix G): This document is not directed at the Yuba Superior Court. Court personnel are under no obligation to deliver or facilitate service of this document to the person named in the document.

INFOProposed or draft document; may not be in force

Service

Personal service

During trial, a party may serve documents by hand.

During trial, a party may submit to the courtroom clerk and serve by hand any documents, as long as the documents are also filed electronically before the close of business no later than the following court day.