Amador Superior Court Service and Proof of Service Rules

CRITICAL

The preparing party must provide proof that the cover letter and proposed order were served on the opposing party.

(b) If the opposing party does not so approve within twenty (20) days, the preparing party shall send the order to the court with a cover letter explaining why it was submitted without such approval and a proof of service of the letter and proposed order on the opposing party.

CRITICAL

The filed award must include proof that it was served on each party.

Within ten (10) days after hearing, the arbitrator shall file the award with the court, with proof of service on each party.

CRITICAL

Applies to

Statement of issues contentions and proposed disposition of the case

Both parties must serve the required statement in connection with a contested trial.

Where a matter is set for contested trial, either short or long cause, both parties shall file with the Court and serve a "Statement of Issues, Contentions and Proposed Disposition of the Case" at least twenty (20) days prior to the trial date, and if there is a settlement conference, at least five (5) court days before the settlement conference.

CRITICAL

Deadline

24 hours

A challenge for cause may be made ex parte if the opposing side receives at least 24 hours’ notice.

The challenge for cause may be made on an ex parte basis, giving the opposing side at least twenty-four (24) hours notice.

CRITICAL

Applies to

Pleading

All pleadings must be served and filed in accordance with California Rules of Court, rule 3.110.

All pleadings must be served and filed pursuant to rule 3.110 of the California Rules of Court.

CRITICAL

A party contesting a tentative ruling must request a hearing and notify the opposing party by 4:00 p.m. the day before the hearing; otherwise, the tentative ruling becomes final.

Any party who wishes to contest the tentative ruling must request a hearing and notify the opposing party of the request no later than 4:00 p.m. on the day before the hearing. If a hearing is not requested by 4:00 p.m., the tentative ruling will become the final ruling of the court.

CRITICAL

Applies to

Petition and summons

In each dissolution action, the Petition and Summons must be served within 60 days after filing.

In each dissolution action, the Petition and Summons shall be served within sixty (60) days of filing.

CRITICAL

Deadline

5 court days

Each party shall lodge with the court no later than five (5) court days before the conference and serve on the other parties a written statement that conforms to rule 3.1380 of the California Rules of Court.

Each party shall lodge with the court no later than five (5) court days before the conference and serve on the other parties a written statement that conforms to rule 3.1380 of the California Rules of Court.

CRITICAL

Applies to

Request for order or order to show cause

If service is not completed by the applicable deadline, the matter will be dropped from the calendar and counsel must file new papers unless a written order resets the date.

Absent a written order resetting the matter to a new date, if service is not completed by the date specified by law, in the request for order or order to show cause, the matter will be dropped from the calendar and counsel must file new papers to reset the matter.

CRITICAL

Applies to

Notice of appeal

The appeal papers must include a declaration proving service of a copy of the Notice of Appeal on the Labor Commissioner.

3. A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner.

CRITICAL

An appointed expert must provide the report concurrently to the court, every attorney, and every unrepresented party.

Whenever any expert appointed by the court pursuant to Evidence Code section 730 renders a report, the expert shall concurrently provide a copy of his or her report to the court, and to each attorney and unrepresented party.

CRITICAL

Deadline

2 court days

CASA must provide report copies to all parties or their counsel at least two court days before the scheduled hearing.

Copies of the report are to be provided by CASA to all parties or their counsel at least two (2) court days before the scheduled hearing, pursuant to California Rules of Court, rule 5.655(k)(5).

CRITICAL

Applies to

Notice of inclusion in delay reduction program

The Notice of Inclusion in the Delay Reduction Program must be served with the complaint.

At the time of filing the complaint, the clerk will issue a “Notice of Inclusion in Delay Reduction Program.” The notice must be served with the complaint.

CRITICAL

Deadline

24 hours

Notice of an Ex Parte Application to set a matter on calendar must be given to the opposing party at least 24 hours before the hearing and during regular business hours; if less notice is given, the application must explain why, and the parties may waive the 24-hour requirement by written stipulation.

Notice of any Ex Parte Application to set matter on calendar must be provided to the opposing party no less than twenty-four (24) hours prior to the hearing. If twenty-four (24) hours notice is not given, an explanation why proper notice was not provided must be included in the Ex Parte Application. Notice must be provided during regular business hours. Failure to include the required notice, or sufficient cause for failing to do so, may result in the denial of the Application. The twenty-four (24) hour notice provision may be waived by the parties upon written stipulation.

CRITICAL

Deadline

1 court days

A party who disagrees with the tentative ruling must notify all other parties by 4 p.m. on the court day immediately before the hearing.

If any party disagrees with the tentative ruling, the party shall notify all other parties by 4 p.m. on the court day immediately preceding the hearing.

CRITICAL

A person requesting a CASA referral must give the listed recipients two working days’ telephone notice.

The person requesting such a referral must give two (2) working days telephone notice to the child welfare worker, attorneys of record for the parents/guardians, and attorney for the child.

CRITICAL

Applies to

Family law case management notice

The petitioner must serve the Family Law Case Management Notice on the respondent together with the Summons and Petition.

The petitioner is required to serve the Notice on the respondent with the Summons and Petition.

CRITICAL

Subpoenas for CASA volunteer personnel records are to be served in the CASA office.

All subpoenas are to be served in the CASA office.

CRITICAL

When the court does not make the CASA referral at an appearance hearing, the Child Advocates Office must notify all parties of the intended appointment request and the assigned volunteer’s name.

Where the referral is not made by the court at an appearance hearing, the Child Advocates Office will notice all parties of the CASA program's intent to request appointment and the name of the specific CASA volunteer to be assigned to the case.

CRITICAL

Deadline

9 court days

Opposing papers must be served on each party at least nine court days before the hearing; good cause may excuse noncompliance.

All papers opposing a matter or order to show cause shall be filed with the court and served on each party at least nine (9) Court days prior to hearing. Unless good cause is shown, failure to comply may result in refusal by the court to consider any papers not timely filed or in the imposition of sanctions as permitted by law.

CRITICALCourt notice

Applies to

Evidence

Evidence must be served before the scheduled date of the remote appearance.

If you intend to appear remotely, you must also submit and serve your evidence prior to the scheduled date.

CRITICAL

Applies to

Trial motion

The specified trial motions must be served on opposing counsel and filed with the court by the date of the Trial Readiness Conference.

These motions must be served on opposing counsel and filed with the court no later than the date of the Trial Readiness Conference (TRC).

CRITICAL

Applies to

Family law case management conference statement

The parties must serve the Family Law Case Management Conference Statement on all other parties at least 15 days before each conference.

At least fifteen (15) days prior to each Family Law Case Management Conference, the parties shall file with the court and serve on all other parties, a Family Law Case Management Conference Statement.

CRITICAL

Applies to

Case intake sheet

The plaintiff must serve a blank Case Intake Sheet with the summons and complaint.

The plaintiff must serve a blank copy of the Case Intake Sheet with the summons and complaint.

CRITICAL

Deadline

5 court days

The parties must exchange their most recently filed federal and state personal income tax returns at least five court days before the hearing, unless the court orders otherwise.

In addition, the parties shall exchange copies of their most recently filed federal and state personal income tax returns at least five (5) court days prior to the date set for hearing unless otherwise ordered by the court.

CRITICAL

A party wishing to have the evaluator testify must notify and subpoena the evaluator at least 20 days before the evidentiary hearing or trial.

The party who wishes to have the evaluator present at the evidentiary hearing/trial must notify the evaluator at least 20 days prior to the evidentiary hearing/trial date and subpoena that person.

CRITICAL

The statement of issues must be served on opposing parties or counsel at least 20 days before the long cause hearing.

At least twenty (20) days prior to a long cause hearing, the parties shall serve and file a statement setting forth each issue in dispute, and the legal and factual basis in support of the party's contentions as to each disputed issue. (See Statement of Issues, local form FCS-92.) The original of each party's statement shall be filed with the court and copies served on the opposing parties or counsel.

CRITICAL

After an Order to Show Cause issues, opposed extension requests and all other motions must be served on the opposing party.

All opposed requests for extensions of time and all other motions, made after the issuance of an Order to Show Cause, must be served upon the opposing party.

CRITICAL

When serving a Request for Order, the moving party must also serve blank copies of the prescribed Responsive Declaration and Income and Expense Declaration forms.

In addition to the requirements of the California Rules of Court, a blank copy of the forms Responsive Declaration re: Request for Order, and Income and Expense Declaration prescribed by the California Rules of Court shall be served upon the opposing party when he or she is served with the moving party's Request for Order.

CRITICAL

An evaluator deposition must be noticed at least 10 days in advance unless the evaluator and the party agree otherwise.

Any deposition of an evaluator shall be noticed at least 10 days prior to the deposition date or by agreement between the evaluator and the party.

CRITICAL

Service

Mail

The clerk mails the arbitrator list to counsel, and each side has ten days from mailing to file a rejection of no more than one name.

The list of randomly selected names shall be mailed to counsel and each side has ten days from the date of mailing to file a rejection of no more than one name on the list.

CRITICAL

The conservator must serve a copy of the notice of death on the Court Investigator’s Office within 30 days of the conservatee’s death.

Within thirty (30) days of the death of the conservatee, the conservator must file a notice of death of the conservatee with a copy of the conservatee’s death certificate attached and must serve a copy of the notice on the Court Investigator’s Office.

CRITICAL

A party joining another party’s motion must comply with applicable service requirements or relief will not be granted.

another party's motion, the court will not grant relief to the party joining the motion, unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, proper notice, format of motion and method of service.

CRITICAL

Cross-complainants must serve each new cross-defendant with the initial Delay Reduction Program notice and notice of any other pending Case Management Conference hearing date.

Cross-complainants shall serve all new cross-defendants with a copy of the initial “Notice of Inclusion in Delay Reduction Program” document and with notice of any other pending Case Management Conference hearing date.

CRITICAL

Service

Court service to all parties

The clerk must serve all parties with a Notice of Dismissal.

The clerk will serve all parties with a Notice of Dismissal

CRITICAL

When support rights have been assigned to the County, the agency and supporting non-custodial parent may stipulate to specified modifications without the custodial parent’s signature if reasonable notice is given to that parent and the stipulation conforms to Family Code section 4065.

If the custodial parent has assigned support rights to the County under Welfare and Institutions Code section11477, the Central Sierra Child Support Agency, and a supporting non-custodial parent may stipulate, without the signature of the custodial parent, to an order modifying the method of payment of, or to facts supporting a change in the amount of child support; provided however, that reasonable notice be given to the custodial parent. Any such stipulation must conform to the requirements of Family Code section 4065.

CRITICAL

Deadline

24 hours

Applies to

Opposition and reply papers

Opposition and reply papers must be served by a method that ensures receipt within 24 hours after filing, with email permitted only by written agreement, and the motion will not be heard unless all parties are timely served.

All opposition and reply papers shall be served upon opposing counsel by personal delivery, express mail, federal express, email (when agreed to in writing by the parties), fax, or other means designed to ensure that the opposition and reply papers are received by opposing counsel within twenty-four (24) hours of filing. The motion shall not be heard unless the above-mentioned documents have been served on all parties to the proceeding within the time limits specified.

CRITICAL

The moving party must deliver moving papers to the other party as early as reasonably possible before the ex parte appearance using the fastest available means, such as personal delivery or fax.

The moving party shall deliver his or her moving papers to the other party at the earliest reasonable opportunity in advance of the ex parte appearance, using the most expeditious means available, including, but not limited to, personal delivery or facsimile transmission.

CRITICAL

The continuance requester must provide opposing counsel or self-represented parties a copy of the confirming notice.

The party or counsel requesting the continuance must send a confirming notice to the court at least two (2) days before the time originally set for hearing with a copy to opposing counsel or parties appearing in pro per.

CRITICAL

The opposing party must receive reasonable notice before an application to shorten time; reasonable notice is presumed to be at least 24 hours.

Reasonable notice, which is presumed to be not less than twenty-four (24) hours, shall be given to the opposing party prior to application.

CRITICAL

Applies to

Request or motion submitted on pleadings

Requests for continuances, extensions of time, and other motions submitted on the pleadings must be served on all parties according to applicable rules and statutes.

All requests for continuances, extensions of time, and other motions submitted on the pleadings, including in habeas corpus matters, shall be accompanied by a separate order and served on all parties according to the applicable rules and statutes.

CRITICAL

Deadline

5 calendar days

The plaintiff must file proof of service on the defendant in the Clerk’s Office at least five calendar days before the hearing, or the case may be dismissed without prejudice.

Plaintiff must file proof of service on the defendant in the Clerk’s Office at least five (5) calendar days before the hearing or the case may be dismissed without prejudice.

CRITICAL

Applies to

Response

The response must be served within 30 days after the respondent is served with the Petition and Summons.

The response shall be served within thirty (30) days of service of the Petition and Summons on the respondent.

CRITICAL

Applies to

Income deduction order

A copy of the income deduction order must be served on the defendant’s payors.

A copy of this order shall be served on the defendant's payor(s).

WARNING

Applies to

Mediation agreement

The mediation agreement must be provided to the court and copies provided to counsel.

This agreement is provided to the court and copies provided to counsel, pursuant to section 3186, subdivision (b) of the Family Code.

WARNING

Unless otherwise ordered or good cause is shown, family-law moving papers, points and authorities, and declarations must be filed and served under the cited California rules.

Unless otherwise ordered or good cause is shown, all moving papers, points and authorities, and declarations, including financial declarations, relating to a family law matter, shall be filed with the court and served on the opposing party or counsel pursuant to Rules of Court, Rule 3.1300 and Code of Civil Procedure section 1005.

WARNING

Applies to

Proof of service

Proof of Service of the Summons and Petition should reflect service of the Notice as well.

Proof of Service of the Summons and Petition should reflect service of the Notice as well.

WARNING

The Child Advocates Office and appointed CASA volunteers have a right to proper and timely notice of all proceedings in their cases.

Pursuant to Welfare and Institutions Code sections 100, 102, subdivision (c), 104 and 106, the Child Advocates Office and individual CASA volunteers have a right to be properly and timely noticed for all proceedings held in cases on which they have been appointed.

WARNING

After the declaration is filed, the clerk must set the matter for trial and notify the defendant and arresting officer.

The clerk shall then set the matter for trial and provide notice to the defendant and the arresting officer.

WARNING

Applies to

Opposition

The court may treat failure to serve and file opposition papers as forfeiting objections and as an admission of merit, and may also bar oral opposition at the hearing.

Failure to serve and file papers in opposition to a motion, other than an ex parte application, may, in the court's discretion, be deemed a forfeiture of any objections and an admission that the motion or other application is meritorious. The court may also deem, in its discretion, that the party who has failed to timely file written opposition to a noticed motion has forfeited the right to orally oppose the motion at the hearing.