Alameda Superior Court Service and Proof of Service Rules

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.

Deadline

1 business days

Service

Other to all parties

The moving party must notify all interested persons and special-notice requesters of an ex parte application no later than 10:00 a.m. the court day before filing, unless excluded under Rule 7.120 or 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).

Service

Other to all parties

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.

Deadline

15 calendar days

Service

Mail to other

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.

Service

Other to other

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.

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.

Applies to

Petition to appoint guardian

Service

Other

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 not known to the petitioner at the time of filing.

Applies to

Notice of hearing

Service

Other

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.

Applies to

Notice

Service

Other

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.

Applies to

Citation

Service

Other

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.

The conservator must serve the general plan within 90 days on the conservatee, their attorney, the Court Investigator's Office, and anyone requesting special notice.

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

Applies to

Court order

Service

Other to all parties

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.

Deadline

10 calendar days

Applies to

Subpoena

Service

Personal service to court

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.

Deadline

20 days

Applies to

Complaint

Service

Other to other

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.

Applies to

Response

Service

Other

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.

Applies to

Evaluator documents

Service

Other to all parties

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.

Applies to

Notice of hearing

Service

Other to all parties

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 order of the court.

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.

Deadline

15 calendar days

Service

Mail to other

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.

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.

Deadline

10 business days

Service

Court service to all parties

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.

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.

Deadline

5 business days

Service

Email to all parties

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 a hearing that determines 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.

Deadline

3 business days

Service

Other to all parties

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 the pretrial conference is not scheduled.

Deadline

3 working days

Applies to

Deposition and discovery excerpts

Service

Other to opposing party

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.

Deadline

3 working days

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 proceeding 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.

Applies to

Notice of assignment

Service

Other

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.

Service

Other

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.

Deadline

45 calendar days

Service

Other to all parties

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.

Deadline

45 calendar days

Service

Other to all parties

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.

Deadline

45 calendar days

Service

Other to all parties

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.

Deadline

60 calendar days

Service

Other to all parties

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.

Service

Other to all parties

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.

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.

Service

Electronic service

Parties who consent to e-filing must serve and accept service electronically unless other service is required by law or court order.

Unless other service is required by law or court order, anyone who consents to participate in e-filing must consent to serve and accept service electronically.

Service

Electronic service

Parties who consent to e-filing must also consent to electronic service unless law or court order requires otherwise.

Unless other service is required by law or court order, anyone who consents to participate in e-filing must consent to serve and accept service electronically.

Service

Other

Five categories of ex parte applications are exempt from the notice requirements: withdrawal of minor's funds, guardian ad litem appointment, bond increase, specially set hearing dates before service of the underlying petition, and stipulated orders.

The following ex parte applications are exempt from the notice requirements of this chapter: Ex parte application for Withdrawal of Minor’s Funds, (1) Ex parte application for Appointment of Guardian Ad Litem, (2) Ex parte application to Increase Bond, (3) Ex parte applications to specially set hearing dates filed before the underlying petition is served, and (4) Stipulation and Order submitted as ex parte application.

Applies to

Citation

Service

Other

Waiver of a citation is generally not allowed.

Service of a citation will not ordinarily be waived.

Applies to

Complaint

Service

Other to court

If the evaluator's response does not resolve a complaint, the complainant must serve the complaint and evaluator's response to the presiding judge for family law matters, whose decision is final.

If the response served by the evaluator does not resolve the complaint, the complainant must serve a copy of the complaint and the response of the evaluator, if any, on the presiding judge for family law matters whose decision concerning the complaint, which may include removing the evaluator from the panel of child custody evaluators used by the court, will be final.

Service

Other to other

Counsel must serve an endorsed-filed copy of the order granting the motion to be relieved on the former client and the Court Appointed Attorney's Program.

Counsel shall serve an endorsed-filed copy of the order granting counsel’s motion to be relieved as counsel on his or her former client and on the Court Appointed Attorney’s Program.

Deadline

10 business days

Service

Court service to all parties

When no court date is calendared, the presiding judge calendars the hearing to allow ten court days notice, unless the minor's best interests require shorter notice.

If there is no previously calendared court date, the presiding judge of the juvenile court will calendar the hearing for a date that will allow ten court days notice to all parties and counsel, unless the presiding judge determines it is in the best interests of the minor to hear the matter on shorter notice.

Service

Electronic service to all parties

E-filed documents in criminal cases constitute consent to electronic service by all other parties and the court.

A party filing documents electronically under this rule is deemed to have consented to accepting electronic service of documents by all other parties and the court.

Required

Always

Service

Electronic service

Filing documents electronically does not constitute consent to accept electronic service; a party may elect to accept electronic service by complying with California Rules of Court rule 2.251(b)(1)(A).

A party that files documents electronically pursuant to this rule is not deemed to have consented to acceptance of electronic service. A party may consent to accepting electronic service by complying with rule 2.251(b)(1)(A) of the California Rules of Court.

Service

Electron

Self-represented parties who consent to e-filing must serve and accept service electronically unless a law or court order directs otherwise.

Unless other service is required by law or court order, anyone who consents to participate in e-filing must serve and accept service electronically.

Deadline

10 calendar days

Applies to

Notice of death

Service

Other to all parties

The Notice of Death must be served upon all other parties within ten calendar days of receiving notice of the party's death.

Rule 3.26. Notice of death Within ten calendar days of receiving notice of a party’s death, counsel for the deceased party must file a Notice of Death with the court and serve it upon all other parties.

Service

Other to all parties

E-service is mandatory for represented parties: they must both serve and accept service electronically unless another method is authorized by court order or law.

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

Applies to

Notice of assignment

Service

Other

When a plaintiff serves the summons and complaint, a copy of the Notice of Assignment and Initial Case Management Conference must be served at the same time.

When a plaintiff causes the summons and complaint to be served on a party in the case, a copy of the Notice of Assignment and Notice of Initial Case Management Conference must be served with the summons and complaint.

Applies to

Notice of assignment

Service

Other

If a plaintiff receives the Notice of Assignment after already serving the summons and complaint, the plaintiff must promptly serve it on the parties already served.

If a plaintiff receives the Notice of Assignment from the court after service of the court, after plaintiff has already served the summons and complaint on one or more parties, then the plaintiff must cause a copy of the Notice of Assignment to be served forthwith on those parties.

Applies to

Notice of assignment

Service

Other

If a party appears without having been served with a summons, the plaintiff must serve that party with a copy of the Notice of Assignment forthwith.

If a party, including an intervenor or a voluntarily appearing party, appears without previously being served with a summons, then the plaintiff must take a copy of the Notice of Assignment and cause it to be served forthwith on that party.

Applies to

Notice of assignment

Service

Other

When serving a cross-complaint on a new party, the cross-complainant must also serve the Notice of Assignment and any notice of a pending conference or hearing.

When a cross-complainant causes the summons and cross-complaint to be served on a new party in the case, a copy of the Notice of Assignment together with notice of any pending conference or hearing must be served with the summons and cross-complaint.

Applies to

Notice of assignment

Service

Other

If the cross-complainant receives the Notice of Assignment after serving the cross-complaint, the cross-complainant must promptly serve it and any pending hearing notice on the new parties.

If a cross-complainant receives the Notice of Assignment from the court after the cross-complainant has already effected service of the summons and cross-complaint on one or more new parties, then shall the cross-complainant cause a copy of the Notice of Assignment together with notice of any pending conference or hearing to be served forthwith on those new parties.

Service

Other to other

A party adding a new party must provide notice of the next scheduled conference or hearing to the newly added party.

Any party adding a new party to the action must provide notice to the newly added party of the next scheduled conference or hearing.

Service

Mail to other

The clerk serves the Notice of Assignment by mail on petitioner's counsel or self-represented petitioner, or personally at the time the petition is filed.

The clerk will serve the Notice of Assignment either by mail on counsel of record for petitioner and on any self-represented petitioner, or personally on petitioner or petitioner's representative at the time the petition is filed.

Service

Other to opposing party

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.

Applies to

Notice of assignment

Service

Mail

The clerk must serve the Notice of Assignment and Notice of Initial Case Management Conference on the plaintiff by mail to plaintiff's counsel or self-represented plaintiff, alternately by personal service on plaintiff at the time the complaint is filed.

The clerk will serve the Notice of Assignment and Notice of Initial Case Management Conference, either by mail on counsel of record for plaintiff and on any self-represented plaintiff, or by the representative of a plaintiff, or personally on plaintiff or plaintiff's representative at the time the complaint is filed.

Applies to

Notice of assignment

Service

Other

A Notice of Assignment need not be served on any party that has already been served with that notice.

Notwithstanding the requirements of the preceding section, a Notice of Assignment need not be served on any party that has already been served with that notice.

Service

Mail to other

The clerk serves case assignment and case management notices on the plaintiff by mail or personally at the time the complaint is filed.

The clerk will serve the Notice of Assignment, Notice of Initial Complex Case Management Conference or Notice of Initial Case Management Conference, and any Complex Determination order made by the court by mail on counsel of record for plaintiff and on any self-represented plaintiff, or personally on plaintiff or plaintiff's representative at the time the complaint is filed.