Calaveras Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

Te gvro order

When an officer obtains a TE-GVRO through an oral request, the officer must serve and file the order with the court as required by Penal Code section 18140.

If a TE-GVRO was ordered on an oral request by a law enforcement officer, the requesting law enforcement officer must memorialize the order on California Judicial Council Form #EPO-002, without filling in a date and time for the court hearing and serve and file the order with the court per Penal Code §18140.

CRITICAL

The proof-of-service form provides personal-service and mail-service options, identifies the server as an adult nonparty, and requires a declaration under penalty of perjury.

## PROOF OF SERVICE Personal Service Service by Mail 1. Person serving: I am over the age of 18 and not a party to this action. Name: _____ Address: _____ Telephone: _____ 2. I served the a copy of the Petition as follows (check one): a. Personal Service: I personally delivered the Petition to the person at the address listed below: (1) Name of person served: _____ (2) Address where served: _____ (3) Date served: _____ (4) Time served: _____ AM PM b. Service by Mail: I deposited the Petition in the United States mail, in a sealed envelope with first class postage fully prepaid. The envelope was addressed as follows: (1) Name of person served: _____ (2) Address: _____ (3) Date of Mailing: _____ (4) Place of Mailing (city and state): _____ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: _____ _____ (Signature of Declarant) _____ (Printed Name of Declarant)

CRITICALCivil casesCourt notice

Applies to

Adr information package

In general civil cases filed after June 30, 2001, plaintiffs must serve each defendant with the ADR information package along with the complaint.

NOTICE: Pursuant to the California Rules of Court, in all general civil cases1 filed after June 30, 2001, plaintiffs must serve a copy of this ADR information package on each defendant along with the complaint.

CRITICAL

Service

Mail to all parties

The clerk must mail all parties notice of the trial date and time at least 10 days before trial.

Notice of the date and time must be mailed by the clerk of the court to all parties at least 10 days prior to the date of trial.

CRITICAL

The moving party must timely notify the appointed Special Advocate of motions concerning the child, non-minor dependent, or ward.

The moving party shall provide the Special Advocate timely notice of any motions concerning a child, non-minor dependent, or ward who is subject to the jurisdiction of the juvenile court for whom a Special Advocate has been appointed.

CRITICAL

A copy of the review decision must be provided to both the complainant and the attorney.

A copy of the review decision shall be provided to both the complainant and the attorney.

CRITICALCriminal cases

Applies to

Courtesy notice

Service

Mail

The court clerk must mail a Courtesy Notice to the defendant at the provided address.

2. Mail a Courtesy Notice to the defendant at the address provided;

CRITICAL

The filing party must serve all other parties with notice of the Case Management Conference date along with the complaint.

It is the responsibility of the filing party to serve all other parties with notice of the Case Management Conference date with the complaint.

CRITICALCivil casesCourt notice

Applies to

Adr information package

Cross-complainants must serve new parties with the ADR information package along with the cross-complaint.

Cross-complainants shall serve a copy of the ADR information package on any new parties to the action along with the cross-complaint.

CRITICAL

If the court rejects the requested hearing details, the moving party must give the responding party adequate notice of the new date, time, or department.

If the court rejects the requested date, time, and/or department entered on the moving papers, the court clerk will so advise the moving party who is then responsible for providing the responding party with adequate notice of the new date, time, and/or department for the hearing.

CRITICAL

When selecting a hearing date, the moving party must observe the service timelines in Code of Civil Procedure § 1005.

In selecting the requested hearing date, the moving party must observe the filing and service timelines of Code of Civil Procedure § 1005.

CRITICAL

Deadline

10 court days

Notice to the other parties and persons entitled to receive notice of the proceedings may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received at least ten court days prior to the hearing.

Notice to the other parties and persons entitled to receive notice of the proceedings may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received at least ten court days prior to the hearing.

CRITICAL

CASA must provide the report to the parties to the case, including the listed representatives when applicable.

CASA shall provide a copy of the report on the parties to the case, including but not limited to: County Counsel, attending Case Social Worker/Probation Officer, attorney for child, non-minor dependent, or ward who is subject to the jurisdiction of the juvenile court, parties’ attorney(s), and ICWA representative (if applicable).

CRITICAL

If the moving party does not appear at calendar call, the matter will be taken off calendar and all parties must be re-noticed for any later hearing.

Any matter in which there is no appearance by the moving party at the time of calendar call shall be ordered off-calendar and thereafter all parties must be re-noticed for any subsequent hearing.

CRITICAL

Each brief must include valid proof of service.

All briefs shall include appropriate points and authorities, clear identification of the issue(s) being raised and valid proof of service. Because appeals are concerned with issues of law, mere factual arguments will generally be insufficient. If applicable, a reporter’s transcript and/or a settled statement on appeal shall be submitted.

CRITICAL

The application must be served at least five days before the ex parte hearing unless a declaration shows good cause or the responding party provides a written waiver.

Absent a declaration showing good cause or written waiver by the responding party, an alternative writ will not issue unless the application is served at least five (5) days before the ex parte hearing.

CRITICAL

Applies to

Adr information package

Cross-complainants must serve the ADR information package on any new parties with the cross-complaint.

Cross-complainants shall serve a copy of the ADR information package on any new parties to the action along with the cross-complaint.

CRITICAL

For service by facsimile, email, express mail, or overnight delivery, omit the first day, count 2 calendar days, and then count 16 court days to determine the earliest law-and-motion hearing date.

For service by facsimile, email, express mail or overnight delivery – Omit the first day, then count two (2) calendar days and thereafter count sixteen (16) court days to determine the earliest law-and-motion calendar hearing date when the matter may be heard.

CRITICAL

Deadline

5 court days

Applies to

Settlement conference statement

The settlement conference statement must be served on the other party five court days before the conference.

Parties and trial counsel must participate in the settlement conference and submit to the court and serve the other party with a settlement conference statement five (5) court days prior to the conference pursuant to rule 3.1380 of the California Rules of Court and Local Rule 3.6.

CRITICAL

Deadline

1 court days

The parties must provide notice to the other parties of their intent to appear remotely within one (1) court day before the hearing using the procedure most likely to provide the earliest possible notice, including, but not limited to, personal delivery or electronic transmission, or email.

The parties must provide notice to the other parties of their intent to appear remotely within one (1) court day before the hearing using the procedure most likely to provide the earliest possible notice, including, but not limited to, personal delivery or electronic transmission, or email.

CRITICAL

Deadline

10 calendar days

Written notice of a continuance request must be served on the opposing party at least 10 calendar days before the trial date, subject to the stated good-cause exception for untimely notice.

It is the policy of the Superior Court of California, County of Calaveras to require written notice, filed with the court and served upon the opposing party at least ten (10) calendar days prior to the trial date to be continued unless good cause is found for failure to provide timely notice.

CRITICAL

Deadline

1 court days

The response must be served by a method reasonably calculated to ensure delivery to the other party no later than one court day after filing.

The response to the request for order, motion or order to show cause must be served in a manner reasonably calculated to ensure delivery to the other party not later than one (1) court day after the responding papers are filed with the court.

CRITICAL

If the respondent or real party in interest is a board or commission, service must be made on its presiding officer, its secretary, or a majority of its members.

Where the respondent or real party in interest is a board or commission, service must be made upon the presiding officer, or upon the secretary, or upon a majority of the members of such board or commission.

CRITICAL

Deadline

2 court days

Applies to

Report

CASA must provide the report to parties entitled to receive it at least two court days before the hearing.

(c) CASA shall provide a copy of the report on the parties entitled to receive a copy of the report at least two (2) court days prior to the hearing.

CRITICAL

Applies to

Te gvro or gvro order

If an ex parte TE-GVRO or GVRO is ordered, the court fills in the hearing date and time, and the requesting party must arrange service under applicable law as soon as possible.

If an ex parte TE-GVRO or GVRO is ordered, the court will fill in a date and time for the court hearing and the requesting party must have the TE-GVRO or GVRO served as required by applicable law. These steps should be taken as soon as possible.

CRITICAL

The petitioner must serve the respondent with the Caseflow Program Notice along with the Summons and Petition.

It is the responsibility of the petitioner to serve a copy of the Caseflow Program Notice on the respondent along with the Summons and Petition.

CRITICAL

Applies to

Reports or documentation

Reports or documentation intended for presentation and reliance at the hearing must be served on the other parties with the moving, responding, or reply papers.

Such reports or documentation not filed with the court, which a party intends to present to the court and rely upon at the hearing, must have been served on the other parties with the moving, responding or reply papers in accordance with applicable law and these Local Rules.

CRITICAL

Cross-complainants must serve new party cross-defendants with the required initial document and notice of any other pending Case Management Conference hearing date.

Cross-complainants shall serve all new party cross-defendants with a copy of the initial document required under Local Rule 3.4.3 along with notice of any other pending Case Management Conference hearing date.

CRITICAL

Notice to the court may be given by the filing and service on all parties of a declaration.

Notice to the court may be given by the filing and service on all parties of a declaration.

CRITICAL

The arbitrator must serve the award within 10 days after the arbitration hearing.

Within 10 days after the arbitration hearing, the arbitrator shall serve and file the award.(CRC 3.825)

CRITICAL

Deadline

15 calendar days

Each party must serve the Case Management Conference Statement on all other parties at least 15 calendar days before each conference.

Not less than 15 calendar days before each Case Management Conference, each party shall file with the court and serve on all other parties a Case Management Conference Statement (Judicial Council form CM-110).

CRITICAL

Applies to

Petition for felony violation designation and resentencing

A copy of the resentencing petition must be served on the Calaveras County Office of the District Attorney.

3. I have served a copy of this petition on the Calaveras County Office of the District Attorney.

CRITICAL

Applies to

Mediation referral and information packet

The moving party must serve the mediation packet on the responding party at least five days before mediation and file proof of service before the motion hearing.

The moving party on the child custody and/or visitation motion must timely serve the responding party with the court issued “Mediation Referral and Information Packet” at least five (5) days prior to the mediation session and thereafter the moving party must file proof of service of the Mediation Referral and Information Packet with the court prior to the motion hearing date.

CRITICAL

Service

Personal service to opposing party

When temporary orders issue, the responding party must be personally served with the moving papers, orders, and required blank responsive pleadings within five days, unless the order sets a shorter service period.

Where temporary orders have been issued by the court, the responding party must be personally served with the moving papers and temporary court orders as well as any required blank responsive pleadings within five (5) days of issuance of the temporary orders unless the order specifically designates a shorter time for service.

CRITICAL

If the court rejects the requested hearing setting, the moving party must give the responding party adequate notice of the new date, time, or department.

If the court rejects the requested date, time, and/or department entered on the moving papers, the court clerk will so advise the moving party who is then responsible for providing the responding party with adequate notice of the new date, time, and/or department for the hearing.

CRITICAL

Applies to

Notice of designation

The appellant’s notice must have attached proof that the designation was served on the respondent(s).

A proof of service of the designation on respondent(s) must be attached to appellant's notice.

CRITICAL

The noticed motion to set a property-bond matter for hearing must include proof of service to the District Attorney.

To set the matter for hearing, a noticed motion with proof of service to the District Attorney must be filed with the Clerk at least 2 days prior to the date set for the hearing.

CRITICAL

If you intend to call witnesses on the day of trial, you must inform the other side and the court under the cited authorities.

IF YOU INTEND ON CALLING WITNESSES ON THE DAY OF TRIAL, YOU MUST INFORM THE OTHER SIDE (OR THE OTHER SIDE'S ATTORNEY) AND THE COURT PURSUANT TO FAMILY CODE §217(c) AND CALIFORNIA RULES OF COURT RULE 5.113.

CRITICAL

An issued alternative writ must be served in the same manner as a summons in a civil action, unless the court orders otherwise.

If issued, the alternative writ must be served in the same manner as a summons in a civil action unless the court orders otherwise.

CRITICAL

Applies to

Petition

A prerogative-writ petition must be served in the same manner as a summons and complaint.

A petition must be served in the same manner as summons and complaint.

CRITICALCivil casesCourt notice

The arbitrator must serve the award within 10 days after the arbitration hearing.

Within 10 days after the arbitration hearing, the arbitrator shall serve and file the award.(CRC 3.825)

CRITICAL

If a dismissal matter is set for hearing, the clerk must notify all appearing parties or their attorneys of record.

If the matter is set for hearing, the clerk must give notice to all parties, or their attorney(s) of record, that have appeared in the action.

CRITICAL

Counsel must serve the Settlement Conference Statement on all parties at least five court days before the scheduled conference.

It is mandatory that all counsel shall, at least five court days prior to the scheduled Settlement Conference, submit to the court and serve on all parties a Settlement Conference Statement not to exceed five pages.

CRITICAL

When selecting the requested hearing date, the moving party must observe the service timelines in Code of Civil Procedure section 1005.

In selecting the requested hearing date, the moving party must observe the filing and service time lines of Code of Civil Procedure Section 1005.

CRITICAL

Service

Mail

For the specified mailing and address situations, count the stated calendar days and then 16 court days to determine the earliest law-and-motion hearing date.

either the place of mailing or the place of address is outside the State of California but within the United States, twelve (12) calendar days if the place of address is the Secretary of State’s address confidentiality program, or twenty calendar days if either the place of mailing or the place of address is outside of the United States, and thereafter count sixteen (16) court days to determine the earliest law-and-motion calendar hearing date when the matter may be heard.

CRITICAL

All parties must receive prior notice of the application unless exceptional circumstances or clear statutory authority provide otherwise.

(Absent exceptional circumstances or clear statutory authority, ALL parties to this action must be given PRIOR notice of this application.)

CRITICAL

For a minor client, the notice must be mailed or given to the child’s current caretaker, and a minor aged 12 or older must also receive a copy.

In the case of a minor client, the notice shall be mailed or given to the current caretaker of the child. If the minor is 12 years of age or older, a copy of the notice shall be provided to the minor.

CRITICAL

The verified petition must be served before filing, and the writ application must include proof that a copy was served on the respondent and real party in interest; the petition may be filed without proof, but the court will take no action until the cited service provisions are satisfied.

Code of Civil Procedure §1107 requires service of the verified petition before it is filed and also requires that the application for a writ be accompanied by proof of service of a copy of the application upon the respondent and the real party in interest. The petition may be filed without a proof of service, but no action will be taken on the petition unless there is compliance with the service provisions of Code of Civil Procedure §§ 1107 and 1088.5 and paragraph “(e)(1)” below.

CRITICAL

Applies to

Proof of service of summons

File a separate approved Judicial Council Proof of Service of Summons form (POS-010) for each defendant or cross-defendant.

A separate Proof of Service of Summons, approved Judicial Council form Proof of Service of Summons (POS-010), shall be filed for each defendant/cross-defendant.

CRITICAL

All other parties are to receive a completed copy of the application before the hearing.

10.  Prior to the hearing, all other parties will receive a completed copy of this Application.

CRITICAL

The Case Status Conference Statement must be served on all other parties at least five days before each conference.

A Case Status Conference Statement (see Appendix “A” Form A-3) shall be filed and served on all other parties at least five (5) days before each Case Status Conference.

CRITICAL

Applies to

Witness list

When trial is scheduled less than 30 days after arraignment, the parties must exchange witness lists at the Trial Readiness Conference.

In any case in which the trial is scheduled less than 30 days after arraignment, witness lists shall be exchanged at the Trial Readiness Conference.

CRITICAL

The moving party must serve the moving papers and any required blank responsive pleadings under the statutory timelines, unless an order shortening time or temporary orders has been obtained.

The moving party’s pleadings as well as any required blank responsive pleadings must be served on the opposing party or attorney in accordance with the time frames mandated in Code of Civil Procedure § 1005 and Family Code § 215, unless an order shortening time for service or temporary orders has been obtained.

CRITICAL

Deadline

5 calendar days

Service

Mail to opposing party

For most motions served by U.S. Mail within California, omit the mailing day and count five calendar days under the stated service-timing calculation.

Most motions must be served on the opposing party in accordance with the Code of Civil Procedure § 1005(b) timelines which are calculated as follows: (1) Service by U.S. Mail – Omit the day of mailing, then count five (5) calendar days for service within California,

CRITICAL

Applies to

Adr information package

In general civil cases filed after June 30, 2001, plaintiffs must serve the ADR information package on each defendant with the complaint.

NOTICE: Pursuant to the California Rules of Court, in all general civil cases 1 filed after June 30, 2001, plaintiffs must serve a copy of this ADR information package on each defendant along with the complaint.

WARNING

A party objecting to a tentative ruling should promptly notify the opposing party of the objection’s substance in time for the parties or their attorneys to appear at the hearing.

Any party objecting to the tentative ruling should promptly notify the opposing party of the substance of the objection with sufficient time to allow all parties, or their attorneys of record, to appear in person or by telephone at the scheduled hearing.

WARNING

The emergency temporary-orders procedure is identified as applying upon one day’s prior notice of hearing.

Emergency Situations – Temporary Orders Upon 1 Day Prior Notice of Hearing.

WARNING

Service

Mail to all parties

When ordered by the Court, written notice must be mailed to all parties or their counsel of record.

Written notice thereof shall be mailed to all parties or their counsel of record as ordered by the Court.

WARNING

The moving party is advised to file proof of service with the motion; the source text is incomplete after this instruction.

The moving party is advised to file the proof of service of the moving party’s pleadings with the court at the time of filing the motion, and when that is not

WARNING

Proof of service of the Summons and Petition should also show that the Caseflow Program Notice was served.

Proof of service of the Summons and Petition should include proof that the Caseflow Program Notice was served.

WARNING

Deadline

10 calendar days

Service

Mail to opposing party

ten (10) calendar days if

ten (10) calendar days if