Del Norte Superior Court Service and Proof of Service Rules

CRITICAL

Deadline

1 court days

A party seeking an ex parte order must notify all parties by 10:00 a.m. on the court day before the appearance unless exceptional circumstances justify shorter notice or waiver.

A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice or waiver thereof.

CRITICAL

A party requesting judicial notice must provide the material to the Court and each party.

A party requesting judicial notice of material under Evidence Code sections 452 or 453 shall provide the Court and each party with a copy of the material.

CRITICAL

A party intending to submit a matter without an appearance must notify the Court and opposing counsel by separate pleading at least three days before the hearing.

Any party intending to submit a matter for action without appearance shall notify the Court and opposing counsel at least three (3) days prior to the hearing by separate pleading.

CRITICAL

The verified petition must be served before filing, and the writ application must include proof that a copy was served on the respondent and real party in interest.

Code of Civil Procedure section 1107 requires service of the verified petition before it is filed, and also requires that the application for a writ be accompanied by proof of service of a copy of the application upon the respondent and the real party in interest.

CRITICAL

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

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

CRITICAL

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

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

CRITICAL

An alternative writ will not issue unless the application is served at least five days before the ex parte hearing, unless good cause is shown or the responding party waives service.

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

CRITICAL

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

If issued, it must be served in the same manner as a summons in a civil action unless the Court orders otherwise.

CRITICAL

Sentencing letters and other written submissions must be served on opposing counsel and lodged by 2:30 p.m. the day before the hearing, absent good cause.

(a) Absent a showing of good cause, the Court will not consider letters or other written submissions which are not served on opposing counsel and timely lodged with the Court so that they can be placed in a defendant's file by 2:30 p.m. on the day before the sentencing hearing.

CRITICAL

Deadline

2 court days

If issues remain unresolved, each party must provide other counsel anticipated witnesses’ names and addresses at least two court days before the hearing, except confidential foster-parent addresses; noncompliance may result in witness preclusion.

(b) If the parties are unable to resolve the issues, each party shall advise the other counsel orally or in writing not later than two (2) court days prior to the scheduled hearing of the names and addresses of each anticipated witness (addresses of confidential foster parents need not be disclosed). Failure to comply may be cause for preclusion of the witness from testifying.

CRITICAL

Deadline

2 court days

Any written expert-witness reports must be disclosed to all parties at least two court days before the hearing.

(c) Written reports of expert witnesses, if any, must be disclosed to all parties at least two (2) court days in advance of the hearing.

CRITICAL

Applies to

Notice

A filer who is not the minor’s attorney must serve the notice on that attorney; if the minor is unrepresented, the notice must say so.

If the person filing the notice is not the attorney for the minor, a copy of the notice shall be served on the attorney for the minor, or, if the minor is unrepresented, the notice shall so state.

CRITICAL

Written complaints must be lodged with the Court, stamped “RECEIVED,” and copied to the attorney in question.

Written complaints shall be lodged with the Court, stamped “RECEIVED” and shall be copied to the attorney in question.

CRITICAL

Applies to

Motion

The moving party must give the appointed advocate timely notice of any motion concerning the child.

In any motion concerning the child for whom the advocate has been appointed, the moving party must provide the advocate timely notice.

CRITICAL

Applies to

Social worker report

The appointed advocate is entitled to receive the social worker’s report when it is filed with the Court.

In any case for which an advocate has been appointed, the advocate has a right to receive the social worker’s report at the time of filing with the Court.

CRITICAL

Deadline

2 court days

Applies to

Report

The advocate must serve the report on all parties at least two court days before the hearing.

The advocate must submit his or her report to the Court and serve a copy of the report on all parties at least two (2) court days prior to the hearing for which the report was prepared.

CRITICAL

If the parties have not exchanged current documentation five court days before the hearing, they must exchange the specified wage and tax records, plus specified business records for any self-employed party; confidential information may be stricken.

(b) Documentation: If the parties have not exchanged current documentation five (5) court days before the scheduled hearing, the parties must exchange the following documents: (i) current wage verification for the prior three (3) month period and (ii) most recent state and federal income tax returns with W-2 statements. If a party is self-employed, the party must also produce all year-end 1099 forms for the prior year, and a current profit and loss statement and balance sheet of the self-employed party’s business entity. The submitting party may strike confidential information.

CRITICAL

The filing party must serve the workshop instructions on the opposing party with the pleadings.

The filing party must serve a copy of these written instructions on the opposing party along with the pleadings.

CRITICAL

The filing party must file proof of service with the Court.

The filing party must file proof of service with the Court.

CRITICAL

The Family, Juvenile, or Probate Court must provide the Criminal Court with copies of existing or proposed orders concerning the matter.

The Family, Juvenile, or Probate Court shall provide the Criminal Court with copies of existing or proposed orders relating to the matter.

CRITICAL

The Court will provide hearing notice to all counsel and parties.

Notice of the hearing will be provided to all counsel and parties by the Court.

CRITICAL

Service

Mail

The investigator must mail the report at least four days before the hearing to the petitioner’s attorney or, if unrepresented, the petitioner, the proposed ward’s attorney, and any other persons ordered by the court.

At least four days before the date set for hearing file the report with the Court and mail a copy of your report to all of the following: (1) the attorney, if any, for the petitioner and if the petitioner is not represented by an attorney, then to the petitioner. (2) the attorney, if any, for the proposed ward; (3)  other persons ordered by the court:

CRITICAL

Deadline

90 calendar days

Applies to

Summons and complaint

The summons and complaint must be served on all named defendants within 90 calendar days after the complaint is filed.

Summons and complaint must be served no later than ninety (90) calendar days after the filing of the complaint on all named defendants.

CRITICAL

Deadline

30 calendar days

Applies to

Responsive pleading

Responsive pleadings must be served on each party entitled to service within 30 calendar days after service of the complaint or cross-complaint.

Responsive pleadings will be served upon each party entitled to service no later than thirty (30) calendar days after service of the complaint or the cross-complaint upon each party.

CRITICAL

Deadline

30 calendar days

Applies to

Cross complaint

Cross-complaints must be served within 30 calendar days after responsive pleadings are filed, but cross-complaints against new parties must be served within 15 calendar days.

Cross-complaint(s) must be served within thirty (30) calendar days of filing responsive pleading(s), except that a cross-complaint against new parties must be served within fifteen (15) calendar days of filing the responsive pleading(s).

CRITICAL

Deadline

30 calendar days

Applies to

Response to cross complaint

Responses to cross-complaints must be filed and served within 30 calendar days after service of the cross-complaint.

Filing and service of response(s) must be made within thirty (30) calendar days of service of the cross-complaint(s).

CRITICAL

Applies to

Notice of inclusion

The notice of inclusion must be served with the complaint, and a copy with proofs of service must be filed in the case.

At the time of filing the initial pleading, the clerk will prepare a notice of inclusion which contains dates in accordance with the rules prescribed herein. This form must be served with the complaint and a copy with proofs of service filed in the case.

CRITICAL

Deadline

15 calendar days

Applies to

Case management statement

Each party must file and serve a case management statement on the other parties at least 15 calendar days before the CMC.

Each party must file and serve a case management statement on the other parties no later than fifteen (15) calendar days before the CMC.

CRITICAL

Applies to

At issue memorandum

In covered civil cases where a responsive pleading has been filed, the plaintiff must file and serve an at-issue memorandum within 180 calendar days after the complaint is filed, unless the matter is finally disposed of sooner.

(a) Time Lines: In all civil cases specified in local rule 4.1, in which a responsive pleading has been filed, the plaintiff must file and serve an at-issue memorandum within one hundred and eighty (180) calendar days from the date the complaint is filed, unless there is a final disposition to the matter prior to the one hundred and eighty (180) calendar day time limit.

CRITICAL

Deadline

5 court days

Applies to

Settlement conference statement

Each party must file and serve the settlement conference statement on all other parties at least five court days before the conference.

Each party must prepare, file, and serve on all other parties a settlement conference statement, in pleading form, at least five (5) court days prior to the settlement conference.

CRITICAL

Unless delayed notice is authorized, the executing officer must provide or leave a copy of the warrant and a receipt for property taken.

Unless delayed notice is authorized below, you must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken, or leave the copy and receipt at the place where the property was taken.

CRITICAL

Applies to

Subpoena

For a subpoena commanding pretrial production or inspection, serve notice and a copy on every party before serving the subpoena on its directed recipient.

If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

WARNING

In an unlawful detainer proceeding, shorter ex parte notice is permitted if the notice given is reasonable.

A party seeking an ex parte order in an unlawful detainer proceeding may provide shorter notice than required under (a) provided that the notice given is reasonable.

WARNING

A petition may be filed without proof of service, but the Court may take no action other than summary denial until the stated service provisions are satisfied.

The petition may be filed without a proof of service, but no action (other than summary denial) can be taken on the petition unless there is compliance with the service provisions of Code of Civil Procedure sections 1107 and 1088.5 and local rule 8.7(e) below.

WARNING

Applies to

Notice to appear

Court personnel are not required to deliver or facilitate service of a notice to appear on the person named in it.

[Court] personnel is under no obligation to deliver or facilitate service of this document to the person named in the document.