Alpine Superior Court Service and Proof of Service Rules

The request to defer arraignment must demonstrate proof of service on the District Attorney.

Unless defendant’s appearance is required by law or otherwise ordered by the court, counsel may defer arraignment and request a deferred arraignment/initial pre-trial conference on misdemeanors and infractions by letter, including facsimile, received at least one (1) court day prior to the hearing and demonstrating proof of service on the District Attorney.

Deadline

10 court days

The court must give appeared parties entitled to notice at least ten court days’ notice before conducting an evidentiary hearing or non-jury trial remotely.

The court, intending to conduct an evidentiary hearing or non-jury trial remotely, must provide notice to all parties who have appeared in the action and entitled to notice of the proceedings at least ten (10) court days before the hearing.

Deadline

10 court days

A party requesting remote appearance at a civil evidentiary hearing or trial must notify other parties at least ten court days beforehand using a means reasonably calculated to provide notice.

Notice to other parties must also be provided at least ten (10) court days prior to the hearing and can be accomplished electronically via text, email, orally, or any other means reasonably calculated to ensure notice is provided.

Fax filing and service of documents must comply with CRC Rule 2.300 et seq. and these rules.

RULE 3.8.1 Facsimile (Fax) filing and service of documents shall comply with CRC Rule 2.300 et seq, and these rules.

Applies to

TRMC statement

The TRMC Statement must be served on all other parties ten days before the conference.

All parties shall file with the court and serve on all other parties ten (10) days prior to that conference a TRMC Statement including the above-referenced material, a list of anticipated witnesses each party expects to call, a time estimate of the party’s case in chief (including anticipated cross examination), and a list and copy of all evidentiary exhibits.

Deadline

1 court days

The opposition must be served when it is filed by noon on the court day before a proceeding noticed fewer than fifteen court days in advance.

In response to notice of a remote proceeding for an any evidentiary hearing or non-jury trial a party may make a showing to the court as to why the court should deny a remote appearance or remote testimony should not be allowed by serving and filing an Opposition to Remote Proceeding at Evidentiary Hearing or Trial (California Judicial Council form RA-015) by: At least noon the court day before the proceeding if for an evidentiary hearing or non-jury trial for which a party gives or receives less than fifteen (15) court days’ notice.

Deadline

3 court days

The witness remote-appearance request must be served on counsel for all other parties, or on an unrepresented party by a legally authorized means reasonably calculated to ensure receipt.

A request for remote appearance by a witness must be made in writing by counsel for the party calling the witness or, if the party does not have counsel, by the party, by filing the request with the court and serving a copy of the request on counsel for all other parties; or, if a party does not have counsel, on the party by any means authorized by law reasonably calculated to ensure receipt no later than close of business three (3) court days before the proceeding.

At least the notice required by the CRC and applicable statutes must be given for ex-parte applications; this local rule does not apply to the specified applications or where otherwise provided by law.

At a minimum, notice shall be given as provided by the CRC and any applicable statute. This local rule does not apply to ex-parte applications for domestic violence or civil harassment restraining orders, elder or dependent adult protective orders, applications in criminal proceedings for the confidential appointment of experts or investigators, or as otherwise provided by law.

Service on adverse parties and proof of service must be completed and filed within 60 days after filing a complaint or qualifying cross-complaint, but a qualifying amended complaint restarts the service period.

Within sixty (60) days of the filing of a complaint or a cross-complaint which names new parties, service of the action on adverse parties must be effected and proof of service filed with the court. The filing of an amended complaint pursuant to CCP section 472 will begin anew the time for service.

Applies to

Notice of settlement

The plaintiff must provide copies of the settlement notice to all parties, arbitrators, and other ADR neutrals.

Whenever a case settles, the plaintiff shall notify the court in writing with copies to all parties, arbitrators or other Alternative Dispute Resolution neutrals and dismiss the case pursuant to CRC Rule 3.138.

Deadline

2 court days

The request must be served on counsel for each party by a legally authorized means reasonably calculated to ensure receipt.

Any party may ask the court to compel the physical presence of a witness or a party by filing the request in writing with the court and serving a copy of the request on counsel for each party by any means authorized by law reasonably calculated to ensure receipt no later than close of business day two (2) court days before the proceeding.

Applies to

Summons and complaint

The Notice of Initial Case Management Conference and a blank Case Management Statement must be served with the Summons and Complaint or Cross-Complaint.

When returning conformed copies of a complaint, or cross complaint which names new parties, the clerk will also provide Notice of Initial Case Management Conference and blank Case Management Statement, both of which shall be served with the Summons and Complaint/Cross-Complaint.

Deadline

2 court days

Give other parties notice of a remote appearance at least two court days before the hearing by a means reasonably calculated to provide notice, including text, email, or oral notice.

Notice to other parties must also be provided at least two (2) court days prior to the hearing and can be accomplished electronically via text, email, orally, or any other means reasonably calculated to ensure notice is provided.

Deadline

5 court days

In response to notice of a remote proceeding for an any evidentiary hearing or non-jury trial a party may make a showing to the court as to why the court should deny a remote appearance or remote testimony should not be allowed by serving and filing an Opposition to Remote Proceeding at Evidentiary Hearing or Trial (California Judicial Council form RA-015) by: At least five (5) court days before the proceeding if for an evidentiary hearing or trial for which a party gives or receives at least fifteen (15) days’ notice;

In response to notice of a remote proceeding for an any evidentiary hearing or non-jury trial a party may make a showing to the court as to why the court should deny a remote appearance or remote testimony should not be allowed by serving and filing an Opposition to Remote Proceeding at Evidentiary Hearing or Trial (California Judicial Council form RA-015) by: At least five (5) court days before the proceeding if for an evidentiary hearing or trial for which a party gives or receives at least fifteen (15) days’ notice;