Alameda Superior Court Service and Proof of Service Rules

WARNINGCivil cases

Applies to

Status report

Status reports provided to the court must also be provided to both parties at the same time.

a. The expert may provide a status report to the court at any time. The status report must be provided to both part ies at the same time as it is provided to

WARNINGCivil cases

Any written communication sent to the court must also be provided to the other party at the same time.

Any written communication sent to the court must be provided to the other party at the same time.

WARNING

Service

Electronic service to all parties

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.

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.

WARNINGCivil cases

Applies to

Notice of assignment

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 that 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.

WARNINGCivil cases

Applies to

Motion

Disputes over the MEDIATOR's fees or costs must be brought to the Court's immediate attention by service and filing of a motion, with written notice to the MEDIATOR pursuant to CCP §1005(b).

any dispute regarding the MEDIATOR's fees or costs shall be brought to the immediate attention of this Court by the disputing party by service and filing of a motion, with written notic e to the MEDIATOR pursuant to CCP §1005(b).

WARNINGCivil cases

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.

WARNINGCivil cases

Applies to

Notice of assignment

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.

WARNINGCivil cases

Deadline

10 calendar days

Applies to

Notice of 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.

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.

WARNING

Applies to

Pre conference briefing

The responding party must serve the facilitator and moving party with a short summary of why the requested relief should be denied.

The responding party must serve both the facilitator and the moving party with a short summary of why the requested relief should be denied.

WARNINGCivil cases

A status report to the court must also be provided to both parties at the same time.

The expert may provide a status report to the court at any time. The status report must be provided to both parties at the same time as it is provided to the court.

WARNINGCivil cases

Service

Mail

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.

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.

WARNINGCivil cases

If a hearing is continued, parties must give the child custody evaluator timely written notice of the new date and time.

If the hearing is continued, the parties will give the child custody evaluator timely written notice of the new date and time.

WARNINGCivil cases

Applies to

Notice of assignment

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 that cross- complainant must 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.

WARNINGCivil cases

The expert's final report must be sent to the court with copies to the parties, provided the parties have complied with the order.

The expert's final report must be sent to the court and copies provided to the parties, provided that the parties have complied with the provisions of this order, including the compensation and documents and information provisions.

WARNINGCivil cases

A party requesting the MEDIATOR's attendance at a hearing or deposition must provide ten days written notice and tender the MEDIATOR's preparation and appearance fees no less than 24 hours before the appearance.

Should the report or recommendation of the MEDIATOR proceed to hearing, or should the MEDIATOR be requested by a party to attend a hearing or deposition, the party requesting the attendance of the MEDIATOR shall provide the MEDIATOR with ten (10) days written notice of the date and time of the appearance, and shall, no less than twenty- four hours prior to the appearance, advance and tender the fees requested by the MEDIATOR for preparation and appearance.

WARNINGCivil cases

Deadline

5 business days

A party wishing to cross-examine the expert must give at least five business days written notice and advance the expert's fees, with fees paid at least two business days before the appearance.

If either party wishes to cross-examine the expert, that party must give expert at least five business days written notice and must advance the fees requested by expert to prepare for and appear at the hearing, subject to reimbursement or reallocation by th e court. Fees for preparing and appearing, as requested by expert must be paid at least two business days before the

WARNINGCivil cases

Any written communication sent to the court must also be provided to the other party at the same time.

Any written communication sent to the court must be provided to the other party at the same time.

WARNINGCivil cases

Applies to

Notice of assignment

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.

WARNING

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 accepting 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.

WARNINGCivil cases

Documents a party provides to the MEDIATOR must be provided to the other party at the same time.

All documents provided to the MEDIATOR by a party (directly or through counsel) shall be contemporaneously provided to the other party.

WARNINGCivil cases

Applies to

Logs

You must serve a copy of the logs every 30 days from the following start date, ____________, on the following:  Opposing counsel or party  Department of Child Support Services (DCSS) 5669 Gibraltar Dr. Pleasanton, CA 94588

You must serve a copy of the logs every 30 days from the following start date, ____________, on the following:  Opposing counsel or party  Department of Child Support Services (DCSS) 5669 Gibraltar Dr. Pleasanton, CA 94588

WARNINGCivil cases

Applies to

Citation

Waiver of a citation is generally not allowed.

Service of a citation will not ordinarily be waived.

WARNING

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.

WARNING

Applies to

Complaint

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.

WARNINGCivil cases

Applies to

Paycheck stubs

The job seeker must provide a copy of each of the first two paycheck stubs within one week after receiving each one.

You must also provide a copy of each of your first two paycheck stubs within one week after receiving each of them.

WARNINGCivil cases

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.

WARNINGCivil cases

Applies to

Job search paperwork

Within 10 days of a written request by DCSS or opposing counsel/party, the job seeker must provide copies of all job-search paperwork and correspondence to all parties.

Within 10 days of any written request by DCSS or the opposing counsel/party, you must provide copies of all paperwork and correspondence related to your job search to all parties.

WARNINGCivil cases

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.

WARNING

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.

WARNINGCivil cases

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.

INFOCivil cases

The expert is not required to begin work until served with a copy of the order.

The expert is not required to begin work until the expert has been served with a copy of this order.

INFOCivil cases

Service

Mail

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.

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.

INFOCivil cases

Applies to

Notice of assignment

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.

INFOCivil cases

Applies to

Notice of assignment

Service

Mail

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 personally on plaintiff or plaintiff’s representative 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 personally on plaintiff or plaintiff’s representative at the time the complaint is filed.

INFO

Service

Email

Email service is preferred for briefing materials, but any agreed service method that ensures adequate response and review time is permitted.

Service via e-mail is preferred, but both parties may use any agreed-upon method of service that ensures the responding party has adequate time to respond, and the facilitator has adequate time to review the briefing materials and prepare before the discovery facilitation conference.

INFOCivil cases

The expert need not begin work until served with a copy of the order.

The expert is not required to begin work until the expert has been served with a copy of this order.

INFOCivil cases

Service

Mail to all parties

The clerk served the Notice of Hearing by placing copies in envelopes and mailing them by United States mail following standard court practices.

I served this Notice of Hearing by placing copies in envelopes addressed as shown hereon and then by sealing and placing them for collection, stamping or metering with prepaid postage, and mailing on the date stated below, in the United States mail at Alameda County, California, following standard court practices.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

Applies to

Notice of assignment

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.