Kern Superior Court Service and Proof of Service Rules

Deadline

5 calendar days

Applies to

Casa court report

Service

Other

A serving CASA must file and serve written reports at least five calendar days before the listed review, dispositional, permanency, selection-and-implementation, and post-permanency hearings, unless the court excuses compliance for good cause.

In any case in which a CASA has been appointed by the court and is now serving on that case, the CASA must file and serve written reports to the court and on the parties and/or their counsel at least five (5) calendar days before each of the following hearings: those dispositional hearings that have been continued pursuant to Welfare and Institutions Code section 358(a)(2) and (3); subdivision (a); six-month review; twelve-month review (permanency hearing); eighteen-month review (permanency review hearing); selection and implementation hearing (Welfare and Institution Code section 366.26 hearing); and post-permanency planning reviews. The court may excuse compliance with the above for good cause.

Applies to

Notice of assignment

CASA must serve the Notice of Assignment on all parties within five business days after the selected EH-CASA is assigned.

Within five business days after the assignment of the selected EH-CASA, CASA shall file with the Court and serve on all parties a Notice of Assignment Pursuant to Standing Order Number 18-____ in the affected proceeding that contains the name of the selected EH-CASA and describes the assignment as having been made pursuant to this order.

Deadline

15 calendar days

The defendant must be served at least 15 calendar days before trial.

SERVICE – The Defendant MUST BE served at least 15 calendar days before the trial (20 days if they reside outside of Kern County).

Deadline

5 calendar days

The original completed Proof of Service must be filed with the court at least 5 calendar days before trial.

You must file the original completed Proof of Service at least 5 calendar days before your trial or your case may be dismissed.

Applies to

Standing order

Service

Personal service

The Sheriff, his deputies, or their agents must personally serve the Order on a person appearing to violate it, advise that person of the apparent violation, and promptly notify the appropriate court officials if the violation continues after notice.

The Sheriff of Kern County and his deputies and their agents are directed to serve a copy of this Order personally on any person who appears to be in violation thereof, to advise such person of the apparent violation, and, if the apparent violation continues after such notice, to STANDING ORDER-EXPRESSIVE ACTIVITY - 5 ===== PAGE 6 ===== immediately notify the Court's Executive Officer, Presiding Judge, or Supervising Judge responsible for that courthouse, as may be available in that order, so that the Court can determine whether proceedings should be initiated to ensure compliance with this Order.

Service

Electronic service to all parties

A represented party, or an unrepresented party consenting to electronic service, must provide its electronic service addresses when it first electronically files, may list two addresses, and those addresses are proper for service.

Each represented party, or unrepresented parties who consent to electronic service, must furnish their electronic service address(es) on the first occasion they electronically file any paper. Each party may have two electronic service addresses in each case. The electronic service addresses provided will be deemed proper for service.

Deadline

7 calendar days

Service

Electronic service to all parties

A party must serve all other parties or their attorneys and file a notice of electronic-address change with the court within seven days after the address changes.

A party whose electronic service address changes while the action or proceeding is pending must serve on all parties and file with the court a notice of change of electronic address. This notice must be served on all other parties or their attorneys of record and filed with the court within seven (7) days of the change.

Service

Personal service

When using personal service, the plaintiff must provide proof of service.

For personal service, it is the responsibility of the plaintiff to provide proof of service.

Applies to

Claim and order

Service

Personal service

The plaintiff may not personally serve the Claim and Order.

The plaintiff shall not personally serve the Claim and Order.

Deadline

3 calendar days

Proof of service must be filed with the Clerk at least three calendar days before the scheduled court date or the case will be removed from the calendar and dismissed without prejudice.

Cases in which there is no proof of service filed with the Clerk of the Court at least three (3) calendar days prior to the scheduled court date shall be removed from the court calendar by the Clerk of the Court and dismissed without prejudice.

Applies to

Notice of case assignment

The Notice of Case Assignment must be served on all parties together with the case-initiating documents.

A copy of this notice must be served on the parties with the case initiating documents.

Applies to

Notice of cmc

Unless the Notice of CMC appears on the complaint, the plaintiff must serve it on each defendant with the summons and complaint.

Plaintiff must serve the Notice of CMC (if not noted on the face of the complaint) on each defendant along with the summons and complaint.

Applies to

Complaint

Proof of service for the complaint or cross-complaint and summons must include proof of service of the Notice of CMC unless it is noted on the complaint.

Proof of service of the complaint or cross-complaint and summons shall include proof of service of a Notice of CMC if not noted on the complaint.

Applies to

Notice of cmc

A cross-complainant must serve a Notice of CMC on each new party together with the cross-complaint and summons.

Any cross-complainant shall serve upon any new party to the action a Notice of CMC, along with the cross-complaint and summons thereon.

The listed final case management documents must be served on every other party and submitted to the court at least five days before the final case management conference and no less than fifteen days before trial.

At least five (5) days prior to any final case management conference set in advance of the day of trial but no less than fifteen (15) days prior to the date the matter is set for trial each party shall serve on every other party and submit to the court the following:

Deadline

180 calendar days

Applies to

Complaint

In a Rule 3.740 collection action, each named defendant must be served within 180 days of filing the complaint, with a proof of service filed or an order for publication obtained.

All named defendants must be served and a proof of service must be filed or an order for publication of the summons must be obtained as to each named defendant within one hundred eighty (180) days of the date of filing of the complaint.

When the insurer claim is resolved, plaintiff’s counsel must notify the insurer that the action is pending and seek consent to dismiss it.

When plaintiff’s claim is resolved against his insurer, plaintiff’s counsel shall give notice to the insurer that the action is pending in this court and shall seek consent from the insurer to dismiss the action.

The original notice must be filed with appropriate proof of service, and plaintiff’s attorney must provide the court with the insurer representative’s name, address, and phone number.

In filing the original of such notice with the court with appropriate proof of service, plaintiff’s attorney shall provide the court with the name, address and phone number of the appropriate representative of plaintiff’s insurer.

Deadline

20 calendar days

Applies to

Proof of service

In an unlawful-detainer action, proof of service or an application for posting-and-mailing service must be filed within 20 days after the complaint unless a responsive pleading has already been filed.

A proof of service or application for service by posting and mailing pursuant to Code of Civil Procedure section 415.45 must be filed within twenty (20) days of the date of filing of the complaint, unless an answer or other responsive pleading has been filed.

Service

Other

For posting-and-mailing service, due diligence is satisfied by three separate attempts on three dates, with no more than two attempts on holidays and at least one attempt before noon and one after noon.

The requirements of due diligence shall be deemed satisfied if the declaration of attempted service shows at least three (3) separate attempts to serve, on three (3) different dates, not more than two (2) of which may be on a holiday as defined in Code of Civil Procedure section 10, with at least one (1) such attempt before noon and one (1) such attempt after noon.

Applies to

Proof of service

When summons and complaint are served by posting and mailing, proof of that service must be filed within 10 days after issuance of the order permitting service.

In cases in which service of the summons and complaint is made by posting and mailing pursuant to Code of Civil Procedure section 415.45, proof of service by posting and mailing shall be filed within ten (10) days of the date of issuance of the order permitting service pursuant to Code of Civil Procedure section 415.45.

Applies to

Notice of poststorage hearing

The requesting party must serve the warrant-executing person or agency with the Notice of Poststorage Hearing and file proof of service by the hearing date.

(d) The requesting party must serve the person or agency who executed the warrant with a copy of the Notice of Poststorage Hearing and must file a proof of service of the Notice before or on the date of the hearing.

Applies to

Motion

Criminal Law and Motion matters must provide notice to all opposing counsel, co-counsel, and counsel for codefendants in accordance with applicable law and court rules.

All criminal matters filed for Law and Motion hearings shall comply with all applicable laws and Rules of Court, including the notice requirement that mandates notice be provided to all opposing counsel, co-counsel, and counsel for all codefendants.

Applies to

Motion

Unless law or an order provides otherwise, motions must be served at least 10 court days before the hearing on all opposing counsel, co-counsel, and counsel for all codefendants.

Except as otherwise provided by law or order shortening or lengthening time, motions must be filed and served no later than ten (10) court days before the hearing on the motion. Service is required on all opposing counsel, co-counsel and counsel for all codefendants.

Applies to

Bail review motion

Felony bail-review or Humphrey motions must be served on the Kern County Probation Department at least two days before the hearing.

Motions filed in felony cases for a bail review hearing, also known as a Humphrey Motion (In re Humphrey (2021) 11 Cal.5th 135), must be served on the Kern County Probation Department, located at 1415 Truxtun Avenue, Bakersfield, California 93301, at least two days prior to the hearing on the request.

Applies to

Order of appointment

The party obtaining an Evidence Code section 1017 appointment must serve the order on the District Attorney's Office within two court days and file proof of service with the court.

The party obtaining an appointment must serve a copy of the order upon the District Attorney's Office within two (2) court days of the order's date. Proof of service must be filed with the court.

Applies to

Petition for dismissal

A misdemeanor or infraction petition for dismissal must be served on the Kern County District Attorney's Office and Kern County Probation Department before filing, with proof of service filed concurrently with the petition.

Prior to filing, the petition must be served on the Kern County District Attorney’s Office (“KCDA”) and the Kern County Probation Department (“KCPD”). Proof of service shall be filed with the Court concurrently with the petition for dismissal.

A verified claim submitted for filing must include proof of service on the prosecuting agency.

A verified claim submitted to the court for filing must be accompanied by a proof of service on the prosecuting agency.

A defendant or verified claimant seeking a Penal Code section 186.11(f)(2) hearing must serve the prosecuting agency and file a request for hearing with the court.

A defendant or a claimant who has filed a verified claim, who seeks a hearing under Penal Code section 186.11(f)(2) to determine if a TRO should remain in effect, or if other relief should be granted, must serve on the prosecuting agency and file with the court a request for hearing.

Applies to

Notice of case assignment

The litigant must receive a Notice of Case Assignment when the case is filed.

The litigant will receive a Notice of Case Assignment when the case is filed.

Applies to

Notice of case assignment

When the court reassigns a case to a different judge, the court must notify the parties of the new assignment.

Nothing in these rules shall prevent the court from reassigning a case to a different judge, in which case the court shall notify the parties of the assignment.

Applies to

Notice of case reassignment

Service

Electronic service to all parties

Court-initiated reassignments caused by a judicial-officer change are publicly posted and noticed through the case-management system at least 30 days before reassignment.

All family law case reassignments initiated by the court as a result of the change of a judicial officer in a department, are posted online and also on the courthouse electronic monitors or in the courthouse lobbies, and will be noticed through the court’s case management system at least 30 days in advance of the reassignment.

Applies to

Notice of case reassignment

Service

Mail

The court must mail case-specific reassignment notice to every self-represented litigant.

The court will mail case-specific notice to all self-represented litigants.

Notice of an ex parte hearing must be given to all counsel and unrepresented opposing parties by 8:30 a.m. on the court day before the hearing.

Notice shall be given to all counsel and all opposing parties, if not represented by counsel, by 8:30 a.m. the court day before the scheduled hearing.

Copies of ex parte paperwork submitted to the Clerk’s Office must be served on all counsel and unrepresented opposing parties by 1:00 p.m. the day before the hearing.

Copies of all paperwork turned in to the Clerk’s Office must be served on all counsel and all opposing parties, if not represented by counsel, by 1:00 p.m. the day before the scheduled hearing.

When a child-support Request for Order, Order to Show Cause, or Notice of Motion is filed and a party receives cash aid such as CalWORKs/TANF or Medi-Cal, the moving party must serve their moving papers on the local Department of Child Support Services.

If a party receives cash aid such as CalWORKs/TANF or Medi-Cal, and a Request for Order, Order to Show Cause, or Notice of Motion is filed relating to child support, the moving party must serve a copy of their moving papers on the Department of Child Support Services (local child support enforcement agency).

The initial status conference date must be provided to the petitioner when the petition is filed, and the petitioner must serve the notice on the respondent with the petition.

The notice of the initial Status Conference date shall be provided to the Petitioner at the time the Petition is filed. The Petitioner shall serve a copy of the Notice on the Respondent along with the Petition.

Applies to

Updated uccjea form

When a party obtains additional information, the updated UCCJEA form must be served on the other party.

A party has a continuing duty to file an updated UCCJEA form and have it served on the other party if he or she obtains additional information

Applies to

Complaint about minor counsel

A copy of the complaint and proof of service on all attorneys and self-represented parties must be delivered to the Supervising Family Law Judge through the Judicial Secretary.

A copy of the complaint with proof of service on all attorneys and self-represented parties must be delivered to the Supervising Family Law Judge in care of the Judicial Secretary.

Deadline

20 calendar days

Applies to

Flcm rules objection

A party objecting to the FLCM Rules must serve and file a written objection within 20 days after service of the FLCM Notice.

If a party objects to the application of the FLCM Rules, that party must serve on the other party and file with the Court a written objection within 20 days of the service of the FLCM Notice.

Service

Electronic service

Electronic service of all pleadings and documents applies when the parties consent to or the court orders application of the FLCM Rules.

When the parties consent to, or the Court orders the application of, the FLCM Rules, all parties will be subject to electronic service of all pleadings and documents.

Applies to

Electronic service address notice

Service

Electronic service

Each party must promptly provide the other party with all electronic service addresses in writing and update proofs of service accordingly.

Each party shall notify the other party in writing as soon as possible of all electronic addresses to be included in electronic service and shall update any proofs of service accordingly.

Deadline

2 court days

Applies to

Casa court report

When a CASA is appointed before jurisdiction is established, any written report submitted for the jurisdictional hearing must be filed and served at least two court days beforehand.

If the CASA is appointed before jurisdiction is established the CASA may submit a written report to the court for consideration by the court at the jurisdictional hearing; any such report must be filed and served on the parties and/or their counsel at least two (2) court days before the jurisdictional hearing.

Deadline

2 court days

Applies to

Casa court report

For the specified continued dispositional hearings, a written CASA report must be filed and served at least two court days before the hearing.

Further, if the CASA is appointed before disposition, for those dispositional hearings in which the matter is continued pursuant to Welfare and Institutions Code section 358(a)(1), where the child(ren) are detained, and the social worker is not alleging that subdivision (b) of section 361.5 is applicable, the CASA may submit a written report to the court for consideration by the court at the dispositional hearing; any such report must be filed and served on the parties and/or their counsel at least two (2) court days before the dispositional hearing.

Deadline

2 court days

Applies to

Casa court report

A CASA report for a noticed special hearing must be filed and served at least two court days before the hearing unless the court excuses compliance for good cause.

The CASA may also submit reports for any special hearings for which they have been noticed, and if submitted, those written CASA reports shall be filed and served on the parties and/or their counsel at least two (2) court days before the hearing, unless the court excuses such for good cause.

Deadline

5 court days

Applies to

Motion

The motion and supporting papers must be served on all parties at least five court days before the hearing.

The motion, with supporting declaration(s) and a memorandum of points and authorities, shall be served on all parties at least five (5) court days before the hearing date.

Applies to

Motion

A copy of the motion papers must be served on the court before which the matter will be heard.

A copy shall be served on the court before whom the matter is scheduled to be heard.

Deadline

2 court days

Applies to

Responsive papers

Responsive papers must be filed and served two court days before the hearing.

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

Applies to

Hearing request

An attorney requesting a complaint hearing must serve a copy of the request on the complaining party.

If the attorney requests a hearing, the attorney shall serve a copy of the request on the complaining party.

Service

Personal service

A party filing the notice must serve the child’s social worker and attorney or CASA before filing, using personal service, first-class mail, or an equivalent method and filing proof of service; the clerk serves a nonparty’s letter instead.

A copy of the notice must be served on the child’s social worker and on the child’s attorney and/or CASA before the notice is filed with the court. Such service may be effected by personal service, first-class mail, or the equivalent, and must be indicated on a proof of service filed with the notice. In the case of an individual who is not a party to the action who files a letter with the court, the clerk of the court will serve a copy of the letter on the child’s social worker and on the child’s attorney and/or CASA.

Applies to

Ex parte hearing notice

Service

Court service to all parties

Notice of an ex parte hearing must be given to all counsel, interested parties, and unrepresented opposing parties by 10:00 a.m. on the court day before the hearing.

Notice shall be given to all counsel, interested parties, and/or all opposing parties, if not represented by counsel, by 10:00 a.m. the court day before the scheduled hearing.

Service

Court service

When a person's address is unknown, the ex parte compliance declaration must describe the efforts made to obtain the address and provide notice.

If notice cannot be given because the address of the person is unknown, the Ex-Parte Compliance Declaration shall set forth the efforts taken to obtain the address and efforts to give notice to each person whose address is unknown.

Applies to

Ex parte application or petition

Service

Court service to opposing party

The moving party must give responding parties notice, using the court website form, that a temporary judge may hear and rule on the ex parte application or petition, and must submit that notice with the filing.

The moving party must provide notice to the responding party or parties that a temporary judge may hear and rule on the application or petition. Such notice must be submitted with the ex parte application or petition on the form available on the court’s website.

Applies to

Probate petition

Notice of the hearing must be given to a prior representative, fiduciary, or counsel when a probate petition requests fees or commissions after a change in representation or counsel, unless a statutory exception applies.

If there has been a change of personal representative or fiduciary or a substitution of counsel, notice of hearing must be given to such prior representative, fiduciary or counsel of any probate petition in which fees or commissions are requested by the present personal representative, fiduciary or counsel unless: (a) A waiver of notice executed by the prior personal representative, fiduciary or counsel is on file; (b) An agreement on the allocation of fees and/or commissions is on file or included in the petition; or (c) The file and the petition demonstrate that the fees and/or commissions of the prior personal representative, fiduciary or counsel have been previously provided for and allowed by the court.

Deadline

15 calendar days

Service

Personal service

At least 15 days' notice must be personally served on nonpetitioning parents, a minor age 12 or older, and any nonparent custodian.

At least 15 days’ notice by personal service must be given to the parents, if not petitioning; to the minor, if 12 years or older; and to the person(s) having custody, if not the parents.

Deadline

15 calendar days

Service

Mail

At least 15 days' notice must be mailed to all second-degree relatives.

15 days’ notice by mail must be given to all relatives within the second degree.

Applies to

Bail review motion

A felony bail-review motion must be served on the Kern County Probation Department at least two days before the hearing.

Motions filed in felony cases for a bail review hearing, also known as a Humphrey Motion (In re Humphrey (2021) 11 Cal.5th 135), must be served on the Kern County Probation Department, located at 1415 Truxtun Avenue, Bakersfield, California 93301, at least two days prior to the hearing on the request.

Applies to

Case reassignment notice

Court-initiated civil case reassignments must be noticed at least 30 days in advance through the stated public channels and by mailing case-specific notice to self-represented litigants.

All civil case reassignments initiated by the court, as a result of the change of a judicial officer in a department, are posted online and also on the courthouse electronic monitors or in the courthouse lobbies and will be noticed through the court’s case management system, at least 30 days in advance of the reassignment. The court will mail case-specific notice to all self-represented litigants.

The plaintiff must serve written notice of the case management conference on parties who appear after the clerk serves notice.

The plaintiff shall serve written notice of the case management conference on any parties appearing in the action after service of notice of the case management conference by the clerk.

Service

Court service to court

Notice of abandonment must be given to the court as soon as reasonably possible.

If a motion is to be abandoned, notice shall be given to the court as soon as reasonably possible.

Deadline

10 calendar days

Applies to

Subpoena

Subpoenas should be served at least ten calendar days before the scheduled hearing date to assist with Family Court Services scheduling demands.

To assist with scheduling demands in the Family Court Services Department, subpoenas should be served at least ten calendar days before the scheduled hearing date (Effective 1/1/25)

A CASA appointed to a case must receive proper and timely notice of all proceedings in that case.

The CASA shall be properly and timely noticed for all proceedings held in cases to which the CASA has been appointed.

Applies to

Casa court report

CASA reports are generally distributed only to parties and counsel; de facto parents, relatives, foster parents, and service providers require a specific court order to receive copies.

Only parties and their counsel are entitled to receive copies of CASA reports prepared in connection with pending hearings. De facto parents are entitled to receive copies of CASA reports only if there is a court order directing distribution of the report to the de facto parents. Relatives, foster parents, and service providers are not entitled to receive copies of CASA reports in the absence of a specific court order.

Applies to

Casa court report

CASA of Kern County staff must copy and distribute CASA court reports.

CASA court reports shall be copied and distributed by CASA of Kern County staff.

Applies to

Notice of complaint procedures

For a minor client, the notice must be mailed or given to the current caretaker, and a copy must also be sent to the minor if the child is at least 12 years old.

In the case of a minor client, the notice shall be mailed or given to the current caretaker of the child. If the minor is twelve (12) years of age or older, a copy of the notice shall also be sent to the minor

Service

Mail

If the petitioner is not a second-degree relative, the court may require additional notice to relatives through the petitioner's degree of relationship to the minor.

If petitioner is not a relative within the second degree, the court may require additional notice to all relatives within the degree to which the petitioner is related to the minor.

Applies to

Withdrawal of approval notice

The standing order remains effective until the District Attorney or County Counsel files written notice of withdrawal of approval and proof of service on the opposing party.

The orders provided for herein shall remain in effect until either the Kern County District Attorney or County Counsel for the County of Kern files with this court written notice of withdrawal of approval and proof of service upon the opposing party.

Applies to

Document

Service

Electronic service

Documents may be served electronically.

STO-24-0006 - Electronic Service of Documents

Service

Electronic service to all parties

Parties are encouraged to consent to electronic service by serving and filing Form EFS-005-CV, allowing electronically filed documents to be served electronically except where personal service is required.

All parties are encouraged to agree to electronic service. To indicate their willingness to accept electronic service, parties should serve on all parties and file with the court a Consent to Electronic Service and Notice of Electronic Service Address (Judicial Council Form EFS-005- CV). Consent to receive electronic service may be completed only by a party or other person entitled to service or that person’s attorney. This affirmative consent allows all electronically filed documents to be served electronically, except when personal service is required by statute or rule.

Service

Electronic service to all parties

A party may withdraw consent to electronic service at any time by serving all parties and filing Form EFS-006.

Consent to electronic service may be withdrawn at any time. Parties wishing to withdraw their consent should serve on all parties and file with the court a Withdrawal of Consent to Electronic Service (Judicial Council Form EFS-006).

Service

Mail

The Clerk of the Court performs certified-mail service.

Service by certified mail is performed by the Clerk of the Court.

Service

Mail

The plaintiff may choose certified-mail service or personal service of process.

The plaintiff may exercise the option of service which includes service by certified mail or personal service.

Service

Court service

A temporary-guardian ex parte application may be decided without notice or a hearing if the applicant makes the required statutory showing of irreparable harm, immediate danger, or another basis for ex parte relief and explains why the opposing party should not be notified.

An ex parte application for appointment of temporary guardian may be decided on the pleadings submitted, without notice and without a hearing, provided the ex parte application makes the requisite showing of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte (see California Rules of Court, rule 3.1202(c)) and makes the requisite showing that, for reasons specified, the applicant should not be required to inform the opposing party (see California Rule of Court, rule, 3.1204(b)(3)) and rule 7.1012(e)).