Humboldt Superior Court Service and Proof of Service Rules

Deadline

5 court days

Applies to

Exhibits

All lodged exhibits must be provided to remotely appearing parties, witnesses, and counsel at least five court days before the hearing.

All lodged exhibits must be provided to all parties, witnesses, and counsel appearing remotely at least five (5) court days prior to the hearing.

Deadline

5 court days

Applies to

Itemized damages list

Each party claiming damages must furnish all other parties an itemized list of special damages and the amount of general damages claimed at least five court days before the settlement conference.

In addition to the settlement conference statement required by CRC 3.1380(c), each party claiming damages shall furnish to all other parties as least five (5) court days before the Settlement Conference an itemized list of the special damages and the amount of general damages claimed, and in a personal injury or wrongful death case, a settlement offer.

Deadline

7 court days

Applies to

Pretrial conference statement

Attorneys must serve their respective Pretrial Conference Statements no later than seven court days before trial.

No later than seven (7) court days prior to trial, the attorneys shall file and serve their respective Pretrial Conference Statements.

Deadline

7 court days

Applies to

Trial memorandum

A copy of the trial memorandum must be served on all parties no later than seven court days before trial.

The original of this document shall be filed, and a copy served on all parties, no later than seven (7) court days prior to the scheduled date of trial.

Deadline

14 court days

Applies to

Motion in limine

Unless the court agrees otherwise, motions in limine must be served no later than 14 court days before trial.

Unless otherwise agreed to by the court, counsel must file and serve motions in limine and opposition thereto no later than fourteen (14) court days and seven (7) court days, respectively, prior to the scheduled date of trial.

Applies to

Notice of inclusion

The filing party must serve the Notice of Inclusion with the complaint.

Said notice shall be served by the filing party with the complaint.

Applies to

Notice of hearing

The Notice of Hearing must be served on all parties and accompanied by a filed proof of service.

Be served on all parties, with a filed proof of service reflecting same.

Applies to

Notice of substitution

An attorney withdrawing from a defendant's representation must file and serve a signed written notice of substitution on all parties, including the defendant, and file proof of service before the substitution becomes effective.

Any attorney wishing to withdraw from representing a defendant must file and serve on all parties, including the defendant, a written notice of substitution of attorney, providing the name and contact information of the new attorney. The written notice must be signed by the new attorney. The substitution is not effective until proof of service of the notice is filed with the court.

Applies to

Notice of substitution

Appointed counsel who withdraws must arrange for appointment of a new attorney through the County of Humboldt's appointment panel and file and serve a written substitution notice.

Any appointed counsel who must withdraw from representing a defendant must arrange for a new attorney to be appointed, through the County of Humboldt’s appointment panel. The withdrawing attorney must file and serve a written notice of substitution as in subparagraph (a) above.

Applies to

Notice of hearing

A copy of the petition must be served with each notice of hearing for special-notice recipients and testamentary-trustee accountings.

A copy of the petition shall be served with each notice of hearing when served on a person requesting special notice or where the petition is the accounting of a testamentary trustee.

Applies to

Notice of hearing

When requesting fees or commissions other than those computed under Probate Code §§ 10800–10810, the notice of hearing and a copy of the petition must be served on all parties.

Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §§10800 -10810, the notice of hearing and a copy of the petition shall be served on all parties.

When filing an amended petition without court leave, a copy must be served on all parties no later than the pretrial hearing.

The petition may be amended without leave of court, by filing the amended petition and serving a copy on all parties no later than the pretrial hearing and thereafter by leave of court.

Applies to

Social report

In dependency proceedings, social reports must be available to all counsel and may be placed in designated court boxes or mailed to counsel.

(e) In dependency proceedings social reports prepared by the probation officer or social worker must be available to all counsel as required by law. Such reports may be placed in designated court boxes or mailed to counsel.

Deadline

5 court days

Applies to

Social worker log notes

In contested proceedings, social worker log notes must be available to all counsel five court days before the hearing unless the court orders otherwise.

(f) In contested proceedings the social worker log notes shall be made available to all counsel five (5) court days before the hearing unless otherwise ordered by the Court.

Applies to

Expert reports

The names of experts a party will call and copies of their reports must be made available to all parties.

(g) The name of any experts to be called by any party and copies of their reports shall be made available to all parties.

Applies to

Transcript request

Proof of service for a reporter’s transcript request must be provided on all parties or their counsel when the request is filed.

In any juvenile case a party requesting a reporter’s transcript shall file a written request for an order with proof of service on all parties or their counsel.

Applies to

Signed transcript order

Counsel must serve the appropriate reporter with a copy of the signed transcript order.

It is counsel’s responsibility to serve the appropriate reporter with a copy of the signed order.

Deadline

10 calendar days

Applies to

Peremptory challenge

A written peremptory challenge to the regularly assigned juvenile judicial officer must be served on all parties or their attorneys of record at least ten calendar days before trial or hearing.

Any peremptory challenge to the judicial officer regularly assigned to juvenile matters must be made in writing and shall be served on all parties, or their attorneys of record, no less than ten (10) calendar days prior to the trial or hearing.

Applies to

Social worker or probation officer report

A social worker’s or probation officer’s report must be filed with the court and served on the parties or counsel as required by law unless the court orders otherwise.

(a) The report must have been filed with the Court and served on the parties or their counsel as required by law unless otherwise ordered by the Court.

Deadline

10 calendar days

Applies to

Notice of motion and motion papers

Service

Personal service to opposing party

The moving party must serve the motion papers on all other counsel at least ten (10) calendar days before the hearing if served personally, or fifteen (15) calendar days before if served by mail.

Moving party must serve the notice of motion and motion, points and authorities, and all supporting documents upon all other counsel in the case at least ten (10) calendar days before the date of the hearing if personally served, or fifteen (15) calendar days before the hearing if served by mail.

Deadline

5 court days

Applies to

Opposition

Opposition papers must be served no later than five court days before the hearing.

If opposing counsel plans to file points and authorities or any other documents in opposition to the motion, the documents must be filed with the Clerk’s Office and served no later than five (5) court days before the date set for hearing.

Deadline

2 court days

Applies to

Reply

Service

Personal service

Reply papers must be personally served no later than two court days before the hearing.

All reply papers must be filed and personally served no later than two (2) court days before the hearing.

Applies to

Notice of motion

The Clerk’s Office will not accept a noticed motion without an accompanying proof of service.

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

Before submitting proposed ex parte orders, the applicant must notify all counsel, social workers, and unrepresented parents or explain why notice was not given.

Before submitting ex parte orders to a judge or commissioner for approval, the applicant must give notice to all counsel, social workers, and parents who are not represented by counsel or explain the reason notice has not been given.

The ex parte applicant must serve all noticed parties with the Court’s decision or calendaring notice and notify all parties of any hearing date and time.

The applicant is responsible for serving all noticed parties with copies of the Court’s decision or notice that the Court has calendared the matter, and the applicant shall notify all parties of any hearing date and time set by the Court.

Notice may be excused when notice would frustrate the order’s purpose or cause the child immediate and irreparable injury.

Notice may be excused if the giving of such notice would frustrate the purpose of the order or cause the child to suffer immediate and irreparable injury.

Notice may be excused when, after a good-faith effort, notice is impossible or when the opposing parties do not object to the ex parte orders.

Notice may also be excused if, following a good faith attempt, the giving of notice is not possible, or if the opposing parties do not object to the requested ex parte orders.

In non-emergency situations, the Department must give notice of a child's placement change at least five working days before the change.

(a) In non-emergency situations, the Department shall give notice at least five (5) working days prior to the change in placement.

The Department must provide at least ten working days' notice before removing a child from one county to another, except when emergency circumstances prevent timely notice.

(b) Prior to removal of a child from one county to another, the Department shall provide notice at least ten (10) working days unless emergency circumstances prevent such notice.

For an emergency placement change, the Department must give immediate notice and, in all cases, notice no later than 48 hours or two working days after the change.

(c) In emergency circumstances the Department shall give notice immediately and in no case later than 48 hours (two working days) following the child’s change in placement.

The child's counsel must immediately receive notice of the reasons for a placement change and the caretaker's name, address, and phone number.

(e) The child’s counsel shall be informed immediately of the reasons for the change in placement, and the address, phone number and name of caretaker of the child.

Deadline

5 court days

Applies to

Expert report

A party intending to have an expert testify must make the expert's report, if one exists, available to all other parties at least five court days before the contested hearing.

(d) When a party decides to have an expert testify at any contested hearing, that party shall make available to all other parties, at least five (5) court days before date set for hearing, copies of the expert’s report, if any.

Copies of a child advocate's order of appointment must be served on all parties or their counsel.

(2) When an appropriate child advocate has been identified, that person’s name shall be submitted to the Court for appointment. Copies of the order of appointment shall be served on all parties or their counsel.

Deadline

2 court days

Applies to

CASA report

The CASA Report must be served on all parties or their attorneys at least two court days before the hearing, with proof of service attached.

(2) At least two (2) court days before the hearing, the CASA Report shall be served on all parties or their attorneys. A proof of service shall be attached to each report.

Copies of the CASA child-advocate order must be served on all parties or their counsel.

Copies of the order shall be served on all parties or their counsel.

Copies of the signed order granting the child advocate access and interview authority must be served on all parties or their counsel.

The Judicial Officer making the appointment shall sign an order granting the advocate the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer appointed to investigate proceedings on behalf of the Court. Copies of the order shall be served on all parties or their counsel.

Applies to

Motion

The moving party must provide the child advocate timely notice of every motion concerning the child.

In any motion concerning the child, the moving party shall provide the advocate timely notice.

Unless excused by the trial court, the parties must exchange good-faith settlement demands and final disclosure declarations at least 14 calendar days before the Mandatory Settlement Conference.

No later than fourteen (14) calendar days before the Mandatory Settlement Conference, the parties shall exchange good faith settlement demands and final declarations of disclosure.

Applies to

Statement of issues contentions and proposed disposition

Both parties must serve the settlement statement on the applicable deadline in every matter set for contested trial.

When a matter is set for contested trial, both parties shall file and serve a “Statement of Issues, Contentions and Proposed Disposition of the Case” (see Appendix 8.9) no later than ten (10) calendar days prior to the settlement conference or ten (10) calendar days prior to the trial date, whichever is greater.

Applies to

Change of counselor request

The requesting party must immediately deliver copies of a change-of-counselor request to the counselor and every other party and attorney.

Copies of the request must be delivered by the requesting party immediate to the counselor and all the other parties and attorneys, if any.

Applies to

Papers submitted to counselor

Papers submitted to the Counselor for consideration must be accompanied by proof of service.

All papers submitted to the Counselor for consideration shall first be filed with the Court and must be accompanied by a proof of service.

Applies to

Ex parte application

Notice to the opposing party or attorney must be given by 10 a.m. on the preceding court day before the matter is submitted, unless the court excuses the requirement.

A. I HAVE given notice to the opposing party and/or their attorney by the following method: Telephone Voicemail Message In writing by Personal delivery Fax Overnight Carrier First Class Mail Other: _______________________ Date: ______________ Time: ______________ (Notice must be given by 10 a.m. the court day prior to the time the matter is to be submitted to the court unless excused by the court)

Applies to

Ex parte request

Unless the court excuses notice, the other party must receive notice of the request for order before the request is delivered to the court.

Unless notice is excused by the Court, you must provide notice of your Request for Order to the other party before you deliver it to the Court.

A person or agency seeking juvenile records must give notice to all necessary parties using the JV-570 form.

The person or agency seeking the records shall give notice to all necessary parties (see form JV-570).

Applies to

Ex parte application

The declarant must identify how the other party's receipt of the papers was confirmed.

I have received confirmation that the other party has received my papers as follows: (Check one below) In person/telephone (describe): _________________________________________________________________ Confirmation of receipt Other: ___________________________________.

Applies to

Ex parte application

Notice of an ex parte order request may be omitted if at least one stated circumstance applies, including specified restraining-order proceedings, threatened irreparable harm or property loss, inability or futility of notice, frustration of the order's purpose, the other party's agreement, or consolidation with an already scheduled hearing.

B. I HAVE NOT given notice of the ex parte request for orders because (check all that apply): This is an application for Domestic Violence Prevention Act (DVPA) restraining orders or restraining orders for Civil Harassment, Elder Abuse or Workplace Violence. Great or irreparable injury will result to me or children affected by this order before the matter can be heard on notice Giving notice would result in immediate and irreparable damage to or loss of property subject to disposition in this case. I am unable to serve the other party 21 days before the hearing. It is impossible to give notice and futile to try do so. Giving notice would frustrate the purpose of the order (explain) _______________________________________________ The other party agrees to the orders requested. A hearing between the parties is already set, I am asking that his motion be heard at the same time. Other: _______________________________________________________________________________________

Service

Personal service

Service accomplished in court boxes by noon is treated as personal service.

Service in court boxes by noon shall be considered personal service.

Notice of a child's placement change may be given in writing, orally, or by telephone.

(d) Notice may be given in writing or orally and by telephone.