Alameda Superior Court Service and Proof of Service Rules

CRITICALCivil cases

Standard interrogatories to plaintiffs are deemed served when the complaint is filed; answers must be served within 60 days of filing.

All standard interrogatories to plaintiffs will be deemed served on plaintiff when the complaint is filed and answers must be served within 60 days of the filing of the complaint.

CRITICALCivil cases

Applies to

Brief

Service

Personal service

CEQA memoranda must be served personally, by overnight mail, or, if previously agreed, by fax or electronic means.

Petitioner must file directly in the designated CEQA department and serve personally, by overnight mail or, if previously agreed, by fax or electronic means, an opening memorandum of points and authorities in support of the petitioner within 30 days from the date the administrative record is served.

CRITICALCivil cases

Each defendant must file and serve all responsive pleadings within 45 days of service of the complaint.

Within 45 days of service of the complaint, each defendant must file and serve all responsive pleadings.

CRITICAL

Service

Mail

When the proposed adoptee is an adult with developmental disabilities, the prospective adoptive parent must mail or personally serve notice of the hearing and a copy of the petition on the regional center director and any living birth parents or adult children at least 30 days before the hearing, and must file proofs of service before the hearing date.

The prospective adoptive parent(s) will mail or personally serve notice of the hearing and a copy of this petition to the director of the regional center for the developmentally disabled, and to any living birth parents or adult children of the proposed adoptee, at least 30 days before the day of the hearing, and will file proofs of service before the hearing date

CRITICAL

Service

Mail

Mail service may be effected by placing the envelope for collection following ordinary business practices, provided the correspondence is deposited with the U.S. Postal Service the same day with postage fully prepaid.

placed the envelope for collection and mailing on the date and at the place shown below, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U. S. Postal Service in a sealed envelope with postage fully prepaid.

CRITICAL

The request must be served on all parties and attorneys by personal delivery, fax, express mail, or other reasonable means, ensuring delivery by the close of the next court day after filing.

I have filed this request at least 12 court days before the hearing and have served or will serve all parties and attorneys, if any, with this form by personal delivery, fax, express mail, or other reasonable means to ensure delivery by the close of the next court day after filing this form.

CRITICALCivil cases

Plaintiff must serve each named defendant and file proof of service within 45 days of filing the complaint.

Within 45 days of filing the complaint, the plaintiff must serve each named defendant and file proof of service with the court.

CRITICAL

The proof of service must include a declaration under penalty of perjury under the laws of the State of California.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

CRITICALCivil cases

Applies to

Witness list

Service

Personal service to opposing party

Witness lists must be personally served on opposing counsel or a self-represented party three court days before the pretrial conference or trial, and submitted in triplicate to the courtroom clerk.

A list of all witnesses, including both expert and non-expert witnesses, to be called at trial, other than those to be called solely for impeachment or in rebuttal, must be personally served upon opposing counsel, or any self¬- represented party, three court days before the pretrial conference or three court days before trial if a pretrial conference is not scheduled and presented in triplicate to the courtroom clerk at the pretrial conference or on the first day of trial if no pretrial conference is scheduled.

CRITICALCivil cases

Applies to

Notice of assignment

A party serving a Notice of Assignment together with notice of a pending conference or hearing must promptly file proof of service with the court.

Any party serving a Notice of Assignment together with notice of any pending conference or hearing must forthwith file proof of service thereof with the court.

CRITICAL

Notice of the request for temporary emergency orders must be given by 10:00 a.m. the court day before filing, unless exception circumstances apply.

The time I gave notice: (A) By 10:00 a.m. the court day before I filed the request for emergency orders (B) After 10:00 a.m. the court day before I filed the request for emergency orders because of the following exception circumstances (specify):

CRITICAL

Service

Personal service

Service may be made by personal delivery of a copy and all attachments.

I personally delivered a copy and all attachments as follows:

CRITICALCivil cases

Exhibit indices and copies must be exchanged at least three court days before the pretrial conference or, if no pretrial conference is scheduled, three court days before trial.

These indices and copies of the exhibits must be exchanged by counsel, and any self-represented party, at least three court days before the pretrial conference or three court days before trial if a pretrial conference is not scheduled.

CRITICAL

Service

Mail

Mail service requires enclosing a copy in an envelope and depositing the sealed envelope with the U.S. Postal Service with postage fully prepaid.

I enclosed a copy in an envelope and (a) ☐ deposited the sealed envelope with the U. S. Postal Service with the postage fully prepaid.

CRITICALCivil cases

Plaintiff must serve the Notice of Assignment and case management conference notice on each defendant when the defendant is served with the summons and complaint (or as soon as plaintiff receives the notice, whichever is later), and file a proof of service; cross complainants have a similar duty.

The plaintiff must serve the Notice of Assignment or Complex Determination order and the most recent case management conference notice on each named defendant either when that defendant is served with the summons and complaint, or as soon as plaintiff receives the notice, whichever is later and file a proof of service thereof. Whenever a cross complaint is filed, cross complainant must serve the Notice of Assignment or Complex Determination order on all cross defendants who are not already parties with the summons and cross complaint, and must file a proof of service thereof.

CRITICALCivil cases

Cross-complaints must be served and proof of service filed and served on all appeared parties within 45 days of service of the complaint.

Within 45 days of service of the complaint, any cross-complaints must be served and proof of service filed and served upon all parties who have appeared in the action.

CRITICAL

The person serving documents must be at least 18 years of age and not a party to the action.

At the time of service I was at least 18 years of age and not a party to this action.

CRITICALCivil cases

Applies to

Deposition and discovery excerpts

Discovery excerpts used in lieu of live testimony must be submitted to opposing counsel or a self-represented party at least three court days before the pretrial conference or trial.

If depositions, requests for admissions, interrogatory responses, or any other discovery responses, are to be used in lieu of live testimony at trial, the proponent must submit the excerpts to be used to opposing counsel, or any self-represented party, at least three court days before the pretrial conference, or three court days before trial if a pretrial conference is not scheduled.

CRITICALCivil cases

Standard interrogatories to defendants and cross-defendants are deemed served with the complaint or cross-complaint; answers must be served per CCP section 2030 or court order.

All standard interrogatories to defendants and cross-defendants will be deemed served with the complaint or cross-complaint and answers must be served pursuant to the provisions of Code of Civil Procedure section 2030 or order of the court.

CRITICAL

Non-criminal trials and evidentiary hearings are held remotely by default; a party opposing a remote hearing must email the assigned department and all parties/noticees at least five court days before the hearing.

Subject to the exceptions below, all non-criminal trials and evidentiary hearings other than small claims and civil harassment hearings will be conducted remotely unless (i) the court orders otherwise, or (ii) a party makes a showing as to why the trial or hearing should not be conducted remotely by emailing said showing to the assigned department and to all parties and others entitled to notice no later than five court days before the hearing.

CRITICALCivil cases

Plaintiff must serve all named defendants and file proofs of service with the court within 60 days of filing the complaint.

Serve all named defendants and file proofs of service on those defendants with the court within 60 days of the filing of the complaint (Cal. Rules of Court, rule 3.110(b))

CRITICAL

Applies to

Subpoena

Service

Personal service

Subpoenas for a child custody recommending counselor must be hand-delivered to Family Court Services at least ten days before the appearance date and must include the required witness fee.

A subpoena requiring the appearance of a child custody recommending counselor at deposition or trial must be hand delivered to Family Court Services at least ten days before the appearance date with the witness fee required by Government Code section 68097.2.

CRITICAL

Applies to

Notice of hearing

If the ex parte matter is set for hearing, the applicant must notify all parties of the hearing unless the court orders otherwise.

If the matter is set for hearing, the applicant must give notice of such hearing to all parties, unless ordered otherwise by the court.

CRITICALCivil cases

Applies to

Notice of hearing

When a temporary guardianship hearing is deemed necessary, the court sends notice to counsel and petitioner; the attorney or petitioner must serve the notice and file proof of service.

If the court determines that a hearing on the petition for a temporary guardianship is necessary, the court will send notice to the attorney and petitioner. The attorney or the petitioner must serve a copy of the notice on those required to receive notice and file proof of service with the court.

CRITICALCivil cases

Plaintiff must give notice of the case management conference to all other parties and file proof of service.

Give notice of this conference to all other parties and file proof of service.

CRITICAL

The courtroom clerk must send hearing notices to all parties and counsel at least ten court days before the hearing.

The courtroom clerk will send notices of the hearing to all parties and counsel, including the Social Services Agency and County Counsel, at least ten court days prior to the hearing.

CRITICAL

Applies to

Court order

The applicant must serve notice of the court's order on all parties.

The applicant must serve the notice of the court order on all parties.

CRITICALCivil cases

Applies to

Notice

When an ex parte temporary guardianship is granted and the permanent guardianship hearing is more than 30 days away, the attorney or petitioner must serve the notice of reconsideration on the required recipients and file proof of service.

If the request for a temporary guardianship is granted following review of an ex parte application and a hearing on the permanent guardianship is more than 30 days away, a hearing to reconsider the temporary guardianship will be set by the court and notice provided to the attorney or the petitioner. The attorney or the petitioner must serve a copy of the notice on those required to receive notice and file proof of service with the court.

CRITICAL

Petitioner's preliminary declaration of disclosure was served on: and the Declaration of its service filed on: . Respondent's preliminary declaration of disclosure was served on: and the Declaration of its service filed on: .

Petitioner’s preliminary declaration of disclosure was served on: and the Declaration of its service filed on: . Respondent’s preliminary declaration of disclosure was served on: and the Declaration of its service filed on: .

CRITICAL

Service

Personal service

Notice must be served on the child's social worker, attorney, and CASA before filing, by personal service or first-class mail, with proof of service filed.

A copy of the notice must be served on the child's social worker and on the child's attorney and CASA, if any, before the notice is filed with the court. Such service may be effected by personal service, first-class mail, or the equivalent, and shall be indicated on a proof of service filed with the notice.

CRITICALCivil cases

Except as otherwise excluded under Rule 7.120, the moving party on an ex parte application must notify all interested persons and persons who requested special notice about the intended filing of the ex parte application. Notice under these rules must be provided no later than 10:00 a.m. the court day before the date the ex parte application is filed, except as provided in Rule 7.115(4).

Except as otherwise excluded under Rule 7.120, the moving party on an ex parte application must notify all interested persons and persons who requested special notice about the intended filing of the ex parte application. Notice under these rules must be provided no later than 10:00 a.m. the court day before the date the ex parte application is filed, except as provided in Rule 7.115(4).

CRITICALCivil cases

and serve it on the conservatee, any attorney for the conservatee, the Court Investigator’s Office, and any person requesting special notice.

and serve it on the conservatee, any attorney for the conservatee, the Court Investigator’s Office, and any person requesting special notice.

CRITICALCivil cases

For sale of specifically devised property, petitioner must either serve notice of the confirmation hearing on the devisee/legatee or file the devisee/legatee's consent with the court.

On the sale of any property that was specifically devised or bequeathed, the petitioner must either serve notice of the time and place of the hearing on the petition to confirm the sale to the specific devisee or legatee or the consent of the devisee or legatee to such sale must be filed with the court.

CRITICALCivil cases

Applies to

New job notice

The job seeker must send written notice to opposing counsel/party and DCSS within 10 days of starting a new job.

Within 10 days of starting a new job, you must send written notice to the opposing counsel/party and DCSS (if DCSS is a party).

CRITICAL

Service

Mail

A copy of the stipulation must be delivered to the ADR Program Administrator via mail or fax.

A copy of this stipulation has been received by the ADR Program Administrator, 24405 Amador Street, Hayward, CA 94544 or Fax to (510) 267-5727.

CRITICALCivil cases

Service

Electronic service to all parties

Represented parties must serve and accept service electronically unless a court order or law requires another method.

Effective April 1, 2023, represented parties and other represented persons must participate in electronic filing (e-filing) using a court-approved electronic filing service provider (EFSP) and must serve and accept service electronically, except by court order or if other service is required by law.

CRITICAL

Deadline

15 calendar days

Service

Mail

Notice of motion to be relieved as counsel must be served by first class mail to the parent's last known address 15-30 calendar days before the review hearing.

Counsel must notice the motion for the next regularly scheduled review hearing. The notice of motion must be served by first class mail sent to the parent’s last known address, not more than 30 nor less than 15 calendar days prior to such scheduled review hearing.

CRITICALCivil cases

Applies to

Petition for instructions

Service

Mail

A trustee petitioning for permission to exercise a power not conferred by the will must serve the petition by mail on all beneficiaries.

When the trustee seeks instructions to exercise a power not conferred by the will, a copy of the petition must be served by mail on all beneficiaries.

CRITICAL

Applies to

Evaluator documents

Before providing case documents to a court-appointed custody evaluator, an attorney or party must first give the opposing party (and any minor's counsel) a copy.

No attorney or party to the action may provide the evaluator with documents about the case without first giving the other party, and minor’s counsel if any, a copy of the documents.

CRITICAL

Applies to

Complaint

A complaint about an evaluator's performance must be served on the evaluator within 20 days after the triggering event or within 20 days of receiving the evaluator's report, whichever is later.

A party who wishes to complain about the performance of an evaluator must do so in writing and serve the original of the complaint on the evaluator no later than 20 days after the event giving rise to the complaint or within 20 days of receipt of the evaluator’s report, whichever is later.

CRITICALCivil cases

Service

Mail

Notice of the hearing to confirm a sale of real property must be mailed at least 15 days before the hearing to all interested heirs and beneficiaries.

In addition to complying with the requirements for notice that are contained in Probate Code section 10308, subdivision (c), notice of the hearing for confirmation of a sale of real property must be mailed at least 15 days prior to the hearing date to all heirs and beneficiaries who may have an interest in the subject real property.

CRITICALCivil cases

Ex parte applications and oppositions must be served on all interested persons and special-notice requesters at the first reasonable opportunity.

The moving party on the ex parte application and any person opposing such ex parte application must serve their ex parte application or opposition on all interested persons and persons who requested special notice at the first reasonable opportunity.

CRITICAL

Deadline

24 hours

Parties must receive at least 24 hours' notice before an ex parte application is submitted; the court may waive notice only for good cause shown by clear facts in a supporting declaration.

Notice shall be given at least 24 hours before the application is submitted to the court. The court may waive notice only upon a showing of good cause that is set forth by clear facts in a supporting declaration.

CRITICALCivil cases

Applies to

Citation

A citation whose service is incomplete on the return date must be served via an amended citation; a continuance cannot perfect the original service.

If service of the citation is incomplete on the return date, it cannot be perfected by continuance and completion of service except by issuance of an amended citation.

CRITICAL

Applies to

Response

An evaluator must serve a written response to a performance complaint within ten court days of receiving the complaint.

A no later than ten court days after the receipt of a complaint, the evaluator must serve the complaint with a written response to the complaint.

CRITICAL

Service

Personal service to all parties

All memoranda of points and authorities must be served on all other counsel and the petitioner by personal service or by fax.

All memoranda of points and authorities, whether in support of or in opposition to the objection, must be served on all other counsel and the petitioner by personal service or by fax.

CRITICALCivil cases

Applies to

Petition to appoint guardian

Notice of a petition to appoint a guardian must be given to known parties of other guardian-appointment proceedings for the same minor.

Notice of the petition to appoint a guardian must be given to persons not otherwise entitled to notice who are parties to any other proceeding to appoint a guardian for the minor if such proceedings are known to the petitioner at the time of filing.

CRITICALCourt noticeProposed or draft document; may not be in force

Service

Personal service

A party demonstrates reasonable diligence for substituted service by making at least three good-faith personal-service attempts on three different days at three different times, on at least two different weekdays, with specific time-of-day requirements for dwelling-house attempts.

For purposes of Code of Civil Procedure section 415.20(b), a party shows reasonable diligence in attempting personal service by attempting personal delivery in good faith on at least three occasions on three different days at three different times prior to the day when substitute service is accomplished. The party's attempts at personal service must occur on at least two different days of the week. Where the attempts at personal service are made at a person’s dwelling house or usual place of abode, one of the attempts must occur before 8:00 a.m. and another attempt must occur after 7:00 p.m. If a party meets these requirements, a court clerk will find that the reasonable diligence requirement is met.

WARNING

Both parties must have served their preliminary declarations of disclosure and filed proofs of service with the court.

Both parties have served their preliminary declarations of disclosure and filed proofs of service with the court.

WARNINGCivil cases

Petitioner must serve the Notice of Assignment and case management conference notice on each respondent/defendant and file a proof of service.

The petitioner must serve the Notice of Assignment and the most recent case management conference notice on each named respondent or defendant either when that respondent or defendant is served with the summons and complaint, or as soon as petitioner receives the notice, whichever is later, and file a proof of service thereof.