Glenn Superior Court Service and Proof of Service Rules

CRITICAL

For an orally agreed Law and Motion continuance, the requesting party must file written notification with proof of service on opposing party or counsel before the hearing date and time.

By oral agreement of the parties, provided the requesting party files with the Court, prior to the date and time set for the hearing, written notification with proof of service to opposing party/counsel.

CRITICAL

Deadline

10 court days

Applies to

Notice of remote appearance

Parties must file and serve form RA-010 at least 10 court days before an evidentiary hearing or small claims trial.

Parties must file and serve a Notice of Remote Appearance (form RA-010) at least ten (10) court days before the hearing for an evidentiary hearing or small claims trial

CRITICAL

Deadline

5 court days

Applies to

Notice of remote appearance

Parties must file and serve form RA-010 at least 5 court days before all other hearings.

or five (5) court days before all other hearings.

CRITICAL

Deadline

5 court days

Applies to

Motion

In criminal matters, parties must file and serve a motion at least 5 court days before the hearing to request authorization for a video appearance.

Parties must file and serve a motion at least five (5) court days before the hearing.

CRITICAL

Deadline

10 court days

Applies to

Request to appear remotely

Parties must file and serve form RA-025 at least 10 court days before a juvenile dependency hearing, subject to the stated short-notice exception.

Parties must file and serve a Request to Appear Remotely-Juvenile Dependency (form RA-025) at least ten (10) court days before the hearing

CRITICAL

Applies to

Notice of intent to appear remotely

For a juvenile dependency hearing set with less than 10 days’ advance notice, parties must file and serve notice of their intent to appear remotely by 2:00 p.m. on the preceding court day.

except for hearings set to take place with less than ten (10) days’ advance notice, wherein parties must file and serve notice of their intent to appear remotely no later than 2:00 p.m. on the court day before the proceeding.

CRITICAL

Deadline

10 court days

Applies to

Notice of remote appearance

Parties in juvenile justice matters must file and serve form RA-010 at least 10 court days before the hearing, subject to the stated short-notice exception.

Parties must file and serve a Notice of Remote Appearance (form RA-010) at least ten (10) court days before the hearing

CRITICAL

Deadline

5 court days

The parties must serve and file a written statement of the facts, law, and their respective contentions five court days before the settlement conference.

Serve and file five (5) court days before the conference, a written statement of the facts, law and respective contentions of the parties.

CRITICAL

Moving, opposing, and reply papers must be served 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.

CRITICAL

Applies to

Claim opposing forfeiture

A claim opposing forfeiture must contain proof that the claim was served on the District Attorney.

No claim opposing forfeiture will be filed unless it contains proof of service on the claim on the District Attorney.

CRITICAL

Service

Mail

The petitioner’s attorney, or the petitioner if self-represented, is responsible for mailing all required notices.

The attorney for petitioner (or petitioner if in propria persona) shall be responsible for the mailing of all required notices.

CRITICAL

Service

Mail

The petitioner's attorney, or the petitioner if self-represented, is responsible for mailing all required notices.

The attorney for the petitioner (or the petitioner if in propria persona) shall be responsible for the mailing of all required notices.

CRITICAL

Service on a second-degree relative at the county seat is sufficient only if a declaration shows reasonable efforts to locate the relative.

If there are relatives within the second degree whose whereabouts are alleged to be unknown, service upon any such relative at the county seat will be sufficient ONLY if a declaration is filed showing that reasonable efforts were made to locate such relatives.

CRITICAL

Incomplete service of a citation on the return date cannot be perfected by continuance and later service; an amended citation must be issued instead.

If service of the citation is incomplete on the return date, it cannot be perfected by continuance and completion of service, except by issuance of an amended citation.

CRITICAL

If the court denies a request to waive notice, notice must be given as provided by CRC rule 5.165.

If the Court denies the request to waive notice, then notice must be given as outlined in CRC, rule 5.165.

CRITICAL

Deadline

10 court days

A subpoena for the Counselor’s testimony in Court requires compliance with the cited statute and ten court days’ notice to the Counselor and the Court, unless good cause supports shorter notice.

However, the Counselor may be subpoenaed to testify in Court subject to compliance with Gov. Code §68097.1, et seq. and upon ten (10) court days’ notice to the Counselor and the Court unless good cause is shown to shorten notice.

CRITICAL

Before providing case documents or unsolicited comments to the evaluator, counsel must first provide copies to the other side and minor’s counsel at least 72 hours in advance, with an additional five days for mailing.

An attorney for a party or minor’s counsel must not provide the evaluator with documents or unsolicited comments pertaining to the case, without first providing the other side and minor’s counsel, if any, with a copy of those documents at least 72 hours in advance, plus an additional five (5) days for mailing so that any objections to submission may be addressed.

CRITICAL

Applies to

Evaluator report

The evaluator’s report must be distributed to the Court and parties or counsel, but not to minor children absent good cause and a court order.

The report shall be distributed to the Court and the parties or their counsel of record, and shall not be distributed to minor children, except upon a showing of good cause and order of the court.

CRITICAL

Deadline

5 court days

The evaluator must receive a subpoena at least five court days before the hearing or trial unless good cause is shown.

The Evaluator must receive a subpoena at least five (5) court days prior to the hearing or trial, unless good cause is shown.

CRITICAL

Applies to

Partial investigation report

Partial investigation reports must be provided to the parties at the time designated by the Court.

Partial investigation reports shall be provided to the parties at the time designated by the Court.

CRITICAL

Applies to

Mediated agreement

After the parties reach a custody and visitation agreement in mediation, they must receive a copy signed by all parties and the Counselor before leaving mediation.

Upon reaching an agreement regarding child custody and visitation in mediation, a copy of the Mediated Agreement, signed by all parties and the Counselor, shall be provided to the parties before leaving mediation.

CRITICAL

Applies to

Child custody investigation report

The investigation report must be distributed to the Court and parties or counsel, but not to minor children absent good cause.

The report shall be distributed to the Court and the parties or their counsel of record, and sh ll not be distributed to minor children, except upon a showing of good cause.

CRITICAL

Deadline

5 court days

The investigator must receive a subpoena at least five court days before the hearing or trial unless good cause is shown.

The Investigator must receive a subpoena at least five (5) court days prior to the hearing or trial, unless good cause is shown.

CRITICAL

An At Issue Memorandum must be served before a contested case is set for trial, unless the court sets the trial date in open court with all parties present.

An At issue Memorandum [GCSC FL-050] shall be filed and served before any contested case will be set for trial, unless the court sets the trial date in open court with all parties present.

CRITICAL

A motion to continue must be timely served before the trial date.

Any motion to continue must be filed and timely served prior to the trial date.

CRITICAL

Deadline

5 court days

In contested trials or hearings, both parties must serve the specified materials at least five court days before the trial or long-cause date.

Where a matter is set for contested trial/hearing, either short or long cause, both parties shall file and serve at least five (5) court days prior to the trial/long cause date, the following:

CRITICAL

If a stepparent visitation petition is filed in a dissolution proceeding, summons on joinder must be served.

Pursuant to CRC, rule 5.24 a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding.

CRITICAL

If the petition is filed in a dissolution proceeding, a grandparent must serve summons on joinder.

Pursuant to CRC, rule 5.24, a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding.

CRITICAL

Deadline

5 court days

A discovery motion must be served on all parties at least five court days before the hearing.

A discovery motion under this Rule shall be filed and served on all parties at least five (5) court days before the hearing.

CRITICAL

Deadline

2 court days

Responsive papers must be served at least two court days before the hearing.

Any responsive papers shall be filed and served two (2) court days prior to the hearing.

CRITICAL

Deadline

10 calendar days

Expert names and report copies must be provided to all counsel at least ten calendar days before the hearing.

The names of experts to be called by any party and copies of their reports shall be provided to all counsel at least ten (10) calendar days before the hearing.

CRITICAL

Deadline

48 hours

Witness lists must be provided to all counsel at least 48 hours before the hearing.

Witness lists shall be filed with the court and provided to all counsel at least 48 hours prior to the hearing.

CRITICAL

The moving party must provide the Special Advocate timely notice of any motions.

The moving party shall provide the Special Advocate timely notice of any motions

CRITICAL

Deadline

2 court days

CASA must serve the report on the parties to the case, including those listed, at least two court days before the hearing.

CASA shall serve a copy of the report on the parties to the case, including but not limited to county counsel, attending case social worker, child’s attorney, parents’ attorney, child (via foster family agency), ICWA representative (if applicable) and de facto parents. CASA shall serve a copy of the report on the parties entitled to receive a copy at least two (2) court days prior to the hearing.

WARNING

If the Judge requests it, the Court sets the ex parte hearing date and time; parties must provide their papers to the Court and affected counsel with adequate review time, and should serve moving papers before the hearing by personal delivery, fax, express mail, or similar means whenever practicable.

If requested by the Judge, ex parte hearings dates and times will be set by the Court and will be heard only after each party with papers to present has given them to the Court and other affected party’s counsel, 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, fax, express mail, or similar means before the hearing.

WARNING

Deadline

5 court days

Applies to

Opposition to remote proceedings

A party may file and serve form RA-015 at least 5 court days before an evidentiary hearing or small claims trial after notice of a remote video appearance.

In response to a notice of a remote appearance by video for an evidentiary hearing or small claims trial, a party may file and serve an Opposition to remote Proceedings at Evidentiary Hearing or Trial (form RA-015) at least five (5) court days before the proceeding.

WARNING

Deadline

5 court days

Applies to

Request to compel physical presence

In response to a request for remote video appearance, a party may file and serve form RA-030 at least 5 court days before the proceeding, subject to the stated short-notice exception.

In response to a request for remote appearance by video, a party may file and serve a Request to Compel Physical Presence-Juvenile Dependency (form RA-030) at least five (5) court days before the proceeding

WARNING

Applies to

Notice of objection to remote appearance

For a juvenile dependency hearing set with less than 10 days’ advance notice, a party must file and serve notice of objection by 2:00 p.m. on the preceding court day.

except for hearings set to take place with less than ten (10) days’ advance notice, wherein parties must file and serve notice of their objection no later than 2:00 p.m. on the court day before the proceeding.

WARNING

Deadline

5 court days

Applies to

Opposition to remote proceedings

In juvenile justice matters, a party may file and serve form RA-015 at least 5 court days before the proceeding, subject to the stated short-notice exception.

In response to a request for remote appearance by video, a party may file and serve a Opposition to Remote Proceedings at Evidentiary Hearing or Trial (form RA-015) at least five (5) court days before the proceeding

WARNING

Service

Mail to opposing party

Evaluators may petition to withdraw from a case by submitting a request in writing to the court and mailing copies to counsel for the parties, or to the parties if they are unrepresented.

Evaluators may petition to withdraw from a case by submitting a request in writing to the court and mailing copies to counsel for the parties, or to the parties if they are unrepresented.

INFO

Notice may be provided by filing and serving a declaration on all parties.

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