Fresno Superior Court Service and Proof of Service Rules

The Clerk issues the case-management notice when the complaint is filed, setting a conference at least 120 days after filing, and plaintiff must serve the notice on each defendant with the summons and complaint.

At the time the complaint is filed, the Clerk will issue a Notice of Case Management Conference to plaintiff, designating a date for a Case Management Conference that is no less than 120 days after the filing of the complaint. Plaintiff shall serve a copy of the Notice of Case Management Conference on each defendant along with the summons and complaint.

A cross-complainant must serve a new cross-defendant with the case-management notice and related summons or cross-complaint, or, if served later, with notice of all pending court-set and assigned conference dates.

Any party who files and serves a cross-complaint prior to the Case Management Conference shall serve on each cross-defendant who is a new party to the action a copy of the Notice of Case Management Conference along with the summons and cross-complaint. If a new cross-defendant is served after the initial Case Management Conference, the cross-complainant shall serve the new cross-defendant with notice of any pending Case Management Conference, any assigned trial or settlement conference dates, and any other dates set by the court or orders made at the Case Management Conference.

When plaintiff adds or identifies a defendant after the initial conference, plaintiff must serve that defendant with notice of pending court-set and assigned dates along with the summons and complaint.

If plaintiff adds a new defendant or identifies a fictitiously named defendant after the initial Case Management Conference, along with the summons and complaint, plaintiff shall serve the newly named defendant with notice of any pending Case Management Conference, any assigned trial and settlement conference dates, and any other dates set by the court or orders made at the Case Management Conference.

Proof of service of the case-management notice must be filed with the court and may be included in the proof of service for the summons and complaint or cross-complaint.

Proof of service of notice of a Case Management Conference shall be filed with the court and may be included in the proof of service of the summons and complaint or cross-complaint.

Applies to

Pleadings and notices

Plaintiff must serve all named defendants with required pleadings and notices and file proof of service with the court within 60 days after filing the complaint.

A plaintiff shall serve all named defendants with all pleadings and notices required by these rules or other law, including notice of a Case Management Conference, and shall file proof of service with the court, within sixty (60) days from the date the complaint is filed.

Deadline

5 court days

Applies to

Settlement conference statement

Each party must submit and serve a settlement conference statement in pleading or letter form, preferably ten days before the conference and no later than five court days before it.

Each party shall submit their settlement conference statement to the ADR Department and serve on all parties, in pleading or letter form, preferably at least ten (10) days prior to the settlement conference, but no later than five (5) court days prior to the settlement conference.

Applies to

Unlawful detainer complaint

Within fifteen days after filing an unlawful detainer complaint, the plaintiff must serve all named defendants and file proof of service, or file an application for a posting order, unless a responsive pleading has been filed.

Within fifteen (15) days from the date the unlawful detainer complaint was filed, plaintiff shall serve all named defendants and file proof of service with the court or shall file an application for a posting order, unless a responsive pleading has been filed.

Applies to

Notice of restricted access

Service

Mail to opposing party

Before filing an unlawful detainer action requiring a Notice of Restricted Access, the plaintiff must provide the court with separate stamped, legal-size envelopes addressed to each defendant and to all occupants.

Each plaintiff who files an action for Unlawful Detainer, for which a Notice of Restricted Access must be mailed to the defendants pursuant to Code of Civil Procedure § 1161.2(c), must provide to the court prior to the time of filing the action, (1) a separate stamped, legal-size envelope addressed to each defendant named in the action at the address provided in the complaint, and (2) a stamped, legal-size envelope addressed to “All Occupants” at the subject premises.

Applies to

Small claims case

In a small claims case, proof of service on the defendant must be filed by the date set for trial or the case will not be heard that day.

If proof of service on the defendant in a small claims case has not been filed by the date set for trial, the case will not be heard on that date.

Applies to

Notice of assignment

The petitioner must serve the notice of assignment and case management conference notice on each named respondent at service of the summons and petition or within two business days after receiving the notice, and promptly file proof of service.

The petitioner must serve the notice of assignment and the case management conference notice on each named respondent either when that respondent is served with the summons and petition, or within 2 business days of the petitioner’s receipt of the notice of assignment from the court. The petitioner shall promptly file all proofs of service thereof with the court.

Applies to

Notice of case management conference

The petitioner must serve the case management conference notice on each respondent and real party in interest together with the summons and petition.

At the time the petition is processed by the Clerk’s Office after it is filed, the clerk will issue a notice of case management conference to petitioner, designating a date for a case management conference that is approximately 120 days after the filing of the petition. Petitioner shall serve a copy of the notice of case management conference on each respondent and real party in interest along with the summons and the petition.

Service

Personal service

The responsible public agency must personally serve petitioner with a preliminary estimated-cost notification within 20 days after receiving the statutory request.

Within twenty (20) days after receipt of a statutory request that the public agency prepare the record of proceedings, the public agency responsible for such preparation must personally serve on petitioner a preliminary cost notification of the estimated cost of preparation.

Service of the preliminary cost notification and related election documents must comply with Code of Civil Procedure section 1010 et seq.

Service of the foregoing shall conform with the Code of Civil Procedure, Part 2, Title 14, Chapter 5, § 1010 et seq.

Service of the agency's document index and related objection documents must comply with Code of Civil Procedure section 1010 et seq.

Service of the foregoing shall conform to the Code of Civil Procedure, Part 2, Title 14, Chapter 5, § 1010 et seq.

Applies to

Petition

A petition under the cited Penal Code provisions must include proof of service on the Office of the District Attorney when filed; failure to do so results in summary denial without prejudice.

§§ 1203.4, 1203.4a (only as to infractions), or 1203.41 shall include proof of service of the petition on the Office of the District Attorney. (Pen. Code §§ 1203.4, subd. (e); 1203.4a, subd. (f) & 1203.41, subd. (e)(1).) Failure to provide proof of service of the petition on the Office of the District Attorney, at the time of filing, will result in summary denial of the petition, without prejudice.

Deadline

15 court days

Applies to

Petition

Service

Personal service

For every sex-offender-registration termination petition, the petitioner or someone acting on the petitioner’s behalf must serve the petition and proof of current registration on the Fresno County law-enforcement agency and District Attorney’s Office within 15 court days after filing, and file proof of service within the same period.

In every case, a copy of the petition and proof of current registration must be served on the law enforcement agency with whom petitioner currently registers in Fresno County and the Fresno County District Attorney’s Office, either by petitioner of someone acting on their behalf no later than 15 court days after the date the petition was filed with the court. Proof of such service must also be filed within 15 court days from the petition’s filing.

Deadline

15 court days

Applies to

Petition

Service

Personal service

When the registerable-offense conviction occurred outside Fresno County, the petition and proof of current registration must also be served on the law-enforcement agency and District Attorney’s Office of that county, with proof of service filed within 15 court days after filing.

If petitioner’s conviction for a registerable offense occurred in a county other than Fresno, a copy of the petition and proof of current registration must also be served on the law enforcement agency and the District Attorney’s Office of the county in which petitioner was convicted of the registrable offense. Service of these entities must occur no later than 15 court days after the date the petition was filed with the court. Proof of such service must also be filed with the court within 15 court days from the petition’s filing.

Applies to

Petition

For a federal registerable-offense conviction, the petition and proof of current registration must also be served on the relevant United States Attorney’s Office and the investigating law-enforcement agency.

If petitioner’s conviction for a registerable offense occurred in federal court, a copy of the petition and proof of current registration must also be served on the United States Attorney’s Office for the District Court from which petitioner’s registration requirement originated, as well as the law enforcement agency that investigated the charges(s) filed in the District Court case.

Applies to

Petition

For a military-court registerable-offense conviction, the petition and proof of current registration must additionally be served on the prosecuting and investigating agencies for the registration offense.

If petitioner’s conviction for a registerable offense occurred in a military court, a copy of the petition and proof of current registration must additionally be served on the prosecuting and investigating agencies of the registration offense.

Deadline

15 court days

Service must be completed, and proof of service filed, no later than 15 court days after the petition is filed.

Service on these entities must occur no later than 15 court days after the date the petition was filed with the court. Proof of such service must also be filed with the court within 15 court days from the petition’s filing.

Deadline

5 court days

A misdemeanor motion must include the specified supporting documents, and proof of service must be filed at least five court days before the hearing.

Motions shall contain a notice of motion, the motion itself, a declaration or affidavit in support thereof and a memorandum of points and authorities. Proof of service shall be filed no later than five (5) court days prior to the date of the hearing.

Deadline

5 court days

Opposition papers and proof of service on all parties must be filed no later than five court days before the hearing.

All opposition papers shall be filed no later than five (5) court days prior to the hearing, with proof of service on all parties.

Deadline

2 court days

Reply papers and proof of service on all parties must be filed no later than two court days before the hearing.

All reply papers shall be filed no later than two (2) court days prior to the hearing, with proof of service on all parties.

Applies to

Motion

For an out-of-custody defendant who has not been ordered present, defense counsel must provide written hearing-date notice and file proof of service when the motion is filed.

If the court has not previously ordered the defendant to be present at the motion hearing and the defendant is not in custody, counsel for the defendant shall give written notice of the hearing date to the defendant and file proof of service of same at the time the motion is filed.

Deadline

5 court days

Applies to

Motion

Service

Personal service

Preliminary-hearing suppression motions must be personally served and filed at least five court days before the hearing.

Motions to suppress that are to be heard at the preliminary hearing must be personally served and filed at least five (5) court days before the preliminary hearing.

Deadline

2 court days

Applies to

Opposition

Service

Personal service

The People's written response to a preliminary-hearing suppression motion must be filed and personally served on the self-represented defendant or counsel of record at least two court days before the hearing.

Any written response by the People to the motion shall be filed with the Court and personally served on the self-represented defendant or the attorney of record at least two (2) court days prior to the hearing.

Deadline

5 court days

Applies to

Motion

Proof of service must be filed no later than five (5) court days before the hearing.

Proof of service shall be filed no later than five (5) court days prior to the date of the hearing.

Applies to

Document preparer identification sheet

The document preparer’s identification sheet must be served on the opposing party, filed with the court, and reflected in the proof of service.

B. A document preparer who prepares a paper for filing shall print on a separate sheet of paper the preparer’s name, address, telephone number, FAX number and e-mail number, if any. This separate paper identifying the preparer shall be served on the opposing party, filed with the court, and identified in the proof of service.

Applies to

Document preparer identification sheet

The in pro per preparer-identification sheet must be served on the opposing party, filed with the court, and identified in the proof of service.

C. An attorney, or an employee of an attorney, who prepares a paper for filing as “in pro per” shall print on a separate piece of paper the preparer’s name, address, telephone number, FAX number and e-mail address, if any. This separate paper identifying the preparer shall be served on the opposing party, filed with the court, and identified on the proof of service.

Applies to

Sound recording

A party offering a sound recording at trial must serve a transcript and a copy of the recording on every other party at least two weeks before trial.

A. Any party intending to offer a sound recording in evidence at trial shall prepare a transcript of the sound recording and serve such transcript and a copy of the recording on all other parties at least two (2) weeks before trial.

Applies to

Sound recording transcript

A party disputing a sound-recording transcript must prepare and serve an identifying transcript on all other parties no later than three days before trial.

Any party disputing the accuracy of the transcript shall prepare his or her own transcript of the sound recording identifying the disputed portions and serve that transcript on all other parties no later than three (3) days before trial.

Applies to

Law and motion pleading

All moving and responsive law-and-motion pleadings must be filed, and a true and complete copy must be served on the opposing party.

All moving and responsive law and motion pleadings must be filed and a true and complete copy shall be served on the opposing party.

Applies to

Pleadings

When public assistance is being paid, the DCSS is an indispensable party and must be served with the pleadings.

If public assistance is being paid, the DCSS is an indispensable party to the action and shall be served with the pleadings.

Applies to

Proposed order

Proposed orders requesting the Judicial Officer’s signature must be delivered to the Clerk’s Office.

All proposed orders requesting the Judicial Officer’s signature shall be delivered to the Clerk’s Office.

Applies to

Hearing request

Requests for a hearing requiring the Judicial Officer’s signature must be delivered to the Clerk’s Office.

All requests for a hearing requiring a Judicial Officer’s signature to be calendared shall be delivered to the Clerk’s Office.

Applies to

Proposed order

Service

Mail to opposing party

The preparing party must mail the proposed order to the responding party for approval within 10 calendar days after the hearing.

The preparing party shall mail the proposed order to the responding party for approval within ten (10) calendar days following the hearing.

Deadline

10 calendar days

Applies to

Proposed order

Service

Mail to opposing party

Within 10 calendar days after mailing, the responding party must approve or refuse to approve the proposed order and state alternative language.

The responding party, within ten (10) calendar days after mailing, shall approve or refuse to approve the order and state alternate language.

Applies to

Order after hearing

After the order is signed and filed, the preparing party must serve a conformed filed copy on the opposing party.

After an order has been signed by the Judicial Officer and filed, the party preparing the order shall serve a conformed filed copy on the opposing party.

Deadline

15 calendar days

Applies to

Order after hearing

When applicable, a copy of the filed order must be served on DCSS and/or FCS within 15 days after filing and included in the proof of service.

In addition, if applicable, a copy shall be served on DCSS and/or FCS within fifteen (15) days after filing and shall be reflected on the proof of service.

Deadline

10 calendar days

Applies to

New order

Service

Mail to agency

When DCSS enforces child support and custody changes, a copy of the new order must be mailed to DCSS within 10 days after filing.

In all cases where DCSS is enforcing child support and there is a change of custody, a copy of the new order shall be mailed to the DCSS within ten (10) days of filing.

Deadline

10 calendar days

Applies to

Orders

Service

Mail to agency

The moving party must mail conformed copies of all orders involving DCSS to DCSS within 10 days of filing.

Within ten (10) days of the date of filing, conformed copies of ALL orders involving DCSS shall be mailed by the moving party to DCSS.

Deadline

10 calendar days

Applies to

Subpoena to appear

Service

Personal service

The original and one copy of a subpoena to appear must be personally served on FCS as authorized agent at least ten calendar days before the hearing.

To subpoena a CCRC counselor to appear, the following must be personally served to FCS, as the authorized agent, at least ten (10) calendar days prior to the hearing: a. The original and one copy of the subpoena to appear;

Applies to

Notice of calendar setting

The petitioner must serve one copy of the Notice of Calendar Setting on the respondent with the pleadings.

One copy of the Notice of Calendar Setting shall be served on the Respondent with the pleadings.

Applies to

Notice of calendar setting

The petitioner must include the Notice of Calendar Setting on the proof of service for the summons and petition.

Petitioner must include the Notice of Calendar Setting on the Proof of Service of the Summons and Petition.

Deadline

10 calendar days

Applies to

Settlement conference statement

Unless the judicial officer directs otherwise, Settlement Conference Statements must be served at least ten calendar days before the conference or hearing.

Unless otherwise directed by the judicial officer, Settlement Conference Statements are to be filed and served at least ten (10) calendar days prior to the conference or hearing.

Deadline

10 calendar days

Applies to

Motion

Unless the court orders otherwise, motions in limine must be served at least 10 calendar days before the hearing or trial.

Unless otherwise ordered by the court at the trial/hearing setting conference, all motions in limine must be in writing and filed and served at least ten (10) calendar days prior to the hearing/trial.

Service

Mail to all parties

After receiving the report or dismissal, the court must set a hearing date and give reasonable notice by certified mail, return receipt requested, to the specified participants.

Upon receipt of the report or dismissal, the court shall set a date for hearing of the petition and shall give reasonable notice of hearing to the State Department of Social Services, the petitioner’s attorney in the proceeding, if the petitioner(s) has an attorney of record, or the petitioner(s) and if necessary, the birth parents, by certified mail, return receipt requested, to the address of each as shown in the proceedings.

Service

Mail to all parties

After receiving the report or dismissal, the court must set a hearing date and give reasonable notice by certified mail, return receipt requested, to the specified participants.

Upon receipt of the report or dismissal, the court shall set a date for hearing of the petition and shall give reasonable notice of hearing to the State Department of Social Services, licensed adoption agency, the petitioner’s attorney in the proceeding, if the petitioner(s) has an attorney of record, or the petitioner(s) and if necessary, the birth parents, by certified mail, return receipt requested, to the address of each as shown in the proceedings.

Deadline

5 court days

Applies to

Notice of remote appearance

At least five court days before an evidentiary hearing or trial, the calling party must file and serve a Notice of Remote Appearance and deliver courtesy copies of that form and a proposed remote-appearance order to the hearing department clerk.

If a witness or anyone providing testimony intends to appear remotely at an evidentiary hearing or trial, then, at least five (5) court days before the first day of that hearing/trial, the party calling that witness must: 1) File and serve on all other parties a NOTICE OF REMOTE APPEARANCE (form RA-010); and 2) Deliver a courtesy copy of that form as well as a proposed ORDER REGARDING REMOTE APPEARANCE (form RA-020) to the clerk of the department in which that hearing will be held.

Deadline

3 court days

Applies to

Notice of motion

A written request to disallow a party's remote appearance or testimony at a specific juvenile hearing must be filed and served no later than three court days before that hearing, with form RA-015 permitted for use.

Any party may request the court disallow a remote appearance or testimony of any other party at a specific hearing. Such a request must be made in writing as well as filed and served no later than three (3) court days prior to the hearing that is the subject of the request. [The RA-015 form may be used for this request.]

Applies to

Juvenile records disclosure petition

The petitioner must serve all parties and attorneys with a copy of the completed Request for Disclosure of Juvenile Case File (Judicial Council form JV-570).

Petitioner shall serve all parties and attorneys with a copy of the completed Request for Disclosure of Juvenile Case File (Judicial Council form JV-570).

Applies to

Petition and signed stipulation

When all parties sign, the petitioner must file the petition and signed stipulation and serve both on all parties.

If all parties sign a stipulation, petitioner shall file the petition and signed stipulation with the Juvenile Dependency Court, and serve them upon all parties.

Applies to

Petition and declaration

Without a unanimous stipulation, the petitioner must file the petition with a declaration describing meet-and-confer efforts and the reasons a stipulation was unavailable, then serve the documents on all parties.

If a stipulation is not signed by all parties, petitioner shall file the petition with the Juvenile Court, along with a declaration setting forth petitioner’s efforts to meet and confer with all parties and the reason or reasons that a stipulation could not be obtained, and serve them upon all parties.

Deadline

2 court days

Applies to

Responsive pleadings

Responsive pleadings must be served no later than two court days before the hearing.

Responsive pleadings shall be filed and served no later than two (2) court days prior to the hearing.

Applies to

JV-570

When filing Form JV-570, the petitioner must serve the affected juvenile or known juvenile attorney and provide a copy to the local law enforcement agency.

If filing the JV-570, the following is required: 1) Petitioner shall serve the affected juvenile, or the juvenile’s attorney, if known; and 2) The local law enforcement agency with a copy of the completed Request for Disclosure of Juvenile Case File (Judicial Council form #JV-570).

Applies to

Proceedings

The assigned social worker must provide notice to the CASA for regularly calendared matters, while any party requesting calendar addition must provide notice to the CASA.

3. Notice to CASA. Pursuant to Welfare & Institutions Code § 106, the CASA volunteer must be properly and timely noticed for all proceedings concerning the case on which he or she is appointed. The social worker on/assigned the case is responsible for providing notice to the CASA for regularly calendared matters. Any party requesting that a matter be added to the Court’s calendar is responsible for providing notice to the CASA.

Deadline

2 court days

Applies to

Casa report

The Child Advocates Office must deliver sufficient copies of a CASA report for all parties and counsel at least two court days before the hearing, although the Court may admit a late report in its discretion.

On behalf of any CASA submitting a report to the Court, the Child Advocates Office shall deliver sufficient copies for all parties and their counsel (including parents appearing in pro per) to the Court at least two (2) court days prior to the relevant hearing. The Court has the discretion to admit a CASA report regardless of the time it was submitted.

Deadline

5 court days

Applies to

Discovery motion

The formal-discovery motion must be served on all parties and the hearing department's clerk at least five court days before the hearing.

The motion shall be served on all parties and the clerk of the department hearing the motion at least five (5) court days before the hearing date.

The completed Ex Parte Application to Calendar and Order form must be filed with the Clerk's Office, and copies must be served on all parties.

When the party submitting the completed Ex Parte Application to Calendar and Order form receives that form back from the judicial officer, that party shall file the form with the Clerk's Office and serve copies of the filed form on all parties.

If the court issues the requested travel or care order, the requesting party must file the application and order and provide copies to all counsel.

If the judicial officer issues the requested order authorizing out-of-state travel or medical/dental care, the party who sought the order shall file the ex parte application form and order with the Clerk's Office and provide copies of the filed ex parte application and order form with all counsel.

Non-routine ex parte applications require adequate advance notice to all counsel.

All non-routine ex parte applications must be made only upon adequate advance notice to all counsel in accordance with this rule.

Applies to

Ex parte application

Unless excused for good cause or with all counsel's consent, the applicant must give assigned counsel and the social worker advance notice of an ex parte application's time, place, and basic subject matter by 4:00 p.m. on the preceding day.

The applicant shall give, no later than 4:00 p.m. on the day prior to the proposed ex parte application, advance notice of the time, place, and basic subject matter of the proposed ex parte application to all counsel and the social worker assigned to the case, except for good cause shown or consent of all counsel.

Applies to

Noticed motion

Service

Other

The clerk will not accept a noticed motion unless it includes a proof of service.

No noticed motion shall be accepted by the Clerk unless it is accompanied by a proof of service.

Deadline

10 calendar days

Applies to

Noticed motion

A noticed motion ordinarily requires ten calendar days' written notice to all other counsel, but the court may shorten that period for good cause shown.

A noticed motion must give ten (10) calendar days written notice to all other counsel unless the Court, for good cause shown, prescribes a lesser number of days for notice.

Deadline

5 court days

Applies to

Petition for modification

The petitioner must select a consent-calendar hearing date that provides at least five court days' advance notice to every party.

Petitioner shall select the consent calendar date for the matter to be heard based upon a date which allows at least five (5) court days’ advance notice to all parties.

Applies to

Petition for modification

Copies of the section 388 petition must be provided to both DSS and County Counsel.

Copies are to be provided to both DSS and County Counsel.

Applies to

Petition commence proceeding application

When a family-law-related proceeding is pending, the applicant must also send a copy of the application to Family Court Services.

If a family law-related proceeding is pending, a copy of the application shall also be sent to Family Court Services by the applicant.

Applies to

Request for rehearing

A party requesting juvenile-delinquency rehearing must serve the request on the originating referee within one judicial day after filing the request.

Any party to a juvenile delinquency proceeding requesting a rehearing within ten (10) calendar days after service of a copy of an order and findings shall, within one (1) judicial day after filing a request for rehearing also serve a copy of the request upon the referee from whose decision the request has arisen.

Deadline

5 court days

Applies to

Motion

When the minor is in custody, moving papers must be served on the opposing party at least five court days before the hearing unless the Court sets a different schedule.

All moving papers must be filed and served on the opposing party at least five (5) court days before the time appointed for the hearing.

Deadline

2 court days

Applies to

Opposition

When the minor is in custody, opposition papers must be served at least two court days before the hearing unless the Court sets a different schedule.

All papers opposing the motion must be filed and served at least two (2) court days before the time appointed for the hearing.

Deadline

1 court days

Applies to

Reply

When the minor is in custody, reply papers must be served at least one court day before the hearing unless the Court sets a different schedule.

All reply papers must be filed and served at least one (1) court day before the time appointed for the hearing.

Deadline

10 court days

Applies to

Motion

When the minor is not in custody, moving papers must be served on the opposing party at least ten court days before the hearing unless the Court sets a different schedule.

All moving papers must be filed and served on the opposing party at least ten (10) court days before the time appointed for the hearing.

Deadline

5 court days

Applies to

Opposition

When the minor is not in custody, opposition papers must be served at least five court days before the hearing unless the Court sets a different schedule.

All papers opposing the motion must be filed and served at least five (5) court days before the time appointed for the hearing.

Deadline

2 court days

Applies to

Reply

When the minor is not in custody, reply papers must be served at least two court days before the hearing unless the Court sets a different schedule.

All reply papers must be filed and served at least two (2) court days before the time appointed for the hearing.

Applies to

Court order

Minor’s counsel must request a CVRC referral on the minute order, and the assigned probation officer must promptly serve the resulting order on CVRC and file proof of service with the clerk.

Minor’s counsel shall request that the court include a referral to CVRC on the minute order. The assigned probation officer shall serve the court order forthwith on CVRC and file a proof of service with the court clerk.

Applies to

Status report

A copy of the Status Report and its proof of service must be served on every party legally entitled to notice of the underlying petition.

A Proof of Service, together with a copy of the Status Report, shall be served on all parties who are legally entitled to notice of the underlying petition.

Service

Mail

Notice must be mailed to the proposed successor conservator.

Notice must be mailed to the proposed successor conservator.

A party that elects to file by fax is deemed to consent to service of court notices by fax, subject to the stated exemptions for the Fresno County Public Defender and appointed counsel.

Any party electing to file by facsimile shall be deemed to have consented to service of notices by the Court by facsimile machine.

Applies to

Responsive pleading

A responsive pleading may be filed or served late for good cause or with the opposing party's express consent, and a copy must reach the Judicial Officer's Clerk by 2:00 p.m. on the day before the hearing.

A responsive pleading may be filed or served late for good cause or if the opposing party expressly consents to the late service. A copy of the pleading shall be delivered to the Judicial Officer’s Clerk no later than 2:00 p.m. on the date before the hearing.

Deadline

10 calendar days

Applies to

Letter

Service

Mail to opposing party

If no response is received within 10 days after mailing the proposed order, the preparing party must mail a second letter to the responding party.

If the preparing party does not receive a response within ten (10) days from the date of mailing of the proposed order, the preparing party shall mail a second letter to the respondent party.

Applies to

Motion

The moving party must serve DCSS with the moving papers in a motion to determine arrears.

The party shall serve DCSS with the moving papers.

Applies to

Request for new mediator or ccrc counselor

FCS will not begin investigating a request for a new mediator or CCRC counselor until it confirms that the opposing party received a copy.

The investigation of the request will not begin until FCS can confirm that the opposing party has received a copy of the request.

Applies to

Investigation report

The State Department of Social Services must provide a copy of the completed investigation report to the petitioner's attorney, if any, or to the petitioner.

Once the investigation has been completed, a copy of the report, whether favorable or unfavorable, shall be given by the State Department of Social Services to the petitioner’s attorney in the proceedings, if the petitioner(s) has an attorney of record, or the petitioner(s).

Applies to

Report or findings

A licensed adoption agency must provide a copy of its report or findings to the petitioner's attorney, if any, or to the petitioner.

When the report or findings are submitted to the court by a licensed adoption agency, a copy of the report or findings, whether favorable or unfavorable, shall be given to the petitioner’s attorney in the proceeding, if the petitioner(s) have an attorney of record, or the petitioner(s) by the licensed adoption agency.

After the Petition for Approval of Adoption Agreement is filed, the Court Examiner must set a hearing, and the court may require notice of the hearing to be served on interested persons who may appear and object.

When the Petition for Approval of Adoption Agreement is filed, the Court Examiner shall set the matter for hearing. The court may require notice of the time and place of the hearing to be served on any interested person and any interested person may appear and object to the proposed adoption.

Applies to

Casa report

Only parties and counsel ordinarily receive CASA reports; de facto parents, relatives, foster parents, service providers, and other interested parties require a specific court order.

5. Distribution of Reports. Only parties and their counsel are entitled to receive copies of CASA reports. De facto parents are entitled to receive copies of CASA reports only if there is a court order directing distribution of the CASA report to the de facto parent(s). Relatives, foster parents, service providers and other interested parties are not entitled to receive CASA reports in the absence of a specific court order.

Applies to

Discovery

Upon timely request, parents and guardians must disclose relevant nonprivileged material and information within their control to DSS.

Upon timely request, parents and guardians shall disclose to DSS such non-privileged material and information within the parent's or guardian's control which is relevant.

Applies to

Ex parte application

When practicable, the ex parte moving papers, notice declaration, and any response papers must be served on all other counsel as early as possible before the application.

Whenever possible, the ex parte application moving papers and the Declaration Re Notice of Ex Parte Application form, and any responding papers, shall be served on all other counsel as far in advance of the ex parte application as is practicable.

Applies to

Ex parte application

Ex parte notice may be excused when notice would frustrate the order's purpose or would cause the minor immediate and irreparable physical or emotional harm.

Notice of the ex parte application may be excused if the giving of such notice would frustrate the purpose of the order, or cause the minor to suffer immediate and irreparable physical or emotional harm.

Applies to

Ex parte application

Ex parte notice may also be excused if a good-faith attempt cannot provide notice or if the other counsel do not object to the requested relief.

Notice may also be excused if, following a good faith attempt, the giving of notice is not possible, or if the other counsel do not object to the relief sought by the ex parte application.

Deadline

7 calendar days

Applies to

Notice of motion

Seven calendar days before the '388' consent calendar, the clerk must make copies available to each counsel of record and DSS.

The Clerk will make available copies of the “388” consent calendar to the office of each counsel of record and DSS seven (7) calendar days preceding the date of the “388” consent calendar.

Applies to

Opposition statement

Opposition to the JV-220 Application must be provided to all parties and attorneys, with Form JV-221 filed.

2. Provide notice of the opposition to all parties and attorneys and file a form JV-221 (Notice).

Applies to

Jv 220 packet

The mandatory JV-220 packet must include Form JV-510, Proof of Service - Juvenile.

f. JV-510 – Proof of Service - Juvenile:

Applies to

Minute order

Service

Email

When a standing objection is raised or the assigned judicial officer does not approve the petition, the court sets a new hearing date and e-mails the minute order to the petitioner or attorney.

If a person with standing raises an objection at the hearing, or if the assigned judicial officer does not approve the petition, a new hearing date will be set and a copy of the minute order will be e-mailed to the petitioner or attorney.

Service

Publication

For decedents who resided or owned property within the listed cities, publication may be made in the corresponding listed newspapers.

If the decedent resided or a non-resident decedent, owned property within the city limits of the following cities, publication may be made as follows:

Service

Publication

For decedents who lived outside the listed cities or elsewhere in Fresno County, publication must be in the Fresno Bee or Fresno Business Journal.

If the decedent lived outside the city limits of the cities listed above, or anywhere else within the County of Fresno, publication shall be in the Fresno Bee or the Fresno Business Journal.

Service

Mail

Family Court Services must notify the petitioner or attorney by mail so an investigative appointment can be arranged.

Family Court Services will notify the petitioner or their attorney by mail to set up an appointment in order to conduct an investigation.

After the investigation is complete, Family Court Services must provide a copy of its report to the petitioner's attorney of record, or to the petitioner if unrepresented.

Once the investigation has been completed, a copy of the report, whether favorable or unfavorable, shall be given by Family Court Services to the petitioner’s attorney in the proceeding, if the petitioner has an attorney of record, or the petitioner.