Contra Costa Superior Court Service and Proof of Service Rules

The filing party must notify the opposing party or counsel by 10:00 a.m. the day before presentation, absent exceptional circumstances justifying shorter notice, and submit a notice declaration with the application papers.

Notice of the filing of an ex parte application must be provided to the opposing party or their counsel no later than 10:00 a.m. the day before the application will be presented to the Court, absent a showing of exceptional circumstances justifying a shorter notice period, as provided in California Rules of Court, rule 3.1203. A declaration regarding notice must be submitted with the ex parte application papers.

Service

Email to court

The party seeking ex parte relief must email the assigned department by 10:00 a.m. on the court day before determination.

The party seeking ex parte relief must provide email notification to the assigned department no later than 10:00 am on the court day before the ex parte determination.

Oppositions to requested ex parte relief must be submitted to the Clerk's Office and served on the requesting party as soon as possible, but no later than 10:00 a.m.

Oppositions to the ex parte relief requested shall be submitted to the Clerk's Office and served on the party making the request as soon as possible, but not later than 10:00 a.m. on the

Applies to

Motion to seal

The filing party must serve each motion to seal a grand jury transcript on all parties and the court reporters.

The filing party must serve all Motions to Seal a Grand Jury Transcript on all parties and the court reporter(s).

Applies to

Sealing order

After the court issues an order sealing a grand jury transcript in whole or in part, the prevailing party must serve the order on all parties and the court reporters.

When an Order is issued by the Court to seal a Grand Jury transcript, in whole or in part, the prevailing party must serve the Order on all parties and the court reporter(s).

Counsel must follow California Rules of Court, Rule 3.110 for pleading service and filing, proofs of service, and notices of default judgment.

(1) Counsel are to be familiar with and follow with particularity the rules set forth in California Rules of Court, Rule 3.110 as to service and filing of pleadings and proofs of service and the notice of default judgments.

Applies to

Complaint

Failure to serve the complaint and file the required proof of service triggers an Order to Show Cause concerning sanctions.

(2) Upon failure to serve the complaint and file a proof of service as required, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with California Rules of Court, Rule 3.110.

Deadline

5 court days

Applies to

Responsive papers

Responsive papers to an Order to Show Cause must be served at least five court days before the hearing.

Responsive papers to the Order to Show Cause must be filed and served no less than five (5) court days in advance of the hearing.

Deadline

15 calendar days

Applies to

Case management statement

Each appearing party must serve a completed Judicial Council Form CM-110 at least 15 calendar days before the First Case Management Conference.

Each appearing party shall file and serve the completed Case Management Statement, (Judicial Council Form CM-110), at least fifteen (15) calendar days before the First Case Management Conference as provided by California Rules of Court, Rule 3.725.

Applies to

Early case management conference request

A request to advance the first case management conference must be served on every party who has appeared in the action.

Such requests must be served upon all parties that have appeared in the action.

Applies to

Motion in limine

Written motions in limine must be filed and served at least 10 calendar days before the Issue Conference.

All motions in limine must be in writing and are to be filed and served at least ten (10) calendar days before the conference.

Applies to

Summons and complaint

When the Summons and Complaint, or a cross-complaint against a new party, is served, the responding party must also receive the First Case Management Conference notice and the applicable ADR case-management stipulation or stipulation and order.

At the time of serving the Summons and Complaint (and a cross-complaint upon a new party), the responding party shall be served with the Notice of the First Case Management Conference and an ADR Case Management Stipulation and Order (Local Court Form CV- 655(b)) for Unlimited Jurisdiction Civil cases, and the ADR Case Management Stipulation.

The Issue Conference Statement must be filed with the court and served on all parties at least five court days before the conference.

Parties must file with the court and serve on all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference.

Applies to

Objections to motions in limine

Objections to motions in limine must be filed and served five calendar days before the conference, with a copy lodged in the assigned department's chambers.

Any objections to motions in limine must be filed and served five (5) calendar days before the conference, with a copy lodged with the chambers of the department to which the case is assigned.

Applies to

Witness notice

Notice of a witness's testimony date must be given to all parties no later than the end of the preceding court day.

Such notice shall be given no later than at the end of the court day preceding the court day when the witness is to testify.

Applies to

Jury questionnaire

A party seeking a written jury questionnaire must serve its proposed questionnaire on all other parties no later than 20 court days before the Issue Conference.

(1) If any party intends to request that a specific written questionnaire be submitted to the jury, said party shall, no later than twenty (20) court days before the Issue Conference, serve a proposed questionnaire on the other parties;

Applies to

Jury questionnaire

A party objecting to a questionnaire question or proposing additional questions must serve those objections or proposals on all other parties no later than 15 court days before the Issue Conference.

(2) Any party objecting to any question or proposing additional questions, shall serve said objections or proposals on all other parties no later than fifteen (15) court days before the Issue Conference;

Deadline

2 court days

Applies to

Jury questionnaire

For an approved jury questionnaire, the submitting party must deliver adequate copies to the Jury Commissioner at least two court days before trial and arrange and pay for prompt copying and distribution to the court and parties in juror-call order.

(5) If the Court approves a questionnaire, it shall be the responsibility of the party submitting a questionnaire to have an adequate number of copies delivered to the office of the Jury Commissioner no later than two (2) court days before the scheduled commencement of trial, and to arrange and pay for prompt copying and distribution of the completed questionnaire to the Court and other parties in the order in which jurors will be called; and

Moving, opposing, and reply papers must be served on the Court and all parties within the legally prescribed time.

Moving, opposing and reply papers must be filed and served with the Court and parties within the time prescribed by law.

A party requesting oral argument must notify all affected parties by 4:00 p.m. of the decision to appear and the issues to be argued; failure to provide timely notice precludes argument.

Calling counsel or self-represented parties requesting argument must advise all other affected counsel and self-represented parties by no later than 4:00 p.m. of his or her decision to appear and of the issues to be argued. Failure to timely advise the Court and counsel or self-represented parties will preclude any party from arguing the matter.

Service of a signed Order to Show Cause must be effected by a certified copy, for which no charge may be made.

When an Order to Show Cause has been signed, the original shall be filed immediately in the office of the Court Clerk and service shall be effected by a certified copy, for which no charge shall be made.

Deadline

2 calendar days

Proofs of service for motions and orders to show cause must be filed with the court clerk at least two calendar days before the hearing unless the court orders otherwise.

Unless otherwise ordered, all returns of Proof of Service of Notice of Motions and Orders to Show Cause shall be filed in the office of the Clerk of the Court not less than two (2) calendar days preceding the time set for hearings.

Applies to

Mediator report

The mediator must send the completed Mediator’s Report to the ADR Programs office, counsel, and all self-represented parties.

The mediator must forward a copy of the completed Mediator’s Report (Local Court Form ADR-305) to the ADR Programs office, counsel, and all self-represented parties.

Deadline

5 court days

Applies to

Neutral case evaluator statement

Parties must provide case information to the neutral case evaluator and other parties at least five court days before the evaluation hearing.

Parties must prepare and give information about their case to the neutral case evaluator and other parties at least five (5) court days before the evaluation hearing.

A copy of the ADR-610 facilitator-assignment request must be served on every party to the action.

A copy of the Request for Assignment of Discovery Facilitator shall also be served on all parties to the action.

Applies to

Notice of assignment

The ADR Office must serve the Notice of Assignment of Discovery Facilitator, using Local Court Form ADR-612, within 20 calendar days after receiving the assignment request.

The ADR Office shall serve a Notice of Assignment of Discovery Facilitator (Local Court Form ADR-612) within twenty (20) calendar days of receipt of a Request for Assignment of Discovery Facilitator.

Deadline

10 calendar days

Applies to

Rejection of assigned discovery facilitator

Parties must serve Local Court Form ADR-617 on the ADR Office and all parties within 10 calendar days after service of the Notice of Assignment.

Parties to the proposed motion shall have ten (10) calendar days after service of the Notice of Assignment to serve on the ADR Office and the parties in the action a Rejection of Assigned Discovery Facilitator (Local Court Form ADR-617).

Applies to

Discovery motion

The moving party must serve the formal discovery motion on the parties.

If service of the Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator does not resolve the dispute, the moving party shall have thirty (30) days from the service of the Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator to file with the clerk of the court and serve on the parties a formal Discovery Motion.

Unless otherwise ordered, motions and proofs of service must be served under California Rules of Court, Rule 4.111, and Penal Code Section 1538.5.

Unless otherwise ordered, all motions and proofs of service shall be filed and served in accordance with the time limitations set forth in California Rules of Court, Rule 4.111 and Penal Code Section 1538.5, and shall be set for hearing in the Criminal Department of the appropriate court.

Applies to

Motion

Pretrial-motion pleadings must be filed where the case is pending and served on opposing counsel in the regularly assigned office by the most expeditious available means.

All pleadings filed in connection with Pre-Trial motions shall be filed in the courthouse where the case is pending at the time the motion is filed. All pleadings shall be served on opposing counsel in his or her regularly assigned office by the most expeditious means available.

Applies to

Motion

When opposing counsel is unknown, pleadings must be served on the assigned special-unit office when applicable, or otherwise on the opposing party’s office closest to the courthouse.

If the identity of opposing counsel is not known when the pleading is filed, the following service rules shall apply: (1) if the case is being handled by a special unit, the pleading shall be served on the office of the special unit assigned to the case; (2) in all other cases, the pleading shall be served on the office of the opposing party closest to the courthouse in which the case is pending.

Applies to

Motion

In felony cases, a party filing a pleading connected to a substantive pretrial motion must simultaneously serve the Court’s Research Attorneys.

In felony cases, any party filing a pleading in connection with a substantive Pre- Trial motion shall simultaneously serve the Court’s Research Attorneys.

Applies to

Motion

Service

Email to court

Pleadings and exhibits connected to felony motions must be emailed to the Court’s Research Attorneys at ratts@contracosta.courts.ca.gov.

Pleadings and exhibits in connection with felony motions shall be served on the Research Attorneys by email at the following address: ratts@contracosta.courts.ca.gov.

Deadline

2 court days

Applies to

Reply brief

Service

Email

A defendant may reply to the warrantless-search justification, but any reply must be served by email, facsimile, or personal service at least two court days before the hearing.

The defendant may then file a reply specifying the inadequacies of the justification. Any such reply brief must be served (by email, facsimile or personal service) at least two court days before the hearing;

Deadline

5 calendar days

Service

Personal service

Absent a court order and upon a showing of good cause, moving papers on shortened time must be personally served at least five calendar days before the hearing.

(2) Except by order of the Court, upon a showing of good cause, all ex parte applications seeking to set a matter on shortened time shall provide for moving papers to be filed and personally served at least five (5) calendar days and for opposing papers to be filed and served at least two (2) calendar days before the hearing date.

The applicant must give the other party legally required notice for an ex parte order or TRO unless Family Code Section 6300 applies or notice would cause great or irreparable injury before the hearing.

Except as provided in Family Code Section 6300, unless notice of the application for an ex parte order (including an application for an order shortening time) or a Temporary Restraining Order would result in great or irreparable injury to the applicant before the matter can be heard on notice, the applicant shall give the other party the notice required by law.

Applies to

Moving and responsive papers

A current, fully completed I&E, or a Simplified Financial Statement when appropriate, must be filed and served with moving and responsive papers in financial-relief hearings, unless a qualifying I&E was filed within the preceding 90 calendar days and no significant financial changes occurred.

A fully completed, current Income and Expense Declaration (I&E) (or Simplified Financial Statement, when appropriate) shall be filed and served with moving and responsive papers in all hearings involving requests for support, attorney’s fees, costs, or other financial relief, unless the party has filed an I&E within ninety (90) calendar days of the date of the hearing and there have been no significant changes in the party’s income, assets or expenses.

Applies to

Moving and responsive pleadings

Moving and responsive pleadings must be timely filed and served under Code of Civil Procedure section 1005 or other applicable law unless the court grants prior leave for a different service time or method; untimely pleadings may not be considered.

Unless the Court has granted prior leave for different service time or method, all moving and responsive pleadings shall be timely filed and served in compliance with the provisions of Code of Civil Procedure section 1005 or any other applicable provision of law. The Court may not consider any moving or responsive pleading that was not timely filed and served.

Deadline

14 calendar days

Applies to

Witness list

A party seeking live testimony from witnesses other than the parties must file and serve a witness list describing the anticipated testimony at least 14 calendar days before the hearing.

Pursuant to Family Code Section 217, a party seeking to present live testimony from all witnesses other than the parties shall file and serve all parties with their witness list with a brief description of the anticipated testimony. This list shall be filed and served no less than fourteen (14) calendar days before hearing.

Applies to

Written report

Copies of written reports from a court-appointed Evidence Code section 730 expert must be sent to counsel or an unrepresented party at least 30 calendar days before trial.

If one or more written reports are issued by such an expert, copies of all such reports shall be transmitted to each counsel or unrepresented party at least thirty (30) calendar days before trial.

A private mediator must file and serve the required consent and qualifications declaration on all parties within 10 court days after receiving the court’s appointment order.

Within 10 court days of receiving the order of appointment by the court, the private mediator shall file and serve on all parties the “Consent to Appointment as Private Mediator or Child Custody Recommending Counselor and Declaration Regarding Qualifications” (local form FamLaw-301).”

Applies to

Status review or permanency review hearing notice

The social worker must ensure notice of status-review and permanency-review hearings is provided to the dependent child's current caregivers.

The social worker shall ensure that notice is provided to the current caregivers of a dependent child, including foster parents, relative caregivers, preadoptive parents, or nonrelative extended family members of all status review and permanency review hearings as required under W&I Code 293.

Deadline

30 calendar days

Applies to

Caregiver information form and instructions

At least 30 calendar days before the hearing, the social worker must provide the caregiver with Judicial Council Form JV-290 and the related completion and filing instructions.

The social worker shall also provide the caregiver, at least thirty (30) calendar days before such hearings, with a Caregiver Information Form (Judicial Council Form JV-290) and instructions on how to complete and file the Instructions to Complete the Caregiver Information Form (Judicial Council Form JV-290-INFO) with the court.

Applies to

Subpoena or subpoena notice

A social worker who receives a subpoena or subpoena notice for a minor in a dependency action must immediately notify the minor's counsel.

In the event that a social worker receives a subpoena or notice of a subpoena of a minor subject to a dependency action, the social worker shall provide immediate notice to minor’s counsel in the dependency action.

Deadline

5 business days

Applies to

Subpoena or subpoena notice

Notice to minor's counsel must be given no later than the later of five business days before the minor's appearance or 48 hours after the social worker receives subpoena information.

This notice shall be given at least five (5) business days before the date of the appearance of the minor child or within 48 hours of the social worker’s receipt of information of the subpoena, whichever occurs later.

Applies to

Subpoena

The social worker must provide minor's counsel with any copy of the subpoena in the social worker's possession.

The social worker is to provide minor’s counsel with a copy of the subpoena in the possession of the social worker.

Deadline

5 court days

Applies to

Casa court report

CASA must distribute copies of its court report to attorneys for all parties, County Counsel's Office, and Children and Family Services at least five court days before the hearing.

CASA shall copy the CASA court report and distribute it to attorneys of all parties to the case, County Counsel’s Office, and Children and Family Services a minimum of five court days prior to the hearing for which the report was prepared.

Applies to

Casa court report

A CASA court report may be provided only to attorneys for the parties and those individuals or entities authorized by Welfare and Institutions Code sections 827(a) and 827.10.

Other than the attorneys for the parties (for example, parents, legal guardians, Children and Family Services), no other individuals or entities are entitled to receive a copy of the CASA court report, and only those individuals or entities named in subdivision (a) of section 827 of the Welfare and Institutions Code, and those individuals or entities named in section 827.10 of the Welfare and Institutions Code are permitted to access a CASA court report.

For an ex parte order, the petitioner must notify all interested or opposing parties by fax or telephone no later than 10:00 a.m. on the day before the hearing.

Petitioner must notify all interested or opposing parties by fax or telephone no later than 10:00 a.m. on the day before the scheduled hearing as provided by CRC, Rule 3.1203 and CRC, Rule 3.1204.

An endorsed filed copy of the notice-compliance declaration must be delivered to the Probate Department before the hearing.

An endorsed filed copy of a declaration regarding notice in compliance with CRC, Rule 3.1204 must be delivered to the Probate Department prior to the hearing.

Deadline

24 hours

Service

Personal service

When a family-allowance petition is brought by someone other than the executor, a dispute is reflected in filed papers, or special notice is requested, all other parties must receive in-person or telephone notice at least 24 hours before the ex parte application.

However, if the petitioner is someone other than the executor or there is a dispute as evidenced by papers on file in the proceedings, or there is a request for special notice, then all other parties must be notified in person or by telephone at least twenty-four (24) hours in advance of the time and place where the application for the ex parte order will be made.

Applies to

Notice of petition to administer estate

Service

Publication

The petitioner, not the County Clerk, must arrange publication of the Notice of Petition to Administer Estate.

It is the responsibility of the petitioner to arrange for publication. The County Clerk does not have this responsibility.

Applies to

Petition for letters of special administration

A petition for letters of special administration requires at least 24 hours of oral or written notice to the surviving spouse or domestic partner, the nominated executor, and any other person the court determines is equitably entitled to notice.

Petitions for letters of special administration will not be granted without twenty-four (24) hour (oral or written) notice to the surviving spouse or domestic partner as defined in Probate Code Section 1894, to the person nominated as executor, and to any other person whom the Court determines to be equitably entitled to notice.

Applies to

Petition

A copy of the petition must accompany the initial Notice of Petition to Administer Estate, and the petition should not be published with that notice.

A copy of the petition must be served with the initial Notice of Petition to Administer Estate. A copy of the petition should not be published with the Notice.

Required

Always

Applies to

Petition

Service

Other

The petition must provide notice to heirs-at-law, named and contingent beneficiaries, nominated trustees, testamentary-trust beneficiaries, qualifying inter-vivos trust beneficiaries, non-petitioning executors, and the California Attorney General when a charitable trust is involved.

The following persons are entitled to NOTICE (see Probate Code § 8110): (1) Heirs of the Decedent: Whether or not a decedent died with a will, the petition must contain the names and relationships of all of the decedent’s heirs-at-law. (2) Beneficiaries Named in the Will: This includes all named contingent beneficiaries who may be entitled to share in the estate, and also includes persons provided for in the Will but whose gifts have been revoked by a subsequent modification to the will; (4) Trustee Nominee. Any nominated trustee of a trust created by the will; (5) Beneficiaries of Testamentary Trusts. ... It is not adequate merely to give notice to the trustee of a trust where beneficiaries or contingent beneficiaries are named in testamentary trusts; (6) Trustees of Inter-Vivos Trusts who will receive “pour over” gifts from the decedent’s estate. ... the Probate Division will require notice to be given to present and contingent beneficiaries of trusts where the trustee is a beneficiary of the will and the trustee is identical to the proposed personal representative; (7) Any non-petitioning Executor, including alternate executors named in the Will; and (8) The California Attorney General, where there is a charitable trust involved.

Service

Mail

When a Probate Code section directs the clerk to cause hearing notice to be mailed, counsel must perform the mailing.

If a Probate Code Section requires the clerk to “cause notice of the hearing to be mailed”, the clerk fulfills this function by requiring counsel to do the mailing. Therefore, counsel is charged with this duty.

Deadline

15 calendar days

Service

Other to other

Notice of a petition-for-distribution hearing must be served at least 15 calendar days before the hearing on affected named beneficiaries and intestate heirs, with additional notice to specified trust-related recipients.

At least fifteen (15) calendar days before the hearing of the petition, notice of the hearing must be served upon each named beneficiary whose interest is affected by the petition and to the heirs of the decedent in intestate estates. Also see Probate Code Section 1220. Notice shall also be given to: a) the trustee of any intervivos trust to which the estate pours over; b) to trust beneficiaries if required under Probate Code Section 1208; c) to the trustee of any testamentary trust.

Deadline

15 calendar days

Applies to

Final account

Proof of service on the ward must be filed, verifying service of the final account, petition, and notice of hearing at least 15 calendar days before the hearing.

Proof of service is on file verifying that a copy of the final account and petition, and notice of hearing thereon, has been served upon the ward not less than fifteen (15) calendar days before the hearing, (Probate Code Section 1460)

When a petition is based on the non-petitioning spouse’s Medi-Cal eligibility, notice must also be given to the Director of the California Department of Health Services.

(3) When the petitioner is predicated upon the non-petitioning spouse’s qualification for Medi- Cal benefits, notice shall also be given to the Director of the California Department of Health Services.

Applies to

Motion to seal

The filing party must serve every motion to seal a grand jury transcript on all parties and the court reporters.

The filing party must serve all Motions to Seal a Grand Jury Transcript on all parties and the court reporter(s).

Applies to

Sealing order

After the court issues an order sealing a grand jury transcript in whole or in part, the prevailing party must serve the order on all parties and the court reporters.

When an Order is issued by the Court to seal a Grand Jury transcript, in whole or in part, the prevailing party must serve the Order on all parties and the court reporter(s).

Service

Electronic service

A represented party, or a self-represented party that elects electronic filing and service, must provide an electronic service address when it first files a paper electronically.

Each represented party – and self-represented party upon election to participate in electronic filing and service – must provide an electronic address for service on the first occasion that party files any paper electronically.

Service

Electronic service

A party must promptly electronically file a notice of change of electronic service address or form EFS-010 when its electronic service address changes during the case.

A party whose electronic service address changes while their case is pending must promptly notify the Court and all parties by electronically filing a notice of change of electronic service address or Judicial Council form EFS-010, Notice to Change Electronic Service Address.

Applies to

Complaint

Counsel must serve the complaint and file the required proof of service; failure to do may result in an Order to Show Cause and sanctions.

Upon failure to serve the complaint and file a proof of service as required, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with California Rules of Court, Rule 3.110.

Deadline

5 court days

Applies to

Responsive papers

Responsive papers to an Order to Show Cause must be filed and served at least five court days before the hearing.

Responsive papers to the Order to Show Cause must be filed and served no less than five (5) court days in advance of the hearing.

Deadline

10 calendar days

Applies to

Motion in limine

Motions in limine must be filed and served at least ten calendar days before the Issue Conference.

All motions in limine must be in writing and are to be filed and served at least ten (10) calendar days before the conference.

Deadline

5 calendar days

Applies to

Objection to motion in limine

Objections to motions in limine must be filed and served five calendar days before the Issue Conference, with a copy lodged in the assigned department's chambers.

Any objections to motions in limine must be filed and served five (5) calendar days before the conference, with a copy lodged with the chambers of the department to which the case is assigned.

Applies to

Witness notice

Notice of a witness's intended testimony date must be given to all parties no later than the end of the preceding court day.

Such notice shall be given no later than at the end of the court day preceding the court day when the witness is to testify.

Deadline

5 court days

Applies to

Issue conference statement

Each party must file the Issue Conference Statement with the court and serve it on all parties at least five court days before the Issue Conference.

Parties must file with the court and serve all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference.

Deadline

20 court days

Applies to

Jury questionnaire

A party seeking a written jury questionnaire must serve the proposed questionnaire on all other parties no later than 20 court days before the Issue Conference.

If any party intends to request that a specific written questionnaire be submitted to the jury, said party shall, no later than twenty (20) court days before the Issue Conference, serve a proposed questionnaire on the other parties;

Deadline

15 court days

Applies to

Jury questionnaire

A party objecting to a jury question or proposing additional questions must serve those objections or proposals on all other parties no later than 15 court days before the Issue Conference.

Any party objecting to any question or proposing additional questions, shall serve said objections or proposals on all other parties no later than fifteen (15) court days before the Issue Conference;

Deadline

2 court days

Applies to

Jury questionnaire

The submitting party must deliver an adequate number of approved questionnaires to the Jury Commissioner at least two court days before trial and arrange and pay for prompt copying and distribution of the completed questionnaire to the Court and other parties.

If the Court approves a questionnaire, it shall be the responsibility of the party submitting a questionnaire to have an adequate number of copies delivered to the office of the Jury Commissioner no later than two (2) court days before the scheduled commencement of trial, and to arrange and pay for prompt copying and distribution of the completed questionnaire to the Court and other parties in the order in which jurors will be called; and

Moving, opposing, and reply papers must be served on the Court and parties within the time prescribed by law.

(1) Moving, opposing and reply papers must be filed and served with the Court and parties within the time prescribed by law. The Court will not consider late filed papers unless good cause is shown at the hearing.

The petitioner must give opposing counsel or an unrepresented party notice of the ex parte application as required by California Rules of Court, Rule 3.1203, but need not notify the Court before presenting it.

The petitioner must comply with California Rules of Court, Rule 3.1203 concerning notice to opposing counsel or unrepresented party of the intent to present an ex parte application to the Court. The petitioning party need not notify the Court before presenting the application to set hearing date and briefing schedule.

Applies to

Order to show cause

Service of a signed Order to Show Cause must be made by certified copy.

When an Order to Show Cause has been signed, the original shall be filed immediately in the Clerk’s Office and service shall be effected by a certified copy, for which no charge shall be made.

Deadline

2 calendar days

Applies to

Proof of service

Unless the court orders otherwise, returns of proof of service for motions and Orders to Show Cause must be filed at least two calendar days before the hearing.

Unless otherwise ordered, all returns of Proof of Service of Notice of Motions and Orders to Show Cause shall be filed in the Clerk’s Office not less than two (2) calendar days preceding the time set for hearings.

Applies to

Request for assignment of discovery facilitator

A copy of the Request for Assignment of Discovery Facilitator must be served on all parties to the action.

A copy of the Request for Assignment of Discovery Facilitator shall also be served on all parties to the action.

Applies to

Notice of assignment of discovery facilitator

The ADR Office must serve the Notice of Assignment of Discovery Facilitator within 20 calendar days after receiving the request.

The ADR Office shall serve a Notice of Assignment of Discovery Facilitator (Local Court Form ADR-612) within twenty (20) calendar days of receipt of a Request for Assignment of Discovery Facilitator.

Deadline

10 calendar days

Applies to

Rejection of assigned discovery facilitator

Parties have 10 calendar days after service of the Notice of Assignment to serve a Rejection of Assigned Discovery Facilitator on the ADR Office and all parties in the action.

Parties to the proposed motion shall have ten (10) calendar days after service of the Notice of Assignment to serve on the ADR Office and the parties in the action a Rejection of Assigned Discovery Facilitator (Local Court Form ADR-617).

Applies to

Recommendations of discovery facilitator and termination of appointment

If the dispute remains unresolved after the hearing, the Discovery Facilitator must serve the specified ADR-616 recommendations document on the parties within 10 days after the hearing.

If the discovery dispute is not completely resolved at the hearing, the Discovery Facilitator shall, within ten (10) days of the completion of the hearing, serve a document on the parties entitled “Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator” (Local Court Form ADR-616).

Applies to

Motion

Unless otherwise ordered, pre-trial motions and proofs of service must be filed and served under the specified time limitations and set for hearing in the appropriate Criminal Department court.

Unless otherwise ordered, all motions and proofs of service shall be filed and served in accordance with the time limitations set forth in California Rules of Court, Rule 4.111 and Penal Code Section 1538.5, and shall be set for hearing in the Criminal Department of the appropriate court.

Applies to

Pleadings

Pre-trial-motion pleadings must be filed where the case is pending and served on opposing counsel by the most expeditious means, with special procedures when opposing counsel is unknown.

All pleadings filed in connection with pre-trial motions shall be filed in the courthouse where the case is pending at the time the motion is filed. All pleadings shall be served on opposing counsel in his or her regularly assigned office by the most expeditious means available. If the identity of opposing counsel is not known when the pleading is filed, the following service rules shall apply: (1) if the case is being handled by a special unit, the pleading shall be served on the office of the special unit assigned to the case; (2) in all other cases, the pleading shall be served on the office of the opposing party closest to the courthouse in which the case is pending.

Applies to

Pleadings

Service

Email

In felony cases, pleadings and exhibits for substantive pre-trial motions must be simultaneously emailed to the Court's Research Attorneys at the stated address under Rule 4.111(a) timing.

In felony cases, any party filing a pleading in connection with a substantive pre- trial motion shall simultaneously serve the Court’s Research Attorneys in accordance with the timeframes set forth in Rule 4.111(a) of the California Rules of Court. Pleadings and exhibits in connection with felony motions shall be served on the Research Attorneys by email at the following address: ratts@contracosta.courts.ca.gov.

Deadline

2 court days

Applies to

Reply brief

The reply brief must be served by email, facsimile, or personal service at least two court days before the hearing.

Any such reply brief must be served (by email, facsimile or personal service) at least two court days before the hearing;

Applies to

Post conviction pleading or exhibit

Service

Email

In felony post-conviction matters, a party filing a pleading or exhibit in connection with a substantive motion, petition, or habeas petition must simultaneously email the Court's Research Attorneys at the stated address.

In felony cases, any party filing a pleading or exhibit in connection with a substantive post-conviction motion and petition, including a post-conviction writ of habeas corpus, shall simultaneously serve the Court’s Research Attorneys by email at: ratts@contracosta.courts.ca.gov

To withdraw a prior general time waiver in an infraction matter, the defendant must give written proper notice to both the district attorney and citing officer, ordinarily at least two days in advance.

A defendant in an infraction matter who wishes to withdraw a previous general time waiver, must give “proper notice” to the district attorney as required by Penal Code section 1382(a)(3)(A). The defendant shall also give notice to the citing officer. Such notice shall be in writing, addressed and delivered in a manner reasonably calculated to come to the immediate attention of the district attorney and the citing officer to permit the officer enough notice to ascertain availability and the court to set a trial date accordingly. Two days’ notice shall constitute proper notice.

Unless a statutory exception or imminent great or irreparable injury applies, the applicant must give the other party the legally required notice for an ex parte order, order-shortening-time application, or temporary restraining order application.

Except as provided in Family Code Section 6300, unless notice of the application for an ex parte order (including an application for an order shortening time) or a Temporary Restraining Order would result in great or irreparable injury to the applicant before the matter can be heard on notice, the applicant shall give the other party the notice required by law.

Absent prior court approval, all moving and responsive pleadings must be timely filed and served under Code of Civil Procedure section 1005 or other applicable law, and untimely pleadings may not be considered.

(4) Unless the Court has granted prior leave for different service time or method, all moving and responsive pleadings shall be timely filed and served in compliance with the provisions of Code of Civil Procedure section 1005 or any other applicable provision of law. The Court may not consider any moving or responsive pleading that was not timely filed and served.

Deadline

14 calendar days

Applies to

Witness list

A witness list with a brief description of anticipated testimony must be filed and served at least 14 calendar days before the hearing.

witness list with a brief description of the anticipated testimony. This list shall be filed and served no less than 14 calendar days before hearing.

Applies to

Review hearing update

An update for a review hearing must be filed and served at least two weeks before the hearing unless the court sets another deadline, and the update may not exceed five pages.

If any party wishes to update the Court for a review hearing, any such update shall be filed and served at least 2 weeks prior to the review hearing unless the Court specifies a different deadline. Any update shall not to exceed five pages in length.

Deadline

5 court days

Applies to

Moving papers

Unless the court grants an order shortening time, proof of timely service of the moving papers must be filed no later than five court days before the hearing.

Unless the Court has granted an order shortening time, proof of service of the moving papers shall be filed no later than 5 court days before the hearing.

After a continuance, the moving party must file proof of timely service for both the moving papers and notice of the continued hearing date.

If a hearing is continued, the moving party shall file proof of timely service of both the moving papers and notice of the continued hearing date.

When an initial FCCRC or CSC notice is issued before a response or default, the petitioner must serve a copy of the notice on the respondent.

If a response to the petition has not been filed, and a default against the respondent has not been entered, when the notice for an initial FCCRC or CSC is issued, the petitioner must serve a copy of the notice on respondent.

Deadline

30 calendar days

All written reports issued by a court-appointed Evidence Code section 730 expert must be transmitted to every counsel or unrepresented party at least 30 calendar days before trial.

If one or more written reports are issued by such an expert, copies of all such reports shall be transmitted to each counsel or unrepresented party at least 30 calendar days before trial.

The complaint must be served on the other party and a proof of service filed.

A copy of the declaration complaint shall be served provided toon the other party. and a proof of service shall be filed.

The response must be served on the other party and a proof of service filed before the next hearing.

A copy of the response shall be served provided toon the other party. and a proof of service shall be filed before the next hearing date.

Deadline

5 court days

Applies to

Motion

Notice of a motion to continue a juvenile jurisdiction hearing must be served on the opposing party at least five court days before the hearing.

after service of notice on the opposing party at least five (5) court days before the jurisdiction hearing.

Service

Email

Notice of changes in a child’s placement must be provided in writing by facsimile or email, and notice to the child’s counsel must include the child’s address, telephone number, and caregiver’s name.

(6) Notice by Children and Family Services relating to the above changes in placement must be given in writing, which includes by facsimile or email. Notice to the child’s counsel shall include the child’s address, telephone number and name of the caregiver.

The social worker must provide the current caregiver with the Caregiver Information Form and completion instructions at least 30 calendar days before the hearing.

The social worker shall also provide the caregiver, at least thirty (30) calendar days before such hearings, with a Caregiver Information Form (Judicial Council Form JV-290) and instructions on how to complete and file the Instructions to Complete the Caregiver Information Form (Judicial Council Form JV-290-INFO) with the court.

CASA must distribute the court report to attorneys for all parties, County Counsel’s Office, and Children and Family Services at least five court days before the hearing.

(b) Copying and Distribution of CASA court report. CASA shall copy the CASA court report and distribute it to attorneys of all parties to the case, County Counsel’s Office, and Children and Family Services a minimum of five court days prior to the hearing for which the report was prepared.

Only attorneys for the parties and individuals or entities identified under Welfare and Institutions Code sections 827(a) and 827.10 may receive or access a CASA court report.

(c) Access to CASA court report. Other than the attorneys for the parties (for example, parents, legal guardians, Children and Family Services), no other individuals or entities are entitled to receive a copy of the CASA court report, and only those individuals or entities named in subdivision (a) of section 827 of the Welfare and Institutions Code, and those individuals or entities named in section 827.10 of the Welfare and Institutions Code are permitted to access a CASA court report.

The District Attorney must promptly serve each victim entitled to restitution with a certified copy of the JV-790 order and file proof of service within 30 days, or file a statement of due diligence if the victim’s contact information is unavailable.

(a) forthwith serve on each victim named in a JV-790 restitution order a certified copy of that victim’s restitution order; and (b) within 30 days of the date of the Order, file with the Court proof of service of the JV-790 restitution order served pursuant to subsection (A) or, if the victim’s contact information is not available, a statement of due diligence reflecting the District Attorney’s good faith efforts to locate the victim.

Applies to

Response to tentative ruling

Endorsed filed copies of a tentative-ruling response must be delivered to the Probate Examiner.

In order to be considered, responses to tentative rulings must be filed no later than the close of business, two (2) court days before the hearing and endorsed filed copies delivered to the Probate Examiner.

For an ex parte order, the petitioner must notify all interested or opposing parties by fax, email, or telephone by 10:00 a.m. on the day before the hearing.

Petitioner must notify all interested or opposing parties by fax, email, or telephone no later than 10:00 a.m. on the day before the scheduled hearing as provided by CRC, Rule 3.1203 and CRC, Rule 3.1204.

Deadline

24 hours

When the petitioner is not the executor, a dispute is on file, or special notice is requested, all other parties must receive personal or telephone notice at least 24 hours before the ex parte application.

However, if the petitioner is someone other than the executor or there is a dispute as evidenced by papers on file in the proceedings, or there is a request for special notice, then all other parties must be notified in person or by telephone at least twenty-four (24) hours in advance of the time and place where the application for the ex parte order will be made.

A family-allowance application made more than six months after qualification of the personal representative must be noticed and calendared.

If the application is made more than six (6) months after the personal representative has qualified, it shall be noticed and placed on the calendar.

Deadline

24 hours

Applies to

Petition for letters of special administration

A petition for letters of special administration requires 24-hour oral or written notice to specified persons before the petition may be granted.

Petitions for letters of special administration will not be granted without twenty-four (24) hour (oral or written) notice to the surviving spouse or domestic partner as defined in Probate Code Section 1894, to the person nominated as executor, and to any other person whom the Court determines to be equitably entitled to notice.

Applies to

Petition

A copy of the petition must accompany the initial Notice of Petition to Administer Estate when it is served.

A copy of the petition must be served with the initial Notice of Petition to Administer Estate.

Required

Always

Notice is required for all named contingent beneficiaries and persons whose testamentary gifts were later revoked.

This includes all named contingent beneficiaries who may be entitled to share in the estate, and also includes persons provided for in the Will but whose gifts have been revoked by a subsequent modification to the will.

Required

Always

Any nominated trustee of a trust created by the decedent's will is entitled to notice.

Trustee Nomime. Any nominated trustee of a trust created by the will;

Notice must reach beneficiaries and contingent beneficiaries named in testamentary trusts; notice to the trustee alone is inadequate.

The terms “beneficiaries named in the Will” and “named contingent beneficiaries” used above include beneficiaries named in testamentary trusts. It is not adequate merely to give notice to the trustee of a trust where beneficiaries or contingent beneficiaries are named in testamentary trusts;

Present and contingent trust beneficiaries must receive notice when the trust trustee is a will beneficiary and the same person is proposed as personal representative.

Since use of applicable Judicial Council forms is mandatory and the purpose of Item 8 is to identify persons entitled to receive notice of the petition, the Probate Division will require notice to be given to present and contingent beneficiaries of trusts where the trustee is a beneficiary of the will and the trustee is identical to the proposed personal representative;

Any non-petitioning executor, including an alternate executor named in the will, is entitled to notice.

Any non-petitioning Executor, including alternate executors named in the Will; and

The California Attorney General is entitled to notice when a charitable trust is involved.

The California Attorney General, where there is a charitable trust involved (Probate Code Section 8111).

Service

Mail

When the Probate Code requires the clerk to cause notice of a hearing to be mailed, counsel must perform the mailing.

If a Probate Code Section requires the clerk to “cause notice of the hearing to be mailed,” the clerk fulfills this function by requiring counsel to do the mailing. Therefore, counsel is charged with this duty.

Applies to

Notice of petition to administer estate

Service

Publication

Publication and mailing of the Notice of Petition to Administer Estate provides notice for all probate instruments specifically referred to in the petition.

The publication and mailing of Notice of Petition to Administer Estate under Probate Code Section 8120 is sufficient to include all instruments which are offered for probate filed with, and specifically referred to in the Petition for which notice is given.

Applies to

Notice of petition to administer estate

Service

Publication

A will or supplemental instrument not specifically mentioned in the petition requires an amended or second petition and a newly published and mailed notice.

Any other Wills or supplement to a Will not specifically mentioned in the Petition must be presented to the Court in an amended or second Petition and a new Notice of Petition to Administer Estate must be published and mailed.

Applies to

Notice of petition to administer estate

Service

Publication

The petitioner, not the County Clerk, is responsible for arranging publication of the Notice of Petition to Administer Estate.

It is the responsibility of the petitioner to arrange for publication. The County Clerk does not have this responsibility.

Deadline

15 calendar days

Notice of a petition-for-distribution hearing must be served at least 15 calendar days before the hearing on affected named beneficiaries and intestate heirs, and on the specified trust trustees and, when required, trust beneficiaries.

At least fifteen (15) calendar days before the hearing of the petition, notice of the hearing must be served upon each named beneficiary whose interest is affected by the petition and to the heirs of the decedent in intestate estates. Also see Probate Code Section 1220. Notice shall also be given to: a) the trustee of any intervivos trust to which the estate pours over; b) to trust beneficiaries if required under Probate Code Section 1208; c) to the trustee of any testamentary trust.

Deadline

15 calendar days

The ward must appear at the final-account hearing unless proof of service shows that the final account, petition, and hearing notice were served at least 15 calendar days before the hearing, or the ward’s written acknowledgment of receipt and approval is on file.

An appearance by the ward at the hearing on the guardian’s final account and petition will be required unless either: (1) Proof of service is on file verifying that a copy of the final account and petition, and notice of hearing thereon, has been served upon the ward not less than fifteen (15) calendar days before the hearing, (Probate Code Section 1460), or (2) The ward’s written acknowledgment of receipt and approval of the petition and final account is on file.

Applies to

Declaration regarding notice

A copy of the declaration regarding compliance with CRC 3.1204 must be delivered to the Probate Department when the papers are presented.

A copy of a declaration regarding notice in compliance with CRC, Rule 3.1204 must be delivered to the Probate Department at the time the papers are presented.

After an unresolved discovery-facilitator hearing, the facilitator must serve the parties with the required recommendations and termination document within ten days.

If the discovery dispute is not completely resolved at the hearing, the Discovery Facilitator shall, within ten (10) days of the completion of the hearing, serve a document on the parties entitled “Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator” (Local Court Form ADR-616).

Applies to

Motion to seal

The filing party must serve every motion to seal a grand jury transcript on all parties and the court reporter(s).

The filing party must serve all Motions to Seal a Grand Jury Transcript on all parties and the court reporter(s).

Applies to

Sealing order

After the court enters an order sealing a grand jury transcript in whole or in part, the prevailing party must serve the order on all parties and the court reporter(s).

When an Order is issued by the Court to seal a Grand Jury transcript, in whole or in part, the prevailing party must serve the Order on all parties and the court reporter(s).

Counsel must follow California Rules of Court Rule 3.110 for service and filing of pleadings, proofs of service, and notices of default judgments.

Counsel are to be familiar with and follow with particularity the rules set forth in California Rules of Court, Rule 3.110 as to service and filing of pleadings and proofs of service and the notice of default judgments.

Failure to serve the complaint and file the required proof of service may result in an order to show cause and sanctions.

Upon failure to serve the complaint and file a proof of service as required, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with California Rules of Court, Rule 3.110.

Deadline

5 court days

Applies to

Responsive papers

Responsive papers to an order to show cause must be served at least five court days before the hearing.

Responsive papers to the Order to Show Cause must be filed and served no less than five (5) court days in advance of the hearing.

Deadline

5 calendar days

Applies to

Opposition statement

A party opposing an early case management conference request must lodge and serve an informal statement explaining the opposition within 5 calendar days after receiving the request.

Any party opposing a request shall lodge and serve an informal statement of opposition, with reasons, within five (5) calendar days of receiving the request.

Deadline

10 calendar days

Applies to

Motion in limine

All motions in limine must be written and filed and served at least 10 calendar days before the issue conference.

All motions in limine must be in writing and are to be filed and served at least ten (10) calendar days before the conference.

Deadline

5 calendar days

Applies to

Objection

Objections to motions in limine must be filed and served 5 calendar days before the issue conference, with a copy lodged with the assigned department's chambers.

Any objections to motions in limine must be filed and served five (5) calendar days before the conference, with a copy lodged with the chambers of the department to which the case is assigned.

Deadline

5 court days

Parties must serve the Issue Conference Statement on all parties at least five court days before the Issue Conference.

Parties must file with the court and serve all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference.

Applies to

Ex parte application

An ex parte application for relief following a settlement default must include proof of service on the defaulting party or a declaration explaining notice or requesting excusal of notice under California Rules of Court, Rule 3.1204.

An ex parte application filed pursuant to this provision must either: (A) Contain a Proof of Service showing that the application was served on the defaulting party, or (B) Include a declaration stating either: (i) Notice of the filing of the application was given to the defaulting party, specifying how and when that notice was given, or (ii) Notice should be excused pursuant to California Rules of Court, Rule 3.1204.

An ex parte applicant must give notice to opposing counsel or an unrepresented party of the intent to present the application, but need not notify the Court before presenting it; after signing, the order must be presented to the Clerk’s Office for filing.

notice to opposing counsel or unrepresented party of the intent to present an ex parte application to the Court. The petitioning party need not notify the Court before presenting the application to set hearing date and briefing schedule. Once the order is signed and a briefing schedule assigned, the party shall present the order to the Clerk’s Office for filing.

Deadline

2 calendar days

Applies to

Proof of service

Unless otherwise ordered, returns of proof of service for motions and orders to show cause must be filed at least two calendar days before the hearing.

Unless otherwise ordered, all returns of Proof of Service of Notice of Motions and Orders to Show Cause shall be filed in the Clerk’s Office not less than two (2) calendar days preceding the time set for hearings.

Applies to

Written order

In a contested matter where opposing counsel appears, the prevailing party must prepare and serve the written order on the opposing party, which must review it under California Rules of Court, Rule 3.1312.

In any contested matter, where opposing counsel appears, a written order shall be prepared and served by the prevailing party and reviewed by the opposing party, in accordance with California Rules of Court, Rule 3.1312.

Applies to

Discovery motion

The formal discovery motion must be served on the parties within thirty days after service of the facilitator recommendations if the dispute remains unresolved.

If service of the Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator does not resolve the dispute, the moving party shall have thirty (30) days from the service of the Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator to file with the clerk of the court and serve on the parties a formal Discovery Motion.

Unless otherwise ordered, criminal pre-trial motions and proofs of service must be filed and served under the cited time limitations and set for hearing in the appropriate Criminal Department.

(1) Unless otherwise ordered, all motions and proofs of service shall be filed and served in accordance with the time limitations set forth in California Rules of Court, Rule 4.111 and Penal Code Section 1538.5, and shall be set for hearing in the Criminal Department of the appropriate court.

Pre-trial motion pleadings must be filed where the case is pending and served on opposing counsel by the most expeditious means, with special procedures when opposing counsel is unknown.

(3) All pleadings filed in connection with pre-trial motions shall be filed in the courthouse where the case is pending at the time the motion is filed. All pleadings shall be served on opposing counsel in his or her regularly assigned office by the most expeditious means available. If the identity of opposing counsel is not known when the pleading is filed, the following service rules shall apply: (1) if the case is being handled by a special unit, the pleading shall be served on the office of the special unit assigned to the case; (2) in all other cases, the pleading shall be served on the office of the opposing party closest to the courthouse in which the case is pending.

Applies to

Pleadings and exhibits

Service

Email

In felony cases, pleadings in substantive pre-trial motions and related exhibits must be simultaneously emailed to the Court's Research Attorneys.

(4) In felony cases, any party filing a pleading in connection with a substantive pre- trial motion shall simultaneously serve the Court’s Research Attorneys. Pleadings and exhibits in connection with felony motions shall be served on the Research Attorneys by email at the following address: ratts@contracosta.courts.ca.gov.

Deadline

2 court days

Applies to

Reply brief

Service

Email

A defendant’s reply on an inadequate warrantless-search justification must be served at least two court days before the hearing by email, facsimile, or personal service.

3. The defendant may then file a reply specifying the inadequacies of the justification. Any such reply brief must be served (by email, facsimile or personal service) at least two court days before the hearing;

The applicant generally must give the other party legally required notice for an ex parte order, OST application, or temporary restraining order application unless a statutory exception or imminent great or irreparable injury applies.

Except as provided in Family Code Section 6300, unless notice of the application for an ex parte order (including an application for an order shortening time) or a Temporary Restraining Order would result in great or irreparable injury to the applicant before the matter can be heard on notice, the applicant shall give the other party the notice required by law.

Moving and responsive pleadings must be timely filed and served under Code of Civil Procedure section 1005 or other applicable law, unless the Court grants prior leave for a different service time or method.

Unless the Court has granted prior leave for different service time or method, all moving and responsive pleadings shall be timely filed and served in compliance with the provisions of Code of Civil Procedure section 1005 or any other applicable provision of law.

The Court may not consider a moving or responsive pleading that was not timely filed and served.

The Court may not consider any moving or responsive pleading that was not timely filed and served.

Deadline

14 calendar days

Applies to

Witness list

The witness list must be filed and served at least 14 calendar days before the hearing.

This list shall be filed and served no less than fourteen (14) calendar days before hearing.

Deadline

7 calendar days

Each party must serve the Case Management Conference Statement no later than seven calendar days before the conference.

No less than seven (7) calendar days before the date set for the Case Management Conference (CMC) each party shall file and serve a Case Management Conference Statement (Local Court Form FamLaw-113).

Applies to

Complaint declaration

A copy of a Family Court Services complaint declaration must be served on the other party, and proof of service must be filed.

A copy of the declaration shall be served on the other party and a proof of service shall be filed.

Applies to

Complaint response

A complaint response must be served on the other party, and proof of service must be filed before the next hearing date.

A copy of the response shall be served on the other party and a proof of service shall be filed before the next hearing date.

Deadline

5 court days

Applies to

Motion

Notice of a motion to continue a jurisdiction hearing must be served on the opposing party at least five court days before the hearing.

after service of notice on the opposing party at least five (5) court days before the jurisdiction hearing.

The District Attorney must promptly serve each victim named in a JV-790 restitution order with a certified copy of that victim's restitution order.

(a) forthwith serve on each victim named in a JV-790 restitution order a certified copy of that victim’s restitution order; and

The District Attorney must file proof of service of the JV-790 restitution order with the court within 30 days of the order date.

(b) within 30 days of the date of the Order, file with the Court proof of service of the JV-790 restitution order served pursuant to subsection (A) or, if the victim’s contact information

For an ex parte order, all interested or opposing parties must be notified by fax or telephone no later than 10:00 a.m. on the day before the hearing.

Petitioner must notify all interested or opposing parties by fax or telephone no later than 10:00 a.m. on the day before the scheduled hearing as provided by CRC, Rule 3.1203 and CRC, Rule 3.1204.

Deadline

24 hours

When the family allowance petitioner is not the executor, a dispute is on file, or special notice is requested, all other parties must receive in-person or telephone notice at least 24 hours before the ex parte application.

However, if the petitioner is someone other than the executor or there is a dispute as evidenced by papers on file in the proceedings, or there is a request for special notice, then all other parties must be notified in person or by telephone at least twenty-four (24) hours in advance of the time and place where the application for the ex parte order will be made.

Deadline

24 hours

Applies to

Petition for letters of special administration

A petition for letters of special administration requires at least 24 hours of oral or written notice to specified persons and any other person the court determines is equitably entitled to notice.

Petitions for letters of special administration will not be granted without twenty-four (24) hour (oral or written) notice to the surviving spouse or domestic partner as defined in Probate Code Section 1894, to the person nominated as executor, and to any other person whom the Court determines to be equitably entitled to notice.

Deadline

15 calendar days

Notice of a distribution-petition hearing must be served on affected named beneficiaries and, in intestate estates, the decedent's heirs at least 15 calendar days before the hearing.

At least fifteen (15) calendar days before the hearing of the petition, notice of the hearing must be served upon each named beneficiary whose interest is affected by the petition and to the heirs of the decedent in intestate estates.

Applies to

Petition

Service

Other

For a petition under Probate Code Section 9835, notice must be served on heirs at law in the same manner as a request for special notice.

In addition to the usual notices given on hearing of such a petition, under Probate Code Section 9835, notice shall be served on the heirs at law in the same manner as if each had filed a request for special notice.

Applies to

Petition

A petition for distribution seeking additional trustee powers not conferred by the will must provide notice under Probate Code Section 17203.

Notice must be given under Probate Code Section 17203 where the Petition for Distribution requests the Court to grant a trustee additional powers not conferred by the Will.

An endorsed filed copy of the notice-compliance declaration must be delivered to the Probate Department before the hearing.

An endorsed filed copy of a declaration regarding notice in compliance with CRC, Rule 3.1204 must be delivered to the Probate Department prior to the hearing.

Required

Always

When a spousal property transaction petition relies on the non-petitioning spouse’s Medi-Cal eligibility, notice must also be given to the Director of the California Department of Health Services.

When the petitioner is predicated upon the non-petitioning spouse’s qualification for Medi-Cal benefits, notice shall also be given to the Director of the California Department of Health Services.

Briefs must be served in compliance with California Rule of Court 8.88 and otherwise comply with California Rules of Court 8.883 and 8.884.

Briefs shall be prepared, served, and filed as provided by California Rules of Court, Rule 8.88. Briefs shall comply with the provisions of California Rules of Court 8.883 and 8.884.

Applies to

Motion to seal

A motion to seal a grand jury transcript must be served on all parties and the court reporters.

The filing party must serve all Motions to Seal a Grand Jury Transcript on all parties and the court reporter(s).

Applies to

Sealing order

The prevailing party must serve any order sealing a grand jury transcript in whole or part on all parties and the court reporters.

When an Order is issued by the Court to seal a Grand Jury transcript, in whole or in part, the prevailing party must serve the Order on all parties and the court reporter(s).

Upon receiving a transcript request, the court reporter must immediately notify all other parties and ask whether any party wants a copy.

Whenever a party requests a court reporter to furnish a transcript of all or a part of a trial or proceedings, the reporter shall immediately inform all other parties of such request and inquire whether any party desires a copy of the transcript.

Counsel must follow California Rules of Court, Rule 3.110 for service and filing of pleadings, proofs of service, and notices of default judgments.

(1) Counsel are to be familiar with and follow with particularity the rules set forth in California Rules of Court, Rule 3.110 as to service and filing of pleadings and proofs of service and the notice of default judgments.

Applies to

Complaint

Failure to serve the complaint and file the required proof of service may result in an Order to Show Cause and sanctions.

(2) Upon failure to serve the complaint and file a proof of service as required, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with California Rules of Court, Rule 3.110.

Deadline

5 court days

Applies to

Responsive papers

Responsive papers to an Order to Show Cause must be filed and served at least five court days before the hearing.

(3) Responsive papers to the Order to Show Cause must be filed and served no less than five (5) court days in advance of the hearing.

Service

Personal service

For purposes of Code of Civil Procedure section 415.20(b), reasonable diligence in attempting personal service requires good-faith personal-delivery attempts on at least three occasions across at least two days of the week, with at least one weekend attempt when service is at a dwelling.

(4) For purposes of Code of Civil Procedure section 415.20(b), a party shows reasonable diligence in attempting personal service by attempting personal delivery in good faith on at least three occasions. The party's attempts at personal service must occur on at least two different days of the week, and if service is at a dwelling, at least one attempt must occur on a Saturday or Sunday. If a party meets these requirements, a court clerk will find that the reasonable diligence requirement is met.

Applies to

Case questionnaire

A cross-complaint naming a new party in a Limited Jurisdiction Civil case must be served with a blank DISC-010 case questionnaire.

Any cross-complainant naming any new party in a Limited Jurisdiction Civil case will also be served with a blank Case Questionnaire for Limited Civil Cases (Judicial Council Form DISC-010).

Applies to

Early case management conference request

An early case-management conference request must be served on every party who has appeared in the action.

Such requests must be served upon all parties that have appeared in the action.

Applies to

Notice of first case management conference

At service of the summons and complaint, and any cross-complaint on a new party, the responding party must receive the First Case Management Conference notice and the applicable ADR case-management form.

At the time of serving the Summons and Complaint (and a cross-complaint upon a new party), the responding party shall be served with the Notice of the First Case Management Conference and an ADR Case Management Stipulation and Order (Local Court Form CV- 655(b)) for Unlimited Jurisdiction Civil cases, and the ADR Case Management Stipulation.

Applies to

Adr case management stipulation

The responding party in Unlimited Jurisdiction Civil cases and plaintiffs in Limited Jurisdiction Civil cases will receive an ADR Case Management Stipulation (Local Court Form CV-659(d)) for Limited Jurisdiction Civil cases.

The responding party in Unlimited Jurisdiction Civil cases and plaintiffs in Limited Jurisdiction Civil cases will receive an ADR Case Management Stipulation (Local Court Form CV-659(d)) for Limited Jurisdiction Civil cases.

Applies to

Case questionnaire

The responding party in a Limited Jurisdiction Civil case must also receive a blank DISC-010 case questionnaire.

The responding party in Limited Jurisdiction Civil Cases will also receive a blank Case Questionnaire for Limited Civil Cases (Judicial Council form DISC-010).

Deadline

15 calendar days

Applies to

Case management statement

Each appearing party must serve the completed Form CM-110 at least 15 calendar days before the first case-management conference.

Each appearing party shall file and serve the completed Case Management Statement, (Judicial Council Form CM-110), at least fifteen (15) calendar days before the First Case Management Conference as provided by California Rules of Court, Rule 3.725.

Deadline

5 calendar days

Applies to

Statement of opposition

A party opposing an early-conference request must lodge and serve a written statement of opposition stating its reasons within five calendar days after receiving the request.

Any party opposing a request shall lodge and serve an informal statement of opposition, with reasons, within five (5) calendar days of receiving the request.

Applies to

Motion in limine

All motions in limine must be served at least 10 calendar days before the Issue Conference.

All motions in limine must be in writing and are to be filed and served at least ten (10) calendar days before the conference.

Applies to

Objection

Objections to motions in limine must be served at least five calendar days before the Issue Conference.

Any objections to motions in limine must be filed and served five (5) calendar days before the conference, with a copy lodged with the chambers of the department to which the case is assigned.

Applies to

Notice

Notice of a witness's intended testimony must be given no later than the end of the preceding court day.

Such notice shall be given no later than at the end of the court day preceding the court day when the witness is to testify.

In non-unlawful-detainer cases, a non-defaulting party may seek additional relief after a settlement default only if the defaulting party receives notice.

(1) A settlement agreement may provide that, in the event of default, the non- defaulting party may seek additional relief from the Court. However, the non- defaulting party will not be granted additional relief without notice to the defaulting party.

Deadline

10 court days

Additional relief in non-unlawful-detainer cases must be sought by noticed motion; absent exceptional good cause, an agreed shortened hearing period may not provide less than ten court days' notice.

(2) The proper form for seeking additional relief is a noticed motion. The parties may agree, in advance, to an Order Shortening Time for the hearing of such a motion, provided that (except in exceptional cases, for good cause shown) the time for noticing the motion shall not be less than ten (10) court days.

Applies to

Motion papers

Moving, opposing, and reply papers must be served on the parties within the time prescribed by law.

(1) Moving, opposing and reply papers must be filed and served with the Court and parties within the time prescribed by law. The Court will not consider late filed papers unless good cause is shown at the hearing.

Deadline

5 calendar days

Service

Mail to all parties

Parties are deemed noticed on the hearing date, or, for matters submitted for decision, five calendar days after the Clerk mails notice of the ruling.

(3) Parties shall be deemed to have notice of the Court's ruling as of the date of the hearing, or in the case of a matter submitted for decision, as of five (5) calendar days after the date the Clerk mails notice of the Court's ruling.

Applies to

Writ petition

The petitioner must provide notice to opposing counsel or an unrepresented party, as required by California Rules of Court Rule 3.1203, of the intent to present an ex parte application.

The petitioner must comply with California Rules of Court, Rule 3.1203 concerning notice to opposing counsel or unrepresented party of the intent to present an ex parte application to the Court.

Applies to

Order to show cause

After an Order to Show Cause is signed, the original must be filed immediately with the Court Clerk, and service must be made by certified copy without charge.

When an Order to Show Cause has been signed, the original shall be filed immediately in the office of the Court Clerk and service shall be effected by a certified copy, for which no charge shall be made.

Deadline

2 calendar days

Proofs of service for motions and orders to show cause must be filed with the court clerk at least two calendar days before the hearing.

Unless otherwise ordered, all returns of Proof of Service of Notice of Motions and Orders to Show Cause shall be filed in the office of the Clerk of the Court not less than two (2) calendar days preceding the time set for hearings.

Applies to

Return of service

When court entry of default is required, the Return of Service must be filed before requesting the hearing.

unless it is a matter requiring court entry of default, in which case the Return of Service must be filed before the request for hearing.

Deadline

5 court days

Applies to

Settlement conference statement

For a mandatory settlement conference, parties must have the Clerk endorse and serve a written statement of the specified facts, law, contentions, damages, injuries, and economic claims on all parties five court days before the conference.

(1) Have endorsed by the Clerk of the Court and served on all parties five (5) court days before the conference, a written statement of the facts, law and respective contentions of the parties to prove or disprove the right of recovery, items and amount of special damages, nature and extent of injuries incurred and claimed residuals documented by medical report when possible, any wage loss claim showing methods of computation, and any claim for future medical expenses and earnings loss;

Deadline

5 court days

Applies to

Arbitration statement

The parties must provide case information to the judicial arbitrator and all other parties at least five court days before the arbitration hearing.

Parties must prepare and give information about their case to the judicial arbitrator and other parties at least five (5) court days before the arbitration hearing.

Applies to

Request for Assignment of Discovery Facilitator

A copy of the Discovery Facilitator assignment request must also be served on every party to the action.

A copy of the Request for Assignment of Discovery Facilitator shall also be served on all parties to the action.

Applies to

Request for Assignment of Discovery Facilitator

The Discovery Facilitator assignment request must be served no later than the last date for filing the Discovery Motion.

The Request for Assignment of Discovery Facilitator (Local Court Form ADR-610) must be served on or before the last date for filing the Discovery Motion.

The ADR Office must serve the Notice of Assignment of Discovery Facilitator within 20 calendar days after receiving the assignment request.

The ADR Office shall serve a Notice of Assignment of Discovery Facilitator (Local Court Form ADR-612) within twenty (20) calendar days of receipt of a Request for Assignment of Discovery Facilitator.

Deadline

10 calendar days

A party has 10 calendar days after service of the assignment notice to serve a Rejection of Assigned Discovery Facilitator on the ADR Office and all parties.

Parties to the proposed motion shall have ten (10) calendar days after service of the Notice of Assignment to serve on the ADR Office and the parties in the action a Rejection of Assigned Discovery Facilitator (Local Court Form ADR-617).

Applies to

Discovery facilitator recommendations

After an unresolved discovery-dispute hearing, the Discovery Facilitator must serve Local Court Form ADR-616 on the parties within 10 days after the hearing is completed.

If the discovery dispute is not completely resolved at the hearing, the Discovery Facilitator shall, within ten (10) days of the completion of the hearing, serve a document on the parties entitled “Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator” (Local Court Form ADR-616).

Unless otherwise ordered, motions and proofs of service must be filed and served under the specified time limitations and set for hearing in the appropriate court’s Criminal Department.

Unless otherwise ordered, all motions and proofs of service shall be filed and served in accordance with the time limitations set forth in California Rules of Court, Rule 4.111 and Penal Code Section 1538.5, and shall be set for hearing in the Criminal Department of the appropriate court.

Pretrial-motion pleadings must be filed where the case is pending and served on opposing counsel by the most expeditious available means.

All pleadings filed in connection with Pre-Trial motions shall be filed in the courthouse where the case is pending at the time the motion is filed. All pleadings shall be served on opposing counsel in his or her regularly assigned office by the most expeditious means available.

Applies to

Motion

Service

Email to court

In felony cases, pleadings in substantive pretrial motions and related exhibits must be simultaneously emailed to the court’s Research Attorneys.

In felony cases, any party filing a pleading in connection with a substantive Pre- Trial motion shall simultaneously serve the Court’s Research Attorneys. Pleadings and exhibits in connection with felony motions shall be served on the Research Attorneys by email at the following address: ratts@contracosta.courts.ca.gov.

Deadline

5 court days

Applies to

Motion

Service

Email to court

Opposing counsel must email the court’s Research Attorneys if unable to file pleadings at least five court days before the scheduled hearing.

If the party opposing a motion is unable to file pleadings at least five (5) court days before the time scheduled for the hearing as required by California Rules of Court, Rule 4.111, or as otherwise required by law, counsel shall notify the Court’s Research Attorneys by email.

Deadline

2 court days

Applies to

Reply brief

The defendant may file a reply identifying inadequacies in the justification, and the reply must be served by email, fax, or personal service at least two court days before the hearing.

The defendant may then file a reply specifying the inadequacies of the justification. Any such reply brief must be served (by email, facsimile or personal service) at least two court days before the hearing;

Deadline

5 calendar days

Applies to

Motion

Service

Personal service

Unless the court orders otherwise and good cause is shown, moving papers in an ex parte application to set a matter on shortened time must be filed and personally served at least five calendar days before the hearing, and opposing papers must be filed and served at least two calendar days before the hearing; all papers must include a proposed order.

(2) Except by order of the Court, upon a showing of good cause, all ex parte applications seeking to set a matter on shortened time shall provide for moving papers to be filed and personally served at least five (5) calendar days and for opposing papers to be filed and served at least two (2) calendar days before the hearing date. All papers, including opposition and reply papers, filed in motions brought on an order shortening time, shall be accompanied by a copy of the proposed order.

For ex parte-order and temporary-restraining-order applications, the applicant generally must give the other party legally required notice unless notice would cause great or irreparable injury, except as provided by Family Code Section 6300.

Except as provided in Family Code Section 6300, unless notice of the application for an ex parte order (including an application for an order shortening time) or a Temporary Restraining Order would result in great or irreparable injury to the applicant before the matter can be heard on notice, the applicant shall give the other party the notice required by law.

Applies to

Income and expense declaration or simplified financial statement

The current I&E or appropriate Simplified Financial Statement must be served with moving and responsive papers for financial-relief hearings, subject to the stated 90-day and unchanged-financial-circumstances exception.

A fully completed, current Income and Expense Declaration (I&E) (or Simplified Financial Statement, when appropriate) shall be filed and served with moving and responsive papers in all hearings involving requests for support, attorney’s fees, costs, or other financial relief, unless the party has filed an I&E within ninety (90) calendar days of the date of the hearing and there have been no significant changes in the party’s income, assets or expenses.

Absent prior court approval of a different service time or method, moving and responsive pleadings must be served in compliance with Code of Civil Procedure section 1005 or other applicable law.

Unless the Court has granted prior leave for different service time or method, all moving and responsive pleadings shall be timely filed and served in compliance with the provisions of Code of Civil Procedure section 1005 or any other applicable provision of law.

Deadline

14 calendar days

Applies to

Witness list

The witness list must be filed and served on all parties at least 14 calendar days before the hearing.

This list shall be filed and served no less than fourteen (14) calendar days before hearing.

Deadline

7 calendar days

Applies to

Case management conference statement

Each party must serve the Case Management Conference Statement no later than seven calendar days before the CMC.

No less than seven (7) calendar days before the date set for the Case Management Conference (CMC) each party shall file and serve a Case Management Conference Statement (Local Court Form FamLaw-113).

Applies to

Final declarations of disclosure

The parties must exchange Final Declarations of Disclosure at least 14 calendar days before the conference unless that exchange has already occurred.

Exchange Final Declarations of Disclosure (if not already done).

Applies to

Income and expense declaration

When financial relief is at issue, the parties must exchange updated income-and-expense declarations unless a qualifying recent I&E has already been filed and no significant financial changes have occurred.

If support or attorney’s fees and costs or other financial relief is at issue, the parties shall exchange and file updated I&Es, unless the party has filed an I&E within ninety (90) calendar days of the date of the hearing and there have been no significant changes in the party's income, assets or expenses.

Applies to

Separate statement of contested issues

When the parties cannot agree on a Joint Statement of Contested Issues, each party must serve a Separate Statement of Contested Issue containing the joint statement's required information.

If the parties are unable to agree upon a Joint Statement of Contested Issues, then each party shall file and serve a Separate Statement of Contested Issue which includes all of the information required for a Joint Statement of Contested Issues.

Applies to

Expert written report

Copies of all written reports issued by a mutually agreed or court-appointed Evidence Code section 730 expert must be transmitted to counsel or unrepresented parties at least 30 calendar days before trial.

(2) If one or more written reports are issued by such an expert, copies of all such reports shall be transmitted to each counsel or unrepresented party at least thirty (30) calendar days before trial.

Applies to

Family Court Services complaint declaration

The complaint declaration must be served on the other party and a proof of service must be filed.

A copy of the declaration shall be served on the other party and a proof of service shall be filed.

Applies to

Family Court Services complaint response

A written response to a Family Court Services complaint must be served on the other party, and proof of service must be filed before the next hearing.

A copy of the response shall be served on the other party and a proof of service shall be filed before the next hearing date.

Deadline

10 court days

Applies to

Private mediator consent and qualifications declaration

Within 10 court days after receiving the appointment order, the private mediator must serve local form FamLaw-301 on all parties.

Within 10 court days of receiving the order of appointment by the court, the private mediator shall file and serve on all parties the “Consent to Appointment as Private Mediator or Child Custody Recommending Counselor and Declaration Regarding Qualifications” (local form FamLaw-301).”

Deadline

5 court days

Notice of a motion to continue a jurisdiction hearing must be served on the opposing party at least five court days before the hearing.

A motion to continue the jurisdiction hearing in any proceeding shall be made and heard no less than two (2) court days before the jurisdiction hearing, after service of notice on the opposing party at least five (5) court days before the jurisdiction hearing.

Applies to

Ex parte order application

For an ex parte order, the petitioner must notify all interested or opposing parties by fax or telephone no later than 10:00 a.m. on the day before the hearing.

Petitioner must notify all interested or opposing parties by fax or telephone no later than 10:00 a.m. on the day before the scheduled hearing as provided by CRC, Rule 3.1203 and CRC, Rule 3.1204.

Applies to

Ex parte order application

An endorsed filed copy of the notice-compliance declaration must be delivered to the Probate Department before the ex parte hearing.

An endorsed filed copy of a declaration regarding notice in compliance with CRC, Rule 3.1204 must be delivered to the Probate Department prior to the hearing.

Deadline

24 hours

Applies to

Family allowance petition

When the petitioner is not the executor, a dispute is on file, or special notice is requested, all other parties must receive in-person or telephone notice at least 24 hours before the ex parte application.

However, if the petitioner is someone other than the executor or there is a dispute as evidenced by papers on file in the proceedings, or there is a request for special notice, then all other parties must be notified in person or by telephone at least twenty-four (24) hours in advance of the time and place where the application for the ex parte order will be made.

Applies to

Family allowance application

A family-allowance application made more than six months after qualification of the personal representative must be noticed and calendared rather than handled informally as an ex parte matter.

If the application is made more than six (6) months after the personal representative has qualified, it shall be noticed and placed on the calendar.

Deadline

24 hours

A petition for letters of special administration requires at least 24 hours of oral or written notice to the surviving spouse or domestic partner, nominated executor, and any other person the court finds equitably entitled to notice.

Petitions for letters of special administration will not be granted without twenty-four (24) hour (oral or written) notice to the surviving spouse or domestic partner as defined in Probate Code Section 1894, to the person nominated as executor, and to any other person whom the Court determines to be equitably entitled to notice.

Applies to

Notice of petition to administer estate

A copy of the petition must accompany the initial Notice of Petition to Administer Estate when it is served.

A copy of the petition must be served with the initial Notice of Petition to Administer Estate.

Notice is due to all named contingent beneficiaries and to persons whose testamentary gifts were revoked by a later modification to the will.

This includes all named contingent beneficiaries who may be entitled to share in the estate, and also includes persons provided for in the Will but whose gifts have been revoked by a subsequent modification to the will;

A nominated trustee of a trust created by the decedent’s will is entitled to notice.

Any nominated trustee of a trust created by the will;

When testamentary-trust beneficiaries or contingent beneficiaries are named, notice to the trustee alone is inadequate.

The terms “beneficiaries named in the Will” and “named contingent beneficiaries” used above include beneficiaries named in testamentary trusts. It is not adequate merely to give notice to the trustee of a trust where beneficiaries or contingent beneficiaries are named in testamentary trusts;

When the trustee is both a will beneficiary and the proposed personal representative, notice must also be given to present and contingent beneficiaries of the trust.

Since use of applicable Judicial Council forms is mandatory and the purpose of Item 8 is to identify persons entitled to receive notice of the petition, the Probate Division will require notice to be given to present and contingent beneficiaries of trusts where the trustee is a beneficiary of the will and the trustee is identical to the proposed personal representative;

Every non-petitioning executor, including an alternate executor named in the will, is entitled to notice.

Any non-petitioning Executor, including alternate executors named in the Will; and

The California Attorney General is entitled to notice when a charitable trust is involved.

The California Attorney General, where there is a charitable trust involved (Probate Code Section 8111).

Before waiving notice or prescribing an alternative when an heir’s or beneficiary’s address is unknown, the court requires a declaration detailing the locating efforts made.

If the address of an heir or beneficiary is unknown, the Court requires a declaration stating specifically what efforts were made to locate such heir or beneficiary before the Court will dispense with notice or prescribe an alternate form of notice.

Applies to

Notice of hearing

Service

Mail

Counsel is responsible for mailing hearing notice when a Probate Code section requires the clerk to cause notice to be mailed.

If a Probate Code Section requires the clerk to “cause notice of the hearing to be mailed”, the clerk fulfills this function by requiring counsel to do the mailing. Therefore, counsel is charged with this duty.

Applies to

Notice of petition to administer estate

Service

Publication

The petitioner is responsible for arranging publication of the Notice of Petition to Administer Estate, and the County Clerk is not responsible for arranging it.

It is the responsibility of the petitioner to arrange for publication. The County Clerk does not have this responsibility.

Applies to

Notice of petition to administer estate

Service

Publication

Any will or supplement not specifically mentioned in the petition must be raised by an amended or second petition, with a new Notice of Petition to Administer Estate published and mailed.

Any other Wills or supplement to a Will not specifically mentioned in the Petition must be presented to the Court in an amended or second Petition and a new Notice of Petition to Administer Estate must be published and mailed.

Deadline

15 calendar days

Applies to

Petition for distribution

Notice of a petition-for-distribution hearing must be served at least 15 calendar days before the hearing on each named beneficiary whose interest is affected and on the decedent's heirs in intestate estates.

At least fifteen (15) calendar days before the hearing of the petition, notice of the hearing must be served upon each named beneficiary whose interest is affected by the petition and to the heirs of the decedent in intestate estates.

Deadline

15 calendar days

Proof of service must be filed showing that the final account, petition, and notice of hearing were served on the ward at least 15 calendar days before the hearing.

Proof of service is on file verifying that a copy of the final account and petition, and notice of hearing thereon, has been served upon the ward not less than fifteen (15) calendar days before the hearing, (Probate Code Section 1460), or

A spousal-property petition predicated on the non-petitioning spouse's Medi-Cal eligibility requires additional notice to the Director of the California Department of Health Services.

When the petitioner is predicated upon the non-petitioning spouse’s qualification for Medi-Cal benefits, notice shall also be given to the Director of the California Department of Health Services.

The applicant must provide the documents and FamLaw-206 notice to the other side and, when DCSS is a party and child-support emergency relief is requested, also provide them to DCSS; this pre-filing step is notice rather than service and may be completed personally.

Deliver a copy of the document(s) to the other side along with a “Notice Upon Ex-Parte Application for Orders” (local form FamLaw-206). If DCSS is a party to your case and you are requesting emergency orders regarding child support, you must also give a copy to DCSS. This step is called notice, not service, so you can do this yourself.

Service

Personal service to opposing party

If the court grants emergency ex parte orders, the other party must receive personal service, and the applicant may not serve the applicant's own documents.

Serve the other party. If the judge granted your request for emergency (ex parte) orders, the other side must be personally served. You cannot serve your own documents.

Applies to

Proof of service

Service

Personal service

Proof of personal service must be filed before the hearing.

File the proof of service before your hearing.

Applies to

Motion to seal

The filing party must serve every motion to seal a grand jury transcript on all parties and the court reporter(s).

The filing party must serve all Motions to Seal a Grand Jury Transcript on all parties and the court reporter(s).

Applies to

Sealing order

After the court enters an order sealing a grand jury transcript in whole or in part, the prevailing party must serve the order on all parties and the court reporter(s).

When an Order is issued by the Court to seal a Grand Jury transcript, in whole or in part, the prevailing party must serve the Order on all parties and the court reporter(s).

Counsel must follow California Rules of Court Rule 3.110 for service and filing of pleadings, proofs of service, and notices of default judgments.

Counsel are to be familiar with and follow with particularity the rules set forth in California Rules of Court, Rule 3.110 as to service and filing of pleadings and proofs of service and the notice of default judgments.

Failure to serve the complaint and file the required proof of service may result in an order to show cause and sanctions.

Upon failure to serve the complaint and file a proof of service as required, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with California Rules of Court, Rule 3.110.

Deadline

5 court days

Applies to

Responsive papers

Responsive papers to an order to show cause must be served at least five court days before the hearing.

Responsive papers to the Order to Show Cause must be filed and served no less than five (5) court days in advance of the hearing.

Deadline

5 calendar days

Applies to

Opposition statement

A party opposing an early case management conference request must lodge and serve an informal statement explaining the opposition within 5 calendar days after receiving the request.

Any party opposing a request shall lodge and serve an informal statement of opposition, with reasons, within five (5) calendar days of receiving the request.

Deadline

10 calendar days

Applies to

Motion in limine

All motions in limine must be written and filed and served at least 10 calendar days before the issue conference.

All motions in limine must be in writing and are to be filed and served at least ten (10) calendar days before the conference.

Deadline

5 calendar days

Applies to

Objection

Objections to motions in limine must be filed and served 5 calendar days before the issue conference, with a copy lodged with the assigned department's chambers.

Any objections to motions in limine must be filed and served five (5) calendar days before the conference, with a copy lodged with the chambers of the department to which the case is assigned.

Deadline

5 court days

Parties must serve the Issue Conference Statement on all parties at least five court days before the Issue Conference.

Parties must file with the court and serve all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference.

Applies to

Ex parte application

An ex parte application for relief following a settlement default must include proof of service on the defaulting party or a declaration explaining notice or requesting excusal of notice under California Rules of Court, Rule 3.1204.

An ex parte application filed pursuant to this provision must either: (A) Contain a Proof of Service showing that the application was served on the defaulting party, or (B) Include a declaration stating either: (i) Notice of the filing of the application was given to the defaulting party, specifying how and when that notice was given, or (ii) Notice should be excused pursuant to California Rules of Court, Rule 3.1204.

An ex parte applicant must give notice to opposing counsel or an unrepresented party of the intent to present the application, but need not notify the Court before presenting it; after signing, the order must be presented to the Clerk’s Office for filing.

notice to opposing counsel or unrepresented party of the intent to present an ex parte application to the Court. The petitioning party need not notify the Court before presenting the application to set hearing date and briefing schedule. Once the order is signed and a briefing schedule assigned, the party shall present the order to the Clerk’s Office for filing.

Deadline

2 calendar days

Applies to

Proof of service

Unless otherwise ordered, returns of proof of service for motions and orders to show cause must be filed at least two calendar days before the hearing.

Unless otherwise ordered, all returns of Proof of Service of Notice of Motions and Orders to Show Cause shall be filed in the Clerk’s Office not less than two (2) calendar days preceding the time set for hearings.

Applies to

Written order

In a contested matter where opposing counsel appears, the prevailing party must prepare and serve the written order on the opposing party, which must review it under California Rules of Court, Rule 3.1312.

In any contested matter, where opposing counsel appears, a written order shall be prepared and served by the prevailing party and reviewed by the opposing party, in accordance with California Rules of Court, Rule 3.1312.

Applies to

Discovery motion

The formal discovery motion must be served on the parties within thirty days after service of the facilitator recommendations if the dispute remains unresolved.

If service of the Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator does not resolve the dispute, the moving party shall have thirty (30) days from the service of the Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator to file with the clerk of the court and serve on the parties a formal Discovery Motion.

Unless otherwise ordered, criminal pre-trial motions and proofs of service must be filed and served under the cited time limitations and set for hearing in the appropriate Criminal Department.

(1) Unless otherwise ordered, all motions and proofs of service shall be filed and served in accordance with the time limitations set forth in California Rules of Court, Rule 4.111 and Penal Code Section 1538.5, and shall be set for hearing in the Criminal Department of the appropriate court.

Pre-trial motion pleadings must be filed where the case is pending and served on opposing counsel by the most expeditious means, with special procedures when opposing counsel is unknown.

(3) All pleadings filed in connection with pre-trial motions shall be filed in the courthouse where the case is pending at the time the motion is filed. All pleadings shall be served on opposing counsel in his or her regularly assigned office by the most expeditious means available. If the identity of opposing counsel is not known when the pleading is filed, the following service rules shall apply: (1) if the case is being handled by a special unit, the pleading shall be served on the office of the special unit assigned to the case; (2) in all other cases, the pleading shall be served on the office of the opposing party closest to the courthouse in which the case is pending.

Applies to

Pleadings and exhibits

Service

Email

In felony cases, pleadings in substantive pre-trial motions and related exhibits must be simultaneously emailed to the Court's Research Attorneys.

(4) In felony cases, any party filing a pleading in connection with a substantive pre- trial motion shall simultaneously serve the Court’s Research Attorneys. Pleadings and exhibits in connection with felony motions shall be served on the Research Attorneys by email at the following address: ratts@contracosta.courts.ca.gov.

Deadline

2 court days

Applies to

Reply brief

Service

Email

A defendant’s reply on an inadequate warrantless-search justification must be served at least two court days before the hearing by email, facsimile, or personal service.

3. The defendant may then file a reply specifying the inadequacies of the justification. Any such reply brief must be served (by email, facsimile or personal service) at least two court days before the hearing;

The applicant generally must give the other party legally required notice for an ex parte order, OST application, or temporary restraining order application unless a statutory exception or imminent great or irreparable injury applies.

Except as provided in Family Code Section 6300, unless notice of the application for an ex parte order (including an application for an order shortening time) or a Temporary Restraining Order would result in great or irreparable injury to the applicant before the matter can be heard on notice, the applicant shall give the other party the notice required by law.

Moving and responsive pleadings must be timely filed and served under Code of Civil Procedure section 1005 or other applicable law, unless the Court grants prior leave for a different service time or method.

Unless the Court has granted prior leave for different service time or method, all moving and responsive pleadings shall be timely filed and served in compliance with the provisions of Code of Civil Procedure section 1005 or any other applicable provision of law.

The Court may not consider a moving or responsive pleading that was not timely filed and served.

The Court may not consider any moving or responsive pleading that was not timely filed and served.

Deadline

14 calendar days

Applies to

Witness list

The witness list must be filed and served at least 14 calendar days before the hearing.

This list shall be filed and served no less than fourteen (14) calendar days before hearing.

Deadline

7 calendar days

Each party must serve the Case Management Conference Statement no later than seven calendar days before the conference.

No less than seven (7) calendar days before the date set for the Case Management Conference (CMC) each party shall file and serve a Case Management Conference Statement (Local Court Form FamLaw-113).

Deadline

30 calendar days

Applies to

Expert report

Copies of written reports issued by a court-appointed Evidence Code section 730 expert must be transmitted to each counsel or unrepresented party at least 30 calendar days before trial.

If one or more written reports are issued by such an expert, copies of all such reports shall be transmitted to each counsel or unrepresented party at least thirty (30) calendar days before trial.

Communications between Family Court Services personnel and parties or attorneys must occur by telephone conference or in writing, with copies sent to the other party or attorney even when the counselor initiates the communication.

All communication between Family Court Services Mediators and Child Custody Recommending Counselors and the parties/attorneys shall be by telephone conference or in writing, with copies sent to the other party/attorney, even where the Mediators and Child Custody Recommending Mediator/Child Counselor initiates the communication.

Written communications must be sent simultaneously and by the same fax, mail, or email method to all parties or attorneys.

If the communication is in writing, the party submitting the writing shall send it to the parties/attorneys simultaneously and by the same method (i.e., fax, mail or email). Email and faxes shall also be copied to all parties/attorneys.

A copy of a Family Court Services complaint declaration must be served on the other party, and a proof of service must be filed.

A copy of the declaration shall be served on the other party and a proof of service shall be filed.

Applies to

Complaint

The complaining party must also provide a copy of the complaint declaration to the Manager of Family Court Services.

The party shall also provide a copy of the declaration to the Manager of Family Court Services.

Applies to

Response

A party filing a written response must also provide a copy to the Manager of Family Court Services.

The responding party shall also provide a copy of the written response to the Manager of Family Court Services.

Deadline

5 court days

Applies to

CASA court report

At least five court days before the covered hearing, CASA must copy and distribute its court report to attorneys for all parties, County Counsel’s Office, and Children and Family Services.

(b) Copying and Distribution of CASA court report. CASA shall copy the CASA court report and distribute it to attorneys of all parties to the case, County Counsel’s Office, and Children and Family Services a minimum of five court days prior to the hearing for which the report was prepared.

Applies to

JV 790 restitution order

In a Welfare and Institutions Code section 602 case with awarded victim restitution, the District Attorney must promptly serve each victim with a certified copy of the JV-790 restitution order and file proof of service within 30 days of the order, or file a statement of due diligent efforts if the victim’s contact information is unavailable.

In any Welfare & Institutions Code section 602 case in which the Court awarded victim restitution, the Court shall, before terminating the juvenile’s probation, execute for each victim still entitled to restitution a JV-790 restitution order converting any outstanding restitution award to a civil judgment. The District Attorney in all such cases shall: (a) forthwith serve on each victim named in a JV-790 restitution order a certified copy of that victim’s restitution order; and (b) within 30 days of the date of the Order, file with the Court proof of service of the JV-790 restitution order served pursuant to subsection (A) or, if the victim’s contact information is not available, a statement of due diligence reflecting the District Attorney’s good faith efforts to locate the victim.

Deadline

2 court days

Applies to

Response to tentative ruling

Endorsed filed copies of the response must be delivered to the Probate Examiner by the same filing deadline.

In order to be considered, responses to tentative rulings must be filed no later than the close of business, two (2) court days before the hearing and endorsed filed copies delivered to the Probate Examiner.

For an ex parte order, the petitioner must notify all interested or opposing parties by fax or telephone no later than 10:00 a.m. on the day before the hearing.

Petitioner must notify all interested or opposing parties by fax or telephone no later than 10:00 a.m. on the day before the scheduled hearing as provided by CRC, Rule 3.1203 and CRC, Rule 3.1204.

Deadline

24 hours

Applies to

Family allowance petition

Service

Personal service to opposing party

When the family allowance petition is filed by someone other than the executor, a dispute is on file, or special notice is requested, all other parties must receive in-person or telephone notice at least 24 hours before the ex parte application.

However, if the petitioner is someone other than the executor or there is a dispute as evidenced by papers on file in the proceedings, or there is a request for special notice, then all other parties must be notified in person or by telephone at least twenty-four (24) hours in advance of the time and place where the application for the ex parte order will be made.

Applies to

Family allowance application

A family allowance application made more than six months after the personal representative qualifies must be noticed and placed on the court calendar.

If the application is made more than six (6) months after the personal representative has qualified, it shall be noticed and placed on the calendar.

Deadline

24 hours

A petition for letters of special administration requires at least 24 hours of oral or written notice to the surviving spouse or domestic partner, nominated executor, and any other person the court finds equitably entitled to notice.

Petitions for letters of special administration will not be granted without twenty-four (24) hour (oral or written) notice to the surviving spouse or domestic partner as defined in Probate Code Section 1894, to the person nominated as executor, and to any other person whom the Court determines to be equitably entitled to notice.

A copy of the petition must accompany the initial Notice of Petition to Administer Estate when it is served.

A copy of the petition must be served with the initial Notice of Petition to Administer Estate.

Notice is due to named will beneficiaries, including contingent beneficiaries and persons whose gifts were revoked by a later modification of the will.

Beneficiaries Named in the Will: This includes all named contingent beneficiaries who may be entitled to share in the estate, and also includes persons provided for in the Will but whose gifts have been revoked by a subsequent modification to the will;

For a deceased heir or beneficiary, see California Rules of Court, Rule 7.51(e); if they died before the decedent, also see Probate Code § 21110.

Deceased Heir or Beneficiary (See California Rules of Court, Rule 7.51(e)); if heir or beneficiary died before decedent, see also Probate Code § 21110.

Any nominated trustee of a trust created by the will is entitled to notice.

Trustee Nominee. Any nominated trustee of a trust created by the will;

Notice to testamentary-trust beneficiaries is required, and notice only to the trustee is inadequate when named or contingent beneficiaries exist.

The terms “beneficiaries named in the Will” and “named contingent beneficiaries” used above include beneficiaries named in testamentary trusts. It is not adequate merely to give notice to the trustee of a trust where beneficiaries or contingent beneficiaries are named in testamentary trusts;

When a will-beneficiary trustee is also the proposed personal representative, present and contingent trust beneficiaries must receive notice.

Since use of applicable Judicial Council forms is mandatory and the purpose of Item 8 is to identify persons entitled to receive notice of the petition, the Probate Division will require notice to be given to present and contingent beneficiaries of trusts where the trustee is a beneficiary of the will and the trustee is identical to the proposed personal representative;

Notice is required for every non-petitioning executor, including alternate executors named in the will.

Any non-petitioning Executor, including alternate executors named in the Will; and

The California Attorney General is entitled to notice when a charitable trust is involved.

The California Attorney General, where there is a charitable trust involved (Probate Code Section 8111).

Service

Mail

When a Probate Code provision directs the clerk to mail notice of a hearing, counsel must arrange the mailing.

If a Probate Code Section requires the clerk to “cause notice of the hearing to be mailed,” the clerk fulfills this function by requiring counsel to do the mailing. Therefore, counsel is charged with this duty.

Service

Publication

Publication and mailing of a Notice of Petition to Administer Estate covers all filed probate instruments specifically identified in the petition for which notice is given.

The publication and mailing of Notice of Petition to Administer Estate under Probate Code Section 8120 is sufficient to include all instruments which are offered for probate filed with, and specifically referred to in the Petition for which notice is given.

Service

Publication

A will or supplement not specifically identified in the petition must be included in an amended or second petition, followed by publication and mailing of a new notice.

Any other Wills or supplement to a Will not specifically mentioned in the Petition must be presented to the Court in an amended or second Petition and a new Notice of Petition to Administer Estate must be published and mailed.

Service

Publication

The petitioner, not the County Clerk, is responsible for arranging publication of the Notice of Petition to Administer Estate.

It is the responsibility of the petitioner to arrange for publication. The County Clerk does not have this responsibility.

Deadline

15 calendar days

Applies to

Notice of hearing

Notice of a petition-for-distribution hearing must be served at least 15 calendar days before the hearing on each affected named beneficiary and, in intestate estates, on the decedent's heirs.

At least fifteen (15) calendar days before the hearing of the petition, notice of the hearing must be served upon each named beneficiary whose interest is affected by the petition and to the heirs of the decedent in intestate estates.

Required

Always

Applies to

Notice of hearing

A petition-for-distribution hearing notice must also be given to applicable trust trustees and, when Probate Code Section 1208 requires it, trust beneficiaries.

Notice shall also be given to: a) the trustee of any intervivos trust to which the estate pours over; b) to trust beneficiaries if required under Probate Code Section 1208; c) to the trustee of any testamentary trust.

In addition to the usual hearing notices, notice must be served on heirs at law in the same manner as a request for special notice.

In addition to the usual notices given on hearing of such a petition, under Probate Code Section 9835, notice shall be served on the heirs at law in the same manner as if each had filed a request for special notice.

The filing party must serve every motion to seal a grand jury transcript on all parties and all court reporters.

The filing party must serve all Motions to Seal a Grand Jury Transcript on all parties and the court reporter(s).

When the court issues an order sealing a grand jury transcript in whole or part, the prevailing party must serve the order on all parties and all court reporters.

When an Order is issued by the Court to seal a Grand Jury transcript, in whole or in part, the prevailing party must serve the Order on all parties and the court reporter(s).

For filings to which service is required, the complete document must be served on all parties by the applicable deadlines and accompanied by a certificate of service.

The complete document must, where required, be served on all parties in accordance with applicable time limits, and a certificate to that effect must accompany the filing.

Counsel must follow California Rules of Court, Rule 3.110 for serving and filing pleadings, proofs of service, and notices of default judgment.

Counsel are to be familiar with and follow with particularity the rules set forth in California Rules of Court, Rule 3.110 as to service and filing of pleadings and proofs of service and the notice of default judgments.

Applies to

Complaint

Counsel must serve the complaint and file the required proof of service; failure to do so may result in an Order to Show Cause and sanctions.

Upon failure to serve the complaint and file a proof of service as required, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with California Rules of Court, Rule 3.110.

Service

Personal service

Reasonable diligence in attempting personal service requires at least three good-faith personal-delivery attempts on at least two different days, including at least one weekend attempt when service is at a dwelling.

For purposes of Code of Civil Procedure section 415.20(b), a party shows reasonable diligence in attempting personal service by attempting personal delivery in good faith on at least three occasions. The party's attempts at personal service must occur on at least two different days of the week, and if service is at a dwelling, at least one attempt must occur on a Saturday or Sunday. If a party meets these requirements, a court clerk will find that the reasonable diligence requirement is met.

Motions in limine must be served at least ten calendar days before the issue conference.

All motions in limine must be in writing and are to be filed and served at least ten (10) calendar days before the conference.

Objections to motions in limine must be served five calendar days before the issue conference.

Any objections to motions in limine must be filed and served five (5) calendar days before the conference, with a copy lodged with the chambers of the department to which the case is assigned.

Applies to

Issue conference statement

Parties must serve the Issue Conference Statement on all other parties at least five court days before the issue conference.

Parties must file with the court and serve all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference.

Deadline

20 court days

A party intending to request a written jury questionnaire must serve a proposed questionnaire on the other parties no later than 20 court days before the Issue Conference.

If any party intends to request that a specific written questionnaire be submitted to the jury, said party shall, no later than twenty (20) court days before the Issue Conference, serve a proposed questionnaire on the other parties;

Deadline

15 court days

A party objecting to or proposing jury questionnaire questions must serve its objections or proposals on all other parties no later than 15 court days before the Issue Conference.

Any party objecting to any question or proposing additional questions, shall serve said objections or proposals on all other parties no later than fifteen (15) court days before the Issue Conference;

Deadline

2 court days

The party submitting a court-approved jury questionnaire must deliver adequate copies to the Jury Commissioner no later than 2 court days before trial and arrange and pay for copying and distribution of completed questionnaires.

If the Court approves a questionnaire, it shall be the responsibility of the party submitting a questionnaire to have an adequate number of copies delivered to the office of the Jury Commissioner no later than two (2) court days before the scheduled commencement of trial, and to arrange and pay for prompt copying and distribution of the completed questionnaire to the Court and other parties in the order in which jurors will be called;

An ex parte application for additional relief after a settlement default must contain a proof of service showing service on the defaulting party, unless the alternative declaration requirement is satisfied.

(A) Contain a Proof of Service showing that the application was served on the defaulting party, or

Deadline

10 court days

Except in exceptional cases for good cause shown, the motion must be noticed at least 10 court days in advance.

provided that (except in exceptional cases, for good cause shown) the time for noticing the motion shall not be less than ten (10) court days.

Deadline

2 calendar days

Applies to

Proof of service

Proofs of Service for motions and Orders to Show Cause must be filed with the clerk at least two calendar days before the hearing unless the court orders otherwise.

Unless otherwise ordered, all returns of Proof of Service of Notice of Motions and Orders to Show Cause shall be filed in the Clerk’s Office not less than two (2) calendar days preceding the time set for hearings.

Applies to

Complaint

Service

Personal service

Failure to serve the complaint and file the required proof of service may result in an Order to Show Cause concerning sanctions.

Upon failure to serve the complaint and file a proof of service as required, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with California Rules of Court, Rule 3.110.

Deadline

5 court days

Applies to

Order to show cause response

Papers responding to an Order to Show Cause must be served at least five court days before the hearing.

Responsive papers to the Order to Show Cause must be filed and served no less than five (5) court days in advance of the hearing.

Service

Personal service

Reasonable diligence in attempting personal service requires at least three good-faith personal-delivery attempts on at least two different days, including a weekend attempt when service occurs at a dwelling.

For purposes of Code of Civil Procedure section 415.20(b), a party shows reasonable diligence in attempting personal service by attempting personal delivery in good faith on at least three occasions. The party's attempts at personal service must occur on at least two different days of the week, and if service is at a dwelling, at least one attempt must occur on a Saturday or Sunday. If a party meets these requirements, a court clerk will find that the reasonable diligence requirement is met.

Applies to

Case management statement

Each appearing party must serve the completed Case Management Statement at least 15 calendar days before the first case management conference.

Each appearing party shall file and serve the completed Case Management Statement, (Judicial Council Form CM-110), at least fifteen (15) calendar days before the First Case Management Conference as provided by California Rules of Court, Rule 3.725.

A request for an early case management conference must be served on all parties who have appeared in the action.

Such requests must be served upon all parties that have appeared in the action.

Applies to

Motion in limine

Written motions in limine must be served at least 10 calendar days before the issue conference.

All motions in limine must be in writing and are to be filed and served at least ten (10) calendar days before the conference.

Applies to

Objection to motion in limine

Objections to motions in limine must be served five calendar days before the issue conference.

Any objections to motions in limine must be filed and served five (5) calendar days before the conference, with a copy lodged with the chambers of the department to which the case is assigned.

Applies to

Issue conference statement

The Issue Conference Statement must be served on all parties at least five court days before the conference.

Parties must file with the court and serve all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference.

Applies to

Jury questionnaire

A party seeking a written jury questionnaire must serve its proposed questionnaire on all other parties no later than 20 court days before the Issue Conference.

If any party intends to request that a specific written questionnaire be submitted to the jury, said party shall, no later than twenty (20) court days before the Issue Conference, serve a proposed questionnaire on the other parties;

Applies to

Jury questionnaire

A party objecting to or proposing jury questions must serve the objections or proposals on all other parties no later than 15 court days before the Issue Conference.

Any party objecting to any question or proposing additional questions, shall serve said objections or proposals on all other parties no later than fifteen (15) court days before the Issue Conference;

Applies to

Jury questionnaire

The submitting party must deliver an adequate number of approved questionnaires to the Jury Commissioner at least two court days before trial and arrange and pay for prompt copying and distribution of completed questionnaires.

If the Court approves a questionnaire, it shall be the responsibility of the party submitting a questionnaire to have an adequate number of copies delivered to the office of the Jury Commissioner no later than two (2) court days before the scheduled commencement of trial, and to arrange and pay for prompt copying and distribution of the completed questionnaire to the Court and other parties in the order in which jurors will be called; and

Applies to

Ex parte application

An ex parte application for relief after a settlement default must include proof of service on the defaulting party or a declaration explaining notice or requesting that notice be excused under Rule 3.1204.

An ex parte application filed pursuant to this provision must either: (A) Contain a Proof of Service showing that the application was served on the defaulting party, or (B) Include a declaration stating either: (i) Notice of the filing of the application was given to the defaulting party, specifying how and when that notice was given, or (ii) Notice should be excused pursuant to California Rules of Court, Rule 3.1204.

Service

Mail

Notice to the allegedly defaulting party is required unless excused under California Rules of Court, Rule 3.1204; mail notice extends the hearing date by three calendar days.

(B) Notice to the allegedly defaulting party unless notice is excused pursuant to California Rules of Court, Rule 3.1204. If notice is given by mail, the time for hearing the ex parte application will be extended by three (3) calendar days.

Notice of an application for further relief must state that the party has applied, describe the requested relief, and identify when the relief will be sought.

(3) A statement that the non-defaulting party told the defaulting party that it "would be applying" for further relief is not adequate. The non-defaulting party must give notice that it "has applied" for relief, describing the relief requested and the time at which the relief will be sought.

Applies to

Application for additional relief

In non-unlawful-detainer cases, a settlement agreement may authorize additional relief after default, but additional relief cannot be granted without notice to the defaulting party.

(1) A settlement agreement may provide that, in the event of default, the non- defaulting party may seek additional relief from the Court. However, the non- defaulting party will not be granted additional relief without notice to the defaulting party.

Applies to

Motion papers

Moving, opposing, and reply papers must be served with the Court and parties within the time prescribed by law.

Moving, opposing and reply papers must be filed and served with the Court and parties within the time prescribed by law.

A petitioner must provide notice to opposing counsel or an unrepresented party, as required by California Rules of Court, Rule 3.1203, of the intent to present an ex parte application.

The petitioner must comply with California Rules of Court, Rule 3.1203 concerning notice to opposing counsel or unrepresented party of the intent to present an ex parte application to the Court.

A copy of the resulting writ order must be delivered to the hearing department and the Research Attorney’s Office.

A copy of the resulting order concerning the writ is to be delivered to the department in which the writ will be heard as well as to the Research Attorney’s Office.

An ex parte application may be heard only after the papers are provided to the court and appearing counsel and both have had adequate time to review them; whenever practicable, moving papers should be served before the hearing.

Ex parte applications will be heard only after each party with papers to present has given them to the Court and other counsel who appear, and after both Court and counsel have had adequate time to review them. Therefore, whenever practicable, moving papers should be served on the affected party or that party’s attorney by personal delivery, telecopy (fax), express mail, messenger, or similar means before the hearing.

Deadline

2 calendar days

Unless the court orders otherwise, returns of proof of service for motions and orders to show cause must be filed in the Clerk’s Office at least two calendar days before the hearing.

Unless otherwise ordered, all returns of Proof of Service of Notice of Motions and Orders to Show Cause shall be filed in the Clerk’s Office not less than two (2) calendar days preceding the time set for hearings.

In a contested matter in which opposing counsel appears, the prevailing party must serve the written order on the opposing party.

In any contested matter, where opposing counsel appears, a written order shall be prepared and served by the prevailing party and reviewed by the opposing party, in accordance with California Rules of Court, Rule 3.1312.

Applies to

Request for Assignment of Discovery Facilitator

A copy of the facilitator-assignment request must also be served on every party to the action.

A copy of the Request for Assignment of Discovery Facilitator shall also be served on all parties to the action.

Applies to

Request for Assignment of Discovery Facilitator

The facilitator-assignment request must be served no later than the final filing date for the discovery motion.

The Request for Assignment of Discovery Facilitator (Local Court Form ADR-610) must be served on or before the last date for filing the Discovery Motion.

Applies to

Recommendations of discovery facilitator

Within 10 days after the hearing, the Discovery Facilitator must serve the parties the document entitled “Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator,” using Local Court Form ADR-616.

The Discovery Facilitator shall, within ten (10) days of the completion of the hearing, serve a document on the parties entitled “Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator” (Local Court Form ADR-616).

Applies to

Formal discovery motion

If service of the Facilitator's recommendations does not resolve the dispute, the moving party must file and serve a formal discovery motion within 30 days after service of those recommendations.

The moving party shall have thirty (30) days from the service of the Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator to file with the clerk of the court and serve on the parties a formal Discovery Motion.

Applies to

Motion

Pleadings for pretrial motions must be filed where the case is pending and served on opposing counsel by the most expeditious available means.

All pleadings filed in connection with pre-trial motions shall be filed in the courthouse where the case is pending at the time the motion is filed. All pleadings shall be served on opposing counsel in his or her regularly assigned office by the most expeditious means available.

Applies to

Motion

When opposing counsel is unknown, serve the pleading on the assigned special unit's office for special-unit cases, or otherwise on the opposing-party office closest to the courthouse where the case is pending.

If the identity of opposing counsel is not known when the pleading is filed, the following service rules shall apply: (1) if the case is being handled by a special unit, the pleading shall be served on the office of the special unit assigned to the case; (2) in all other cases, the pleading shall be served on the office of the opposing party closest to the courthouse in which the case is pending.

Applies to

Motion

Service

Email

In felony cases, pleadings and exhibits connected with substantive pretrial motions must be simultaneously emailed to the Court's Research Attorneys at ratts@contracosta.courts.ca.gov.

In felony cases, any party filing a pleading in connection with a substantive pre- trial motion shall simultaneously serve the Court’s Research Attorneys. Pleadings and exhibits in connection with felony motions shall be served on the Research Attorneys by email at the following address: ratts@contracosta.courts.ca.gov.

Deadline

2 court days

Applies to

Reply brief

A reply brief in a motion to suppress must be served by email, facsimile, or personal service at least two court days before the hearing.

3. The defendant may then file a reply specifying the inadequacies of the justification. Any such reply brief must be served (by email, facsimile or personal service) at least two court days before the hearing;

The applicant generally must give the other party legally required notice for ex parte-order and temporary-restraining-order applications, subject to the stated statutory and imminent-injury exceptions.

Except as provided in Family Code Section 6300, unless notice of the application for an ex parte order (including an application for an order shortening time) or a Temporary Restraining Order would result in great or irreparable injury to the applicant before the matter can be heard on notice, the applicant shall give the other party the notice required by law.

Applies to

Moving and responsive pleadings

Absent prior Court approval of a different service time or method, moving and responsive pleadings must be timely filed and served under Code of Civil Procedure section 1005 or other applicable law; untimely pleadings may not be considered.

(4) Unless the Court has granted prior leave for different service time or method, all moving and responsive pleadings shall be timely filed and served in compliance with the provisions of Code of Civil Procedure section 1005 or any other applicable provision of law. The Court may not consider any moving or responsive pleading that was not timely filed and served.

Deadline

14 calendar days

Applies to

Witness list

A party seeking live testimony from witnesses other than the parties must file and serve all parties with a witness list and a brief description of anticipated testimony at least 14 calendar days before the hearing.

(5) Pursuant to Family Code section 217, a party seeking to present live testimony from all witnesses other than the parties shall file and serve all parties with their witness list with a brief description of the anticipated testimony. This list shall be filed and served no less than 14 calendar days before hearing.

Deadline

5 court days

Applies to

Motion

Proof of service of the moving papers must be filed no later than five court days before the hearing unless the Court has shortened the time.

Unless the Court has granted an order shortening time, proof of service of the moving papers shall be filed no later than 5 court days before the hearing.

Applies to

Motion

When a hearing is continued, the moving party must file proof of timely service for both the moving papers and notice of the continued hearing date.

If a hearing is continued, the moving party shall file proof of timely service of both the moving papers and notice of the continued hearing date.

Deadline

14 calendar days

Applies to

Written settlement offer

At least 14 calendar days before the conference, the parties must exchange sufficiently specific and enforceable written settlement offers and bring their own proposal to the conference.

At least 14 calendar days before the Mandatory Settlement Conference, the parties shall: (A) Exchange written offers of settlement in sufficient specificity to be enforceable that, if accepted, would resolve all issues remaining in dispute. Each party shall bring a copy of that party's written proposal to the settlement conference.

Deadline

14 calendar days

Applies to

Final declaration of disclosure

Service

Other to all parties

Unless already exchanged, the parties must exchange Final Declarations of Disclosure at least 14 calendar days before the Mandatory Settlement Conference.

At least 14 calendar days before the Mandatory Settlement Conference, the parties shall: (B) Exchange Final Declarations of Disclosure (if not already done).

Deadline

30 calendar days

All written reports from a court-appointed Evidence Code section 730 expert must be transmitted to every counsel or unrepresented party at least 30 calendar days before trial.

If one or more written reports are issued by such an expert, copies of all such reports shall be transmitted to each counsel or unrepresented party at least 30 calendar days before trial.

Applies to

Family court services complaint

A party filing a written Family Court Services misconduct complaint must serve the declaration on the other party and file proof of service.

A copy of the declaration shall be served on the other party and a proof of service shall be filed.

Applies to

Family court services complaint response

Any written response to a Family Court Services complaint must be served on the other party, with proof of service filed before the next hearing date.

A copy of the response shall be served on the other party and a proof of service shall be filed before the next hearing date.

Applies to

Consent to appointment and declaration regarding qualifications

A private mediator must file and serve the required consent and qualifications declaration on all parties within 10 court days after receiving the appointment order.

Within 10 court days of receiving the order of appointment by the court, the private mediator shall file and serve on all parties the Consent to Appointment as Private Confidential Mediator or Child Custody Recommending Counselor and Declaration Regarding Qualifications (local court Form FamLaw-301).

Applies to

Notice of protective order modification hearing

Notice of a protective-order modification hearing must be given to all counsel and parties involved in both the criminal action and the related family, juvenile, or probate matter.

Notice of the hearing shall be given to all counsel and parties in both the criminal action and the family, juvenile, or probate matter.

Applies to

Notice of change of address or other contact information

The Notice of Change of Address or Other Contact Information must be served promptly on all parties when an attorney’s or party’s contact information changes.

An attorney or party whose mailing address, telephone number, fax number or e-mail address changes shall promptly file and serve on all parties a Notice of Change of Address or Other Contact Information (Judicial Council form MC-040).

Deadline

5 court days

Notice of a motion to continue a jurisdiction hearing must be served on the opposing party at least five court days before the hearing.

A motion to continue the jurisdiction hearing in any proceeding shall be made and heard no less than two (2) court days before the jurisdiction hearing, after service of notice on the opposing party at least five (5) court days before the jurisdiction hearing.

Deadline

5 court days

Applies to

Casa court report

Copies of a CASA court report must be distributed to attorneys for all parties, County Counsel’s Office, and Children and Family Services at least five court days before the relevant hearing.

CASA shall copy the CASA court report and distribute it to attorneys of all parties to the case, County Counsel’s Office, and Children and Family Services a minimum of five court days prior to the hearing for which the report was prepared.

Applies to

Jv 790 restitution order

In cases in which victim restitution was awarded, the District Attorney must forthwith serve each victim entitled to restitution with a certified copy of the victim’s JV-790 restitution order.

(a) forthwith serve on each victim named in a JV-790 restitution order a certified copy of that victim’s restitution order; and

Applies to

Jv 790 restitution order

Within 30 days after the order, the District Attorney must file proof of service of each JV-790 restitution order or, if victim contact information is unavailable, a statement describing good-faith efforts to locate the victim.

(b) within 30 days of the date of the Order, file with the Court proof of service of the JV-790 restitution order served pursuant to subsection (A) or, if the victim’s contact information is not available, a statement of due diligence reflecting the District Attorney’s good faith efforts to locate the victim.

For an ex parte order, interested or opposing parties must be notified by fax, email, or telephone by 10:00 a.m. the day before the hearing, with a notice-compliance declaration delivered when the papers are presented; any order dispensing with notice requires a declaration of exceptional circumstances.

Petitioner must notify all interested or opposing parties by fax, email, or telephone no later than 10:00 a.m. on the day before the scheduled hearing as provided by CRC, Rule 3.1203 and CRC, Rule 3.1204. A copy of a declaration regarding notice in compliance with CRC, Rule 3.1204 must be delivered to the Probate Department at the time the papers are presented. Orders dispensing with notice must be supported by a declaration setting forth the exceptional circumstances that justify dispensing with notice.

Deadline

24 hours

Service

Personal service to all parties

When special notice is requested, all other parties must be notified in person or by telephone at least 24 hours before the ex parte application.

is a request for special notice, then all other parties must be notified in person or by telephone at least twenty-four (24) hours in advance of the time and place where the application for the ex parte order will be made.

Applies to

Petition for letters of special administration

A petition for letters of special administration requires at least 24 hours of oral or written notice to specified persons before the petition may be granted.

Petitions for letters of special administration will not be granted without twenty-four (24) hour (oral or written) notice to the surviving spouse or domestic partner as defined in Probate Code Section 1894, to the person nominated as executor, and to any other person whom the Court determines to be equitably entitled to notice.

Applies to

Petition

The petition must be served with the initial Notice of Petition to Administer Estate and should not be published with that notice.

A copy of the petition must be served with the initial Notice of Petition to Administer Estate. A copy of the petition should not be published with the Notice.

Service

Mail

Counsel is responsible for mailing hearing notices when a Probate Code section requires the clerk to cause notice by mail.

If a Probate Code Section requires the clerk to “cause notice of the hearing to be mailed,” the clerk fulfills this function by requiring counsel to do the mailing. Therefore, counsel is charged with this duty.

Applies to

Notice of petition

Service

Publication

The petitioner, not the County Clerk, is responsible for arranging publication of the Notice of Petition to Administer Estate.

It is the responsibility of the petitioner to arrange for publication. The County Clerk does not have this responsibility.

Deadline

15 calendar days

Applies to

Notice of petition for distribution

Notice of the petition-for-distribution hearing must be served at least 15 calendar days before the hearing on affected named beneficiaries, heirs in intestate estates, and specified trust-related recipients.

At least fifteen (15) calendar days before the hearing of the petition, notice of the hearing must be served upon each named beneficiary whose interest is affected by the petition and to the heirs of the decedent in intestate estates. Also see Probate Code Section 1220. Notice shall also be given to: a) the trustee of any intervivos trust to which the estate pours over; b) to trust beneficiaries if required under Probate Code Section 1208; c) to the trustee of any testamentary trust.

Deadline

75 calendar days

Applies to

Petition for final distribution

A Petition for Final Distribution must show that creditors received the prescribed notice at least 75 calendar days before the hearing, or that the creditors were paid or no creditors were known.

The Petition for Final Distribution must show that all of decedent’s creditors received a Notice of Administration to Creditors (Judicial Council Form DE-157) at least seventy-five (75) calendar days before the hearing, or were paid or that there were no known creditors of decedent.

Applies to

Petition

Notice of a petition under Probate Code Section 9835 must be served on the heirs at law in the same manner as a request for special notice, in addition to the usual hearing notices.

In addition to the usual notices given on hearing of such a petition, under Probate Code Section 9835, notice shall be served on the heirs at law in the same manner as if each had filed a request for special notice.

Deadline

15 calendar days

Applies to

Guardian final account and petition

Proof of service must be on file showing that the ward received the guardian’s final account and petition and hearing notice at least 15 calendar days before the hearing.

(1) Proof of service is on file verifying that a copy of the final account and petition, and notice of hearing thereon, has been served upon the ward not less than fifteen (15) calendar days before the hearing, (Probate Code Section 1460), or

Applies to

Ex parte temporary conservatorship application

Petitioner must notify all interested or opposing parties by fax, email, or telephone no later than 10:00 a.m. on the day before the scheduled hearing.

Petitioner must notify all interested or opposing parties by fax, email, or telephone no later than 10:00 a.m. on the day before the scheduled hearing as provided by CRC, Rule 3.1203 and CRC, Rule 3.1204.

When the petition relies on the non-petitioning spouse's Medi-Cal eligibility, notice must also be given to the Director of the California Department of Health Services.

When the petitioner is predicated upon the non-petitioning spouse’s qualification for Medi-Cal benefits, notice shall also be given to the Director of the California Department of Health Services.

Applies to

Motion to seal

A motion to seal a grand jury transcript must be served on all parties and the court reporters.

The filing party must serve all Motions to Seal a Grand Jury Transcript on all parties and the court reporter(s).

Applies to

Sealing order

When the court orders a grand jury transcript sealed in whole or in part, the prevailing party must serve the order on all parties and the court reporters.

When an Order is issued by the Court to seal a Grand Jury transcript, in whole or in part, the prevailing party must serve the Order on all parties and the court reporter(s).

When required, the complete document must be served on all parties by the applicable deadline and accompanied by a certificate of that service.

This subdivision applies only to filings with the Court. The complete document must, where required, be served on all parties in accordance with applicable time limits, and a certificate to that effect must accompany the filing.

Applies to

Complaint

Counsel must follow California Rules of Court, Rule 3.110 for pleading service, filing, proofs of service, and default-judgment notices; failure to serve the complaint and file a proof of service may result in an Order to Show Cause and sanctions.

(1) Counsel are to be familiar with and follow with particularity the rules set forth in California Rules of Court, Rule 3.110 as to service and filing of pleadings and proofs of service and the notice of default judgments. (2) Upon failure to serve the complaint and file a proof of service as required, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with California Rules of Court, Rule 3.110.

Deadline

5 court days

Applies to

Responsive papers

Responsive papers to an Order to Show Cause must be filed and served at least five court days before the hearing.

(3) Responsive papers to the Order to Show Cause must be filed and served no less than five (5) court days in advance of the hearing.

When serving the summons and complaint, or a cross-complaint on a new party, the responding party must also receive specified first case management conference and ADR documents.

At the time of serving the Summons and Complaint (and a cross-complaint upon a new party), the responding party shall be served with the Notice of the First Case Management Conference and an ADR Case Management Stipulation and Order (Local Court Form CV- 655(b)) for Unlimited Jurisdiction Civil cases, and the ADR Case Management Stipulation.

Deadline

15 calendar days

Each appearing party must serve the completed Case Management Statement at least 15 calendar days before the first case management conference.

Each appearing party shall file and serve the completed Case Management Statement, (Judicial Council Form CM-110), at least fifteen (15) calendar days before the First Case Management Conference as provided by California Rules of Court, Rule 3.725.

Deadline

10 calendar days

Applies to

Motion in limine

Motions in limine must be served at least 10 calendar days before the conference.

All motions in limine must be in writing and are to be filed and served at least ten (10) calendar days before the conference.

Deadline

5 calendar days

Applies to

Objection to motion in limine

Objections to motions in limine must be served at least 5 calendar days before the conference.

Any objections to motions in limine must be filed and served five (5) calendar days before the conference, with a copy lodged with the chambers of the department to which the case is assigned.

Deadline

5 court days

Applies to

Issue conference statement

The Issue Conference Statement must be served on all parties at least 5 court days before the Issue Conference.

Parties must file with the court and serve on all parties an Issue Conference Statement (Local Court Form CV-659(c)) of not more than ten (10) pages at least five (5) court days before the Issue Conference.

Deadline

20 court days

Applies to

Jury questionnaire

A party seeking a written jury questionnaire must serve the proposed questionnaire on the other parties at least 20 court days before the Issue Conference.

If any party intends to request that a specific written questionnaire be submitted to the jury, said party shall, no later than twenty (20) court days before the Issue Conference, serve a proposed questionnaire on the other parties;

Deadline

15 court days

Applies to

Jury questionnaire

A party objecting to a jury questionnaire question or proposing additional questions must serve the objection or proposal on all other parties at least 15 court days before the Issue Conference.

Any party objecting to any question or proposing additional questions, shall serve said objections or proposals on all other parties no later than fifteen (15) court days before the Issue Conference;

An ex parte application for additional relief after a settlement default must include a proof of service or a declaration explaining notice or requesting excusal of notice under California Rules of Court, Rule 3.1204.

An ex parte application filed pursuant to this provision must either: (A) Contain a Proof of Service showing that the application was served on the defaulting party, or (B) Include a declaration stating either: (i) Notice of the filing of the application was given to the defaulting party, specifying how and when that notice was given, or (ii) Notice should be excused pursuant to California Rules of Court, Rule 3.1204.

Moving, opposing, and reply papers must be served on the Court and parties within the time prescribed by law.

Moving, opposing and reply papers must be filed and served with the Court and parties within the time prescribed by law.

Deadline

5 calendar days

Service

Court service to all parties

Notice is effective on the hearing date, or for matters submitted for decision, five calendar days after the Clerk mails notice of the ruling.

Parties shall be deemed to have notice of the Court's ruling as of the date of the hearing, or in the case of a matter submitted for decision, as of five (5) calendar days after the date the Clerk mails notice of the Court's ruling.

A writ-of-mandate petitioner must give opposing counsel or an unrepresented party the notice required by California Rules of Court, Rule 3.1203 before presenting an ex parte application.

The petitioner must comply with California Rules of Court, Rule 3.1203 concerning notice to opposing counsel or unrepresented party of the intent to present an ex parte application to the Court.

A signed original Order to Show Cause must be filed immediately with the Court Clerk, and service is by certified copy without charge.

Rule 3.48. Original Orders to Show Cause When an Order to Show Cause has been signed, the original shall be filed immediately in the office of the Court Clerk and service shall be effected by a certified copy, for which no charge shall be made.

Applies to

Written order

In a contested matter with appearing opposing counsel, the prevailing party must prepare and serve the written order for opposing counsel's review under California Rules of Court, Rule 3.1312.

In any contested matter, where opposing counsel appears, a written order shall be prepared and served by the prevailing party and reviewed by the opposing party, in accordance with California Rules of Court, Rule 3.1312.

Deadline

2 calendar days

Applies to

Notice of motion

Unless the court orders otherwise, returns of proof of service for notices of motions and orders to show cause must be filed with the Clerk at least two calendar days before the hearing.

Unless otherwise ordered, all returns of Proof of Service of Notice of Motions and Orders to Show Cause shall be filed in the office of the Clerk of the Court not less than two (2) calendar days preceding the time set for hearings.

Deadline

5 court days

Applies to

Settlement conference statement

Each party must have the clerk endorse a written settlement-conference statement and serve it on all parties five court days before the conference.

Have endorsed by the Clerk of the Court and served on all parties five (5) court days before the conference, a written statement of the facts, law and respective contentions of the parties to prove or disprove the right of recovery, items and amount of special damages, nature and extent of injuries incurred and claimed residuals documented by medical report when possible, any wage loss claim showing methods of computation, and any claim for future medical expenses and earnings loss;

Applies to

Request for assignment of discovery facilitator

Unless exempt, a party must first serve a Request for Assignment of Discovery Facilitator on the ADR Office by fax or email before filing a discovery motion.

Unless exempt as set forth above, any party wishing to file a Discovery Motion, must first serve a Request for Assignment of Discovery Facilitator (Local Court Form ADR-610) by fax or email to the Alternative Dispute Resolution (ADR) Office of the Contra Costa County Superior Court, Fax 925-608-2109; email: ADRdiscoveryfacilitator@contracosta.courts.ca.gov

Applies to

Request for assignment of discovery facilitator

A copy of the Request for Assignment of Discovery Facilitator must also be served on all parties in the action.

A copy of the Request for Assignment of Discovery Facilitator shall also be served on all parties to the action.

Applies to

Pleadings

Pretrial pleadings must be served on opposing counsel at the regularly assigned office using the most expeditious available method.

All pleadings shall be served on opposing counsel in his or her regularly assigned office by the most expeditious means available.

Applies to

Pleadings

When opposing counsel is unknown, serve the special unit assigned to a special-unit case or the opposing party's office closest to the courthouse in all other cases.

If the identity of opposing counsel is not known when the pleading is filed, the following service rules shall apply: (1) if the case is being handled by a special unit, the pleading shall be served on the office of the special unit assigned to the case; (2) in all other cases, the pleading shall be served on the office of the opposing party closest to the courthouse in which the case is pending.

Applies to

Pleadings

Service

Email

In felony cases, pleadings in connection with substantive pretrial motions, along with related exhibits, must simultaneously be emailed to the Court's Research Attorneys.

In felony cases, any party filing a pleading in connection with a substantive Pre- Trial motion shall simultaneously serve the Court’s Research Attorneys. Pleadings and exhibits in connection with felony motions shall be served on the Research Attorneys by email at the following address: ratts@contracosta.courts.ca.gov.

Deadline

2 court days

Applies to

Reply brief

Service

Email

A defendant may file a reply identifying inadequacies in the warrantless-search justification, and the reply must be served by email, facsimile, or personal service at least two court days before the hearing.

The defendant may then file a reply specifying the inadequacies of the justification. Any such reply brief must be served (by email, facsimile or personal service) at least two court days before the hearing;

Deadline

5 calendar days

Applies to

Motion

Service

Personal service

Unless the Court orders otherwise and good cause is shown, moving papers in an ex parte shortened-time application must be personally served at least five calendar days before the hearing, and opposing papers must be served at least two calendar days beforehand.

Except by order of the Court, upon a showing of good cause, all ex parte applications seeking to set a matter on shortened time shall provide for moving papers to be filed and personally served at least five (5) calendar days and for opposing papers to be filed and served at least two (2) calendar days before the hearing date.

Applies to

Ex party order or temporary restraining order application

Statutorily required notice must be given for an ex parte-order or temporary-restraining-order application unless Family Code section 6300 applies or waiting for notice would cause great or irreparable injury.

Except as provided in Family Code Section 6300, unless notice of the application for an ex parte order (including an application for an order shortening time) or a Temporary Restraining Order would result in great or irreparable injury to the applicant before the matter can be heard on notice, the applicant shall give the other party the notice required by law.

Applies to

Moving and responsive pleadings

Moving and responsive pleadings must be timely filed and served under Code of Civil Procedure section 1005 or other applicable law unless prior leave permits a different service time or method; untimely filings may not be considered.

Unless the Court has granted prior leave for different service time or method, all moving and responsive pleadings shall be timely filed and served in compliance with the provisions of Code of Civil Procedure section 1005 or any other applicable provision of law. The Court may not consider any moving or responsive pleading that was not timely filed and served.

Deadline

14 calendar days

Applies to

Witness list

A party seeking live testimony from nonparty witnesses must file and serve all parties a witness list describing the anticipated testimony at least 14 calendar days before the hearing.

Pursuant to Family Code Section 217, a party seeking to present live testimony from all witnesses other than the parties shall file and serve all parties with their witness list with a brief description of the anticipated testimony. This list shall be filed and served no less than fourteen (14) calendar days before hearing.

Applies to

Case management conference statement

Each party must file and serve a Case Management Conference Statement at least seven calendar days before the CMC date.

No less than seven (7) calendar days before the date set for the Case Management Conference (CMC) each party shall file and serve a Case Management Conference Statement (Local Court Form FamLaw-113).

Applies to

Separate statement of contested issue

A Separate Statement of Contested Issue must be served by each party when the parties cannot agree on the Joint Statement of Contested Issues.

If the parties are unable to agree upon a Joint Statement of Contested Issues, then each party shall file and serve a Separate Statement of Contested Issue which includes all of the information required for a Joint Statement of Contested Issues.

Deadline

30 calendar days

Applies to

Expert written report

Copies of all written reports issued by a court-appointed Evidence Code section 730 expert must be transmitted to every counsel or unrepresented party at least 30 calendar days before trial.

If one or more written reports are issued by such an expert, copies of all such reports shall be transmitted to each counsel or unrepresented party at least thirty (30) calendar days before trial.

The declaration must be served on the other party and a proof of service must be filed.

A copy of the declaration shall be served on the other party and a proof of service shall be filed.

The response must be served on the other party and a proof of service filed before the next hearing date.

A copy of the response shall be served on the other party and a proof of service shall be filed before the next hearing date.

Deadline

5 court days

Applies to

Motion

Notice of a motion to continue a jurisdiction hearing must be served on the opposing party at least five court days before the hearing.

A motion to continue the jurisdiction hearing in any proceeding shall be made and heard no less than two (2) court days before the jurisdiction hearing, after service of notice on the opposing party at least five (5) court days before the jurisdiction hearing.

For an ex parte petition, the petitioner must give fax or telephone notice to all interested or opposing parties no later than 10:00 a.m. on the day before the hearing.

Petitioner must notify all interested or opposing parties by fax or telephone no later than 10:00 a.m. on the day before the scheduled hearing as provided by CRC, Rule 3.1203 and CRC, Rule 3.1204.

Deadline

24 hours

Service

Personal service to all parties

When the family-allowance petitioner is not the executor, a dispute is on file, or special notice is requested, all other parties must receive personal or telephone notice at least 24 hours before the ex parte application.

However, if the petitioner is someone other than the executor or there is a dispute as evidenced by papers on file in the proceedings, or there is a request for special notice, then all other parties must be notified in person or by telephone at least twenty-four (24) hours in advance of the time and place where the application for the ex parte order will be made.

A family-allowance application made more than six months after the personal representative qualifies must be noticed and calendared.

If the application is made more than six (6) months after the personal representative has qualified, it shall be noticed and placed on the calendar.

Applies to

Amended or second probate petition

Service

Publication

A will or supplemental will not specifically mentioned in the petition requires an amended or second petition and a newly published and mailed Notice of Petition to Administer Estate.

Any other Wills or supplement to a Will not specifically mentioned in the Petition must be presented to the Court in an amended or second Petition and a new Notice of Petition to Administer Estate must be published and mailed.

Service

Mail

When a Probate Code section requires the clerk to cause notice of a hearing to be mailed, counsel must perform the mailing.

If a Probate Code Section requires the clerk to “cause notice of the hearing to be mailed”, the clerk fulfills this function by requiring counsel to do the mailing. Therefore, counsel is charged with this duty.

Deadline

15 calendar days

Applies to

Notice of hearing

Notice of the petition-for-distribution hearing must be served at least 15 calendar days before the hearing on affected named beneficiaries and, in intestate estates, the decedent's heirs.

At least fifteen (15) calendar days before the hearing of the petition, notice of the hearing must be served upon each named beneficiary whose interest is affected by the petition and to the heirs of the decedent in intestate estates.

Applies to

Notice of sale

Subject to the stated statutory exceptions, non-perishable or non-depreciating personal property may be sold at public auction or private sale after the required notice and subject to court confirmation.

With the exceptions set forth in Probate Code Sections 10252(a), (b) and (d), non- perishable or non-depreciating personal property may be sold subject to Court confirmation at either public auction or at private sale, after giving notice as set forth in Probate Code Section 10250, et seq.

Notice of a petition under Probate Code Section 9835 must be served on each heir at law in the manner applicable to a request for special notice.

In addition to the usual notices given on hearing of such a petition, under Probate Code Section 9835, notice shall be served on the heirs at law in the same manner as if each had filed a request for special notice.

A petition for distribution requesting additional trustee powers not conferred by the will must include notice under Probate Code Section 17203.

Notice must be given under Probate Code Section 17203 where the Petition for Distribution requests the Court to grant a trustee additional powers not conferred by the Will.

Deadline

15 calendar days

Applies to

Proposed findings conclusions

For a guardian’s final-account hearing, proof of service on the ward at least 15 calendar days before the hearing is required, unless the ward’s written acknowledgment of receipt and approval is on file.

Proof of service is on file verifying that a copy of the final account and petition, and notice of hearing thereon, has been served upon the ward not less than fifteen (15) calendar days before the hearing, (Probate Code Section 1460), or (2) The ward’s written acknowledgment of receipt and approval of the petition and final account is on file.

An endorsed filed copy of the notice declaration must be delivered to the Probate Department before the hearing.

An endorsed filed copy of a declaration regarding notice in compliance with CRC, Rule 3.1204 must be delivered to the Probate Department prior to the hearing.

Minimum notice to the conservatee and spouse is required unless the court approves Judicial Council Form GC-112 before the hearing.

Minimum notice to the conservatee and conservatee's spouse, if any, pursuant to Probate Code Section 2250(e)(2) and (3) will be required unless the Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator (Judicial Council Form GC-112) is approved by the Court prior to the hearing.

The filing party must serve every motion to seal a grand jury transcript on all parties and the court reporters.

The filing party must serve all Motions to Seal a Grand Jury Transcript on all parties and the court reporter(s).

When the Court issues an order sealing a grand jury transcript in whole or in part, the prevailing party must serve the order on all parties and the court reporters.

When an Order is issued by the Court to seal a Grand Jury transcript, in whole or in part, the prevailing party must serve the Order on all parties and the court reporter(s).

Applies to

Original document production request

A request to produce an original must be served on the filing or serving party, which must then produce the original within 15 calendar days.

The request to file or produce the original document shall be served upon the party filing or serving the facsimile-produced document, who shall file or produce the original document in the Court within fifteen (15) calendar days thereafter.

When service is required, the complete document must be served on all parties by the applicable deadline and accompanied by a certificate of that service.

The complete document must, where required, be served on all parties in accordance with applicable time limits, and a certificate to that effect must accompany the filing.

Service

Mail

Counsel, rather than the clerk, is responsible for mailing notices when a Probate Code section requires the clerk to cause notice to be mailed.

If a Probate Code Section requires the clerk to “cause notice of the hearing to be mailed,” the clerk fulfills this function by requiring counsel to do the mailing. Therefore, counsel is charged with this duty.

Service

Electronic service

Represented parties in court-designated cases must allow service electronically.

Represented parties in Designated Cases must file documents and allow for service electronically.

Service

Electronic service

A represented party, or an electing self-represented party, must provide an electronic service address when first filing electronically.

Each represented party – and self-represented party upon election to participate in electronic filing and service – must provide an electronic address for service on the first occasion that party files any paper electronically.

Service

Electronic service

A party must promptly electronically notify the Court and all parties of a changed electronic service address by filing the prescribed notice or form EFS-010.

A party whose electronic service address changes while their case is pending must promptly notify the Court and all parties by electronically filing a notice of change of electronic service address or Judicial Council form EFS-010, Notice to Change Electronic Service Address.

Counsel must follow California Rules of Court, Rule 3.110 for service and filing pleadings, proofs of service, and notices of default judgment.

Counsel are to be familiar with and follow with particularity the rules set forth in California Rules of Court, Rule 3.110 as to service and filing of pleadings and proofs of service and the notice of default judgments.

Failure to serve the complaint and file the required proof of service results in an Order to Show Cause concerning possible sanctions.

Upon failure to serve the complaint and file a proof of service as required, an Order to Show Cause shall issue as to why counsel shall not be sanctioned for failure to comply with California Rules of Court, Rule 3.110.

Deadline

5 court days

Responsive papers to an Order to Show Cause must be served at least five court days before the hearing.

Responsive papers to the Order to Show Cause must be filed and served no less than five (5) court days in advance of the hearing.

Deadline

15 calendar days

Applies to

Case management statement

The completed Case Management Statement must be served at least 15 calendar days before the first case management conference.

Each appearing party shall file and serve the completed Case Management Statement, (Judicial Council Form CM-110), at least fifteen (15) calendar days before the First Case Management Conference as provided by California Rules of Court, Rule 3.725.

Deadline

5 calendar days

Applies to

Statement of opposition

A party opposing an early case management conference request must lodge and serve an informal statement of opposition with reasons within five calendar days after receiving the request.

Any party opposing a request shall lodge and serve an informal statement of opposition, with reasons, within five (5) calendar days of receiving the request.

Deadline

10 calendar days

Applies to

Motion in limine

Motions in limine must be served at least ten calendar days before the issue conference.

All motions in limine must be in writing and are to be filed and served at least ten (10) calendar days before the conference.

Deadline

5 calendar days

Applies to

Objection to motion in limine

Objections to motions in limine must be filed and served five calendar days before the issue conference, with a copy lodged in the assigned department's chambers.

Any objections to motions in limine must be filed and served five (5) calendar days before the conference, with a copy lodged with the chambers of the department to which the case is assigned.

Deadline

20 court days

Applies to

Jury questionnaire

Service

Personal service to opposing party

A party intending to request a written jury questionnaire must serve the proposed questionnaire on all other parties at least 20 court days before the Issue Conference.

If any party intends to request that a specific written questionnaire be submitted to the jury, said party shall, no later than twenty (20) court days before the Issue Conference, serve a proposed questionnaire on the other parties;

Deadline

15 court days

Applies to

Jury questionnaire

Service

Personal service to opposing party

A party objecting to or adding jury questions must serve the objections or proposals on all other parties at least 15 court days before the Issue Conference.

Any party objecting to any question or proposing additional questions, shall serve said objections or proposals on all other parties no later than fifteen (15) court days before the Issue Conference;

Moving, opposing, and reply papers must be served on the Court and parties within the time prescribed by law.

Moving, opposing and reply papers must be filed and served with the Court and parties within the time prescribed by law. The Court will not consider late filed papers unless good cause is shown at the hearing.

A petitioner must provide Rule 3.1203 notice to opposing counsel or an unrepresented party before presenting an ex parte application, but need not provide advance notice to the Court before presenting it to set the hearing date and briefing schedule.

The petitioner must comply with California Rules of Court, Rule 3.1203 concerning notice to opposing counsel or unrepresented party of the intent to present an ex parte application to the Court. The petitioning party need not notify the Court before presenting the application to set hearing date and briefing schedule.

Service of a signed Order to Show Cause must be effected by certified copy, and no service charge may be imposed.

When an Order to Show Cause has been signed, the original shall be filed immediately in the Clerk’s Office and service shall be effected by a certified copy, for which no charge shall be made.

Deadline

2 calendar days

Applies to

Proof of service

Unless the court orders otherwise, proof of service for motions and Orders to Show Cause must be filed in the Clerk’s Office at least two calendar days before the hearing.

Unless otherwise ordered, all returns of Proof of Service of Notice of Motions and Orders to Show Cause shall be filed in the Clerk’s Office not less than two (2) calendar days preceding the time set for hearings.

In a contested matter with appearing opposing counsel, the prevailing party must prepare and serve the written order for review by the opposing party under California Rules of Court 3.1312.

In any contested matter, where opposing counsel appears, a written order shall be prepared and served by the prevailing party and reviewed by the opposing party, in accordance with California Rules of Court, Rule 3.1312.